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Evaluation on the Hub 34

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Fairness Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--Section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) in the first sentence-- (A) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (B) by striking ``products produced in the United States.'' and inserting ``products.''; and (2) in the second sentence, by inserting after ``produce milk'' the following: ``or the right of any person to import dairy products''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including dairy products imported into the United States in the form of-- ``(1) milk, cream, and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; and ``(4) casein and mixtures; ``(n) the term `importer' means a person that imports an imported dairy product into the United States; and ``(o) the term `Customs' means the United States Customs Service.''. (c) Representation of Importers on Board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (1) by inserting ``National Dairy Promotion and Research Board.--'' after ``(b)''; (2) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively, and indenting the paragraphs appropriately; (3) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Except as provided in paragraph (6), the members''; and (4) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) Representation.--The Secretary shall appoint not more than 2 members who represent importers of dairy products and are subject to assessments under the order, to reflect the proportion of domestic production and imports supplying the United States market, which shall be based on the Secretary's determination of the average volume of domestic production of dairy products proportionate to the average volume of imports of dairy products in the United States over the previous three years. ``(B) Additional members; nominations.--The members appointed under this paragraph-- ``(i) shall be in addition to the total number of members appointed under paragraph (2); and ``(ii) shall be appointed from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (d) Importer Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (1) by inserting ``Assessments.--'' after ``(g)''; (2) by designating the first through fifth sentences as paragraphs (1) through (5), respectively, and indenting appropriately; and (3) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Time for payment.--The assessment on imported dairy products shall be paid by the importer to Customs at the time of the entry of the products into the United States and shall be remitted by Customs to the Board. For purposes of this subparagraph, entry of the products into the United States shall be deemed to have occurred when the products are released from custody of Customs and introduced into the stream of commerce within the United States. Importers include persons who hold title to foreign-produced dairy products immediately upon release by Customs, as well as persons who act on behalf of others, as agents, brokers, or consignees, to secure the release of dairy products from Customs and the introduction of the released dairy products into the stream of commerce. ``(C) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(D) Value of products.--For the purpose of determining the assessment on imported dairy products under subparagraph (C), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner. ``(E) Use of Assessments on Imported Dairy.-- Assessments collected on imported dairy products shall not be used for foreign market promotion.''. (e) Records.--Section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is amended-- (1) in the first sentence-- (A) by inserting after ``of producers'' the following: ``and importers''; and (B) by inserting after ``the producers'' the following: ``and importers''; and (2) in the second sentence, by inserting after ``commercial use'' the following: ``and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary).''.

Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define "imported dairy product" and "importer" for purposes of the dairy promotion program.Directs the Secretary of Agriculture to appoint up to two qualifying dairy importers to the National Dairy Promotion and Research Board.Requires dairy importers to contribute to the dairy promotion program.Makes both importers and producers (currently, limited to producers) eligible to vote in referendums.

SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER. The Black Veterans of America, a nonprofit corporation organized under the laws of the State of Minnesota, is hereby recognized as such and is granted a Federal charter. SEC. 2. POWERS. The Black Veterans of America (hereinafter in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. OBJECTS AND PURPOSES. The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following: (1) Recognizing the contribution to the United States throughout its history made by black Americans in military service. (2) Ensuring that all veterans, and particularly black veterans, receive all benefits accorded them under law. (3) Serving as an information clearinghouse for all veterans' benefits, including education, housing, job training, disability, health care, and burial benefits. (4) Providing outreach and referral to community services for veterans and their families. (5) Providing a forum for discussion of veterans' issues and concerns. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF CORPORATION. Except as provided in section 8, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. PROHIBITION AGAINST DISCRIMINATION. In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin. SEC. 9. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any officer, director, or employee of the corporation. (c) Stock.--The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (d) Claim of Congressional Approval or Authorization.--The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this Act. SEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. SEC. 11. BOOKS AND RECORDS. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(77) The Black Veterans of America.''. SEC. 13. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 2 of the Act referred to in section 12. The report shall not be printed as a public document. SEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. SEC. 15. ``STATE'' DEFINED. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. SEC. 16. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RESTRICTIONS OR PROHIBITIONS. If the corporation shall fail to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire.

Grants a Federal charter to Black Veterans of America (a nonprofit corporation organized under the laws of Minnesota).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Immigration Litigation Act''. SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraphs (A), (B), and (C), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``Notwithstanding any other provision of law''; and (ii) by adding at the end the following: ``(D) Judicial review of certain legal claims.-- Nothing in this paragraph shall be construed as precluding consideration by the circuit courts of appeals of constitutional claims or pure questions of law raised upon petitions for review filed in accordance with this section. Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or, except as provided in subsection (e), any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, such petitions for review shall be the sole and exclusive means of raising any and all claims with respect to orders of removal entered or issued under any provision of this Act.''; and (B) by adding at the end the following: ``(4) Claims under the united nations convention.-- Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, a petition for review by the circuit courts of appeals filed in accordance with this section is the sole and exclusive means of judicial review of claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. ``(5) Exclusive means of review.--The judicial review specified in this subsection shall be the sole and exclusive means for review by any court of an order of removal entered or issued under any provision of this Act. For purposes of this title, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of title 28, United States Code, and review pursuant to any other provision of law.''; (2) in subsection (b)-- (A) in paragraph (3)(B), by inserting ``pursuant to subsection (f)'' after ``unless''; and (B) in paragraph (9), by adding at the end the following: ``Except as otherwise provided in this subsection, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of title 28, United States Code, or by any other provision of law (statutory or nonstatutory), to hear any cause or claim subject to these consolidation provisions.''; (3) in subsection (f)(2), by inserting ``or stay, by temporary or permanent order, including stays pending judicial review,'' after ``no court shall enjoin''; and (4) in subsection (g), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``notwithstanding any other provision of law''. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 3. CONSOLIDATION OF APPEALS. (a) In General.--Section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first sentence and inserting the following: ``The petition for review shall be filed with the court of appeals for the Federal Circuit.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any final agency order that was entered on or after the date of enactment of this Act. SEC. 4. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (B) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, where the alien was born, or where the alien has a residence, unless-- ``(i) such country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 5. BURDEN OF PROOF. (a) Conditions for Granting Asylum.--Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended-- (1) in paragraph (1), by striking ``The Attorney General'' and inserting the following: ``(A) Eligibility.--The Secretary of Homeland Security or the Attorney General''; and (2) by adding at the end the following: ``(B) Burden of proof.--The burden of proof is on the applicant to establish that the applicant is a refugee within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of this Act, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the central motive for persecuting the applicant. The testimony of the applicant, only if it is credible, is persuasive, and refers to specific facts that demonstrate that the applicant is a refugee, may be sufficient to sustain such burden without corroboration. Where the trier of fact finds that it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of the applicant's claim, such evidence must be provided unless a reasonable explanation is given as to why such information is not provided. The credibility determination of the trier of fact may be based, in addition to other factors, on the demeanor, candor, or responsiveness of the applicant or witness, the consistency between the applicant's or witness's written and oral statements, whether or not under oath, made at any time to any officer, agent, or employee of the United States, the internal consistency of each such statement, the consistency of such statements with the country conditions in the country from which the applicant claims asylum, as presented by the Department of State, and any inaccuracies or falsehoods in such statements. These factors may be considered individually or cumulatively.''. (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding after subparagraph (D) the following flush language: ``No court shall reverse a determination made by an adjudicator with respect to the availability of corroborating evidence as described in section 208(b)(1)(B), unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.''. (c) Effective Date.--The amendment made by subsection (b) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.

Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Motor Vehicles Act of 1993''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to stimulate economic growth by encouraging the purchase of new domestic passenger vehicles through the provision of a temporary tax credit, which a purchaser may assign in exchange for an equal reduction in the purchase price of the vehicle from the amount such price would have been if this Act had not been enacted. SEC. 3. TEMPORARY REFUNDABLE CREDIT FOR PURCHASE OF NEW DOMESTIC PASSENGER VEHICLES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. PURCHASE OF NEW DOMESTIC PASSENGER VEHICLE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who purchases a new domestic passenger vehicle, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year in which the purchase is made an amount equal to the applicable percentage of the purchase price of the vehicle. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- ``(A) 15 percent, in the case of a vehicle purchased in calendar year 1993, and ``(B) 7.5 percent, in the case of a vehicle purchased in calendar year 1994. ``(3) Limitation.--The credit allowed by paragraph (1) for any taxpayer shall not exceed-- ``(A) $2,000, in the case of taxable years ending on or before December 31, 1993, and ``(B) $1,000, in the case of taxable years ending after such date. ``(b) Assignment of Credit.--Under regulations prescribed by the Secretary-- ``(1) an individual qualifying for a credit under subsection (a) may, at the time of purchase of the vehicle, assign the right to the credit to the retail dealer from whom the vehicle is purchased in exchange for a purchase price reduction of equal value, ``(2) such retail dealer may assign such right to the manufacturer of the vehicle, and ``(3) such manufacturer shall be allowed to use such credit against the tax imposed by this chapter on such manufacturer. ``(c) New Domestic Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `new domestic passenger vehicle' means any domestic vehicle which-- ``(A) is a passenger vehicle (within the meaning of section 4001(b)), and ``(B) is purchased by the taxpayer in the 1st retail sale of the vehicle (within the meaning of section 4001(a)). ``(2) Domestic vehicle.--The term `domestic vehicle' means any vehicle if-- ``(A) the vehicle is produced by a domestic vehicle manufacturer at a manufacturing facility located within the United States or Canada, and ``(B) such manufacturer includes on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) information concerning-- ``(i) whether the vehicle is a domestic vehicle eligible for the credit allowed by this section, and ``(ii) the percentage of the value of all parts used in the production of the vehicle which is attributable to parts produced by domestic parts manufacturers. ``(3) Domestic manufacturers.-- ``(A) Domestic vehicle manufacturer.--The term `domestic vehicle manufacturer' means a manufacturer (whether or not a related source) of motor vehicles which-- ``(i) has 1 or more motor vehicle manufacturing facilities located within the United States which produce motor vehicles for interstate sale or export, or both, and (ii) with respect to its production of motor vehicles in the facilities referred to in clause (i) during the most recently completed calendar year, utilized motor vehicle parts produced by domestic manufacturers which constituted 60 percent or more of the total value of all motor vehicle parts used in such production. ``(B) Domestic parts manufacturer.--The term `domestic parts manufacturer' means a manufacturer of motor vehicle parts which-- ``(i) has 1 or more motor vehicle parts manufacturing facilities located within the United States or Canada, and ``(ii) either-- ``(I) is not a related source, ``(II) is not affiliated with a related source, or ``(III) is affiliated with a related source, but with respect to its production of motor vehicle parts in the facilities referred to in clause (i) during the most recent full calendar year, utilized materials and components produced by, or purchased or otherwise obtained (directly or indirectly) from, related sources to an extent not exceeding 25 percent of the total value of such production. ``(4) Related sources, ownership, and affiliation.-- ``(A) Related source.--The term `related source' means-- ``(i) a natural person who is a citizen of Japan, and ``(ii) a corporation or other legal entity, wherever located, if owned or controlled by-- ``(I) natural persons who are citizens of Japan, or ``(II) another corporation or other legal entity which is owned or controlled by natural persons who are citizens of Japan, unless such corporation or other legal entity would qualify as a domestic parts manufacturer under paragraph (3)(B). ``(B) Own or control.--The term `own or control' means-- ``(i) in the case of a corporation, the holding of at least 50 percent (by vote or value) of the capital structure of the corporation, and ``(ii) in the case of any other kind of legal entity, the holding of interests representing at least 50 percent of the capital structure of the entity. ``(C) Affiliated.--A domestic parts manufacturer shall be considered to be affiliated with a related source if-- ``(i) in the case of a domestic parts manufacturer which is a corporation, a related source holds at least 2.5 percent but less than 50 percent (by vote or value) of the capital structure of the corporation, and ``(ii) in the case of a domestic parts manufacturer which is any other kind of legal entity, a related source holds interests representing at least 2.5 percent, but less than 50 percent, of the capital structure of the entity. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase price.--Purchase price shall be determined under rules similar to the rules of section 4011(d)(1). ``(2) Value.--The term `value' when applied to-- ``(A) materials and components used in production of motor vehicles parts, or ``(B) motor vehicle parts used in the production of motor vehicles, refers to the cost of such materials, components, or parts to the manufacturer of such parts or vehicles as determined for purposes of applying this title (including, in the case of purchases of materials, components, and parts involving related sources, entities owned or controlled by related sources, or entities affiliated with related sources, determinations based on the application of the transfer price rules). ``(3) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(e) Regulations.--Not later than 60 days after the date of the enactment of this section, the Secretary shall prescribe any regulations appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of any limitation or requirement of this section. ``(f) Termination.--This section shall not apply to any vehicle purchased after December 31, 1994.'' (b) Clerical Amendment.--The table of sections for such subpart C is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Purchase of new domestic passenger vehicle. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to vehicles purchased after December 31, 1992.

Buy American Motor Vehicles Act of 1993 - Amends the Internal Revenue Code to allow a tax credit, for an individual who purchases a new domestic passenger vehicle, of: (1) 15 percent of the purchase price, in the case of a vehicle purchased in 1993; and (2) 7.5 percent, in the case of a vehicle purchased in 1994. Limits the credit to $2,000 in 1993 and $1,000 after such year. Allows an individual qualifying for such credit, at the time of such purchase, to assign the right to the credit to the retail dealer in exchange for a price reduction of equal value. Allows the retailer dealer to assign such right to the manufacturer of the vehicle. Allows manufacturers to use such credit against their tax liability. Defines a domestic parts manufacturer as one with manufacturing facilities within the United States or Canada and who is not Japanese or Japanese-affiliated.

SECTION 1. RELIEF WITH RESPECT TO RENT AND MORTGAGE PAYMENTS FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. (a) Rent and Mortgage Relief.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by adding at the end the following new section: ``SEC. 309. RENT AND MORTGAGE RELIEF. ``(a) Rent.--A member of a reserve component who is ordered to report for military service for a period of more than 90 days and who on the date of such order is a lessee of real property that is occupied by the member or dependents of the member as the primary residence of the member or dependents shall not be required to pay rent under that lease for any period of such military service during which the member is assigned to duty at a location sufficiently distant from such property that the member is unable to reside at such property. ``(b) Mortgages.-- ``(1) In general.--A member of a reserve component who is ordered to report for military service for a period of more than 90 days and who on the date of such order resides at real property that is occupied by the member or dependents of the member as the primary residence of the member or dependents, is owned by the member, and is secured by a mortgage shall be not be required during the period of such military service to make any payment of principal or interest on the mortgage. Any payment not paid by reason of the preceding sentence shall be deferred and shall be appended, on a month-for-month basis, to the end of the term of the mortgage, in the same amount as originally due. ``(2) Mortgage.--In this subsection, the term `mortgage' includes a trust deed or other security in the nature of a mortgage.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 308 the following new item: ``Sec. 309. Rent and mortgage relief.''. (c) Effective Date.--Section 309 of the Servicemembers Civil Relief Act, as added by subsection (a), shall apply with respect to obligations to make lease payments or mortgage payments that become due on or after the date of the enactment of this Act. SEC. 2. REFUNDABLE TAX CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. ``(a) General Rule.--In the case of a lessor, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the reserve component rent relief credit. ``(b) Limitation Based on Previous Rent.--For purposes of this section-- ``(1) In general.--In the case of a property which was rented for the entire preceding taxable year, the amount taken into account under this section as rent not received with respect to such property shall not exceed the amount for which such property was rented for the preceding taxable year. ``(2) Property rented for less than full year.--In the case of a property which was rented for less than the entire preceding taxable year, the amount taken into account under this section as rent not received with respect to such property shall not exceed the amount for which such property was rented for the preceding taxable year, annualized under such methods as the Secretary may prescribe by regulation. ``(3) Property not rented during preceding year.--This subsection shall not apply in the case of a property which was not rented during the preceding taxable year. ``(c) Reserve Component Rent Relief Credit.--For purposes of subsection (a), the reserve component rent relief credit for a taxable year is the aggregate amount of rent not received on leases held by the taxpayer by reason of section 309(a) of the Servicemembers Civil Relief Act. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter with respect to amounts taken into account in determining the credit allowed under this section. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section.''. (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 36 of such Code'' before the period at the end. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. Credit for lessors with respect to rent relief for reserve components members ordered to active duty.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Servicemembers Civil Relief Act to allow a military reservist who is ordered to active duty for a period of more than 90 days: (1) an exemption during the period of active duty from payment of rent on a primary residence occupied by such member or dependents; and (2) a deferral of mortgage payments on a principal residence. Amends the Internal Revenue Code to allow lessors of military reservists granted an exemption from rent payments under this Act a refundable tax credit for the exempted lease amounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Watershed Model Restoration Act''. SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT PROGRAM. (a) In General.--The Administrator of the Environmental Protection Agency shall develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. The purposes of the program shall be to demonstrate methods to encourage urban communities to use their environmental resources as a catalyst for sustainable community redevelopment and to meet the objectives of the Federal Water Pollution Control Act, including stormwater, combined sewer overflows, and other water quality objectives. The program shall have a dual function of restoration and protection of river resources and reduction of environmental human health risks in the surrounding communities. (b) Location.--The pilot program under this section shall be carried out in the Anacostia River watershed, District of Columbia and Maryland. (c) Activities.--In carrying out the program under this section, the Administrator shall-- (1) integrate on a community or geographic basis the regulatory and nonregulatory programs of the Environmental Protection Agency with other Federal, State, and local government programs and provide effective coordination among such programs; (2) support baseline monitoring efforts of State and local governments to determine key trends in ambient environmental conditions for the purpose of filling gaps in critical data about the environmental condition of the watershed; (3) develop and maintain environmental indicators in conjunction with interested public entities and ensure regular public reporting of these indicators; (4) provide grants in accordance with subsection (d) to local community groups and nonprofit organizations to foster community involvement in the decisionmaking process, environmental educational goals, and restoration strategies; (5) assist in the establishment of measurable goals for such restoration; (6) maintain annual program plans which provide for public input; (7) provide opportunities for the education of school children and community groups on local environmental resources and on what individuals can do to reduce environmental and health risks; (8) develop consensus strategies for the restoration and protection of the watershed in cooperation with other Federal, State, and local groups to address critical issues and needs; (9) maintain a biennial Federal work planning process for Federal landholders and programmatic agencies to identify specific opportunities and needs for Federal activities in support of the pilot program's goals; (10) demonstrate new technologies and approaches which are applicable nationally to stormwater management, combined sewer overflow control, floatables reduction, forest buffer restoration, and other activities being conducted under the Federal Water Pollution Control Act; (11) participate in urban habitat improvement projects in the watershed on a demonstration basis; (12) assist in the implementation of the regional action plan for toxics reduction and prevention in the watershed; (13) implement on the ground projects for restoration of the watershed to the extent they are unique or transferable to national audiences; and (14) maintain and enhance the Biennial Work Plan for the Anacostia River Watershed published by the United States Army Corp of Engineers and the Environmental Protection Agency on April 22, 1997, for the purpose of identifying specific opportunities for Federal landholders to contribute to the pilot program. (d) Challenge Grants.-- (1) Set-aside.--The Administrator may set aside no less than $400,000 of amounts appropriated to carry out this section for each fiscal year to make grants under subsection (c)(4). (2) Environmental protection agency share.--The Environmental Protection Agency's share of the costs of activities to be carried out with a grant under this section shall be not less than 75 percent. The remaining share of such costs may be provided through in-kind contributions and may be provided from Federal funds appropriated to carry out any law, other than this Act, if the Federal agency making such funds available agrees. (e) Coordination.--In carrying out the pilot program under this section, the Administrator shall work in coordination with other Federal agencies, particularly the Army Corps of Engineers, to identify projects and activities which are supportive of the goals of the pilot program. (f) Reports.--The Administrator shall transmit to Congress by January 1 of each fiscal years 2000 through 2004 a report on the activities carried out under, and results of, the pilot program during the preceding fiscal year, including a report on the technical, managerial, and public involvement aspects of the pilot program which are transferable to other urban areas. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2000 through 2004. Such sums shall remain available until expended.

Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Freedom Act of 2003''. 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. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Depository institutions defined.--For purposes of this paragraph, the term `depository institution', in addition to the institutions described in paragraph (1)(A), includes any trust company, corporation organized under section 25A or having an agreement with the Board under section 25, or any branch or agency of a foreign bank (as defined in section 1(b) of the International Banking Act of 1978).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 4. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 5. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2003 through 2007.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12) in each of the fiscal years 2003 through 2007. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2003 through 2007, the Board shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2003 through 2007, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2003 through 2007, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''.

Business Checking Freedom Act of 2003 - Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month (or any greater number the Federal Reserve Board may determine) to another account of the owner in the same institution.Authorizes the payment of interest by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution.Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero.Directs the Federal Reserve banks in FY 2003 through 2007 to transfer to the Board for transfer to the Secretary of the Treasury, for deposit in the general fund, additional surplus funds equal to the net cost of their interest payments to depository institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Price Competition Act of 2009''. SEC. 2. EXCLUSIVITY PERIOD. (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv)-- (A) in subclause (II), by striking item (bb) and inserting the following: ``(bb) First applicant.--As used in this subsection, the term `first applicant' means-- ``(AA) an applicant that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; or ``(BB) an applicant for the drug not described in item (AA) that satisfies the requirements of subclause (III).''; and (B) by adding at the end the following: ``(III) An applicant described in subclause (II)(bb)(BB) shall-- ``(aa) submit and lawfully maintain a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in item (AA) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted; ``(bb) with regard to each such unexpired patent for which the applicant submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against the applicant within the 45-day period specified in paragraph (5)(B)(iii), or if an action was brought within such time period, the applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed); and ``(cc) but for the effective date of approval provisions in subparagraphs (B) and (F) and sections 505A and 527, be eligible to receive immediately effective approval at a time before any other applicant has begun commercial marketing.''; and (2) in subparagraph (D)-- (A) in clause (i)(IV), by striking ``The first applicant'' and inserting ``The first applicant, as defined in subparagraph (B)(iv)(II)(bb)(AA),''; and (B) in clause (iii), in the matter preceding subclause (I)-- (i) by striking ``If all first applicants forfeit the 180-day exclusivity period under clause (ii)''; and (ii) by inserting ``If all first applicants, as defined in subparagraph (B)(iv)(II)(bb)(AA), forfeit the 180-day exclusivity period under clause (ii) at a time at which no applicant has begun commercial marketing''. (b) Effective Date and Transitional Provision.-- (1) Effective date.--The amendments made by subsection (a) shall be effective only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (Public Law 108-173) apply. (2) Transitional provision.--An application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), to which the 180-day exclusivity period described in paragraph (5)(iv) of such section does not apply, and that contains a certification under paragraph (2)(A)(vii)(IV) of such Act, shall be regarded as a previous application containing such a certification within the meaning of section 505(j)(5)(B)(iv) of such Act (as in effect before the amendments made by Medicare Prescription Drug Improvement and Modernization Act of 2003 (Public Law 108-173)) if-- (A) no action for infringement of the patent that is the subject of such certification was brought against the applicant within the 45-day period specified in section 505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)), or if an action was brought within such time period, the applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed); (B) the application is eligible to receive immediately effective approval, but for the effective date of approval provisions in sections 505(j)(5)(B) (as in effect before the amendment made by Public Law 108-173), 505(j)(5)(F), 505A, and 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B), 355(j)(5)(F), 355a, 360cc); and (C) no other applicant has begun commercial marketing.

Drug Price Competition Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of "first applicant" under such Act to allow a generic drug manufacturer that is currently considered an applicant subsequent to a brand-name manufacturer's 180-day exclusivity period to qualify as a first applicant for purposes of filing an abbreviated application for a new drug. Requires such applicant to submit a substantially complete application that contains and lawfully maintains a certification for such drug.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Temporary Economic Priority (STEP) Act''. SEC. 2. PURPOSE. It is the purpose of this Act to authorize a State to transfer or consolidate funds made available to such State under certain transportation, education, and job training programs after the United States experiences economic growth at an annual rate of less than 1 percent for 2 calendar quarters. SEC. 3. AUTHORITY TO TRANSFER OR CONSOLIDATE CERTAIN FUNDS. (a) Authority Available.-- (1) In general.--A State may transfer or consolidate funds under subsections (b), (c), and (d) beginning with the calendar quarter after the United States experiences economic growth at an annual rate of less than 1 percent for 2 calendar quarters and continuing until 18 months after the United States experiences economic growth at an annual rate of 1 percent or more for 2 calendar quarters. (2) Treatment of transferred or consolidated funds.--Funds transferred or consolidated under subsections (b), (c), or (d) shall be used in accordance with the statutory and regulatory requirements applicable to the program to which the funds are transferred or consolidated. (b) Transportation Funds.-- (1) In general.--In applying subsection (a), a State may transfer, in such amounts as the State determines appropriate, any funds apportioned and allocated to such State from amounts made available from the Highway Trust Fund (26 U.S.C. 9503 et seq.), other than the Mass Transit Account, to any of the apportionments and allocations for the following programs authorized by title 23, United States Code: (A) The interstate maintenance program under section 119. (B) The National Highway System under section 103(b). (C) The surface transportation program under section 133. (D) The highway bridge replacement and rehabilitation program under section 144. (2) Exempt transportation funds.--The funds made available for the highway safety improvement programs authorized by section 148 and chapter 4 of title 23, United States Code, shall not be subject to transfer or consolidation under subsection (a). (c) Federal Education Funds.--In applying subsection (a), a State may, in such amounts as the State determines appropriate from any funds made available to such State under any formula grant programs carried out under any of the following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), transfer or consolidate such funds between and among such programs: (1) Part A of title I (Improving Basic Programs Operated by Local Educational Agencies). (2) Subpart 1 of part B of title I (Reading First). (3) Subpart 3 of part B of title I (William F. Goodling Even Start Family Literacy Programs). (4) Subpart 4 of part B of title I (Improving Literacy Through School Libraries). (5) Part C of title I (Education of Migratory Children). (6) Part D of title I (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At- Risk). (7) Part F of title I (Comprehensive School Reform). (8) Part H of title I (School Dropout Prevention). (9) Subpart 1 of part A of title II (Teacher and Principal Training and Recruiting Fund (Grants to States)). (10) Part B of title II (Mathematics and Science Partnerships). (11) Part D of title II (Enhancing Education Through Technology). (12) Part A of title III (English Language Acquisition, Language Enhancement, and Academic Achievement). (13) Part A of title IV (Safe and Drug-Free Schools and Communities). (14) Part B of title IV (21st Century Community Learning Centers). (15) Subpart 2 of part A of title V (Innovative Programs (State Programs)). (16) Subpart 1 of part A of title VI (Improving Academic Achievement (Accountability)). (d) Job Training Funds.--In applying subsection (a), a State may, in such amounts as the State determines appropriate from any funds made available to such State under the following job training programs, transfer or consolidate such funds between and among such programs: (1) Any formula grant program carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (2) Any funds made available to the State under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.). (e) Definitions.--In this Act-- (1) the phrase ``economic growth at an annual rate of less than 1 percent for 2 calendar quarters'' means, that for 2 consecutive calendar quarters, real gross domestic product, as announced by Bureau of Economic Analysis of the Department of Commerce, has experienced-- (A) an annual rate of decrease for such quarters; (B) no change in the annual rate for such quarters; or (C) an increase at an annual rate of less than 1 percent for such quarters; and (2) the phrase ``economic growth at an annual rate of 1 percent or more for 2 calendar quarters'' means an increase in real gross domestic product at an annual rate of 1 percent or more for 2 consecutive calendar quarters, as announced by the Bureau of Economic Analysis of the Department of Commerce for such quarters.

State Temporary Economic Priority (STEP) Act - Authorizes states to transfer or consolidate funds made available to them under certain federal transportation, education, and job training programs: (1) beginning with the calendar quarter after the United States experiences economic growth at an annual rate of less than 1% for two consecutive calendar quarters; and (2) continuing until 18 months after it experiences economic growth at an annual rate of 1% or more for two consecutive calendar quarters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Line Pension Act of 2003''. SEC. 2. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN PLANS. (a) Funding Rules for Certain Plans.-- (1) In general.--Notwithstanding any provision of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 to the contrary, the provisions of subsections (b), (c), and (d) shall apply for any plan year beginning after December 27, 2002, in the case of a defined benefit plan-- (A) that is established and maintained by a commercial passenger air carrier; and (B) that has a funded percentage of less than 80 percent as of January 1, 2003. (2) Funded percentage.--For purposes of this section, the term ``funded percentage'' means the quotient (expressed as a percentage) derived by dividing-- (A) the market value of plan assets as of January 1, 2003 (excluding receivable contributions), by (B) the current liability of the plan as of January 1, 2003. (3) Interest rate.--In determining current liability for purposes of paragraph (2), the assumed interest rate shall be 6.65 percent. (4) Estimation of current liability.--If the valuation date for the plan is not January 1, 2003, the current liability as of January 1, 2003, shall be estimated based on generally accepted actuarial principles and practices. (b) Moratorium on Deficit Reduction Contribution.-- (1) In general.--In applying section 412(l)(9)(A) of such Code and section 302(d)(9)(A) of such Act with respect to a plan described in subsection (a)(1), the funded current liability percentage of the plan shall be treated as not less than 90 percent for plan years beginning after December 27, 2002 and before December 27, 2007. (2) Termination of moratorium in certain cases.--If the funded current liability percentage of the plan, without application of paragraph (1), is 90 percent or greater during any plan year beginning after December 27, 2002 and before December 27, 2007, paragraph (1) shall cease to apply to the plan for plan years beginning with or after such plan year. (3) Extension of amortization periods.--For plan years for which paragraph (1) applies in the case of the plan, net experience gains and net experience losses shall be amortized under sections 412(b)(2)(B)(iv) and 412(b)(3)(B)(ii) of such Code (respectively) and sections 302(b)(2)(B)(iv) and 302(b)(3)(B)(ii) of such Act (respectively), over a period of 15 plan years. (4) Option to combine or to offset amortization bases.--For the first plan year for which paragraph (1) applies with respect to the plan, amounts required to be amortized under paragraphs (2) and (3) of section 412(b) of such Code and paragraphs (2) and (3) of section 302(b) of such Act may be combined into one amount under such sections, and may be offset against other amounts required to be amortized under such sections, with the resulting amount in either case to be amortized over a period of 15 plan years. (c) Amortization of 2008 Unfunded Current Liability.-- (1) In general.--In such form and manner as the Secretary of the Treasury may prescribe, the sponsor of a plan described in subsection (a)(1) may make a one-time, irrevocable election with the Secretary of the Treasury to amortize the unfunded current liability for the first plan year beginning after December 27, 2007, on an interest-only basis for the first 5 plan years (beginning with such first plan year) and thereafter in equal annual installments over a period of 15 plan years (beginning with the first plan year after December 27, 2012). (2) Determination of 2008 unfunded current liability in calculating deficit reduction contribution after moratorium ends.--If the plan sponsor makes an election under paragraph (1) with respect to the plan, the unfunded current liability of the plan for the first plan year after December 27, 2007, shall be calculated as follows: (A) such unfunded current liability shall equal the unfunded current liability as of the first day of such first plan year, and (B) such unfunded current liability shall be calculated using the actuarial value of assets as of the first day of such first plan year. (3) Use of 2008 unfunded current liability in calculating deficit reduction after moratorium ends.--If the plan sponsor makes an election under paragraph (1) with respect to the plan, the plan's unfunded old liability, for purposes of section 412(l) of such Code and section 302(l) of such Act, shall be deemed equal to the unfunded current liability calculated under paragraph (2) for the first plan year after December 27, 2007, and the plan's unfunded old liability amount for any plan year, for purposes of section 412(l) of such Code and section 302(l) of such Act, shall be the amount necessary to amortize the unfunded old liability under the plan as described in paragraph (1). (4) Cessation of modifications.--If the funded current liability percentage of the plan, determined without regard to this section, is 90 percent or greater for any plan year after December 27, 2002, this subsection shall cease to apply to the plan for plan years beginning with or after such plan year. (d) Recognition of Waiver in Deficit Reduction Contribution.--For any plan described in subsection (a)(1), the amount referred to in clause (ii) of section 412(l)(8)(A) of such Code and section 302(d)(8)(A) of such Act shall be deemed to be an amount equal to the sum of-- (1) the value of the plan's assets determined under section 412(c)(2) of such Code and section 302(c)(2) of such Act, and (2) the unamortized portion of any waived funding deficiency. SEC. 3. RESTORATION OF CERTAIN PLANS TERMINATING IN 2003. (a) In General.--Notwithstanding any provision of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974, the provisions of subsection (b) shall apply to any defined benefit plan-- (1) that is maintained by a commercial passenger air carrier, (2) that is maintained for the benefit of such carrier's employees pursuant to a collective bargaining agreement, and (3) that terminated during the calendar year 2003. (b) Restoration of Plan.--Not later than December 31, 2003, the Pension Benefit Guaranty Corporation shall restore any plan described in paragraph (1) to the plan's pre-termination status and the control of the plan's assets and liabilities shall be transferred to the employer, unless the collective bargaining agreement provides that the plan should not be restored. (c) Exclusion of Expected Increase in Current Liability.--In applying section 412(l)(1)(A)(i) of such Code and section 302(d)(1)(A)(i) of such Act with respect to a plan restored under subsection (b), any expected increase in current liability due to benefits accruing during each plan year as described in section 412(1)(2)(C) of such Code and section 302(d)(2)(C) of such Act shall be excluded. (d) Amortization of Unfunded Amounts Under Restoration Payment Schedule.-- (1) 2004 unfunded accrued liability.-- (A) In general.--In the case of a plan restored under subsection (b)-- (i) the initial post-restoration valuation date for a plan described in subsection (a) shall be January 1, 2004, (ii) the initial restoration amortization base for a plan described in subsection (a) shall be an amount equal to the excess of-- (I) the accrued benefit liabilities returned by the Corporation, over (II) the market value of plan assets returned by the Corporation, and (iii) the initial restoration amortization base shall be amortized in level annual installments over a period of 30 years after the initial post-restoration valuation date, and the funding standard account of the plan under section 412 of such Code and section 302 of such Act shall be charged with such installments. (B) Other special funding rules remain applicable.--At the election of the plan sponsor, the provisions of subsections (b), (c), and (d) of section 2 shall apply with respect to the plan. (2) Rules of special application.--In applying the 30-year amortization described in paragraph (1)(A)-- (A) the assumed interest rate shall be the valuation interest rate used to determine the accrued liability under section 412(c) of such Code and section 302(c) of such Act, (B) the actuarial value of assets as of the initial post-restoration valuation date shall be reset to the market value of assets with a 5-year phase-in of unexpected investment gains or losses on a prospective basis, and (C) for plans using the frozen initial liability (FIL) funding method in accordance with section 412(c) of such Code and section 302(c) of such Act, the initial unfunded liability used to determine normal cost shall be reset to the initial restoration amortization base. (e) Quarterly Contributions.--The requirements of section 412(m) of such Code and section 302(e) of such Act shall not apply to a plan restored under subsection (b) until the plan year beginning on the initial post-restoration valuation date. The required annual payment for that year shall be the lesser of-- (1) the amount determined under section 412(m)(4)(B)(i) of such Code and section 302(e)(4)(B)(i) of such Act, or (2) 100 percent of the amount required to be contributed under the plan for the plan year beginning January 1, 2003 and ending on the date of plan termination. (f) Resetting of Funding Standard Account Balances.--In the case of a plan restored under subsection (b), any accumulated funding deficiency or credit balance in the funding standard account under section 412 of such Code or section 302 of such Act shall be set equal to zero as of the initial post-restoration valuation date. SEC. 4. PBGC LIABILITY LIMITED. In the case of any plan-- (1) which is described in section 2(a)(1), and which terminates at a time when section 2(b)(1) applies to the plan, or at a time when the unfunded current liability of the plan for the first plan year after December 27, 2007, is being amortized on an interest-only basis under section 2(c), or (2) which is described in section 3(a), which is restored pursuant to section 3(b), and which subsequently terminates with a date of plan termination prior to the end of the fifth plan year beginning after December 27, 2007, section 4022 of the Employee Retirement Income Security Act of 1974 shall be applied as if the plan had been amended to provide that participants would receive no credit for benefit accrual purposes under the plan for service on and after the first day of the plan year beginning after the date of the enactment of this Act. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall apply to plan years beginning after December 27, 2002.

Air Line Pension Act of 2003 - Sets forth special funding requirements for certain pension plans maintained by commercial passenger air carriers (plans), notwithstanding any contrary provisions of the Internal Revenue Code or of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for such plans, if they have a funded percentage of less than 80 percent as of January 1, 2003, the following: (1) modifications of funding rules, including funded percentage, assumed interest rate for determining current liability, and estimation of current liability; (2) a moratorium on the deficit reduction contribution, under specified conditions; (3) a one-time amortization of 2008 unfunded current liability; and (4) recognition of a waiver in the deficit reduction contribution. Provides for such plans, if they are maintained for benefit of the carrier's employees pursuant to a collective bargaining agreement and if they terminated during calendar year 2003, the following: (1) restoration by the Pension Benefit Guaranty Corporation (PBGC) to the plan's pre-termination status and transfer of control of plan assets and liabilities to the employer, unless the collective bargaining agreement provides that the plan should not be restored; (2) exclusion of any expected increase in current liability due to benefits accruing during each plan year; (3) amortization of unfunded amounts under the restoration payment schedule; (4) inapplicability of certain contribution requirements to a restored plan until a plan year beginning on the initial post-restoration valuation date, with modified required annual payments; and (5) resetting of funding standard account balances. Limits PBGC liability with respect to certain plans under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles Incentive Act of 2013''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, ``(ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(37) the clean-fuel credit determined under section 45S.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by inserting after clause (ix) the following: ``(x) the credit determined under section 45S.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the clean fuels credit determined under section 45S.''. (f) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Vehicles placed in service in nonattainment area after 2012.-- ``(A) In general.--No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2012 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. ``(C) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(D) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45S(d).''. (b) Extension of Credit for Hybrid Vehicles Placed in Service in Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is amended to read as follows: ``(3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))-- ``(A) December 31, 2009, and before January 1, 2013, or ``(B) December 31, 2012, and before January 1, 2018.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012.

Clean Vehicles Incentive Act of 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting Aside for a Valuable Education (SAVE) Act''. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Exception for institutional programs.--In the case of any taxable year beginning before January 1, 2004, clauses (i) and (ii) shall not apply with respect to any distribution during such taxable year under a qualified State tuition program established and maintained by 1 or more eligible educational institutions. ``(iv) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(v) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(vi) Coordination with education savings accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``section 530(d)(2)'' and inserting ``sections 529(c)(3)(B)(i) and 530(d)(2)''. (2) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529(b)(1) of the Internal Revenue Code of 1986 (defining qualified State tuition program) is amended by inserting ``or by 1 or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (b) Private Qualified Tuition Programs Limited to Benefit Plans.-- Clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``in the case of a program established and maintained by a State or agency or instrumentality thereof,'' before ``may make''. (c) Additional Requirements for Certain Private Qualified Tuition Programs.--Section 529(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Additional requirements for certain private qualified tuition programs.--A program established and maintained by 1 or more eligible educational institutions and described in paragraph (1)(A)(ii) shall not be treated as a qualified tuition program unless-- ``(A) under such program a trust is created or organized for the sole purpose of paying the qualified higher education expenses of the designated beneficiary of the account, ``(B) the written governing instrument creating the trust of which the account is a part provides safeguards to ensure that contributions made on behalf of a designated beneficiary remain available to provide for the qualified higher education expenses of the designated beneficiary, and ``(C) the trust meets the following requirements: ``(i) Any trustee or person who may under contract operate or manage the trust demonstrates to the satisfaction of the Secretary that the manner in which that trustee or person will administer the trust will be consistent with the requirements of this section. ``(ii) The assets of the trust are not commingled with other property except in a common trust fund or common investment fund. ``(iii) The trust annually prepares and makes available the reports and accountings required by this section. The annual report, at a minimum, includes information on the financial condition of the trust and the investment policy of the trust. ``(iv) Before entering into contracts or otherwise accepting contributions on behalf of a designated beneficiary, the trust obtains an appropriate actuarial report to establish, maintain, and certify that the trust shall have sufficient assets to defray the obligations of the trust and annually makes the actuarial report available to account contributors and designated beneficiaries. ``(v) The trust secures a favorable ruling or opinion issued by the Internal Revenue Service that the trust is in compliance with the requirements of this section. ``(vi) Before entering into contracts or otherwise accepting contributions on behalf of a designated beneficiary, the trust solicits answers to appropriate ruling requests from the Securities and Exchange Commission regarding the application of Federal securities laws to the trust.''. (d) Application of Federal Securities Laws to Private Qualified Tuition Programs.--Section 529(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(6) Application of federal securities laws to private qualified tuition programs.--Nothing in this section shall be construed to exempt any qualified tuition program that is not established and maintained by a State or agency or instrumentality thereof from any of the requirements of the Securities Act of 1933 (15 U.S.C 77a et seq.) or the Investment Company Act of 1940 (15 U.S.C 80a-1 et seq.).''. (e) Conforming Amendments.-- (1) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of the Internal Revenue Code of 1986 are each amended by striking ``qualified State tuition'' each place it appears and inserting ``qualified tuition''. (2) The headings for sections 72(e)(9) and 135(c)(2)(C) of such Code are each amended by striking ``qualified state tuition'' and inserting ``qualified tuition''. (3) The headings for sections 529(b) and 530(b)(2)(B) of such Code are each amended by striking ``Qualified state tuition'' and inserting ``Qualified tuition''. (4) The heading for section 529 of such Code is amended by striking ``state''. (5) The item relating to section 529 of such Code in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. OTHER MODIFICATIONS TO QUALIFIED TUITION PROGRAMS. (a) Rollover to Different Program for Benefit of Same Designated Beneficiary.--Section 529(c)(3)(C) of the Internal Revenue Code of 1986 (relating to change in beneficiaries) is amended-- (1) by striking ``transferred to the credit'' in clause (i) and inserting ``transferred-- ``(I) to another qualified tuition program for the benefit of the designated beneficiary, or ``(II) to the credit'', (2) by adding at the end the following new clause: ``(iii) Limitation on certain rollovers.-- Clause (i)(I) shall only apply to 1 transfer with respect to a designated beneficiary in any year.'', and (3) by inserting ``or programs'' after ``beneficiaries'' in the heading. (b) Member of Family Includes First Cousin.--Section 529(e)(2) of the Internal Revenue Code of 1986 (defining member of family) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and by inserting ``; and'', and by adding at the end the following new subparagraph: ``(D) any first cousin of such beneficiary.''. (c) Adjustment of Limitation on Room and Board Distributions.-- Section 529(e)(3)(B)(ii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(ii) Limitation.--The amount treated as qualified higher education expenses by reason of clause (i) shall not exceed the greater of-- ``(I) the amount (applicable to the student) included for room and board for such period in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Setting Aside for a Valuable Education (SAVE) Act) for the eligible educational institution for such period, or ``(II) the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Setting Aside for a Valuable Education (SAVE) Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; (2) exclude from gross income program distributions used for qualified higher education expenses; (3) permit an annual rollover to a different tuition program on behalf of the same beneficiary; (4) include first cousins as a qualifying family member; and (5) revise the room and board limitation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance for Veterans Act of 2012'' or the ``HAVEN Act''. SEC. 2. DEFINITIONS. In this Act: (1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran. (3) Energy efficient features or equipment.--The term ``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is-- (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence.-- (A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is an eligible veteran's principal dwelling and is owned by such veteran or a family member of such veteran. (B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes-- (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or State-wide programs that primarily serve veterans or low-income individuals. (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Veteran.--The term ``veteran'' has the same meaning as given such term in section 101 of title 38, United States Code. (10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 3. ESTABLISHMENT OF A PILOT PROGRAM. (a) Grant.-- (1) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (2) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (3) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (b) Application.-- (1) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under paragraph (2), accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan of action detailing outreach initiatives; (B) the approximate number of veterans the qualified organization intends to serve using grant funds; (C) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (D) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans and serve their needs. (3) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization-- (A) with experience in providing housing rehabilitation and modification services for disabled veterans; or (B) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term ``rural areas''). (c) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (1) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low- income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (2) Have established outreach initiatives that-- (A) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; and (B) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (3) Have an established nationwide or State-wide network of affiliates that are-- (A) nonprofit organizations; and (B) able to provide housing rehabilitation and modification services for eligible veterans. (4) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (d) Use of Funds.--A grant award under the pilot program shall be used-- (1) to modify and rehabilitate the primary residence of an eligible veteran, and may include-- (A) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to-- (i) accommodate the functional limitations that result from having a disability; or (ii) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (B) rehabilitating such residence that is in a state of interior or exterior disrepair; and (C) installing energy efficient features or equipment if-- (i) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and (ii) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; (2) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and (3) for other purposes as the Secretary may prescribe through regulations. (e) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (f) Matching Funds.-- (1) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (2) In-kind contributions.--In order to meet the requirement under paragraph (1), such organization may arrange for in-kind contributions. (g) Limitation Cost to the Veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (h) Reports.-- (1) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written-- (A) the number of eligible veterans provided assistance under the pilot program; (B) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (C) the total number, types, and locations of entities contracted under such program to administer the grant funding; (D) the amount of matching funds and in-kind contributions raised with each grant; (E) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (F) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (G) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (H) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (I) any other information that the Secretary considers relevant in assessing such program. (2) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (i) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this Act $4,000,000 for each of fiscal years 2013 through 2017.

Housing Assistance for Veterans Act of 2012 or HAVEN Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited or no cost to such veterans). Limits grant amounts to $1 million per organization. Requires the Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Quality Diabetes Education Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Centers for Disease Control and Prevention (hereinafter ``CDC'') report that nearly 26,000,000 Americans have diabetes, in addition to an estimated 79,000,000 Americans who have prediabetes, an increase of 24,000,000 Americans with either diabetes or prediabetes since 2008. People with prediabetes are at increased risk of developing Type 2 diabetes or cardiovascular disease. (2) Diabetes impacts 8.3 percent of all Americans and 11.3 percent of American adults. The CDC estimates that as many as 1 in 3 Americans will have diabetes by 2050 if current trends continue. (3) According to the American Diabetes Association, the total costs of diagnosed diabetes have risen to $245 billion in 2012 from $174 billion in 2007, when the cost was last examined by the CDC. This figure represents a 41 percent increase over a five-year period. (4) One in 3 Medicare dollars is currently spent on people with diabetes. (5) There were 11.3 million diabetes related emergency room visits in 2008, compared with 9.5 million in 2000, an increase of 11 percent. (6) According to the CDC, health care providers are finding statistically significant increases in the prevalence of Type 2 diabetes in children and adolescents. (7) Diabetes self-management training (hereinafter ``DSMT''), also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them manage medications, address nutritional issues, facilitate diabetes-related problem solving, and make other critical lifestyle changes to effectively manage their diabetes. Evidence shows that individuals participating in DSMT programs are able to progress along the continuum necessary to make sustained behavioral changes in order to manage their diabetes. (8) A certified diabetes educator is a State licensed or registered health care professional who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (9) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes and is a vital component of an overall diabetes treatment regimen. Patients who have received training from a certified diabetes educator are better able to implement the treatment plan received from a physician skilled in diabetes treatment. (10) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (11) In recognition of the important role of DSMT programs, the CDC in 2012 awarded funding to expand the National Diabetes Prevention Program to help prevent the onset of Type 2 diabetes for individuals at high risk. (12) The net savings to the Medicare program of ensuring that beneficiaries have access to quality DSMT is estimated to be $2,000,000,000 over 10 years. (13) Despite its effectiveness in reducing diabetes-related complications and associated costs, diabetes self-management training has been recognized by the Centers for Medicare & Medicaid Services as an underutilized Medicare benefit, even after more than a decade of coverage. (14) Enhancing access to diabetes self-management training programs that are certified as necessary by the patient's treating physician and taught by certified diabetes educators is an important public policy goal that can help improve health outcomes, ensure quality, and reduce escalating diabetes- related health costs. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS AUTHORIZED PROVIDERS OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by striking ``by a certified provider (as described in paragraph (2)(A)) in an outpatient setting'' and inserting ``in an outpatient setting by a certified diabetes educator (as defined in paragraph (3)) or by a certified provider (as described in paragraph (2)(A))''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual-- ``(A) who is licensed or registered by the State in which the services are performed as a certified diabetes educator; or ``(B) who-- ``(i) is licensed or registered by the State in which the services are performed as a health care professional; ``(ii) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(iii) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4) For purposes of paragraph (3)(B)(iii), the term `recognized certifying body' means a certifying body for diabetes educators which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary.''. (b) Treatment as a Practitioner, Including for Telehealth Services.--Section 1842(b)(18)(C) of the such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A certified diabetes educator (as defined in section 1861(qq)(3)).''. (c) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (d) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate physicians and other health care providers as well as the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (e) Effective Date.--The amendments made by this section shall apply to items and services furnished after the end of the 12-month period beginning on the date of the enactment of this Act.

Access to Quality Diabetes Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to recognize state-licensed or -registered certified diabetes educators or state-licensed or -registered health care professionals who specialize in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition and are certified as a diabetes educator by a recognized certifying body. Directs the Comptroller General (GAO) to study the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Requires the Director of the Agency for Health Care Research and Quality of the Department of Health and Human Services (HHS) to develop a series of recommendations on effective outreach methods to educate primary care physicians and other health care providers as well as the public about the benefits of diabetes self-management training.

SECTION 1. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL BUILDINGS. (a) 20-Year Recovery Period for Highly Efficient HVAC&R Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 20-year property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any property-- ``(I) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(II) which exceeds by at least 10 percent the applicable minimum performance standard for such system or component under the National Appliance Energy Conservation Act of 1987 or the Energy Policy Act of 1992 (as such Acts are in effect on the date that such property is placed in service and taking into account any changes to the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 90.1 which have been adopted by the Department of Energy as of such date), ``(III) which is installed on or in a building which is nonresidential real property or residential rental property, ``(IV) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(V) which is placed in service before January 1, 2013.'' (b) 25-Year Recovery Period.--Section 168(e)(3) of such Code is further amended by inserting after subparagraph (F) the following new subparagraph: ``(G) 25-year property.--The term `25-year property' means any property-- ``(i) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(ii) which is not described in subparagraph (F), ``(iii) which is installed on or in a building which is nonresidential real property or residential rental property, ``(iv) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(v) which is placed in service before January 1, 2013.''. (c) Conforming Amendments.-- (1) The table contained in section 168(c) of such Code is amended by inserting after the item relating to 20-year property the following new item: ``25-year property................................. 25 years''. (2) The table contained in section 467(e)(3)(A) of such Code is amended by inserting after the item relating to residential rental property and nonresidential real property the following new item: ``25-year property................................. 25 years''. (d) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by redesignating subparagraphs (F), (G), (H), and (I) as subparagraphs (G), (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Property described in subsection (e)(3)(F)(ii) and subsection (e)(3)(G).''. (e) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the items relating to subparagraph (F) and inserting the following new items: ``(F)(i)............................................... 20 (F)(ii)............................................... 20 (G)................................................... 25''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008.

Amends the Internal Revenue Code to provide for accelerated depreciation of certain energy-efficient heating, ventilation, air conditioning, or commercial refrigeration property installed in nonresidential real property or residential rental property and placed in service before January 1, 2013.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollar Bill Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Article I, section 8 of the Constitution of the United States provides that the Congress shall have Power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (2) Congress effectively delegated the power to regulate the value of United States money and foreign money to the Federal Reserve System via the Federal Reserve Act of 1913. (3) The value of the United States dollar has fallen dramatically relative to gold, crude oil, other real commodities and major foreign currencies. (4) The value of the United States dollar has become unstable and uncertain. (5) The Board of Governors of the Federal Reserve System has not produced a stable and reliable value for the United States dollar. (6) The Board of Governors of the Federal Reserve System cannot reasonably be expected to produce a stable and reliable value for the United States dollar. (7) An unstable dollar slows the growth of the economy by increasing the cost of capital, increasing the risks attendant to long-term capital investment, and increasing the effective rate of the corporate income tax. (8) An unstable dollar reduces the real earnings of American workers. (9) An unstable dollar reduces the real value of financial assets held by the public. (10) An unstable dollar reduces the real value of pension plans and retirement accounts upon which Americans depend for their security. (11) An unstable dollar damages the economic and political standing of the United States in the world community. (12) An unstable dollar gives rise to anxiety, uncertainty, and risk among the financial markets and the public. SEC. 3. DIRECTIVES TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) In General.--Before the end of the 30-day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall designate a specific week (the ``Target Week'') starting no earlier than 90 days from the date of the enactment of this Act and ending no later than 120 days from the enactment of this Act. After designating the Target Week, the Board of Governors of the Federal Reserve System shall then employ a random process to select a specific day, hour, minute, and second during the Target Week (the ``Target Moment''), which shall not be publicly disclosed. At the Target Moment, the Board of Governors of the Federal Reserve System shall make the value of the U.S. dollar equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc., as of the Target Moment and maintain the value of the United States dollar within plus or minus 2 percent of such price (the ``Target Range'') thereafter. (b) Target.--The Board of Governors of the Federal Reserve System shall maintain the value of the United States dollar within the Target Range directly, via open market operations, and not indirectly, as in the current practice of targeting the Federal Funds rate. (c) Promotion of Stable and Effective Financial Markets.--The Board of Governors of the Federal Reserve System shall use the banking and bank regulatory powers of the Board to maintain and promote stable and effective financial markets during and after the transition to a defined value for the United States dollar. SEC. 4. TAX DEPRECIATION. Effective January 1, 2013, all entities that depreciate capital assets for tax purposes shall be entitled to 100 percent expensing of all capital investment for tax purposes in the year that the investment is made. SEC. 5. DIRECTIVE TO THE CONGRESSIONAL BUDGET OFFICE. In addition to the scoring that the Congressional Budget Office will do of the tax changes provided in this Act in the normal course of events, the Congressional Budget Office shall also calculate the impact on Federal revenues on a present value basis. This calculation shall be done in the manner that such calculations are done by the Social Security Trustees, and shall take into account the following: (1) That first year expensing of capital investment accelerates, but does not change the total amount of the depreciation that taxpayers take based upon their investments. (2) Capital investments by businesses have historically earned much higher returns than the interest rate on government bonds. SEC. 6. CONFLICT OF LAWS PROVISION. In the event that any provisions of this Act are found to be in conflict with those of the Full Employment and Balanced Growth Act of 1978, the provisions of this Act shall supersede the provisions of such Act to the extent of the conflict. SEC. 7. REMOVAL OF FEDERAL RESERVE BANK AUTHORITY TO PAY EARNINGS ON RESERVES. (a) In General.--Section 19(b)(12) of the Federal Reserve Act (12 U.S.C. 461(b)(12)) is amended-- (1) in the heading of such paragraph, by striking ``Earnings'' and inserting ``No earnings''; (2) in subparagraph (A), by striking ``may receive earnings to be paid by the Federal Reserve bank at least once each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates'' and inserting ``may not receive earnings paid by the Federal Reserve bank''; (3) by striking subparagraph (B); and (4) by redesignating subparagraph (C) as subparagraph (B). (b) Effective Date.--The amendments made under this section shall take effect after the end of the 30-day period beginning on the date of the enactment of this Act.

Dollar Bill Act of 2013 - Directs the Board of Governors of the Federal Reserve System (Board) to: (1) designate a "Target Week"; (2) employ a random process to select a specific day, hour, minute, and second during such Target Week as "Target Moment" (which shall not be publicly disclosed); (3) make the value of the U.S. dollar at the Target Moment equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc.; and (4) maintain the value of the U.S. dollar within plus or minus 2% of such price ("Target Range") thereafter. Instructs the Board maintain the value of the United States dollar within the Target Range directly, via open market operations, and not indirectly, as in the current practice of targeting the Federal Funds rate. Requires the Board to use its banking and bank regulatory powers to maintain and promote stable and effective financial markets during and after the transition to a defined value for the U.S. dollar. Entitles all entities that depreciate capital assets for tax purposes to 100% expensing of all capital investment for tax purposes in the year that the investment is made. Requires the Congressional Budget Office (CBO), in addition to the scoring CBO will do of the tax changes provided in this Act, to calculate the impact on federal revenues on a present value basis. Amends the Federal Reserve Act to remove Federal Reserve Bank authority to pay earnings on reserves.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Homeland Security Act of 2004''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Homeland Security Strategy Commission established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Strategy.--The term ``Strategy'' means the National Strategy for Homeland Security developed under this Act. SEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY. (a) Development and Submission of Strategy.-- (1) Development.--The Secretary, under the direction of the President, and in collaboration with the Assistant to the President for Homeland Security and the Homeland Security Council, shall develop the National Strategy for Homeland Security for the detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. (2) Submission to congress.-- (A) Initial submission.--Not later than December 1, 2005, and not later than December 1st of each year in which a President is inaugurated, the Secretary shall submit the Strategy to Congress. (B) Biennial update.--Not later than 2 years after each submission of the Strategy under subparagraph (A), the Secretary shall submit to Congress an updated version of the Strategy. (C) Progress reports.--Each year, in conjunction with the President's budget request, the Secretary shall provide an assessment of progress on implementing the Strategy, including the adequacy of resources to meet the objectives of the Strategy, and recommendations to improve and implement the Strategy. (3) Classified material.--Any part of the Strategy that involves information that is properly classified under criteria established by Executive Order shall be submitted to Congress separately in classified form. (b) Coordination With the Assistant to the President for Homeland Security.--The Secretary shall seek the assistance of the Assistant to the President for Homeland Security and the Homeland Security Council to-- (1) coordinate the input of Federal departments and agencies outside the Department of Homeland Security, which have homeland security responsibilities; and (2) work with the Secretary on all aspects of the Strategy. (c) Contents.-- (1) In general.--The Strategy shall include-- (A) a comprehensive statement of purpose, mission, and scope; (B) threat, vulnerability, and risk assessment and analysis, including an analysis of the threats and vulnerabilities regarding critical infrastructure, assets, and operations and a description of the role of the Homeland Security Institute in conducting such risk assessments; (C) a statement of desired end-states, including a hierarchy of strategic goals and subordinate objectives, as well as specific activities for achieving results and specific priorities, milestones, and performance measures to monitor progress toward goals; (D) an assessment of necessary resources and investments to achieve strategic goals, including the types of necessary resources involved and resource allocation mechanisms; (E) a delineation of organizational roles and responsibilities across the many entities involved in homeland security efforts, including-- (i) the proper roles and responsibilities of State, local, private, and international sectors, and a designation of coordinating mechanisms; and (ii) other specific measures to enhance cooperative efforts between the Federal government and the sectors described in clause (i); and (F) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats, including how these strategies will be integrated, and details on subordinate strategies within the Department of Homeland Security regarding specific aspects of homeland security. (2) Additional contents.--In addition to the items listed in paragraph (1), the Strategy shall include-- (A) policies and procedures to maximize the collection, translation, analysis, exploitation, and dissemination of information relating to combating terrorism and the homeland security response throughout the Federal government, and with State and local authorities, and, as appropriate, the private sector; (B) plans for countering chemical, biological, radiological, nuclear and explosive, and cyber threats; (C) plans for the coordination with, and integration of, the capabilities and assets of the United States military into all aspects of the Strategy, as appropriate; (D) plans for improving the resources of, coordination among, and effectiveness of, health and medical sectors for preventing, detecting, and responding to terrorist attacks on the homeland; (E) measures needed to enhance transportation security with respect to potential terrorist attacks, including aviation and non-aviation modes of transportation; (F) measures, based on the risk assessments under paragraph (1)(B), to identify and prioritize the need for protective and support measures for critical infrastructure and plans to secure these key assets; (G) an assessment of the Nation's ability to prevent, respond to, and recover from threatened and actual domestic terrorist attacks, and measures to enhance such preparedness across all levels of government and the private sector; (H) measures to secure the Nation's borders from terrorist threats, including agroterror, while continuing to facilitate the flow of legitimate goods and visitors; (I) plans for identifying, prioritizing, and meeting research and development objectives to support homeland security needs; and (J) plans for addressing other critical homeland security needs. (d) Cooperation.--At the request of the Secretary or the Assistant to the President for Homeland Security, Federal agencies shall provide necessary information or planning documents relating to the Strategy. SEC. 4. NATIONAL HOMELAND SECURITY COMMISSION. (a) Establishment.--The Secretary shall establish a nonpartisan, independent commission to be known as the Homeland Security Commission. (b) Membership.-- (1) Composition.--The Commission shall be composed of 9 members, including a chair, who shall be appointed by the Secretary, in consultation with the chairman and ranking member of-- (A) the Committee on Governmental Affairs of the Senate; and (B) the Select Committee on Homeland Security of the House of Representatives. (2) Qualifications.--Members of the Commission appointed under paragraph (1)-- (A) shall be recognized experts in matters relating to the homeland security of the United States; and (B) shall not be officers or employees of the Federal Government. (3) Period of appointment.--Each member of the Commission shall be appointed to the Commission for an 18-month term, which shall begin on December 1, 2005. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. A quorum is required to approve any report issued by the Commission, but a minority of members may submit an appendix to be included in such report. (c) Duties.--The Commission shall conduct an independent, alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including, to the extent practicable, an estimate of the funding required each fiscal year to support such policies and programs. (d) Compensation.--Each member of the Commission 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 the member is engaged in the performance of the duties of the Commission. (e) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Staff.-- (1) In general.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director (subject to Commission confirmation) and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and all employees of the Commission shall be employees under section 2015 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of commission.--Subparagraph (A) shall not apply to members of the Commission. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (g) Administrative Provisions.-- (1) Use of mail and printing.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Support services.--The Secretary shall furnish the Commission any administrative and support services requested by the Commission. (3) Gifts.--The Commission may accept and dispose of gifts or donations of services or property. (h) Payment of Commission Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Commission shall be paid out of funds available to the Department for the payment of compensation, travel allowances and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Commission shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Report.--Not later than December 1, 2006, the Commission shall submit, to the committees referred to under subsection (b)(1), a report that-- (1) describes the activities, findings, and recommendations of the Commission; and (2) provides recommendations for legislation that the Commission considers appropriate.

National Strategy for Homeland Security Act of 2004 - Directs the Secretary of Homeland Security, under the direction of the President, to develop a National Strategy for Homeland Security for detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. Requires the Secretary to: (1) submit the Strategy to Congress by December 1st of each year in which a President is inaugurated and to submit an updated version two years thereafter; and (2) provide, in conjunction with the President's budget request, an annual assessment of progress on implementing the Strategy. Sets forth contents of the Strategy, including: (1) threat, vulnerability, and risk assessment and analysis; (2) a statement of desired end-states; (3) an assessment of necessary resources and investments; (4) a delineation of organizational roles and responsibilities across the many entities involved; and (5) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats. Directs the Secretary to establish a nonpartisan, independent Homeland Security Commission to conduct an alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including an estimate of the funding required.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act''. SEC. 2. INTERNET NEUTRALITY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. INTERNET NEUTRALITY. ``(a) Duty of Broadband Service Providers.--With respect to any broadband service offered to the public, each broadband service provider shall-- ``(1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use a broadband service to access, use, send, post, receive, or offer any lawful content, application, or service made available via the Internet; ``(2) not prevent or obstruct a user from attaching or using any device to the network of such broadband service provider, only if such device does not physically damage or substantially degrade the use of such network by other subscribers; ``(3) provide and make available to each user information about such user's access to the Internet, and the speed, nature, and limitations of such user's broadband service; ``(4) enable any content, application, or service made available via the Internet to be offered, provided, or posted on a basis that-- ``(A) is reasonable and nondiscriminatory, including with respect to quality of service, access, speed, and bandwidth; ``(B) is at least equivalent to the access, speed, quality of service, and bandwidth that such broadband service provider offers to affiliated content, applications, or services made available via the public Internet into the network of such broadband service provider; and ``(C) does not impose a charge on the basis of the type of content, applications, or services made available via the Internet into the network of such broadband service provider; ``(5) only prioritize content, applications, or services accessed by a user that is made available via the Internet within the network of such broadband service provider based on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization; and ``(6) not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section. ``(b) Certain Management and Business-Related Practices.--Nothing in this section shall be construed to prohibit a broadband service provider from engaging in any activity, provided that such activity is not inconsistent with the requirements of subsection (a), including-- ``(1) protecting the security of a user's computer on the network of such broadband service provider, or managing such network in a manner that does not distinguish based on the source or ownership of content, application, or service; ``(2) offering directly to each user broadband service that does not distinguish based on the source or ownership of content, application, or service, at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user's connection; ``(3) offering consumer protection services (including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities), if each user is provided clear and accurate advance notice of the ability of such user to refuse or disable individually provided consumer protection capabilities; ``(4) handling breaches of the terms of service offered by such broadband service provider by a subscriber, provided that such terms of service are not inconsistent with the requirements of subsection (a); or ``(5) where otherwise required by law, to prevent any violation of Federal or State law. ``(c) Exception.--Nothing in this section shall apply to any service regulated under title VI, regardless of the physical transmission facilities used to provide or transmit such service. ``(d) Stand-Alone Broadband Service.--A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service offered by such broadband service provider, to purchase any cable service, telecommunications service, or IP-enabled voice service. ``(e) Implementation.--Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act, the Commission shall prescribe rules to implement this section that-- ``(1) permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; and ``(2) establish enforcement and expedited adjudicatory review procedures consistent with the objectives of this section, including the resolution of any complaint described in paragraph (1) not later than 90 days after such complaint was filed, except for good cause shown. ``(f) Enforcement.-- ``(1) In general.--The Commission shall enforce compliance with this section under title V, except that-- ``(A) no forfeiture liability shall be determined under section 503(b) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4); and ``(B) the provisions of section 503(b)(5) shall not apply. ``(2) Special orders.--In addition to any other remedy provided under this Act, the Commission may issue any appropriate order, including an order directing a broadband service provider-- ``(A) to pay damages to a complaining party for a violation of this section or the regulations hereunder; or ``(B) to enforce the provisions of this section. ``(g) Definitions.--In this section, the following definitions shall apply: ``(1) Affiliated.--The term `affiliated' includes-- ``(A) a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person; or ``(B) a person that has a contract or other arrangement with a content, applications, or service provider relating to access to or distribution of such content, applications, or service. ``(2) Broadband service.--The term `broadband service' means a 2-way transmission that-- ``(A) connects to the Internet regardless of the physical transmission facilities used; and ``(B) transmits information at an average rate of at least 200 kilobits per second in at least 1 direction. ``(3) Broadband service provider.--The term `broadband service provider' means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, whether provided for a fee or for free. ``(4) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that service can originate traffic to, and terminate traffic from, the public switched telephone network ``(5) User.--The term `user' means any residential or business subscriber who, by way of a broadband service, takes and utilizes Internet services, whether provided for a fee, in exchange for an explicit benefit, or for free.''. SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES. Not later than 270 days after the date of enactment of this Act, and annually thereafter, the Federal Communications Commission shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the-- (1) ability of providers of content, applications, or services to transmit and send such information into and over broadband networks; (2) ability of competing providers of transmission capability to transmit and send such information into and over broadband networks; (3) price, terms, and conditions for transmitting and sending such information into and over broadband networks; (4) number of entities that transmit and send information into and over broadband networks; and (5) state of competition among those entities that transmit and send information into and over broadband networks.

Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls. Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service. Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services.

SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA, IDAHO. (a) Definitions.--In this section: (1) Conservation area.--The term ``Conservation Area'' means the Morley Nelson Snake River Birds of Prey National Conservation Area. (2) Gateway west.--The term ``Gateway West'' means the high-voltage transmission line project in Idaho and Wyoming jointly proposed by the entities Idaho Power Company, incorporated in the State of Idaho, and Rocky Mountain Power, a division of PacifiCorp, an Oregon Corporation. (3) Map.--The term ``map'' means the map titled ``Proposed Snake River Birds of Prey NCA Boundary Adjustment'' and dated October 13, 2016. (4) Sage-grouse species.--The term ``sage-grouse species'' means the greater sage-grouse (Centrocercus urophasianus) (including all distinct population segments). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Areas To Be Added to and Removed From Morley Nelson Snake River Birds of Prey National Conservation Area.--The boundary of the Conservation Area is hereby modified-- (1) to include-- (A) the approximately 4726 acres of land generally depicted as ``BLM Administered Lands'' on the map, to the extent such lands are part of the Lower Saylor Creek Allotment those lands would continue to be managed by the BLM Jarbidge Field Office until terms of the No. CV-04-181-S-BLW Stipulated Settlement Agreement are fully met, after which the lands would be managed by the Morley Nelson Snake River Birds of Prey National Conservation Area office; and (B) the approximately 86 acres of land generally depicted as ``BOR Administered Lands'' on the map; and (2) to exclude-- (A) the approximately 761 acres land generally depicted as ``Segment 8 Revised Proposed Route'' on the map, including 125 feet on either side of the center line of the Gateway West Transmission line, the Gateway West Transmission Line shall be sited so that the center line of Segment 8 is no more than 500 feet from the center line of the existing Summer Lake Transmission Line as described in the Summer Lake Transmission Line Right of Way Grant per FLPMA, IDI- 008875; and (B) the approximately 1,845 acres land generally depicted as ``Segment 9 Revised Proposed Route'' on the map including 125 feet on either side of the center line of the Gateway West Transmission line. (c) Right-of-Way and Conditions.-- (1) Right-of-way.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this section, the Secretary shall issue to Gateway West a right-of-way for the lands described in subsection (b)(2) to be used for the construction and maintenance of transmission lines, including access roads and activities related to fire prevention and suppression. The right-of-way issued under this paragraph shall contain the conditions described in subsection (c)(2), and be in alignment with the revised proposed routes for segments 8 and 9 identified as Alternative 1 in the Supplementary Final Environmental Impact Analysis released October 5, 2016. (2) Conditions.--The conditions that the Secretary shall include in the right-of-way described in paragraph (1) shall be in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765) and are as follows: (A) Mitigation.--During the time of construction of each respective line segment, Gateway West shall mitigate for the impacts related to the transmission lines in accordance with the Compensatory Mitigation and Enhancement framework described in the final Supplemental Environmental Impact Statement with the stipulation that Compensatory Mitigation and Enhancement costs shall not exceed $8,543,440. (B) Conservation.--Gateway West shall contribute $2,000 per acre of right-of-way in the Conservation Area during the time of construction of Segment 8 Revised Proposed Route (comprising 761 acres) and during the construction of Segment 9 Revised Proposed Route (comprising 1,845 acres) to the Bureau of Land Management Foundation that shall be used for the purpose of conservation, including enhancing National Landscape Conservation System Units in Idaho, also known as National Conservation Lands. (C) Costs.--Gateway West shall pay all costs associated with the boundary modification, including the costs of any surveys, recording costs, and other reasonable costs. (D) Other.--Standard terms and conditions in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765). (d) Administration.--The Secretary shall-- (1) administer the lands described in subsection (b)(1) as part of the Conservation Area in accordance with Public Law 103-64 and as part of the National Landscape Conservation System; and (2) continue to administer lands described in subsection (b)(2), but as lands that are not included in a Conservation Area or subject to Public Law 103-64. (e) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the approximately 86 acres of land depicted as ``BOR Administered Lands'' on the map is hereby transferred from the Bureau of Reclamation to the Bureau of Land Management. (f) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (g) Management Plan Amendment.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall amend the management plan for the Conservation Area to address the long-term management of the lands described in subsection (b)(1) in order to-- (1) determine appropriate management activities and uses of the lands described in subsection (b)(1) consistent with Public Law 103-64 and this section; (2) continue managing the grazing of livestock on the lands described in subsection (b)(1) in which grazing is established as of the date of the enactment of this section such that the grazing shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; (3) allow motorized access on roads existing on the lands described in subsection (b)(1) on the date of the enactment of this section, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; and (4) allow hunting and fishing on the lands described in subsection (b)(1) consistent with applicable laws and regulations. SEC. 2. COTTEREL WIND POWER PROJECT. The approximately 203 acres of Federal land identified as ``Project Area'' on the map titled ``Cotterel Wind Power Project'' and dated March 1, 2006, may not be used for the production of electricity from wind. SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION. The Secretary of the Interior shall-- (1) establish a Bureau of Land Management Foundation as a charitable and nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986; and (2) grant to such Foundation the same authorities granted to the National Park Foundation for its activities to benefit the National Park Service under subchapter II of chapter 1011 of title 54, United States Code, for the purpose of providing opportunities for the Bureau of Land Management to address a variety of specific challenges that could be better addressed with the support of a foundation, including-- (A) reclamation of legacy wells, contaminated native lands, and abandoned mine land sites; (B) sustainable management of wild horses and burros; (C) expanded scientific understanding of responsible development techniques; (D) voluntary conservation activities; and (E) proper identification and cataloging of cultural and historical treasure on public lands.

This bill modifies the boundary of the Morley Nelson Snake River Birds of Prey National Conservation Area in Idaho to: (1) include specified Bureau of Land Management (BLM) administered land and certain Bureau of Reclamation administered land, and (2) exclude specified lands identified as the Segment 8 Revised Proposed Route and as the Segment 9 Revised Proposed Route. The Department of the Interior shall issue to Gateway West (a high-voltage transmission line project in Idaho and Wyoming) a right-of-way for such proposed routes, which is to be used for the construction and maintenance of transmission lines and for access roads and activities related to fire prevention and suppression, subject to construction mitigation and conservation requirements. Interior shall: (1) administer the BLM and Reclamation administered lands as part of the National Landscape Conservation System, and (2) continue to administer the proposed route lands as lands that are not included in the conservation area. The bill transfers from Reclamation to the BLM administrative jurisdiction over the Reclamation administered lands. Interior shall amend the management plan for the conservation area in order to address the long-term management of the BLM and Reclamation administered lands, including for livestock grazing, hunting, fishing, and motorized access. Specified federal land in the Cotterel Wind Power Project area may not be used for producing electricity from wind. Interior shall establish a Bureau of Land Management Foundation and grant it the same authorities granted to the National Park Foundation for National Park Service activities, for the purpose of providing opportunities for the BLM to address specific challenges that may be better addressed with the support of a foundation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Amendments of 1999''. SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM. (a) Repeal of Certain State Law Requirements.--Section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by striking paragraphs (3), (4), (5), (6), and (7) of subsection (a); and (2) by repealing subsection (c). (b) Establishment of Mandatory Triggers Based on Total Unemployment.-- (1) State `on' and `off' indicators.--Subsection (d) of section 203 of such Act is amended to read as follows: ``State `On' and `Off' Indicators ``(d) For purposes of this section-- ``(1) There is a State `on' indicator for a week if-- ``(A)(i) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent three months for which data for all States are published before the close of the week equals or exceeds 7.5 percent, and ``(ii) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average for either (or both) of the corresponding 3-month periods ending in the two preceding calendar years; or ``(B) the average rate of total unemployment for such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of the week equals or exceeds 10 percent. ``(2) There is a State `off' indicator for a week unless the requirements of subparagraph (A) or (B) of paragraph (1) are satisfied.''. (2) Determination of rates of total unemployment and insured unemployment.--Subsection (e) of section 203 of such Act is amended to read as follows: ``Determination of Rates of Total Unemployment and Insured Unemployment ``(e)(1) For purposes of this Act, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustments) shall be made by the Secretary. ``(2)(A) For purposes of subsection (f)(2), the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period. ``(B) For purposes of subsection (f)(2), the term `rate of insured unemployment' means the percentage arrived at by dividing-- ``(i) the average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the specified period, as determined on the basis of the reports made by the State agency to the Secretary, by ``(ii) the average monthly covered employment for the specified period. ``(C) Determinations under subsection (f)(2) shall be made by the State agency in accordance with regulations prescribed by the Secretary.''. (c) Requirements for Supplemental Benefits During High Unemployment Periods.-- (1) In general.--Subparagraph (B) of section 202(b)(3) of such Act is amended to read as follows: ``(B) For purposes of subparagraph (A), the term `high unemployment period' means any period during which an extended benefit period would be in effect if-- ``(i)(I) section 203(d)(1)(A)(i) were applied by substituting `10 percent' for `7.5 percent'; and ``(II) section 203(d)(1)(B) were applied by substituting `12.5 percent' for `10 percent'; and ``(ii) section 203(f)(1)(A)(i) were applied by substituting `8 percent' for `6.5 percent'.''. (2) Technical amendment.--Subsection (b) of section 202 of such Act is amended by moving the text of paragraph (3)(A) of such subsection 2 ems to the left. (d) Amendments to Alternative Trigger.--Section 203(f) of such Act is amended-- (1) in paragraph (1), by striking ``Effective with respect to compensation for weeks of employment beginning after March 6, 1993, the'' and inserting ``In lieu of applying the indicator specified in subsection (d)(1)(A), a''; (2) by amending paragraph (2) to read as follows: ``(2) A State may by law provide that, for the purpose of beginning or ending any extended period under this section, in addition to the indicators specified in subsection (d) and paragraph (1) of this subsection-- ``(A) there is a State `on' indicator for a week if the rate of insured unemployment under State law for the period consisting of such week and the immediately preceding twelve weeks equals or exceeds 6 percent; and ``(B) there is a State `off' indicator for a week if the requirement set forth in subparagraph (A) is not satisfied. Notwithstanding the provision of any State law described in this paragraph, any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator.''. SEC. 3. SPECIAL DISTRIBUTIONS TO THE STATES. Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3)) is amended-- (1) in subparagraph (A) by amending clauses (i) and (ii) to read as follows: ``(i) be subject to subparagraphs (B) and (C), to the extent such amounts are not in excess of the sum of-- ``(I) $20,000,000, plus ``(II) the amount determined by the Secretary of Labor to be the difference between the amount necessary for the proper and efficient administration of the unemployment compensation program for the succeeding fiscal year (taking into account workload and other appropriate factors) and $2,419,000,000, and ``(ii) be subject to subparagraph (D), to the extent such amounts are in excess of the sum of subclauses (I) and (II) of clause (i).''; (2) in subparagraph (B) by striking ``(A)(i)'' and inserting ``(A)(i)(II)''; (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) The Secretary of Labor shall reserve the amount specified in subparagraph (A)(i)(I) (at the close of fiscal years 1999, 2000, and 2001) to award grants to the States in fiscal years 2000, 2001, and 2002 to assist in the implementation of alternative base periods for determining the eligibility of claimants. Such alternative base periods shall reduce the period of time between the end of the base period for a claimant and the filing of a claim for compensation. The amounts reserved pursuant to this subparagraph shall be available to the Secretary of Labor for obligation through fiscal year 2002.''. SEC. 4. SOLVENCY REQUIREMENTS. Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is amended by adding at the end the following new paragraph: ``(3)(A) If the Secretary of Labor finds that, as of December 31, 2001, a State has not achieved, or made acceptable progress toward achieving, the solvency target established pursuant to subparagraph (B), then, subject to the limitation described in subparagraph (C), the amount available under this section for transfer to such State account for the succeeding fiscal year shall, in lieu of being so transferred, be transferred to the States meeting the requirements of this subsection. The transfers shall be made to such States based on the share of funds of each such State under subsection (a)(2), except that, for purposes of this subparagraph, the ratio under subsection (a)(2) shall be adjusted by excluding the wages attributable to the States failing to meet the requirements of this subparagraph. ``(B)(i) For December 31, 2001, the solvency target shall be an average high cost multiple of 1.0. For purposes of this subparagraph, the average high cost multiple represents the number of years a State could pay unemployment compensation (based on the reserve ratio of such State) if the State paid such compensation at a rate equivalent to the average benefit cost rate such State paid in the three calendar years during the preceding 20 calendar years (or, if longer, during the period consisting of the preceding three recessions as determined by the National Bureau of Economic Research) that the benefit cost rates were the highest. For purposes of making this determination-- ``(I) the term `reserve ratio' means the ratio determined by dividing the balance in the State account at the end of the calendar year by the total covered wages in the State for such year; ``(II) the term `benefit cost rate' means the rate determined by dividing the unemployment compensation paid during a calendar year by the total covered wages in the State for such year; and ``(III) the ratio and rates determined under subclauses (I) and (II) shall exclude the wages and unemployment compensation paid by employers covered under section 3309 of the Internal Revenue Code of 1986. ``(ii) For December 31, 2001, acceptable progress towards achieving the solvency target shall mean that a State has reduced any difference between 1.0 and the average high cost multiple of such State (if such multiple is less than 1.0) that the Secretary found to exist as of December 31, 1998, by an amount equal to or exceeding 5 percent of such difference. ``(iii) The Secretary may adjust the solvency target specified in clause (i), or the criteria for determining whether there is acceptable progress towards achieving the solvency target specified in clause (ii), for States that experience significant increases in unemployment during the period between December 31, 1998, and December 31, 2001. The Secretary shall establish objective criteria for making such adjustments. ``(iv) A State shall include, as part of the annual State plan relating to the administration of grants under this title, such information as the Secretary may request relating to the manner in which the State intends to achieve the solvency target established pursuant to this paragraph. ``(C) The requirements of subparagraph (A) shall apply to excess (referred to in subsection (a)(1)) remaining in the employment security account at the close of fiscal year 2002 that are equal to or less than $2,900,000,000. Such requirements shall not apply to any such excess amounts that are greater than $2,900,000,000.''. SEC. 5. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) General Rule.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: ``(u) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not required to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency may require an employer to continue to provide health benefits, and retirement benefits under a defined benefit pension plan (as defined in section 414(j)) to any employee whose workweek is reduced pursuant to the program as though the workweek of such employee had not been reduced; ``(8) the State agency may require an employer (or an employers' association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; and ``(9) the program meets such other requirements as the Secretary of Labor determines are appropriate.''. (b) Conforming Amendments.-- (1) Subparagraph (E) of section 3304(a)(4) of such Code (26 U.S.C. 3304(a)(4)(E)) is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(u));''. (2) Paragraph (5) of section 3306(f) of such Code (26 U.S.C. 3306(f)(5)) is amended to read as follows: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined under subsection (u)); and''. (3) Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(u) of the Internal Revenue Code of 1986)''. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enactment of this Act. (b) Extended Benefit Amendments.-- (1) Except as provided in paragraph (2), the provisions of section 2 of this Act shall take effect for the weeks beginning on or after October 1, 2002. (2) Pursuant to the enactment of appropriate provisions of the State law, the provisions of section 2 may, with respect to such State, take effect for weeks which begin earlier than the weeks specified in paragraph (1), but not earlier than 60 days after the date of enactment of this Act.

Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``PTSD/TBI Guaranteed Review For Heroes Act''. SEC. 2. SPECIAL REVIEW BOARD. (a) In General.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section: ``Sec. 1553a. Special review board for former members with post- traumatic stress disorder or traumatic brain injury ``(a) Establishment.--(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of a covered individual. The board shall be known as the `special review board'. ``(2) The special review board shall consist of not fewer than five members, at least one of whom shall be a health care professional from a field of medicine relevant to the matter being reviewed. ``(b) Review.--(1) Upon the request of a covered individual, Member of Congress, or the surviving spouse, next of kin, or legal representative of a covered individual, the special review board may review the discharge or dismissal of the individual. A request for review shall be made not later than 15 years after the discharge or dismissal. ``(2) The review by the special review board under paragraph (1) shall be based on-- ``(A) the records of the Armed Force concerned, including an evaluation of the actions of the covered individual before and after a deployment in support of a contingency operation; ``(B) the treatment or lack of treatment received by the covered individual for post-traumatic stress disorder or traumatic brain injury; and ``(C) such other evidence as may be presented to the board. ``(3) A covered individual who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. ``(4) If the special review board reviews the discharge or dismissal of a covered individual, a service review agency may not review such discharge or dismissal. ``(5) If a Member of Congress requests the review of a covered individual under paragraph (1) and the special review board denies such request or does not change the discharge or dismissal of such individual under subsection (c), the special review board shall notify such Member of Congress of the decision and the rationale for such decision. ``(c) Actions.--As the result of a review of a covered individual under subsection (b), the special review board may change the discharge or dismissal of the individual to honorable. ``(d) Correction of Records.--The Secretary concerned shall correct the military records of a covered individual in accordance with a change made by the special review board under subsection (c). ``(e) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. ``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. ``(f) Definitions.--In this section: ``(1) The term `covered individual' means a former member of the Armed Forces who-- ``(A) was deployed in support of a contingency operation; ``(B) was discharged or dismissed from the Armed Forces under a general or other than honorable condition; and ``(C) has been diagnosed by a health care professional with post-traumatic stress disorder or a traumatic brain injury. ``(2) The term `health care professional' means a physician, clinical psychologist, or psychiatrist. ``(3) The term `Member of Congress' has the meaning given that term in section 1130(d)(1) of this title. ``(4) The term `service review agency' has the meaning given that term in section 1559(c) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by inserting after the item relating to section 1553 the following new item: ``1553a. Special review board for members with post-traumatic stress disorder or traumatic brain injury.''. SEC. 3. EXAMINATION AND EVALUATION OF MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. (a) Referral to Physical Evaluation Board; Limits on Separation.-- Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) If a physician, clinical psychologist, psychiatrist, or other appropriate health care professional determines in an examination under this paragraph that a member who was deployed in support of a contingency operation has (or may have) post-traumatic stress disorder or a traumatic brain injury, the Secretary concerned-- ``(1) shall refer the member for evaluation by a physical evaluation board under section 1222 of this title; and ``(2) may not separate the member from an Armed Force until the Secretary considers the results of the evaluation as provided in subsection (d) of such section.''. (b) Evaluation by Physical Evaluation Board.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Evaluation for Post-Traumatic Stress Disorder or Traumatic Brain Injury.--With respect to a member who is referred under section 1145(a)(4)(C) of this title to a physical evaluation board for evaluation-- ``(1) if the board determines that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of post-traumatic stress disorder or traumatic brain injury, the Secretary concerned shall retire or separate the member pursuant to this chapter; and ``(2) if the board determines that the member is fit to perform the duties of the member's office, grade, rank, or rating, the Secretary concerned shall take into account the findings of the board in the course of any separation of the member from an Armed Force.''.

PTSD/TBI Guaranteed Review for Heroes Act - Directs the Secretary of Defense to establish a special review board to review the discharge or dismissal (other than one by a sentence of a general court-martial) of a member of the Armed Forces who: (1) was deployed in support of a contingency operation; (2) was discharged or dismissed under a general or other than honorable condition; and (3) has been diagnosed by a health care professional with post-traumatic stress disorder (PTSD) or a traumatic brain injury (TBI). Authorizes the board to undertake a review upon the request of the individual, their surviving spouse, next of kin, or legal representative, or a Member of Congress. Requires a review request to be made within 15 years of a discharge or dismissal. Authorizes the board, after a review, to change the discharge or dismissal of the individual to honorable. Requires the Secretary of the military department concerned to correct the military records of the individual in accordance with such change. Requires, if an appropriate health care official determines in an examination that a member who was deployed in support of a contingency operation has (or may have) PTSD or a TBI, the Secretary concerned to: (1) refer the member for an evaluation by a physical evaluation board; and (2) not separate the member until after considering the results of the evaluation.

SECTION 1. (a) The Alaska National Interest Lands Conservation Act (Public Law 96-487, 94 Stat. 2371) is amended as follows: Section 101 is amended by the addition of a new subsection (e) as follows: ``(e) In order to comply with this Act all Federal public land managers in Alaska, or a region that includes Alaska, shall participate in an ANILCA training class as outlined in this legislation to be completed within 120 days after enactment. All future appointed Federal public land managers in Alaska, or a region containing Alaska, are required to complete the aforementioned ANILCA training within 60 days of appointments.''. (b) Section 103(c) is amended by inserting ``validly selected or'' in the second sentence before the word ``conveyed''. (c) Section 202(1) is amended by adding the following at the end thereof: ``Subsistence uses by local residents shall be permitted in the park where such uses are traditional in accordance with the provisions of title VIII.''. (d) Section 302(1)(B) is amended by adding the following new subparagraph (v) at the end thereof: ``(v) to provide opportunities for fish and wildlife dependent recreation, including fishing and hunting.''. (e) Section 303(1)(B) is amended by adding the following new subparagraph (vi) at the end thereof: ``(vi) to provide opportunities for fish and wildlife dependent recreation, including fishing and hunting.''. (f) In section 1102 add a new subsection (5) at the end thereof: ``(5) The term `compatible with the uses for which the unit was established' means activities which would not cause significant adverse impacts on conservation system units purposes.''. (g) Section 1105 is amended by designating the existing language as subsection (a) and inserting a new subsection (b) as follows: ``(b) Any alternative route that may be identified by the head of the Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant.''. (h) Section 1109 is amended by deleting ``access.'' and inserting in lieu thereof adding ``access, including rights-of-way established under Revised Statute 2477.''. (i) Section 1110(a) is amended by adding ``specifically and tangibly'' in the second sentence before the word ``detrimental''. (j) The second sentence in section 1110(a) is amended by striking ``area'' and inserting in lieu thereof: ``area: Provided, That reasonable regulations shall not include any requirements for the demonstration of pre-existing use, and: Provide further, That the Secretary shall limit any prohibitions to the smallest area practicable, to the smallest period of time, or both. No prohibition shall occur prior to formal consultation with the State of Alaska.''. (k) The last sentence of section 1110(b) is amended by inserting ``may include easements, rights-of-way, or other interests in land or permits and'' immediately after ``such rights''. (l) In the last sentence of section 1110(b), strike ``lands.'' and inserting in lieu thereof the following: ``lands: Provided, That the Secretary shall not impose any unreasonable fees or charges on those seeking to secure their rights under this subsection. Individuals or entities possessiong rights under this subsection shall not be subject to the requirement of sections 1104, 1105, 1106, and 1107 herein.''. (m) Section 1301(d) is amended by striking ``permit'' in the final sentence and inserting in lieu thereof ``shall enable''. (n) Section 1303(a)(1)(D) is amended by striking ``located.'' and inserting in lieu thereof the following: ``located: Provided, That the applicant may not be required to waive, forfeit, or relinquish its possessory or personalty interests in a cabin or structure.''. (o) Section 1303(a)(2)(D) is amended by striking ``located.'' and inserting in lieu thereof the following: ``located: Provided, That the applicant may not be required to waive, forfeit, or relinquish its possessory or personalty interests in a cabin or structure.''. (p) Section 1303(b)(3)(D) is amended by striking ``located.'' and inserting in lieu thereof the following: ``located: Provided, That the applicant may not be required to waive, forfeit, or relinquish its possessory or personalty interests in a cabin or structure.''. (q) Section 1303 is amended by adding a new subsection (e) as follows: ``(e) All permits, permit renewals, or renewal or continuation of valid leases issued pursuant to this section shall provide for repair, maintenance, and replacement activities and may authorize alterations to cabins and similar structures that do not constitute a significant impairment of unit purposes.''. (r) Section 1307 is amended by adding a new sentence at the end as follows: ``Inability to provide the service for up to a five year period shall not constitute a relinquishment of a right under this section.''. (s) Section 1313 is amended at the end of the first sentence by striking ``regulation.'' and inserting the following: ``regulation: Provided, That a purpose of all preserves units is to provide for fish and wildlife dependent recreation including fishing and hunting.''. (t) Section 1314(c) is amended by striking ``law.'' at the end of the first sentence and inserting the following: ``law: Provided, That the taking of fish and wildlife for sport purposes shall be permitted on each unit of the Refuge system in Alaska, and: Provided further, That the Secretary may designate zones where and periods when no hunting, fishing, and trapping may be permitted for reasons of public safety, administration, floral and faunal protection, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having responsibility over hunting, fishing, and trapping.''. (u) Section 1315 is amended by adding a new subparagraph ``(g) as follows: ``(g) Within National Forest Wilderness Areas and National Forest Monument Areas as designated in this Act, the Secretary of Agriculture may permit or otherwise regulate helicopter use and landings.''. (v) Section 1316(a) is amended in the first sentence be deleting ``equipment'' and inserting in lieu thereof: ``equipment, including motorized and mechanical equipment,''. (w) Section 1316(a) is amended in the second sentence by striking ``consistent with the protection'' and inserting in lieu thereof ``not inconsistent with the conservation''. (x) Section 1316(a) is amended by striking ``permittee.'' in the last sentence and inserting in lieu thereof the following: ``permittee: Provided, That structures and facilities may be allowed to stand from season to season.''. (y) Section 1316(b) is amended by inserting ``significantly'' before the word ``detrimental''. (z) Section 1317(c) is amended by deleting ``section.'' and inserting in lieu thereof: ``section: Provided, That the Secretary shall not establish management directives, guidelines, policies or prescriptions for the purpose of administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.''. (aa) Section 1319 is amended by designating the existing text as subsection ``(a)'' and adding the following subsection (b): ``(b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the State of Alaska except as expressly provided herein.''. (bb) The first sentence of section 1326(a) is amended be striking ``withdraws'' in the first sentence and inserting in lieu thereof: ``withdraws, redesignates or reclassifies into a more restrictive land management category''.

Amends the Alaska National Interest Lands Conservation Act to add a new congressional statement of purpose which requires all Federal public land managers in Alaska to participate in an ANILCA training class. Defines, for purposes of title XI (Transportation and Utility Systems In and Across, and Access Into, Conservation System Units) of such Act, "compatible with the uses for which the unit was established" to mean activities which would not cause significant adverse impacts on conservation system unit purposes. Requires, under such title, that any alternative transportation or utility system route that may be identified by the head of a Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant. Revises provisions concerning, among other things: (1) right of access to State or private owners or occupiers; (2) the use of snowmobiles, airplanes, and nonmotorized surface transportation for traditional activities; (3) possessory or personalty interests in, as well as alterations to, cabins located on conservation system units; (4) the taking of fish and wildlife; and (5) helicopter landings. Prohibits the Secretary of the Interior from establishing policies for the purpose of administering any study area to preserve wilderness values prior to action by the Congress. Prohibits anything in ANILCA from being construed as limiting or restricting the power and authority of the State of Alaska, except as expressly provided.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act'' or the ``SAFE TECH Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Transportation Security Administration. SEC. 3. THIRD PARTY TESTING OF SECURITY SCREENING TECHNOLOGY. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, shall develop a program to enable a vendor of transportation security screening technology to obtain testing, including as an alternative to the Administration's testing process under paragraph (9) of section 114(f) of title 49, United States Code, by an appropriate third party, as determined by the Administrator, in consultation with the Under Secretary, of such technology before procurement or development of such technology. (b) Detection Testing.-- (1) In general.--The third party testing program authorized under subsection (a) shall include detection testing to evaluate the performance of a security screening technology relating to the probability of detection, the probability of false alarm, and other indicators that such technology is able to meet the Administration's mission needs for detection of-- (A) explosives; and (B) prohibited items. (2) Coordination with final processes.--To the extent practicable, and without compromising the integrity of the Administration's testing process under paragraph (9) of section 114(f) of title 49, United States Code, or the Department of Homeland Security's oversight of such testing process, or increasing costs to the Administration, the Administrator shall coordinate the third party detection testing under paragraph (1) with any associated subsequent final Department of Homeland Security testing. (3) International partnerships.--To the extent practicable and permissible under law, and in accordance with national security interests of the United States, the Administrator shall-- (A) share with appropriate international partners detection testing information and standards; and (B) coordinate with such appropriate international partners to align such testing information and standards to maximize the capability to detect explosives and other threats. (c) Alternative Testing Factors.--Third party testing under subsection (a) may include as an alternative, at the discretion of the Administrator, the testing at the TSA Systems Integration Facility of the Administration, including testing for-- (1) health and safety factors; (2) operator interface; (3) human factors; (4) environmental factors; (5) throughput; (6) reliability, maintainability, and availability factors; and (7) interoperability. (d) Testing Framework.--The Administrator, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, shall-- (1) establish a framework for the third party testing under this section to determine if the security screening technology that is the subject of such testing satisfies the Administration's requirements before such technology may enter or re-enter, as applicable, operational testing at an airport or other transportation facility; and (2) use phased implementation to allow the Administration and the third party concerned to establish best practices. (e) Prioritization of Third Party Testing.--The Administrator may prioritize, when appropriate, the field testing of security screening technology and equipment by third parties. (f) Eligible Entities.-- (1) United states ownership.--An entity providing third party testing under the program developed pursuant to subsection (a) shall be owned and controlled by a citizen of the United States. (2) Waiver.--The Administrator may waive the requirement specified in paragraph (1) with respect to an entity that is a United States subsidiary of a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to seeking to engage in third party testing. The Administrator has complete discretion to reject any proposal from a company to provide testing under subsection (a) that requires a waiver under this paragraph. (3) Conflicts of interest.--The Administrator shall ensure, to the extent possible, that an entity providing third party testing under this section does not have a contractual, business, or other pecuniary interest (exclusive of any such testing) in-- (A) the security screening technology subject to such testing; or the (B) vendor of such technology. SEC. 4. RECIPROCAL RECOGNITION OF SECURITY STANDARDS. (a) In General.--The Administrator, in coordination with the European Civil Aviation Conference, shall continue development of a validation process for the reciprocal recognition of security validation processes for recognition of security screening technologies or certification authorities for deployment. (b) Requirement.--The validation process under subsection (a) shall ensure that the certification process of each participating international security partner or recognized certification authority complies with Administration standards. SEC. 5. GAO REVIEW. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study on the third party testing program developed under this Act. Such study shall include a review of the following: (1) Any efficiencies or gains in effectiveness achieved in the Administration's operations as a result of such program. (2) The degree to which the Administration conducts timely and regular oversight of entities engaged in such testing. (3) The effect of such program on the following: (A) The introduction of innovative detection technologies into security screening operations. (B) The availability of testing for technologies developed by small to medium sized businesses. (C) Any vulnerabilities associated with such program including with respect to the following: (i) National security. (ii) Conflicts of interest between entities carrying out such testing and entities with such technologies to be tested. (iii) Waste, fraud, and abuse. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.

Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act or the SAFE TECH Act (Sec. 3) This bill directs the Transportation Security Administration (TSA) to develop a program allowing a vendor to obtain performance testing of transportation security screening technology through a third party as an alternative to the TSA's regular testing process. (Sec. 4) The TSA must develop a process for reciprocal recognition of security standards in coordination with the European Civil Aviation Conference. (Sec. 5) The Government Accountability Office must report on the third-party testing program established by this bill.

SECTION 1. SUPPLY OF VACCINES. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Adequate Vaccine Supply ``SEC. 2141. SUPPLY OF VACCINES. ``(a) In General.-- ``(1) Plan.--Not later than 6 months after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop a plan for the purchase, storage, and rotation of a supply of vaccines sufficient to provide routinely recommended vaccinations for a 6-month period for-- ``(A) a national stockpile of vaccines for all children as authorized under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) adults. ``(2) Supply.--The supply of vaccines under paragraph (1) shall-- ``(A) include all vaccines routinely recommended for children by the Advisory Committee on Immunization Practices; and ``(B) include all vaccines routinely recommended for adults by the Advisory Committee on Immunization Practices. ``(3) Supply authority.--The Secretary shall carry out-- ``(A) paragraph (2)(A) using the authority provided for under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) paragraph (2)(B) using-- ``(i) the authority provided for under section 317; and ``(ii) any other authority relating to the vaccines described in such paragraph. ``(b) Submission of Plan.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit the plan developed under subsection (a) to-- ``(A) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(B) the Committee on Finance of the Senate; and ``(C) the Committee on Energy and Commerce of the House of Representatives. ``(2) Inclusions.--The plan shall include a discussion of the considerations that formed-- ``(A) the basis for the plan; and ``(B) the prioritization of the schedule for purchasing vaccines set forth in the plan. ``(c) Implementation of the Plan.--Not later than September 30, 2006, the Secretary shall fully implement the plan developed under subsection (a). ``(d) Notice.-- ``(1) In general.--For the purposes of maintaining and administering the supply of vaccines described under subsection (a), the Secretary shall require by contract that the manufacturer of a vaccine included in such supply provide not less than 1 year notice to the Secretary of a discontinuance of the manufacture of the vaccine, or of other factors, that may prevent the manufacturer from providing vaccines pursuant to an arrangement made to carry out this section. ``(2) Reduction of period of notice.--The notification period required under paragraph (1) may be reduced if the manufacturer certifies to the Secretary that good cause exists for reduction, under the conditions described in section 506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c). ``(e) Proceeds.--Any proceeds received by the Secretary from the sale of vaccines contained in the supply maintained pursuant to this section, shall be available to the Secretary for the purpose of purchasing additional vaccines for the supply. Such proceeds shall remain available until expended. ``(f) Ongoing Reports.-- ``(1) In general.--Not later than 2 years after submitting the plan pursuant to subsection (b), and periodically thereafter, the Secretary shall submit a report to the Committees identified in subsection (b)(1) that-- ``(A) details the progress made in implementing the plan developed under subsection (a); and ``(B) notes impediments, if any, to implementing the plan developed under subsection (a). ``(2) Recommendation.--The Secretary shall include in the first of such reports required under paragraph (1)-- ``(A) a recommendation as to whether the vaccine supply should be extended beyond the 6-month period provided in subsection (a); and ``(B) a discussion of the considerations that formed the recommendation under subparagraph (A). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2004 through 2009.''.

Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to develop a plan for the purchase, storage, and rotation of vaccines and submit it to Congress. Declares that the supply of vaccines should be sufficient to provide for adults and children, for a six-month period, all vaccinations routinely recommended by the Advisory Committee on Immunization Practices. Directs the Secretary to require a manufacturer of a vaccine included in such supply to provide a one-year notice to the Secretary of a discontinuance of the manufacture of the vaccine or of other factors that may impede the supply of the vaccine. Permits a reduction of the period of notice for good cause. Authorizes appropriations through FY 2009.

TITLE I--NTSB AMENDMENTS SEC. 101. SHORT TITLE. This title may be cited as the ``National Transportation Safety Board Amendments of 1996''. SEC. 102. FOREIGN INVESTIGATIONS. Section 1114 of title 49, United States Code, is amended-- (1) by striking ``(b) and (c)'' in subsection (a) and inserting ``(b), (c), and (e)''; and (2) by adding at the end the following: ``(e) Foreign Investigations.-- ``(1) In general.--Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that-- ``(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and ``(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation. ``(2) Safety recommendations.--Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.''. SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION. Section 1114(b) of title 49, United States Code, is amended by adding at the end the following: ``(3) Protection of Voluntary Submission of Information.-- Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board's accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.''. SEC. 104. TRAINING. Section 1115 of title 49, United States Code, is amended by adding at the end the following: ``(d) Training of board employees and others.--The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the `National Transportation Safety Board, Salaries and Expenses' as offsetting collections.''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by inserting before the period at the end of the first sentence the following: ``, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.''. TITLE II--INTERMODAL TRANSPORTATION SEC. 201. SHORT TITLE. This title may be cited as the ``Intermodal Safe Container Transportation Amendments Act of 1996''. SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this title 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 title 49 of the United States Code. SEC. 203. DEFINITIONS. Section 5901 (relating to definitions) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) `gross cargo weight' means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.''. SEC. 204. NOTIFICATION AND CERTIFICATION. (a) Prior Notification.--Subsection (a) of section 5902 (relating to prior notification) is amended-- (1) by striking ``Before a person tenders to a first carrier for intermodal transportation a'' and inserting ``If the first carrier to which any''; (2) by striking ``10,000 pounds (including packing material and pallets), the person shall give the carrier a written'' and inserting ``29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a''; (3) by striking ``trailer.'' and inserting ``trailer before the tendering of the container or trailer.''; (4) by striking ``electronically.'' and inserting ``electronically or by telephone.''; and (5) by adding at the end thereof the following: ``This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.''. (b) Certification.--Subsection (b) of section 5902 (relating to certification) is amended to read as follows: ``(b) Certification.-- ``(1) In general.--A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. ``(2) Contents of certification.--The certification required by paragraph (1) shall include-- ``(A) the actual gross cargo weight; ``(B) a reasonable description of the contents of the container or trailer; ``(C) the identity of the certifying party; ``(D) the container or trailer number; and ``(E) the date of certification or transfer of data to another document, as provided for in paragraph (3). ``(3) Transfer of certification data.--A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. ``(4) Shipping documents.--For purposes of this chapter, a shipping document, prepared by the person who tenders a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). ``(5) Use of `freight all kinds' term.--The term `Freight All Kinds' or `FAK' may not be used for the purpose of certification under section 5902(b) after December 31, 2000, as a commodity description for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of the term after that date for rating purposes. ``(6) Separate document marking.--If a separate document is used to meet the requirements of paragraph (1), it shall be conspicuously marked `INTERMODAL CERTIFICATION'. ``(7) Applicability.--This subsection applies to any person, domestic or foreign, who first tenders a container or trailer subject to this chapter for intermodal transportation within the United States.''. (c) Forwarding Certifications.--Subsection (c) of section 5902 (relating to forwarding certifications to subsequent carriers) is amended-- (1) by striking ``transportation.'' and inserting ``transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.''; and (2) by adding at the end thereof the following: ``If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.''. (d) Liability.--Section 5902 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Liability to Owner or Beneficial Owner.--If-- ``(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier; ``(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and ``(3) that subsequent carrier exercises its rights to a lien under section 5905, then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.''. (e) Nonapplication.--Subsection (e) of section 5902, as redesignated, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by moving the text of paragraph (2), as so redesignated down 1 line and to the left, flush full measure and indenting such paragraph; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) The notification and certification requirements of subsections (a) and (b) of this section do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier-- ``(A) performs the highway portion of the intermodal movement; or ``(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.''. SEC. 205. PROHIBITIONS. Section 5903 (relating to prohibitions) is amended-- (1) by inserting after ``person'' in subsection (a) a comma and the following: ``To whom section 5902(b) applies,''; (2) by striking subsection (b) and inserting the following: ``(b) Transporting Prior to Receiving Certification.-- ``(1) Presumption.--If no certification is received by a motor carrier before or when a loaded intermodal container or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. ``(2) Copy of certification not required to accompany container or trailer.--Notwithstanding any other provision of this chapter to the contrary, a copy of the certification required by section 5902(b) is not required to accompany the intermodal container or trailer.''; (3) by striking ``10,000 pounds (including packing materials and pallets)'' in subsection (c)(1) and inserting ``29,000 pounds''; and (4) by adding at the end the following: ``(d) Notice to Leased Operators.-- ``(1) In general.--If a motor carrier knows that the gross cargo weight of an intermodal container or trailer subject to the certification requirements of section 5902(b) would result in a violation of applicable State gross vehicle weight laws, then-- ``(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor carrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b); ``(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer; ``(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and ``(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator. ``(2) Reimbursement.--If the operator of a leased vehicle transporting a container or trailer subject to this chapter is fined because of a violation of a State's gross vehicle weight laws or regulations and the lessee motor carrier cannot establish that it tendered to the operator the notice required by paragraph (1) of this subsection, then the operator shall be entitled to reimbursement from the motor carrier in the amount of any fine and court costs resulting from the failure of the motor carrier to tender the notice to the operator.''. SEC. 206. LIENS. Section 5905 (relating to liens) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) General.--If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required, because of a violation of a State's gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from-- ``(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title; ``(2) the failure of the party required to provide the certification to the first carrier to provide it; ``(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or ``(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c), then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.''; (2) by inserting a comma and ``or the owner or beneficial owner of the contents,'' after ``first carrier'' in subsection (b)(1); and (3) by striking ``cost, or interest.'' in subsection (b)(1) and inserting ``cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.''. SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES. Section 5906 (relating to perishable agricultural commodities) is amended by striking ``Sections 5904(a)(2) and 5905 of this title do'' and inserting ``Section 5905 of this title does''. SEC. 208. EFFECTIVE DATE. (a) In General.--Section 5907 (relating to regulations and effective date) is amended to read as follows: ``Sec. 5907. Effective date ``This chapter shall take effect 180 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996.''. (b) Clerical Amendment.--The table of sections for chapter 59 is amended by striking the item relating to section 5907 and inserting the following: ``5907. Effective date.''. SEC. 209. RELATIONSHIP TO OTHER LAWS. (a) In General.--Chapter 59 is amended by adding at the end thereof the following: ``Sec. 5908. Relationship to other laws ``Nothing in this chapter affects-- ``(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or ``(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end thereof the following: ``5908. Relationship to other laws.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: NTSB Amendments Title II: Intermodal Transportation Title I: NTSB Amendments - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing: (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances; or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. (Sec. 104) Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. (Sec. 105) Authorizes appropriations to the Board through FY 1999. Title II: Intermodal Transportation - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. (Sec. 204) Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. (Sec. 205) Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. (Sec. 206) Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

SECTION 1. BASIC PROGRAM REQUIREMENTS. (a) Program Description.--Paragraph (2) of section 1011 of the Elementary and Secondary Education Act is amended by inserting ``the training of teachers, librarians, counselors, and other instructional and pupil services personnel in gender-equitable education methods, techniques, and practices; the evaluation of the degree of gender equity in the programs and projects assisted under this chapter;'' after ``school year);''. (b) Innovative Projects.--Subsection (b) of section 1011 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (6), by striking ``and'' after the semicolon; (2) in paragraph 7, by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(8) training of parents, teachers, and other instructional pupil services personnel regarding the impact of gender-role socialization on the educational needs of eligible children and the use of gender-equitable educational practices.''. SEC. 2. SCHOOLWIDE PROJECTS. Subsection (b) of section 1015 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (D) and (E) as (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) describes the methods used to ensure gender- equitable instruction in programs supported under this part;''; and (2) in paragraph (4), by inserting ``including training in the impact of gender role socialization on learning and gender- equitable teaching practices'' after ``the plan''. SEC. 3. PARENTAL INVOLVEMENT. Paragraph (3) of section 1016(a) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, including training in the impact of gender-role socialization on learning and on gender- equitable teaching practices'' before the period. SEC. 4. PROGRAM IMPROVEMENT. Subsection (b) of section 1021 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) A local educational agency that demonstrates a substantial difference in the participation or achievement of students by sex shall include a description of planned efforts to implement gender equity training for chapter 1 personnel;''. SEC. 5. EVEN START USES OF FUNDS. Paragraph (4) of section 1054(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, including training on the impact of gender-role socialization on learning and gender- equitable education practices'' after ``programs''. SEC. 6. SECONDARY SCHOOL APPLICATIONS. Subsection (b) of section 1104 of the Elementary and Secondary Education Act is amended-- (1) by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively; and (2) by inserting after paragraph (9) the following: ``(10) describe the methods used to ensure gender-equitable instruction in the programs supported under this part;''. SEC. 7. AWARD OF GRANTS. Subsection (a) of section 1105 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4) by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(5) demonstrate the greatest degree of effort to promote gender equity and to incorporate gender-equitable instruction into the program.''. SEC. 8. LOCAL TARGETED ASSISTANCE PROGRAMS. Subsection (b) of section 1531 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following: ``(6) programs designed to promote gender equity in education by eliminating gender bias in instruction and educational materials, identifying and analyzing gender inequities in education, and implementing and evaluating educational policies and practices designed to achieve gender equity, including training in gender-equitable instruction for teachers and other educational personnel and community education programs to enhance the leadership and academic skills of girls and young women;''. SEC. 9. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. Paragraph (1) of section 2006(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (D), by striking ``or'' after the semicolon; (2) in subparagraph (E), by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(F) preservice, inservice, and retraining of teachers and other school personnel in gender-equitable instruction in mathematics and science.''. SEC. 10. NATIONAL PROGRAMS. Paragraph (3) of section 2012(e) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) in subparagraph (E), by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(F) demonstrate a commitment to achieving gender equity both in access to the computer-use program and in the teaching practices used in the program.''. SEC. 11. WOMEN'S EDUCATIONAL EQUITY. (a) Application; Participation.--Paragraph (1) of section 4002(a) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (B)-- (A) by inserting ``the development and implementation of'' before ``model''; and (B) by inserting ``gender and'' after ``to provide''. (2) in subparagraph (D); (A) by inserting ``the development and implementation of'' before ``guidance''; and (B) by inserting ``career education programs and'' after ``including''. SEC. 12. GIFTED AND TALENTED CHILDREN. Subsection (b) of section 4104 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (4) and (5) as (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) training of personnel involved in talented and gifted programs with respect to the impact of gender-role socialization on the educational needs of gifted and talented children and in gender-equitable education methods, techniques and practices;''. SEC. 13. SECRETARY'S FUND FOR INNOVATION IN EDUCATION. Subsection (b) of section 4604 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (2) and (3) as (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) training programs for teachers and instructional personnel on the impact of gender-role socialization on computer learning styles and gender-equitable methods, techniques, and practices for computer-based instruction;''.

Amends the Elementary and Secondary Education Act of 1965 to establish gender equity requirements and training programs for teachers and other educational personnel (or parents) with respect to: (1) basic program requirements (under chapter 1 of title I for educationally disadvantaged children), innovative projects, schoolwide projects, parental involvement, and program improvement; (2) Even Start progam uses of funds; (3) secondary school programs (for basic skills improvement and dropout prevention and reentry) applications and award of grants; (4) local targeted assistance programs (under chapter 2 educational improvement partnership); (5) Eisenhower Mathematics and Science program school teacher training and national programs; (6) Women's Educational Equity personnel training and career education programs; (7) gifted and talented students personnel training; and (8) computer-based instruction personnel training under the Secretary's fund for innovation in education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011'' or the ``SHIELD Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Armed Forces represent the finest fighting force in the world. (2) An interruption in compensation could affect morale and cause hardship which would threaten United States security and the safety of our troops. (3) It is a vital national interest that the United States Armed Forces, including reserve components, can operate with the assurance that they will continue to receive pay and allowances for their service if a funding gap occurs. (4) Federal law enforcement officers are highly trained and dedicated men and women, committed to protecting liberty, public safety, and the security of our Nation from both foreign and domestic threats. (5) They have no equal in the private sector, and perform a role that is both unique and vital to the continuing operation of the Federal Government and commerce during times of crisis. (6) Each and every day, Federal law enforcement officers are engaged around the clock in activities that include, but are not limited to, dignitary protection, criminal investigation, homeland security, border security, intelligence gathering, and fighting waste, fraud and abuse. (7) These critical Government functions cannot be interrupted due to an absence of Congressional appropriations or during periods of a Government shutdown, nor can we expect that the threats posed by violent criminals, terrorists and America's enemies will lessen during such periods of fiscal uncertainty. SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS REACHED FOR DEFENSE AND FEDERAL LAW ENFORCEMENT. In the event that the total public debt reaches the public debt limit, as established under section 3101 of title 31, United States Code, the following payments on obligations incurred by the Government of the United States shall be made: (1) The pay and allowances of members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service. (2) The pay and allowances of critical law enforcement officers who are employed by Federal agencies. SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DEFENSE AND FEDERAL LAW ENFORCEMENT DURING A FUNDING GAP. (a) Appropriation of Funds for Military Pay and Allowances.--During a period of lapsed appropriations for the Armed Forces, the Secretary of the Treasury shall make available to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard), out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the period of lapsed appropriations. (b) Appropriation of Funds for Federal Law Enforcement Officer Pay and Allowances.--During a period of lapsed appropriations for a federal agency that employs critical law enforcement officers, the Secretary of the Treasury shall make available to the head of such agency, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the heads of such agencies determine to be necessary to continue to provide pay and allowances (without interruption) to such critical law enforcement officers during the period of lapsed appropriations. SEC. 5. DEFINITIONS. In this Act: (1) Critical law enforcement officer.--The term ``critical law enforcement officer'' means an employee-- (A) who has statutory authority to make arrests or apprehensions; (B) who is authorized by the agency of the employee to carry firearms; and (C) whose duties include performing emergency work involving the safety of human life or the protection of property. (2) Period of lapsed appropriations.--The term ``period of lapsed appropriations'' means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances. (3) Total public debt.--The term ``total public debt'' has the meaning given such term in section 3130 of title 31, United States Code.

Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2011 or SHIELD Act of 2011 - Requires, in the event that the U.S. public debt limit is reached, priority payment of the pay and allowances of: (1) members of the Armed Forces, including reserves, who perform active service; and (2) critical law enforcement officers employed by federal agencies. Requires the Secretary of the Treasury, during a period of lapsed appropriations for the Armed Forces or federal agencies employing critical law enforcement officers, to make available necessary amounts to continue such pay and allowances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Full Use of Federal Health Care Funding Act of 2014''. SEC. 2. RECOUPMENT AND REALLOCATION OF FEDERAL SECTION 1311 ACA GRANT FUNDS. Section 1311(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)) is amended-- (1) in paragraph (1), by inserting before the period at the end the following: ``and to make grants under paragraph (7) to qualified entities in a State from funds recouped under paragraph (6) from that State''; (2) in paragraph (2), by adding at the end the following: ``Not later than May 1, 2014, the Secretary shall determine the recoupment amount under paragraph (6) for each State and the amounts that will be made so available for grants under paragraph (7) for qualified entities in each State.''; (3) in paragraph (3), by adding at the end the following: ``A qualified entity awarded a grant under paragraph (7) shall use such grant for activities consistent with subparagraph (C) of such paragraph.''; and (4) by adding at the end the following new paragraphs: ``(6) Recoupment of unexpended funds.-- ``(A) In general.--Subject to subparagraph (B), the Secretary shall recoup any funds awarded to a State under this subsection to the extent that such funds are not obligated by the State for expenditure before April 1, 2014. ``(B) Exception.--The Secretary may, in the Secretary's discretion, decide not to recoup the funds of a State under subparagraph (A) if the State has submitted to the Secretary and the Secretary has approved, before March 31, 2014, a plan for spending such funds in accordance with this subsection in a timely manner. ``(7) Application of recouped funds for grants to other entities within a state.-- ``(A) In general.--Insofar as the Secretary recoups funds under paragraph (6) from a State, the Secretary shall use all such funds to make grants, before the beginning of the open enrollment period for 2015, to qualified entities under subparagraph (B) to carry out activities in the State consistent with subparagraph (C). ``(B) Eligibility.-- ``(i) In general.--To be eligible to receive a grant under this paragraph with respect to a State, an entity shall demonstrate to the Secretary that the entity-- ``(I) has (or can readily and on a timely basis establish) relationships with employers and employees, consumers (including uninsured and underinsured consumers), or self-employed individuals in the State that are likely to be qualified to enroll in coverage options made available through an Exchange in the State; ``(II) is capable of carrying out the activities described in subparagraph (C) for which a grant is being granted; ``(III) meets the standards described in clause (iii); and ``(IV) provides information consistent with standards developed under clause (iv). ``(ii) Types of qualified entities.--Such an entity may be a trade, industry, and professional association, commercial fishing industry organization, ranching and farming organization, community and consumer-focused nonprofit group, chamber of commerce, union, resource partner of the Small Business Administration, and other licensed insurance agent or broker, and another entity, so long as it meets the requirements of clause (i). ``(iii) Entity standards.--The Secretary shall establish standards for qualified entities under this subparagraph relating to their qualification to engage in the outreach, education, and enrollment activities described in subparagraph (C) and to avoid conflicts of interest. Under such standards, a qualified entity shall not-- ``(I) be a health insurance issuer; or ``(II) receive any consideration directly or indirectly from any health insurance issuer in connection with the enrollment of any qualified individuals or employees of a qualified employer in a qualified health plan. ``(iv) Fair and impartial information and services.--The Secretary shall develop standards to ensure that information made available by qualified entities under a grant under this paragraph is fair, accurate, and impartial. ``(C) Use of grants.--Grants under this paragraph may be used for any of the purposes or activities for which a grant to a State under this subsection may be used, including the following: ``(i) Non-navigator assistance personnel.-- To build and fund operations of an in-person assistance personnel (IPA) program (also known as `non-Navigator assistance personnel'). ``(ii) Outreach.--To coordinate with other health and human services organizations in the State to broaden outreach (such as Marketplace information on applications for other programs, websites, emails or through IPA call centers) to individuals eligible to enroll in qualified health plans through the Exchange operating in the State. ``(iii) Marketing.--To produce and disseminate marketing and campaign materials, including brochures, direct mail, print ads, social media and digital and online ads, and TV and radio buys, such materials subject to approval by the Secretary.''.

Ensuring Full Use of Federal Health Care Funding Act of 2014 - Amends the Patient Protection and Affordable Care Act to direct the Secretary of Health and Human Services (HHS) to recoup any funds awarded to a state to establish health care exchanges to the extent the state has not obligated them for expenditure before April 1, 2014. Allows the Secretary, however, not to recoup such funds from a state if the state has approved, before March 31, 2014, a plan to spend them for such exchanges in a timely manner. Requires the Secretary to use any recouped funds to make grants to qualified entities to: (1) build and fund operations of an in-person assistance personnel (IPA) program (also known as "non-Navigator assistance personnel"); (2) coordinate with other health and human services organizations in the state to broaden outreach to individuals eligible to enroll in qualified health plans through the exchange operating in the state; and (3) produce and disseminate marketing and campaign materials, subject to the Secretary's approval. Requires a qualified entity to: (1) have (or readily and on a timely basis be able to establish) relationships with employers and employees, consumers (both uninsured and underinsured), or self-employed individuals in the state that are likely to be qualified to enroll in coverage options made available through a health care exchange in the state; (2) be capable of carrying out grant activities; and (3) meet specified standards. Lists as types of qualified entities: (1) a trade, industry, and professional association; (2) a commercial fishing industry organization; (3) a ranching and farming organization; (4) a community and consumer-focused nonprofit group; (5) a chamber of commerce; (6) a union; (7) a resource partner of the Small Business Administration (SBA); (8) a licensed insurance agent or broker; and (9) any other entity that meets the qualification standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Employment Verification Reauthorization Act of 2008''. SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION PILOT PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program at the end of the 11-year period beginning on the first day the pilot program is in effect.''. SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM. Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) are amended by striking ``basic pilot program'' each place that term appears and inserting ``E-Verify Program''. SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS. Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in the E-Verify Program and shall comply with the terms and conditions of such election.''. SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by striking ``The person'' and inserting the following: ``(i) Upon hiring.--The person''; and (2) by adding at the end the following: ``(ii) Existing employees.--An employer that elects to verify the employment eligibility of existing employees shall verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of Homeland Security of such election. ``(iii) Required participation.--The Secretary of Homeland Security may require any employer or class of employers to participate in the E-Verify Program with respect to individuals employed as of, or hired after, the date of the enactment of the Electronic Employment Verification Reauthorization Act of 2008 if the Secretary has reasonable cause to believe that the employer has engaged in material violations of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. SEC. 6. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(5) Reverification.--Each employer participating in the E-Verify Program shall use the confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire, as indicated by the documents that the individual provided to the employer pursuant to section 274A(b), in accordance with the procedures otherwise applicable to the verification of a newly hired employee under this subsection.''. SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Small Business Demonstration Program.--The Director of United States Citizenship and Immigration Services shall establish, in a rural setting or in an area with fewer than 10,000 residents, a demonstration program that assists small businesses in verifying the employment eligibility of their newly hired employees.''. SEC. 8. INTERAGENCY NONCONFIRMATION REPORT. Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.--The Director of United States Citizenship and Immigration Services shall submit a monthly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each person who receives final nonconfirmation through the E-Verify Program-- ``(1) the name of such person; ``(2) his or her Social Security number or alien file number; ``(3) the name and contact information for his or her current employer; and ``(4) any other critical information that the Assistant Secretary determines to be appropriate. ``(d) Use of Monthly Report.--The Secretary of Homeland Security may use information provided under subsection (c) to enforce compliance of the immigration laws of the United States.''.

Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Randy Barrett Act''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3)(A) In the case of any individual who is terminally ill and is not entitled to disability insurance benefits under this section for any month solely by reason of the waiting period under clause (i) in the first sentence of paragraph (1), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of the first sentence of paragraph (1), such individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). ``(B) For purposes of subparagraph (A), an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C)(i) In the case of any individual who is terminally ill and is not entitled to widow's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). ``(ii) For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) In the case of any individual who is terminally ill and is not entitled to widower's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). ``(ii) For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) In any case in which an individual is terminally ill and a month is not included within a period of disability of such individual solely by reason of the 5-month duration requirement under clause (i)(I), the Commissioner of Social Security shall waive the application of such requirement, and, notwithstanding clause (i)(I), such month shall be included in a period of disability. For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after the date of the enactment of this Act.

Randy Barrett Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Commissioner of Social Security to waive the five-month waiting period for entitlement to benefits based on disability in the case of any individual who is terminally ill and is not entitled to disability insurance benefits under OASDI for any month solely by reason of such waiting period.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Modified Line Item Veto/Expedited Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to amounts specifically authorized to be appropriated for a particular program, project, or activity. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority if supported by 49 other Members. ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(D) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority if supported by 14 other Members. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(D) If the bill is amended in the Senate solely as provided by subparagraph (B), the Secretary of the Senate shall cause an engrossed amendment (in the nature of a substitute) to be returned to the House of Representatives. Any Member of the House may offer a privileged motion that the House concur in that Senate amendment. That motion is not subject to a demand for division of the question and the previous question is considered as ordered on the motion to final adoption without intervening motion. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(e) Amendments and Divisions Prohibited.--Except as provided by paragraph (1)(C) or (3)(B) of subsection (d), no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''.

Modified Line Item Veto/Expedited Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, a special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Limits the amount subject to rescission to 25 percent of the amount appropriated. Sets forth House and Senate procedures for the expedited consideration of such a proposal.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Redefinition Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ability of the United States to deliver more effective educational services to citizens, especially disadvantaged citizens, is of primary importance to the national and economic security of the United States; (2) fundamental reform is needed in our Nation's educational system in order to release the creative energies of teachers, students, parents, and communities; (3) market forces of competition and choice can have a positive influence in promoting fundamental reform; however, choice is incomplete without the availability of more educational choices for all students, including disadvantaged students and historically underserved students; (4) the exclusive franchise that local educational agencies have traditionally had on the creation of new public schools has served to limit the number and variety of school choices available to parents and students; and (5) public education should be defined by outcomes and requirements that protect and promote the public interest, not solely by the ownership or control of facilities and programs by a local educational agency or other public agency. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) encourage States to offer teachers, parents, and local communities the opportunity to establish new and more effective public schools; (2) provide Federal assistance and flexibility to encourage States to assist teachers, parents, and communities to develop such schools; and (3) provide criteria for States, teachers, parents, and communities to use in establishing new and more effective public schools. SEC. 4. DEFINITIONS. For the purpose of this Act-- (1) the term ``eligible partnership'' means a partnership between-- (A) a sponsor; and (B) a charter public school; (2) the term ``local educational agency'' has the meaning given such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``charter public school'' means a school that-- (A) is nonsectarian in its programs, admission policies, employment practices, and all other operations and is not affiliated with a nonpublic sectarian school or religious institution; (B) has a primary focus of providing a comprehensive program of instruction for at least one grade from kindergarten to twelfth grade or one age group from 5 to 18 years of age; (C) does not charge tuition; (D) complies with title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and the procedural safeguards under the Individuals With Disabilities Education Act; (E) in the event that more students apply for admission than may be accommodated, admits students on the basis of a lottery; (F) is subject to the same Federal and State financial audits and audit procedures and requirements as any other school located in the State in which such school is located; (G) meets all State and local health and safety requirements; and (H) participates in an eligible partnership; (4) the term ``Secretary'' means the Secretary of Education; (5) the term ``sponsor'' means a-- (A) school board; (B) local educational agency; or (C) State educational agency; (6) the term ``State educational agency'' has the meaning given such term by section 1471(23) of the Elementary and Secondary Education Act of 1965. SEC. 5. PROGRAM AUTHORITY. (a) Program Authorized.-- (1) In general.--The Secretary is authorized to award grants to State educational agencies having applications approved pursuant to section 6 to enable such agencies to conduct a charter public school program in accordance with this Act. (2) Special rule.--If a State elects not to participate in the program assisted under this Act, the Secretary is authorized to award a grant to a charter public school that serves such State and has an application approved pursuant to section 6, as permitted by applicable State laws and regulations in the State in which the school shall operate. (b) Use of Grants.-- (1) State.--Each State educational agency receiving a grant under this Act shall use such grant funds to award grants to one or more charter public schools in the State to enable such schools to plan and implement a charter public school in accordance with this Act. (2) Charter public school.--Each charter public school receiving a grant from the Secretary pursuant to subsection (a)(2) shall use such grant funds to plan and implement a charter public school in accordance with this Act. (3) Administrative expenses.--Each State educational agency receiving a grant pursuant to subsection (a)(1) may reserve not more than 5 percent of such grant funds for administrative expenses associated with the program assisted under this Act. (c) Duration.--A charter public school shall receive a grant under this Act for a period of not more than 3 years. (d) Matching Requirement.--In order for a charter public school to receive a grant pursuant to subsection (a), such school shall provide matching funds in the amount of-- (1) 10 percent of the grant payment received in the first year such school receives a grant under this Act; and (2) 25 percent of the grant payment received in the second and third such years. (e) Geographic Dispersion.--The Secretary shall ensure that grants awarded pursuant to subsection (a) benefit students in urban and rural areas. (f) Construction, Renovation, and Repair.-- (1) Prohibition.--Grant funds awarded under this Act shall not be used for the construction or major renovation or repair of facilities. (2) Start-up costs.--Grant funds awarded under this Act may be used for planning, equipment purchases, and other start-up costs, including minor renovation of facilities necessary to meet applicable State and local health and safety requirements. SEC. 6. APPLICATION. (a) State Application.-- (1) In general.--Each State educational agency desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the objectives of the State educational agency's charter public school program and a description of how such objectives shall be fulfilled, including steps taken by the State educational agency to inform teachers, parents, and communities of the State educational agency's charter public school program and the availability of grants for the establishment of such schools; (B) contain assurances that the State educational agency shall obtain a waiver of all State and Federal statutes and regulations applicable to a school board, local educational agency or school district that are relevant to and hindering the establishment of a charter public school in such State; (C) provide a written description of outcomes and other requirements to be included in each eligible partnership agreement between a sponsor and a charter public school; (D) provide a description of how charter public schools within the State shall be required to meet the definition of a charter public school as described in section 4(3); (E) contain specific outcomes to be achieved by the students attending a charter public school in accordance with the outcomes agreement described in section 7; (F) provide an explanation of how progress in meeting the outcomes described in section 7 shall be measured; and (G) contain a description of how teachers, parents, and community members have been, or shall be, involved in the planning, development and implementation of each charter public school. (b) Eligible Partnership Application.-- (1) In general.--Each charter public school desiring a grant pursuant to section 5(a)(2) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall contain the same information and assurances as the information and assurances described in subparagraphs (B) through (G) of subsection (a)(2). SEC. 7. OUTCOMES AGREEMENT. (a) Agreement.--In order to receive a grant under this Act a charter public school shall enter into an outcomes agreement with the sponsor participating in the eligible partnership. (b) Contents.--Each agreement referred to in subsection (a) shall-- (1) be in the form of a written contract between the sponsor and the board of directors of the charter public school participating in the eligible partnership; (2) set forth outcomes that such school shall achieve; and (3) include information and assurances described in subparagraphs (B) through (G) of section 6(a)(2). SEC. 8. CONTINUATION OF FUNDING. Each charter public school receiving a grant under this Act shall be eligible to receive Federal, State, and local education revenue, grants and other aids as though such school were a local educational agency. SEC. 9. TERMINATION. The Secretary or a State educational agency receiving a grant under this part shall terminate grant payments under this Act if the Secretary or such State educational agency, at any time, determines that the charter public school is not making acceptable progress toward meeting the outcomes described in section 7. SEC. 10. REPORTS. (a) State Report.-- (1) Reports.--Each charter public school receiving a grant pursuant to section 5(a)(1) shall report at least annually to the State educational agency or other agency designated by the Governor on such school's progress in meeting the outcomes described in section 7. (2) Report to the secretary.--Each State educational agency receiving a report under subsection (a) shall annually report to the Secretary on the program assisted under this Act. (b) School Reports.--Each charter public school receiving a grant pursuant to section 5(a)(2) shall at least annually report to the Secretary the charter public school's progress in meeting the outcomes described in section 7. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and such sums as may be necessary for the 3 succeeding fiscal years to carry out the provisions of this Act.

Public School Redefinition Act of 1993 - Establishes a demonstration program to provide Federal assistance to encourage States to assist teachers, parents, and local communities to establish and develop outcome-based public schools. Authorizes the Secretary of Education to award grants to State educational agencies (SEAs) to conduct such outcome-based public school programs (or, if a State elects not to participate, to award such a grant directly to an outcome-based public school). Limits such grants to three years and requires the school to provide matching funds. Prohibits grant funds from being used for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases and other start-up costs, including minor renovation of facilities to meet applicable health and safety requirements. Provides that each such outcome-based public school shall be eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Directs the Secretary or the SEA receiving such a grant to terminate grant payments to an outcome-based public school upon determination that it is not making acceptable progress. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Prairie Potholes National Wildlife Refuge Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the area of the State of Iowa known as the Southern Prairie Potholes and consisting primarily of the Willow Creek watershed in Greene County offers exceptional potential for restoration into a bountiful native wildlife habitat area; (2) ongoing restoration and preservation of this wildlife habitat area will significantly enhance opportunities for outdoor recreation in this region, including waterfowl and upland hunting, wildlife viewing, and hiking; (3) the Southern Prairie Potholes area is located at the southwestern edge of the Des Moines Lobe left by glaciers 12,000 years ago; (4) the sloughs and grassland offer a substantial oasis of both wetland and grassland habitat at the southwestern boundary of the most heavily cropped region in Iowa; (5) because of the location of the Southern Prairie Potholes at the edge of the multistate and international region known as the Prairie Potholes Region, and along important migratory flyways, the restoration and preservation of the area is critical to providing wildlife habitat across the full extent of the Prairie Potholes Region; (6) this 23,500-acre area has for years been designated by the Prairie Pothole Joint Venture as a priority area for restoration and preservation because of the importance of the area to wildlife, facilitating gradual public land acquisition for habitat restoration; (7) the area already includes the 2,134-acre Dunbar Slough wetland complex of Federal and State land managed as popular wildlife and hunting areas serving Carroll, Greene, and Guthrie Counties and beyond; (8) national wildlife refuges increasingly follow a mosaic pattern with a core of publicly held land surrounded by privately held land also located within the refuge boundary; (9) private ownership and uses are not affected for private land within the designated boundaries of the refuge, but private landowners may be provided increased opportunities for partnering on conservation or restoration practices; (10) restoration and preservation of the Southern Prairie Potholes area will benefit hundreds of birds, mammals, butterflies, reptiles, and amphibians that have been classified as species of greatest conservation need, including the endangered Blanding's turtle; (11) restoration of grassland and wetland in the area will contribute to improved flood control and water quality downstream, as the Middle Raccoon River is the major water source for the Des Moines metropolitan region and other communities; (12) the Southern Prairie Potholes area offers unique recreational appeal because the area is adjacent to the existing Whiterock Conservancy, a 4,300-acre land trust dedicated to conserving and protecting the natural resources of Iowa and engaging the public with the landscape; (13) Whiterock Conservancy offers outdoor recreation and education and includes a major new Backcountry Trail complex; (14) the proximity of the Southern Prairie Potholes to the largest metropolitan area in Iowa adds to the ability of the area to provide natural resource experiences to a broad community; and (15) the area is already attracting cyclists, and that appeal will grow with ongoing development of the cross-country American Discovery Trail transecting the area. SEC. 3. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Southern Prairie Potholes National Wildlife Refuge established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT AND PURPOSE OF REFUGE. (a) Establishment.-- (1) In general.--The Secretary shall establish the Southern Prairie Potholes National Wildlife Refuge, consisting of approximately 23,500 acres of Federal land, water, and interests in land and water within the boundaries depicted on the map entitled ``Southern Prairie Potholes Project Area'' and dated August 26, 2014. (2) Boundary revisions.--The Secretary shall make such minor revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (3) Availability of map.--The Secretary shall keep the map referred to in paragraph (1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Purposes.--The purposes of the Refuge are-- (1) to enhance opportunities for outdoor recreation, including waterfowl and upland hunting, hiking, native habitat exploration, and wildlife viewing; (2) to provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) to provide for the restoration and conservation of native plants and animal communities on suitable sites in the Southern Prairie Potholes area, including the protection of threatened and endangered species and the restoration of extirpated species; (4) to provide critical travel and nesting habitat for migratory birds; (5) to provide opportunities to private landowners to access technical or financial assistance for the voluntary restoration of the land of the private landowners for the benefit of fish and wildlife; (6) to provide for outdoor recreation, including hunting, hiking, paddling, and wildlife viewing to the public; and (7) to facilitate the education of the public, especially young people, about nature, the environment, and the conservation of the natural resources. (c) Effective Date.-- (1) In general.--The establishment of the Refuge shall take effect on the date on which the Secretary publishes a notice that sufficient property has been acquired by the United States within the boundaries described in subsection (a)(1) to constitute an area that can be efficiently managed as a National Wildlife Refuge. (2) Publication.--The Secretary shall publish the notice described in paragraph (1) in the Federal Register and publications of local circulation in the vicinity of the area within the boundaries described in subsection (a)(1). SEC. 5. ADMINISTRATION OF REFUGE. (a) In General.--Subject to the purposes described in section 4(b), the Secretary shall administer all land, water, and interests in land and water acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (b) Additional Authority.--The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish- and wildlife-oriented recreational opportunities, as the Secretary considers appropriate to carry out the purposes of this Act. (c) Priority Uses.--In providing opportunities for compatible fish- and wildlife-oriented recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. (d) Volunteers and Partnerships.--The Secretary shall encourage the use of volunteers and facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness, conservation, and priority uses of the resources of the Refuge. SEC. 6. ACQUISITION OF LAND AND WATER. (a) In General.--Subject to subsection (c) and the availability of appropriations, the Secretary may acquire up to 23,500 acres of land and water, or interests in land and water, within the boundaries of the Refuge as described in section 4(a)(1). (b) Inclusion in Refuge.--Any land, water, or interests acquired by the Secretary under this section shall be part of the Refuge. (c) Manner of Acquisition.--All acquisition of land or water under this section shall be made in a voluntary manner from willing sellers only. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Southern Prairie Potholes National Wildlife Refuge Act - Directs the Secretary of the Interior to establish the approximately 23,500-acre Southern Prairie Potholes National Wildlife Refuge in Iowa. Authorizes the Secretary to acquire land and water within the boundaries of the Refuge from willing sellers. Lists as purposes of the Refuge to: (1) enhance opportunities for outdoor recreation; (2) provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) provide for the restoration and conservation of native plants and animal communities; (4) provide critical travel and nesting habitat for migratory birds; (5) provide opportunities to private landowners to access assistance for the voluntary restoration of land for the benefit of fish and wildlife; and (6) facilitate the education of the public about nature, the environment, and the conservation of the natural resources. Directs the Secretary to: (1) administer all land, water, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage the use of volunteers and facilitate partnerships to promote public awareness, conservation, and priority uses of Refuge resources. .

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Election Standards Act of 2001''. SEC. 2. UNIFORM NATIONAL STANDARDS FOR FEDERAL ELECTION PROCEDURES. (a) Uniform Standards.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 323. UNIFORM ELECTION PROCEDURES. ``(a) In General.--The Commission shall provide required uniform national standards regarding procedures for elections for Federal office that-- ``(1) minimize delay, error, or confusion in voting and in voter registration; ``(2) eliminate fraud in the voting process; ``(3) increase the accuracy and reliability of vote counts and counting procedure; ``(4) reduce the number of uncounted and discarded ballots; ``(5) encourage voter registration and voter turnout; ``(6) ensure accessibility to registration facilities and polling places for all voters; and ``(7) promote public confidence in the accuracy and reliability of the election process. ``(b) Standards.--The standards under subsection (a) shall include procedures regarding-- ``(1) the type of ballots used; ``(2) vote counting; ``(3) use of counting machines; ``(4) accuracy and security of elections and vote counts; ``(5) voter registration; and ``(6) verification and maintenance of voter rolls. ``(c) Study of State Procedures.--For purposes of determining standards under subsection (a), the Commission shall study and periodically review (not less often than once every 6 months following an election for Federal office) State election regulations and procedures. ``(d) Enforcement.--Standards established under this section shall only be enforceable under section 309(e). ``(e) Regulations.-- ``(1) In general.--Not later than January 1, 2002, the Commission shall promulgate regulations to carry out the provisions of this section based on an initial study and analysis of election and vote counting procedures utilized in each State. ``(2) State compliance.--The Commission may-- ``(A) prescribe a reasonable period of time for States to comply with the uniform national standards established under this section; and ``(B) establish a process for a State to request a waiver of compliance with a standard or an extension of time to comply with a standard, based on a showing that the State cannot reasonably comply with such standard.''. (b) Enforcement.-- (1) Civil penalties.-- (A) In general.--Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out the requirements under section 323.''. (B) Conforming amendment.--Section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(1)) is amended by striking ``Any person'' and inserting ``Except as provided in section 323, any person''. (2) Criminal penalties.-- (A) In general.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``SEC. 612. NONCOMPLIANCE WITH UNIFORM NATIONAL ELECTION STANDARDS. ``It shall be unlawful for any person to knowingly conduct an election for Federal office (within the meaning of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), or to knowingly interfere with such election, so that the election is in violation of the uniform national standards established by the Federal Election Commission under section 323 of such Act. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.''. (B) Conforming amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 612. Noncompliance with uniform national election standards.''. (c) Compliance Grant Program.-- (1) In general.--The Federal Election Commission is authorized to make grants to States to provide for the cost of implementing the uniform national standards for elections established under section 323 of the Federal Election Campaign Act of 1971. (2) Use of funds.--A State may use a grant received under paragraph (1) for costs in relation to compliance with the uniform national standards for elections established by the Federal Election Commission. (3) Application.--Each State that desires to receive a grant under this subsection shall submit an application to the Federal Election Commission, at such time, in such manner, and accompanied by such information as reasonably required by the regulations promulgated under paragraph (5). (4) Approval of application.--The Federal Election Commission shall approve an application in accordance with the standards required under paragraph (5). (5) Administrative regulations.--The Federal Election Commission shall issue regulations regarding grants under this subsection that provide for the following: (A) The application process. (B) The content of an application. (C) The standard amount of each grant. (D) The criteria for approval of an application. (6) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated $100,000,000 for each of fiscal years 2002 through 2011 to carry out the provisions of this subsection. (B) Availability of funds.--Such funds shall remain available until expended. (7) Reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Federal Election Commission shall submit to Congress a report on the activities under this subsection. SEC. 3. CHANGE IN GENERAL ELECTION DATE. (a) Electors.--Section 1 of title 3, United States Code, is amended by striking ``on the Tuesday next after the first Monday'' and inserting ``on the first consecutive Saturday and Sunday prior to the first Monday''. (b) Congressional Elections.--Section 25 of the Revised Statutes (2 U.S.C. 7) is amended to read as follows: ``Sec. 25. The first consecutive Saturday and Sunday prior to the first Monday in November, in every even numbered year, are established as the days for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January thereafter.''. SEC. 4. VOTER REGISTRATION IN FEDERAL ELECTIONS. Section 4 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2) is amended by adding at the end the following: ``(c) Same Day Registration.--Notwithstanding any other Federal or State law, each State shall establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office.''.

National Election Standards Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to direct the Federal Election Commission (FEC) to provide uniform national election standards meeting specified criteria with regard to procedures for elections to Federal office.Authorizes FEC to make grants to States to provide for the cost of implementing such standards for elections to Federal office. Establishes civil and criminal penalties for violation of such standards.Amends Federal presidential elections and vacancies law and other Federal election law to provide for a change in the date with respect to the timing of the appointment of presidential and vice presidential electors, and with respect to the timing of the holding of congressional elections.Amends the National Voter Registration Act of 1993 to require each State to establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians are descendants of, and political successors to, signatories of the 1836 Treaty of Washington and the 1855 Treaty of Detroit. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the signatories to the 1836 Treaty of Washington and the 1855 Treaty of Detroit, have been recognized by the Federal Government as distinct Indian tribes. (3) The Little Traverse Bay Bands of Odawa Indians consists of at least 1,000 eligible members who continue to reside close to their ancestral homeland as recognized in the Little Traverse Reservation in the 1836 Treaty of Washington and 1855 Treaty of Detroit, which area is now known as Emmet and Charlevoix Counties, Michigan. (4) The Little River Band of Ottawa Indians consists of at least 500 eligible members who continue to reside close to their ancestral homeland as recognized in the Manistee Reservation in the 1836 Treaty of Washington and reservation in the 1855 Treaty of Detroit, which area is now known as Manistee and Mason Counties, Michigan. (5) The Bands filed for reorganization of their existing tribal governments in 1935 under the Act of June 18, 1934 (25 U.S.C. et seq.; commonly referred to as the ``Indian Reorganization Act''). Federal agents who visited the Bands, including Commissioner of Indian Affairs, John Collier, attested to the continued social and political existence of the Bands and concluded that the Bands were eligible for reorganization. Due to a lack of Federal appropriations to implement the provisions of such Act, the Bands were denied the opportunity to reorganize. (6) In spite of such denial, the Bands continued their political and social existence with viable tribal governments. The Bands, along with other Michigan Odawa/Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. The Association subsequently pursued a successful land claim with the Indian Claims Commission. (7) Between 1948 and 1975, the Bands carried out many of their governmental functions through the Northern Michigan Ottawa Association, while retaining individual Band control over local decisions. (8) In 1975, the Northern Michigan Ottawa Association petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), to form a government on behalf of the Bands. Again in spite of the Bands' eligibility, the Bureau of Indian Affairs failed to act on their request. (9) 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 Bands from 1836 to the present. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Bands'' means the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians; (2) the term ``member'' means those individuals enrolled in the Bands pursuant to section 7; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians is hereby reaffirmed. 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 Bands and their members. (b) Federal Services and Benefits.-- (1) In general.--The Bands and their members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Bands and their members without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.-- (A) Little traverse bay bands.--For purposes of the delivery of Federal services to the enrolled members of the Little Traverse Bay Bands of Odawa Indians, the area of the State of Michigan within 70 miles of the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article I, paragraphs `third' and `fourth' of the Treaty of 1855, 11 Stat. 621, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or program regulations. (B) Little river band.--For purposes of the delivery of Federal services to enrolled members of the Little River Band of Ottawa Indians, the Counties of Manistee, Mason, Wexford and Lake, in the State of Michigan, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named Counties unless prohibited by law or program regulations. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Bands, and their members thereof, which may have been abrogated or diminished before the date of the 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 Bands, or of their members, 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 Bands might have to enforce any right or privilege reserved by or granted to the Bands which were wrongfully denied to or taken from the Bands prior to the enactment of this Act. SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS. (a) Little Traverse Bay Bands.--The Secretary shall acquire real property in Emmet and Charlevoix Counties for the benefit of the Little Traversee Bay Bands. The Secretary shall also accept any real property located in those Counties for the benefit of the Little Traverse Bay Bands if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (b) Little River Band.--The Secretary shall acquire real property in Manistee and Mason Counties for the benefit of the Little River Band. The Secretary shall also accept any real property located in those Counties for the benefit of the Little River Band if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (c) Additional Lands.--The Secretary may accept any additional acreage in each of the Bands' service area specified by section 4(b) of this Act pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''). (d) Reservation.--Subject to the conditions imposed by this section, the land acquired by or transferred to the Secretary under or pursuant to this section shall be taken in the name of the United States in trust for the Bands and shall be a part of the respective Bands' reservation. SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Bands shall submit to the Secretary membership rolls consisting of all individuals currently enrolled for membership in such Bands. The qualifications for inclusion on the membership rolls of the Bands shall be determined by the membership clauses in such Bands' respective governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands 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, elections for the purposes of adopting new constitutions for the Bands. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly referred to as the ``Indian Reorganization Act''). (2) Interim governing documents.--Until such time as new constitutions are adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Bands. (b) Officials.-- (1) Election.--Not later than 6 months after the Bands adopt constitutions and bylaws pursuant to subsection (a), the Bands shall conduct elections by secret ballot for the purpose of electing officials for the Bands as provided in the Bands' respective governing constitutions. The elections shall be conducted according to the procedures described in the Bands' constitutions and bylaws. (2) Interim governments.--Until such time as the Bands elect new officials pursuant to paragraph (1), the Bands' governing bodies shall be those governing bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Bands.

Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Prevention, Education, and Awareness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Family violence costs the nation between $5,000,000,000 and $10,000,000,000 each year in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and nonproductivity. (3) The United States is becoming increasingly multicultural, and racial and ethnic minorities are expected to constitute approximately 50 percent of the United States population by 2050. (4) Two-thirds of female immigrants to the United States originate from Asia, Latin America, the Caribbean, and the Middle East, and they migrate here to seek economic security, reunify their families, or escape prosecution. (5) Racial and ethnic minority women and immigrant women face unique challenges to reporting and getting help for domestic violence. (6) Structural inequalities experienced by racial and ethnic minority communities and immigrant communities, including poverty and discrimination, may contribute to higher rates of violence. (7) Problems of domestic violence are exacerbated for immigrants when spouses control the immigration status of their family members, and abusers use threats of refusal to file immigration papers and threats to deport spouses and children as powerful tools to prevent battered immigrant women from seeking help, trapping battered immigrant women in violent homes because of fear of deportation. (8) Many racial and ethnic minority women and immigrant women face cultural barriers to reporting abuse or seeking help for domestic violence, including but not limited to strong religious beliefs that stress the importance of keeping family intact, fear of dishonor, or a belief that negative events occur regardless of attempts to prevent them. (9) Many racial and ethnic minority women and immigrant women also face institutional barriers to reporting abuse or seeking help for domestic violence, including but not limited to restrictions on public assistance, limited access to immigration relief, lack of translators or bilingual professionals, little educational material in the woman's native language, treatment programs that do not take into account ethnic and cultural differences, prohibitive fee structures, and inflexible or inconvenient hours of operation. SEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND ETHNIC MINORITY COMMUNITIES AND IMMIGRANT COMMUNITIES ABOUT DOMESTIC VIOLENCE. (a) In General.--From amounts made available to carry out this section, the Attorney General, acting through the Violence Against Women Office, shall make grants to public or private nonprofit entities, States, and Indian tribes and tribal organizations to carry out public information campaigns for the purpose of educating racial and ethnic minority communities and immigrant communities about domestic violence, including the effects of domestic violence, methods of preventing or reducing domestic violence, and services available to victims of domestic violence. (b) Use of Grant Amounts.--Grant amounts under this section may be used only to carry out public information campaigns for the purpose specified in subsection (a) and to provide staffing appropriate to carrying out the campaigns. (c) Elements of Campaigns.--Each public information campaign carried out under this section shall consist of one or more of the following elements: (1) Public service announcements. (2) Paid educational messages for print media. (3) Public transit advertising. (4) Electronic broadcast media. (5) Any other mode of conveying information that the Attorney General determines to be appropriate. (d) Requirements for Grant.--The Attorney General may award a grant under this section to an applicant only if the Attorney General determines that-- (1) the campaign will be carried out in consultation with local domestic violence advocates or State domestic violence coalitions; (2) the campaign is designed to be conducted in a culturally sensitive manner using one or more culturally appropriate languages; (3) the applicant has an adequate plan to test-market the campaign with a relevant community or group in the relevant geographic area, and will carry out that plan; and (4) the applicant will use effectiveness criteria in carrying out the campaign and an evaluation component to measure the effectiveness of the campaign. (e) Award Criteria.--In awarding grants under this section, the Attorney General shall consider the following criteria: (1) Whether the applicant has, or will be partnering with an entity that has, a record of high quality campaigns of a comparable type. (2) Whether the applicant has, or will be partnering with an entity that has, a record of high quality campaigns that educate the communities and groups at greatest risk of domestic violence. (f) Application.-- (1) In general.--To be eligible to receive a grant under this section, a State or entity must submit to the Attorney General an application that meets the requirements of paragraph (2). (2) Requirements.--An application submitted under this subsection shall be in such form, and submitted in such manner, as the Attorney General may prescribe, and shall include the following matters: (A) A complete description of applicant's plan for the proposed public information campaign. (B) An identification of the specific communities and groups to be educated by the campaign, and a description of how the campaign will educate the communities and groups at greatest risk of domestic violence. (C) The plans of the applicant with respect to working with organizations that have expertise in developing culturally appropriate informational messages. (D) A description of the geographic distribution of the campaign. (E) An identification of the media organizations and other groups through which the campaign will be carried out and any memorandum of understanding or other agreement under which the campaign will be carried out. (F) A description of the nature, amount, distribution, and timing of informational messages to be used in the campaign. (G) Such information and assurances as the Attorney General may require to determine whether the requirements specified in subsection (d) will be satisfied, and whether the criteria specified in subsection (e) apply. (H) Such other information and assurances as the Attorney General may require. (g) Definition.--For purposes of this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Domestic Violence Prevention, Education, and Awareness Act - Requires the Attorney General, acting through the Violence Against Women Office, to make grants to public or private nonprofit entities, States, and Indian tribes and tribal organizations to carry out public information campaigns to educate racial and ethnic minority communities and immigrant communities about domestic violence, including its effects, methods of preventing or reducing it, and available services to such victims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Improvement Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment include a range of behaviors that negatively impact a student's ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as Internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment conduct to create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not ``pushed-out'' or diverted to the juvenile justice system. (8) According to one poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying. (9) Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment. SEC. 3. SAFE SCHOOLS IMPROVEMENT. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART G--SAFE SCHOOLS IMPROVEMENT ``SEC. 4701. PURPOSE. ``The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. ``SEC. 4702. ANTI-BULLYING POLICIES. ``(a) Bullying.--In this part, the term `bullying' includes cyber- bullying through electronic communications. ``(b) Policies.--A State that receives a grant under this title shall require all local educational agencies in the State to carry out the following: ``(1) Establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive-- ``(A) to limit a student's ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or ``(B) to create a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. ``(2) The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on-- ``(A) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; ``(B) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or ``(C) any other distinguishing characteristics that may be defined by the State or local educational agency, including being homeless or the child or ward of a member of the Armed Forces. ``(3) Provide-- ``(A) annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and ``(B) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including-- ``(i) the name of the local educational agency officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the local educational agency will establish in the resolution of such complaints. ``(4) Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. ``(5) Encourage positive and preventative approaches to school discipline that minimize students' removal from instruction and ensure that students, including students described in paragraph (2), are not subject to disproportionate punishment. ``SEC. 4703. STATE REPORTS. ``The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary-- ``(1) on the information reported by local educational agencies in the State pursuant to section 4702(b)(4); and ``(2) describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4702(b)(1). ``SEC. 4704. EVALUATION. ``(a) Biennial Evaluation.--The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4702, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs. ``(b) Data Collection.--The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4702. ``(c) Biennial Report.--Not later than January 1, 2019, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4703. ``SEC. 4705. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. ``SEC. 4706. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part G--Safe Schools Improvement ``Sec. 4701. Purpose. ``Sec. 4702. Anti-bullying policies. ``Sec. 4703. State reports. ``Sec. 4704. Evaluation. ``Sec. 4705. Effect on other laws. ``Sec. 4706. Rule of construction.''.

Safe Schools Improvement Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from, school programs; or (2) create a hostile or abusive educational environment that adversely affects students' education. LEAs shall also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics shall collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Subsidy Elimination Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) On Friday April 21, 2006, the trading price for a barrel of oil reached a new record high of $75.17. As a result the price of gasoline in many areas around the country jumped to $3 per gallon or higher. (2) According to the Energy Information Administration (EIA) of the Department of Energy, gas prices are expected to rise nationally by at least another 25 cents in the short term. (3) Oil companies are receiving record profits as a result of high gas prices. In 2005, ExxonMobil--the Nation's largest oil company--earned a net income of $36.1 billion, up 31 percent from the year before. In the fourth quarter of 2005 alone, ExxonMobile earned $10 billion, up from the previous record of $9.92 billion set by ExxonMobile in the third quarter of 2005. (4) While high energy prices are squeezing the American middle class, oil executives are receiving record compensation and retirement packages. For example, the retiring chairman of ExxonMobil was recently given a $400 million retirement package--one of the largest in history. (5) In the 108th and 109th Congresses, the United States Congress passed, and the President signed, legislation giving billions in taxpayer dollars away to the oil industry in the form of tax breaks--even as this industry continues to garner record breaking profits. (6) At a November 9, 2005, joint hearing of the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, the chief executive officers of the top five oil companies testified that their companies did not need the Federal tax incentives included in the Energy Policy Act of 2005 (Public Law 109-58). (7) On April 25, 2006, President Bush stated ``Record oil prices and large cash flows also mean that Congress has got to understand that these energy companies don't need unnecessary tax breaks like the write-offs of certain geological and geophysical expenditures, or the use of taxpayers' money to subsidize energy companies research into deep water drilling. I'm looking forward to Congress to take about $2 billion of these tax breaks out of the budget over a 10-year period of time. Cash flows are up. Taxpayers don't need to be paying for certain of these expenses on behalf of the energy companies.''. SEC. 2. REQUIREMENTS FOR CERTAIN LARGE INTEGRATED OIL COMPANIES. (a) Revaluation of LIFO Inventories of Large Integrated Oil Companies.-- (1) General rule.--Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2005, the taxpayer shall-- (A) increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and (B) decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1). If the aggregate amount of the increases under paragraph (1) exceed the taxpayer's cost of goods sold for such taxable year, the taxpayer's gross income for such taxable year shall be increased by the amount of such excess. (2) Layer adjustment amount.--For purposes of this section-- (A) In general.--The term ``layer adjustment amount'' means, with respect to any historic LIFO layer, the product of-- (i) $18.75, and (ii) the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer. (B) Barrel-of-oil equivalent.--The term ``barrel- of-oil equivalent'' has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005). (3) Application of requirement.-- (A) No change in method of accounting.--Any adjustment required by this section shall not be treated as a change in method of accounting. (B) Underpayments of estimated tax.--No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section. (4) Applicable integrated oil company.--For purposes of this subsection, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2005. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. (b) Elimination of Amortization of Geological and Geophysical Expenditures for Major Integrated Oil Companies.-- (1) In general.--Section 167(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Nonapplication to major integrated oil companies.-- This subsection shall not apply with respect to any expenses paid or incurred for any taxable year by any integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (2) Effective date.--The amendment made by this section shall take effect as if included in the amendment made by section 1329(a) of the Energy Policy Act of 2005. (c) Modifications of Foreign Tax Credit Rules Applicable to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- (1) In general.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n), and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.'' (2) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (B) Contrary treaty obligations upheld.--The amendments made by this subsection shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 3. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF 2005 FOR OIL AND GAS. (a) Repeal.--The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed: (1) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels). (2) Section 1328 (relating to determination of small refiner exception to oil depletion deduction). (3) Section 1329 (relating to amortization of geological and geophysical expenditures). (b) Administration of Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted.

Oil Subsidy Elimination Act of 2006 - Requires oil companies with annual gross receipts of $1 billion or more and average daily crude oil production levels of at least 500,000 barrels (defined as large integrated oil companies) to revalue, according to a specified formula, their 2005 LIFO inventories of crude oil, natural gas, or other petroleum products. Amends the Internal Revenue Code to deny large integrated oil companies: (1) amortization of geological and geophysical expenditures; and (2) foreign tax credits for certain payments made to foreign countries. Repeals provisions of the Energy Policy Act of 2005 relating to: (1) expensing of crude oil refinery property; (2) exemptions from limitations on oil depletion deductions for certain small crude oil refiners; and (3) amortization of geological and geophysical expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Advantage Participant Bill of Rights Act of 2014''. SEC. 2. LIMITATION ON REMOVAL OF MEDICARE ADVANTAGE PROVIDERS BY MA ORGANIZATIONS. (a) Limitation.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended by adding at the end the following: ``(7) Limitation on removal of providers from ma plans by ma organizations.-- ``(A) Removal of providers with cause.--Beginning with plan year 2015, except as provided in subparagraph (C), an MA organization offering an MA plan may only remove a provider of services or a supplier from a network of such plan if the organization has cause to remove such provider or supplier. ``(B) Cause to remove providers.-- ``(i) In general.--An MA organization offering an MA plan has cause to remove a provider of services or a supplier from a network of such plan if the Secretary determines that the provider or supplier is-- ``(I) medically negligent; ``(II) in violation of any legal or contractual requirement applicable to the provider or supplier acting within the lawful scope of practice, including any participation or other requirement applicable to such provider or supplier under this title or under any contractual term for such plan; or ``(III) otherwise unfit to furnish items and services in accordance with requirements of this title. ``(ii) Consideration of cost to ma organizations.--For purposes of subparagraph (A), cost to an MA organization offering an MA plan due to the participation of a provider of services or supplier in a network of such plan does not constitute cause for the MA organization to remove such provider or supplier from the network, and such cost may not be considered as a factor in favor of a determination that such organization has cause to remove the provider. ``(C) Exception.--With respect to each upcoming plan year, beginning with plan year 2015, an MA organization offering an MA plan may only remove a provider of services or supplier from a network of such plan for reasons not specified in subparagraph (B)(i) before the date that is 60 days before the first day of the annual coordinated election period for such plan year under section 1851(e)(3). ``(D) Notice and appeal process.-- ``(i) In general.--Any removal of a provider of services or supplier from a network of an MA plan may occur only after the completion of a fair notice and appeal process that the Secretary shall establish by regulation. Such process shall require the MA organization to provide to such provider or supplier and to the Secretary an explanation of the reason or reasons for the removal. ``(ii) Application.-- ``(I) Application of new process.-- In the case of a removal of a provider of services or supplier from a network of an MA plan occurring on or after the effective date published in a final rule for such fair notice and appeal process, such process shall apply in lieu of the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations. ``(II) Continuation of old process.--In the case of a removal of a provider of services or supplier from a network of an MA plan occurring before such effective date, the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations, shall apply. ``(E) Participant notice and protection.-- ``(i) Notice to participants of provider removal.--Not less than 60 days before the date on which a provider of services or supplier is removed from a network of an MA plan, the MA organization offering such plan shall provide notification of the removal to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. Such notification shall include-- ``(I) the names and telephone numbers of in-network providers of services and suppliers offering items and services that are the same or similar to the items and services offered by the removed provider or supplier; ``(II) information regarding the options available to an individual enrolled in such plan to request the continuation of medical treatment or therapy with the removed provider or supplier; and ``(III) one or more customer service telephone numbers that an individual enrolled in such plan may access to obtain information regarding changes to the network of the plan. ``(ii) Annual notice of change.--In addition to providing the notification of removal as required under clause (i), the MA organization offering such MA plan shall include such notification in the annual notice of change for the MA plan for the upcoming plan year. ``(iii) Continuity of care.--In any case in which a provider of services or supplier is removed from a network of an MA plan, such plan shall ensure that the removal satisfies the continuity of care requirements under paragraph (1)(A) with respect to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. ``(F) Rule of construction.--Nothing in this paragraph shall be construed as affecting the ability of a provider of services or supplier to decline to participate in a network of an MA plan. ``(8) Transparency in measures used by ma organizations to establish or modify provider networks.-- ``(A) In general.--Beginning with plan year 2016, an MA organization offering an MA plan shall include the information described in subparagraph (B)-- ``(i) in the annual bid information submitted by the MA organization with respect to the MA plan under section 1854; and ``(ii) on the Internet Web Site for the MA plan. ``(B) Information described.--The information described in this subparagraph is the following: ``(i) Information regarding the measures used by the MA organization to establish or modify the provider network of the MA plan, including measures of the quality and efficiency of providers. Such information shall include the specifications, methodology, and sample size of such measures. ``(ii) Other information related to the establishment or modification of such provider network that the Secretary determines appropriate. ``(C) Limitation.--The information described in subparagraph (B) shall not include any individually identifiable information of any provider or supplier of services.''. (b) Enforcement.-- (1) Sanctions for noncompliance.--Section 1857(g)(1) of the Social Security Act (42 U.S.C. 1395w-27(g)(1)) is amended-- (A) in subparagraph (J), by striking ``or''; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following new subparagraph: ``(K) fails to comply with sections 1852(d)(7) or 1852(d)(8); or''; and (D) in subparagraph (L) (as so redesignated), by striking ``through (J)'' and inserting ``through (K)''. (2) Sanctions not applicable to part d.--Title XVIII of the Social Security Act is amended-- (A) in section 1860D-12(b)(3)(E) (42 U.S.C. 1395w- 112(b)(3)(E)), by striking ``paragraph (1)(F)'' and inserting ``paragraphs (1)(F) and (1)(K)''; and (B) in section 1894(e)(6)(B) (42 U.S.C. 1395eee(e)(6)(B)), by inserting ``(other than paragraph (1)(K) of such section)'' after ``1857(g)(1)''. (c) Network Access Adequacy Standards.--Beginning with plan year 2015, in applying the network access adequacy standards pursuant to section 1852(d)(1) of the Social Security Act (42 U.S.C. 1395w- 22(d)(1)), the Secretary of Health and Human Services shall seek input from patient advocacy groups, providers of services and suppliers, and MA plans under part C of title XVIII of such Act. (d) Medicare Advantage Plan Compare Tool.--Not later than September 30, 2015, the Secretary of Health and Human Services shall take such measures as are necessary to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.

Medicare Advantage Participant Bill of Rights Act of 2014 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to require a Medicare Advantage (MA) organization to remove a service provider or a supplier from a plan network only for cause, subject to completion of a fair notice and appeals process. Lists as cause for removal: (1) medical negligence, (2) violation of any legal or contractual requirement for the provider or supplier acting within the lawful scope of practice, or (3) unfitness to furnish items and services in accordance with Medicare requirements. Requires an MA organization offering an MA plan to include information on the measures used to establish or modify the plan's provider network: (1) in the annual bid information submitted about the MA plan, and (2) on the plan's Internet Web. Subjects to certain sanctions MA organizations with contracts which fail to meet these information requirements. Directs the Secretary of Health and Human Services (HHS) to: (1) seek input from patient advocacy groups and others in applying network access adequacy standards, and (2) take necessary measures to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Medical Services Patient Safety, Protection, and Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Aviation Administration is responsible for regulating civil aviation in the United States. (2) Each State is responsible for the regulation of public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine within its jurisdiction. (3) Helicopter medical services are an essential component of the health care delivery and emergency medical services system in each State and are integral to each State's management of public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine within the State's jurisdiction. (4) Existing or future regulation of helicopter medical services by the several States is in the public interest. (5) Helicopter medical services represent a unique and discrete area of air transportation because those services present issues involving the adequacy and availability of medical services to patients. (6) Court rulings and statutory interpretations issued by the Secretary of Transportation have imposed limitations on, impeded, or prevented, the ability of States to effectively regulate helicopter medical services in a manner similar to the regulation of other health care services by the States. (7) Those rulings and interpretations have concluded that certain State actions related to public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine, and related aspects of helicopter medical services, are preempted by Federal law, either pursuant to the preemption provisions of the Airline Deregulation Act of 1978 (Public Law 95-504; 92 Stat. 1705) or through the application of the ``field occupation'' preemption doctrine. (8) The Airline Deregulation Act of 1978 did not contemplate helicopter medical services, and the use of the Act to strike down intrastate health-related regulations overseeing the provision of helicopter medical services that would otherwise be permissible with respect to any other segment of the health care industry is not in the public interest. (9) At the same time, it is also important to ensure that the Federal Aviation Administration's plenary and exclusive jurisdiction over matters of aviation safety is not infringed by any State. Accordingly, any State health-related regulation of helicopter medical services must be harmonized and shall not be inconsistent with Federal regulation of aviation safety because the safe operation of the helicopter medical services flight is of paramount importance. (10) Accordingly, there is a need for clarification of existing Federal law so that States may regulate helicopter medical services with respect to public health planning and protection, patient safety and protection, emergency medical services, the quality and coordination of medical care, and the practice of medicine without infringing on the Federal government's plenary power to regulate aviation safety. SEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL SERVICES. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40130. Clarification of State authority over helicopter medical services ``(a) Clarification of State Authority.--Nothing in this subtitle shall prohibit a State from-- ``(1) requiring medical licenses for the provision of helicopter medical services between locations within the State; or ``(2) prescribing regulations relating to the provision of such services if such regulations are prescribed pursuant to subsection (c), (d), or (e). ``(b) Applicability of Federal Aviation Safety Authority.--No State health-related regulation established pursuant to this section shall supersede or be inconsistent with any Federal operating requirement with respect to aviation safety. ``(c) State Authority Over Medical Services.--A State may prescribe regulations relating to the provision of helicopter medical services with respect to the following: ``(1) The medical qualifications and medical training of helicopter medical personnel, except that a State may not impose any requirement with respect to a pilot. ``(2) The obligation of providers of helicopter medical services to comply with the health planning, patient safety, and medical service requirements of the State, including-- ``(A) coordination of the interrelationship, interaction, and agreements among providers of helicopter medical services, providers of other emergency medical services, providers of other medical transport services, referring entities, and medical institutions that receive patients transported by providers of helicopter medical services with respect to the transport of patients; ``(B) demonstration of adequate capacity to provide helicopter medical services; ``(C) demonstration of the need for new or expanded helicopter medical services; ``(D) determinations with respect to the number and base location of helicopters used in the provision of helicopter medical services within the State or region of the State or the regulation of competition for specific markets within the State; ``(E) affiliation with health care institutions; ``(F) sanitation and infection control protocols; ``(G) medical records requirements; ``(H) quality of medical care requirements, including participation in patient safety and medical quality control efforts, such as peer review processes, utilization review, and error reporting systems; and ``(I) the proffer of gifts of monetary value (other than training or educational programs) to referring entities (or personnel employed by such entities) within the State. ``(d) State Authority Over Medical Services Subject to Harmonization Requirement.--A State may prescribe regulations relating to the provision of helicopter medical services with respect to the following, if such regulations are harmonized with, and do not infringe upon, any applicable Federal operating requirements: ``(1) The establishment of appropriate medical criteria for determining the appropriate medical institution to receive a patient being transported from the scene at which the patient's injury or accident, or other event resulting in the need for medical services for the patient, occurred. ``(2) The specification of service requirements with respect to geographic areas within the State or during specified hours and days. ``(3) The coordination of flight requests for emergency helicopter medical services. ``(4) The compliance with accreditation requirements regarding medical services, except where such requirements infringe upon relevant Federal operating requirements. ``(5) The provision of emergency helicopter medical services to all persons for whom such services are medically necessary and appropriate. ``(e) State Authority Over Medical Services Subject to Consistency Requirement.-- ``(1) In general.--Subject to paragraph (2), a State may prescribe regulations relating to the provision of helicopter medical services with respect to the following, if such regulations are consistent with, and do not infringe upon, any applicable Federal operating requirements: ``(A) The necessary medical equipment and supplies to be carried on board or affixed to the helicopter. ``(B) The physical attributes of the helicopter-- ``(i) necessary for the provision of quality medical care, including-- ``(I) permanently installed climate control systems capable of meeting specified temperature settings; ``(II) a configuration that allows adequate access to the patient, medical equipment, and medical supplies by the helicopter medical personnel; ``(III) use of materials in the helicopter that are appropriate for proper patient care; ``(IV) sufficient electrical supply to support medical equipment without compromising helicopter power; and ``(V) the ability of the helicopter to transport a patient a certain distance without refueling within the State; and ``(ii) necessary-- ``(I) for the protection of helicopter personnel, ground medical personnel, and emergency response personnel; and ``(II) to ensure that the helicopter has no structural or functional defects that may adversely affect such personnel, such as by requiring tailroter illumination for loading patients at night or external search lights. ``(C) Communication capabilities enabling-- ``(i) the helicopter medical personnel to communicate with emergency medical services and public safety personnel and personnel at medical institutions that receive patients transported by providers of helicopter medical services; and ``(ii) the flightcrew to communicate with the helicopter medical personnel, to the extent that the communications do not interfere with the safe operation of the flight. ``(2) Limitations.-- ``(A) Providers licensed in multiple states.--If a provider of helicopter medical services is licensed to provide such services in more than one State and the regulations established pursuant to this subsection by the States in which the provider is licensed are inconsistent, the provider shall comply with the most stringent of such regulations. ``(B) Nondelegation requirement.--A State may not delegate authority provided under this subsection to a political subdivision of the State. ``(f) Interstate Agreements.--In regulating the provision of helicopter medical services pursuant to this section, a State shall, if necessary, establish regulations or negotiate mutual aid agreements with adjacent States or providers of helicopter medical services in adjacent States to ensure access to helicopter medical services across State borders. ``(g) Definitions.--In this section: ``(1) Helicopter medical services.--The term `helicopter medical services' means the helicopter transport of a patient, in both emergency and nonemergency situations, as well as the medical services provided to such patient in the course of transport by such helicopter. ``(2) Federal operating requirements.--The term `Federal operating requirements' means requirements under part A of subtitle VII of title 49, United States Code, and Federal aviation regulations set forth in title 14, Code of Federal Regulations. ``(3) Referring entities.--The term `referring entity' means any entity that dispatches or provides a referral for a provider of helicopter medical services, such as a medical institution, an agency providing emergency medical services, or a first responder.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``40130. Clarification of State authority over intrastate helicopter medical services.''.

Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel; and (2) the obligation of providers of helicopter medical services to comply with a state's health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots. Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient; (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days; (3) coordination of flight requests for emergency helicopter medical services; (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements; and (5) provision of emergency helicopter medical services to all persons where needed. Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements. Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter; (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel; and (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical services that is licensed in more than one state where state helicopter medical services regulations are inconsistent to comply with the most stringent regulation. Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states, or providers of helicopter medical services in such states, to ensure access to such services across state borders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childcare Accountability and Responsibility Act of 2009'' or the ``CARE for Kids Act of 2009''. SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following new section: ``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM. ``(a) Criminal Background Check.-- ``(1) Requirement of a criminal background check.--A State and national criminal background check for a child care staff member of a child care provider is required in any State that receives funds under this subchapter. The criminal background check shall include-- ``(A) a search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); ``(B) a search of the National Crime Information Center; ``(C) a search of the State criminal registry or repository in the State in which the child care staff member resides and each State where such staff member previously resided; ``(D) a search of State-based abuse and neglect registries and databases, including the abuse and neglect registries and databases of each State where the child care staff member previously resided; and ``(E) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. ``(2) Submittal of requests.--Subject to paragraph (3), a child care provider shall submit a request for a State and national criminal background check to the appropriate State agency designated by the State-- ``(A) for each child care staff member prior to its submission of an application for a State child care license, except that this subparagraph shall not apply to any additional applications submitted within a 5- year period after such request for a criminal background check under paragraph (2) and such submission of an application under this subparagraph is made by the child care provider; ``(B) for each child care staff member; ``(C) for each prospective child care staff member prior to their beginning date of employment; and ``(D) in each 5-year period after the date of the child care provider's first request for a criminal background check for the child care staff member. ``(3) Limitation on requests.--Not more than 1 request for a State and national criminal background check under paragraph (2) is required for any child care staff member for each 5-year period after such request for the criminal background check for such staff member. ``(4) Results.--Not later than 10 business days after the date of which a request by a child care provider is made for a State and national criminal background check and is received by the appropriate State agency, such agency shall provide the results of the criminal background check to such provider. ``(5) Ineligibility.--A child care provider shall be ineligible for receipt of a child care certificate as payment for child care services, and a child care staff member shall be ineligible for employment by any child care provider in a State, if any such criminal background check of the child care staff member of the provider reveals a felony conviction for-- ``(A) child abuse or neglect; ``(B) spousal abuse; ``(C) a crime against children (including child pornography); ``(D) a violent crime, including-- ``(i) physical assault or battery; ``(ii) rape; ``(iii) sexual assault; or ``(iv) homicide; or ``(E) a drug-related offense committed within 5 years prior to submission to a criminal background check. ``(6) Appeals.--Not later than 30 days after receipt of the results of a criminal background check, a child care provider may appeal such results to the appropriate State agency designated by the State. ``(7) Fees.--To defray the costs of carrying out the duties described in this subsection, a State may collect 1 fee per criminal background check from a child care provider in an amount not to exceed the actual costs to the State for the administration of all required criminal background checks, and such fee for all required criminal background checks may not exceed a total of $36. ``(b) State Compliance.-- ``(1) Noncompliance.-- ``(A) Penalty.--A State that fails to satisfy the requirements of this section shall not receive 2 percent of the grant funds that it would otherwise be allocated for that fiscal year. ``(B) Unallocated grant funds.--Grant funds not allocated under subparagraph (A) shall be distributed in the first fiscal year that the State meets the requirements. ``(2) Time limitation.--A State shall have 3 years to implement the requirements of this section. ``(3) Extension of time.--The Secretary may grant an extension, no longer than 2 years, to a State that makes a good faith effort to satisfy the requirements of this section. ``(c) Definition.--The term `child care staff member' means an individual that provides child care services for compensation and on a regular basis (other than an individual who is related to the child or children for whom services are provided), regardless of whether the services are provided for a child care provider or a family child care provider. ``(d) Authorization of Appropriations To Conduct Criminal Background Checks.--There are authorized to be appropriated such sums as necessary to offset the administrative costs to conduct State and national criminal background checks under this section.''.

Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolutionary War Historic Preservation Study Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Commission'' means the Revolutionary War Sites Advisory Commission established in section 4; (2) the term ``Secretary'' means the Secretary of the Interior; and (3) the term ``Revolutionary War sites'' means those sites and structures situated in the United States which are thematically tied with the nationally significant events that occurred during the Revolutionary War. SEC. 3. FINDINGS. The Congress finds that-- (1) Revolutionary War sites provide a means for Americans to understand and interpret that period in American history; (2) the historical integrity of many of these sites are at risk because they are located in regions which are undergoing rapid urban and suburban development; and (3) it is important to obtain current information on the significance of such sites, threats to their integrity, and alternatives for their preservation and interpretation for the benefit of the Nation. SEC. 4. ESTABLISHMENT OF REVOLUTIONARY WAR SITES ADVISORY COMMISSION. (a) In General.--There is hereby established the Revolutionary War Sites Advisory Commission. The Commission shall consist of 13 members appointed as follows: (1) Three individuals who are nationally recognized as experts and authorities on the history of the Revolutionary War, and 2 individuals who are nationally recognized as experts and authorities in historic preservation and land use planning, appointed by the Secretary. (2) The Director of the National Park Service or his or her designee. (3) The chair of the Advisory Council on Historic Preservation, or his or her designee. (4) Three individuals appointed by the Speaker of the United States House of Representatives in consultation with the chairman and ranking minority member of the Committee on Natural Resources. (5) Three individuals appointed by the President Pro Tempore of the United States Senate in consultation with the chairman and ranking minority member of the Committee on Energy and Natural Resources. (b) Chair.--The Commission shall elect a chair from among its members. (c) Vacancies.--Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (d) Quorum.--A simple majority of Commission members shall constitute a quorum. (e) Meetings.--The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (f) Compensation.--Members of the Commission shall serve without compensation. Members of the Commission, when engaged in official Commission business, shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (g) Termination.--The Commission established by this section shall terminate 90 days after the transmittal of the report to Congress as provided in section 7(c). SEC. 5. STAFF OF THE COMMISSION. (a) Executive Director.--The Director of the National Park Service, or his or her designee, shall serve as the Executive Director of the Commission. (b) Staff.--The Director of the National Park Service shall, on a reimbursable basis, detail such staff as the Commission may require to carry out its duties. (c) Staff of Other Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. (d) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable. SEC. 6. POWERS OF THE COMMISSION. (a) In General.--The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable. (b) Bylaws.--The Commission may make such bylaws, rules, and regulations, consistent with this Act, as it considers necessary to carry out its functions under this Act. (c) Delegation.--When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (d) Mails.--The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. SEC. 7. DUTIES OF THE COMMISSION. (a) Preparation of Study.--The Commission shall prepare a study of Revolutionary War sites. Such study shall identify the sites, determine the relative significance of such sites, assess short- and long-term threats to their integrity, and provide alternatives for the preservation and interpretation of such sites by Federal, State, and local governments, or other public or private entities, as may be appropriate. The Commission shall research and propose innovative open space and land preservation techniques. Such alternatives may include (but shall not be limited to) designation as units of the National Park System or as affiliated areas. The study may include existing units of the National Park System. (b) Consultation.--During the preparation of the study referred to in subsection (a), the Commission shall consult with the Governors of affected States, affected units of local government, State and local historic preservation organizations, scholarly organizations, and such other interested parties as the Commission deems advisable. (c) Transmittal to the Secretary and Congress.--Not later than 2 years after the date that funds are made available for the study referred to in subsection (a), the Commission shall transmit such study to the Secretary and the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (d) Report.--Whenever the Commission submits a report of the study to the Secretary or the Office of Management and Budget, it shall concurrently transmit copies of that report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Revolutionary War Historic Preservation Study Act of 1994 - Establishes the Revolutionary War Sites Advisory Commission to: (1) prepare a study of Revolutionary War sites which shall identify their significance, determine threats to their integrity, and provide alternatives for their preservation and interpretation; and (2) report to the Secretary of the Interior and specified congressional committees. Requires the Commission to research and propose innovative open space and land preservation techniques such as designation as units of the National Park System (NPS) or as affiliated areas. Allows the study to include existing NPS units. Authorizes appropriations.

SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ AND AFGHANISTAN. (a) In General.--The Director of National Intelligence shall make publicly available on an Internet website all captured documents. (b) Review by Director of National Intelligence.--The Director of National Intelligence may review a captured document before making such document publicly available under subsection (a). The Director shall not be required to make a captured document publicly available under subsection (a) if-- (1) in the case of a captured document that is reviewed by the Director before the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director used to determine it is not appropriate to make a captured document publicly available and such captured document meets such criteria; or (2) in the case of a captured document that is reviewed by the Director on or after the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director shall use to determine if it is not appropriate to make a captured document publicly available and the captured document meets such criteria. (c) Submission of Description of Non-Released Documents.-- (1) Review before date of enactment.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the relevant congressional committees a report containing-- (A) a description of each captured document that, before such date, the Director determined should not be made publicly available; and (B) an explanation as to why the Director does not consider it appropriate to make such captured document publicly available. (2) Review after date of enactment.--Not later than 30 days after the Director of National Intelligence determines that a captured document should not be made publicly available pursuant to subsection (b)(2), the Director shall submit to the relevant congressional committees a report containing a description of such captured document and an explanation as to why the Director does not consider it appropriate to make such document publicly available. (3) Request for document.--The Director of National Intelligence shall make a copy of each captured document available to the relevant congressional committees for review upon request of the Chairman of any of such relevant congressional committees. The Director shall make such copy available in either classified or unclassified form. (d) Publication or Review Date.-- (1) In general.--The Director of National Intelligence shall begin making captured documents publicly available pursuant to subsection (a) not later than 30 days after the date of the enactment of this Act. (2) Documents collected prior to date of enactment.-- (A) In general.--Not later than the date described in subparagraph (B), for each captured document captured or collected before the date of the enactment of this Act, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (B) Dates.--The date described in this subparagraph is-- (i) September 30, 2006, for captured documents captured or collected during Operation Enduring Freedom and Operation Iraqi Freedom; and (ii) March 31, 2007, for captured documents captured or collected during Operation Desert Storm. (3) Documents collected after date of enactment.--For each captured document that is captured or collected on or after the date of the enactment of this Act, not later than 60 days after the date on which such captured document is captured or collected, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (e) Weekly Report.--Not later than 7 days after the date of enactment of this Act, and weekly thereafter until each captured document captured or collected before the date of the enactment of this Act is made publicly available pursuant to subsection (a) or described in a report submitted pursuant to subsection (c), the Director of National Intelligence shall submit to the relevant congressional committees a report describing the progress in making captured documents publicly available. (f) Definitions.--In this section: (1) Captured document.--The term ``captured document'' means a document captured or collected in Afghanistan or Iraq, including a document collected from the Government of Iraq or from a private person and including a document in electronic form, during Operation Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and Select Committee on Intelligence of the Senate.

Requires the Director of National Intelligence to make publicly available on an Internet website all documents captured in Afghanistan or Iraq during Operations Desert Storm, Enduring Freedom, or Iraqi Freedom. Provides conditions under which the Director shall not be required to make a captured document publicly available, including providing a list of retained documents, and the criteria used for such retention, to the congressional intelligence committees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Self-Reliance for the World's Poorest Act of 2002''. SEC. 2. REAUTHORIZATION OF MICROENTERPRISE ASSISTANCE PROGRAMS. (a) Micro- and Small Enterprise Development Credits.--Section 108(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(f)(1)) is amended by inserting ``and $2,000,000 for each of the fiscal years 2003 through 2006'' after ``$1,500,000 for each of fiscal years 2001 and 2002''. (b) Microenterprise Development Grant Assistance.--Section 131(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(d)) is amended by inserting ``and $200,000,000 for each of the fiscal years 2003 through 2006'' after ``$155,000,000 for each of the fiscal years 2001 and 2002''. SEC. 3. POVERTY MEASUREMENT METHODS UNDER MICROENTERPRISE ASSISTANCE PROGRAMS. (a) In General.--Section 131(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(b)) is amended-- (1) in paragraph (3)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``targeted to very poor entrepreneurs'' in the first sentence and inserting ``obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor''; and (ii) by adding at the end of the first sentence before the period the following: ``or as those living on the equivalent of less than $1 per day (as determined by the World Bank)''; and (B) in subparagraph (A)(i), by striking ``entrepreneurs'' and inserting ``clients''; and (2) by adding at the end the following: ``(6) Poverty measurement methods.--(A) The Administrator of the United States Agency for International Development shall, in consultation with appropriate microfinance and microenterprise institutions, develop methods to measure the level of poverty of clients of sustainable poverty-focused microenterpise programs under paragraph (1). ``(B) In developing poverty measurement methods under subparagraph (A), the Administrator shall-- ``(i) utilize cost-efficient sampling methods as opposed to full census methods, using criteria that correlate with characteristics of either those individuals living in the bottom 50 percent below the official poverty line (as established by the national government of the country) or those individuals living on less than $1 per day (as determined by the World Bank), including criteria such as the availability of the basic necessities of life (including nutritious food, climate-appropriate clothing and shelter, and clean water); ``(ii) utilize cost-efficient sampling methods that are appropriate for application by microfinance and microenterprise institutions on an annual basis; and ``(iii) give priority to methods already in use by practitioner institutions that meet the criteria in clauses (i) and (ii), including measures of loan size. ``(C) The Administrator-- ``(i) shall implement interim poverty measurement methods in accordance with this paragraph-- ``(I) with respect to not less than 25 sustainable poverty-focused programs by September 30, 2002; and ``(II) with respect to not less than 40 sustainable poverty-focused programs by September 30, 2003; and ``(ii) shall implement final poverty measurement methods in accordance with this paragraph not later than September 30, 2004. ``(D) In carrying out subparagraph (C)(i), the Administrator shall ensure that the programs described in such subparagraph are equitably distributed among the various countries and regions of the world. ``(E) As of October 1, 2004, grant assistance to a program or service under this subsection shall qualify in whole or in part as targeted assistance to the very poor under paragraph (3) if one of the approved final measurement methods verifies that at least 50 percent of the clients of the program or service are among the very poor as described in paragraph (3).''. (b) Report.--Not later than July 1, 2004, the Administrator of the United States Agency for International Development shall submit to Congress a report that contains-- (1)(A) a description of the interim poverty measurement methods implemented in accordance with section 131(b)(6)(C)(i) of the Foreign Assistance Act of 1961, as added by subsection (a); and (B) an analysis of the results of the application of such poverty measurement methods to sustainable poverty-focused programs under such section; and (2) a description of the proposed final poverty measurement methods to be implemented not later than September 30, 2004, in accordance with section 131(b)(6)(C)(ii) of such Act.

Promoting Self-Reliance for the World's Poorest Act of 2002 - Amends the Foreign Assistance Act of 1961 to reauthorize sustainable poverty-focused microenterprise assistance programs through micro- and small enterprise development credits and microenterprise development grants for developing countries.Revises certain requirements with respect to such programs to require 50 percent of all microenterprise resources to be obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor, that is, those persons living in the bottom 50 percent below the poverty line or those living on the equivalent of less than $1 per day. Requires the Administrator of the United States Agency for International Development (AID) to develop and implement certain interim methods to measure the level of poverty of clients of sustainable poverty-focused microenterprise programs under the Act.

SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. RETENTION OF PRESIDENTIAL AUTHORITY OVER USE OF NATIONAL GUARD OF THE DISTRICT OF COLUMBIA TO RESPOND TO HOMELAND DEFENSE EMERGENCIES. (a) In General.--Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 909. Control of National Guard of the District of Columbia for homeland defense activities ``Notwithstanding the authority of the Mayor of the District of Columbia as the Commander-in-Chief of the National Guard of the District of Columbia, as provided by section 6 of the Act entitled `An Act to provide for the organization of the militia of the District of Columbia, and for other purposes', approved March 1, 1889 (sec. 49-409, D.C. Official Code), the President retains control over units and members of the National Guard of the District of Columbia to conduct homeland defense activities that the President determines to be necessary and appropriate for participation by the National Guard units or members.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``909. Control of National Guard of the District of Columbia for homeland defense activities.''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (e) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection: ``(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.''. (d) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Personnel Matters.--Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (g) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (h) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (i) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.

Amends the District of Columbia Code to make the Mayor of the District of Columbia (under current law, the President of the United States) the Commander-in-Chief of the National Guard of the District. Provides that, notwithstanding the authority of the Mayor of the District of Columbia as such Commander-in-Chief, the President shall retain control over units and members of the District of Columbia National Guard to conduct necessary and appropriate homeland defense activities.

SECTION 1. EXCISE TAX ON GROSS RECEIPTS DERIVED FROM CRUISES. (a) In General.--Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after section 4472 the following: ``PART II--AD VALOREM TAX ``Sec. 4476. Imposition of tax. ``Sec. 4477. Definitions. ``SEC. 4476. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax, there is hereby imposed a tax of 5 percent of the allocable amount with respect to any covered passenger cruise. ``(b) By Whom Paid.--The tax imposed by this section shall be paid by the person providing the covered passenger cruise. ``SEC. 4477. DEFINITIONS. ``For purposes of this section-- ``(1) Covered passenger cruise.-- ``(A) In general.--The term `covered passenger cruise' means a voyage of a commercial passenger cruise vessel-- ``(i) that extends over 1 or more nights, and ``(ii) during which passengers embark or disembark the vessel in the United States. ``(B) Exceptions for certain voyages.--Such term shall not include any voyage-- ``(i) on any vessel owned or operated by the United States, a State, or any subdivision thereof, ``(ii) which occurs exclusively on the inland waterways of the United States, or ``(iii) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. ``(2) Passenger cruise vessel.-- ``(A) In general.--The term `passenger cruise vessel' means any passenger vessel-- ``(i) having berth or stateroom accommodations for at least 250 passengers, and ``(ii) that is used in the business of carrying passengers for hire. ``(B) Exceptions.--Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. ``(C) Definitions.--Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title. ``(3) Allocable amount.--The term `allocable amount' means-- ``(A) in the case in which a majority of the passengers on any covered passenger cruise embark or disembark in the United States, 100 percent of the gross receipts attributable to such covered passenger cruise, and ``(B) in any other case, 50 percent of the gross receipts attributable to such covered passenger cruise. ``(4) United states.--The term `United States' includes any possession of the United States.''. (b) Conforming Amendment.--Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by striking all preceding section 4471 and inserting the following: ``Subchapter B--Transportation by Water ``Part I--Per Passenger Tax ``Part II--Ad Valorem Tax ``PART I--PER PASSENGER TAX ``Sec. 4471. Imposition of tax. ``Sec. 4472. Definitions.''. (c) Effective Date.--The amendments made by this section shall apply to voyages made after the date of the enactment of this Act. SEC. 2. INTERMODAL INFRASTRUCTURE TRUST FUND. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. INTERMODAL INFRASTRUCTURE TRUST FUND. ``(a) Creation of Trust Fund.--There is hereby established in the Treasury of the United States a trust fund to be known as the `Intermodal Infrastructure Trust Fund', consisting of such amounts as may be appropriated or credited to the Intermodal Infrastructure Trust Fund in this section or section 9602(b). ``(b) Transfers to Intermodal Infrastructure Trust Fund.--There are hereby appropriated to the Intermodal Infrastructure Trust Fund amounts equivalent to the taxes received in the Treasury under section 4471. ``(c) Expenditures From Intermodal Infrastructure Trust Fund.-- Amounts in the Intermodal Infrastructure Trust Fund shall be available, as provided in appropriations Acts, for transportation improvement, including-- ``(1) the construction or improvement of-- ``(A) passenger or freight rail lines, ``(B) highways, ``(C) bridges, ``(D) airports, ``(E) air traffic control systems, ``(F) port or marine facilities, ``(G) inland waterways, ``(H) transmission or distribution pipelines, ``(I) public transportation facilities or systems, ``(J) intercity passenger bus or passenger rail facilities or equipment, and ``(K) freight rail facilities or equipment, and ``(2) planning, preparation, or design of any project described in paragraph (1).''. (b) Clerical Amendment.--The table of sections for subchapter A of Chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Intermodal Infrastructure Trust Fund.''.

Amends the Internal Revenue Code to impose a 5% excise tax on persons providing a covered passenger cruise. Defines "covered passenger cruise" as a voyage of a commercial passenger cruise vessel that extends over one or more nights and during which passengers embark and disembark the vessel in the United States. Defines "passenger cruise vessel" as any passenger vessel having berth or stateroom accommodations for at least 250 passengers and that is used in the business of carrying passengers for hire. Establishes in the Treasury the Intermodal Infrastructure Trust Fund to be funded by the per passenger excise tax. Allows expenditures from such Fund for specified transportation improvements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal and Estuarine Land Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Coastal and estuarine areas provide important nursery habitat for two-thirds of the United States commercial fish and shellfish, provide nesting and foraging habitat for coastal birds, harbor significant natural plant communities, and serve to facilitate coastal flood control and pollutant filtration. (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) recognizes the national importance of these areas and their ecological vulnerability to anthropogenic activities by establishing a comprehensive Federal and State partnership for protecting natural reserves and managing growth in these areas. (3) The National Estuarine Research Reserve system established under that Act relies on the protection of pristine designated areas for long-term protection and for the conduct of education and research critical to the protection and conservation of coastal and estuarine resources. (4) Intense development pressures within the coastal watershed are driving the need to provide coastal managers with a wider range of tools to protect and conserve important coastal and estuarine areas. (5) Protection of undeveloped coastal lands through the acquisition of interests in property from a willing seller are a cost-effective means of providing these areas with permanent protection from development. (6) Permanent protection of lands in the coastal zone is a necessary component of any program to maintain and enhance coastal and estuarine areas for the benefit of the United States, including protection of water quality, access to public beachfront, conserving wildlife habitat, and sustaining sport and commercial fisheries. (7) Federal, State, and nongovernmental organization pilot land acquisition projects have already substantially contributed to the long-term health and viability of coastal and estuarine systems. (8) Enhanced protection of estuarine and coastal areas can be attained through watershed-based acquisition strategies coordinated through Federal, State, regional, and local efforts. (9) Conserving coastal and estuarine lands can support the traditional economic and natural resource bases of communities in the coastal watershed, including well-managed forests that demonstrate outstanding ecological, recreational, historical, and aesthetic attributes. SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION PROGRAM. (a) In General.-- (1) Establishment.--The Secretary of Commerce shall establish a Coastal and Estuarine Land Protection Program (hereinafter referred to as the ``program''), in cooperation with appropriate State, regional, and other units of Government for the purposes of protecting the environmental integrity of important coastal and estuarine areas, including wetlands and forests, that have significant conservation, recreation, ecological, historical, aesthetic, or watershed protection values, and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses. (2) Administration.--The program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the head of the Office of Ocean and Coastal Resource Management. (b) Property Acquisition Grants.--The Secretary shall make grants under the program to coastal States with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of-- (1) a Coastal Zone Management Plan or Program approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (2) a National Estuarine Research Reserve management plan; or (3) a regional or State watershed protection plan involving coastal States with approved coastal zone management plans. (c) Grant Process.--The Secretary shall allocate grants authorized under subsection (b) to coastal States or National Estuarine Research Reserves through a competitive grant process in accordance with the following requirements: (1) The Secretary shall consult with the State's coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this Act (if different from the coastal zone management program). (2) Each participating State, after consultation with nongovernmental and local governmental entities, shall identify priority conservation needs within the State, the values to be protected by inclusion of lands in the program, and the threats to those values that should be avoided. (3) Each participating State shall evaluate how the acquisition of property or easements might impact working waterfront needs. (4) The applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the landowner relevant to administration and management of the land. (5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. (6) The governor of the State, or the lead agency designated by the governor for coordinating the implementation of this Act, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submittal to the Secretary. (7) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological or watershed protection value. (8) In developing guidelines under this section, the Secretary shall consult with other Federal agencies and non- governmental entities with expertise in land acquisition and conservation procedures. (9) Eligible States or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire lands in cooperation with nongovernmental entities and Federal agencies. (10) The Secretary shall develop measures that will ensure that property or interests in property acquired in whole or in part through the use of funds under the program are acquired only from willing sellers. (11) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program's effectiveness in accomplishing its purposes, and shall submit such evaluations to Congress not less often than once every 3 years. (d) Matching Requirements.-- (1) In general.--The Secretary may not make a grant of Federal funds under the program unless such Federal funds are matched by non-Federal funds in accordance with this subsection. (2) Maximum federal share.-- (A) 75 percent federal funds.--Subject to subparagraph (B), not more than 75 percent of the funding for any project funded with a grant made under the program shall be derived from Federal sources. (B) Waiver of requirement.--The Secretary may grant a waiver of the limitation in subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate. (3) Other federal funds.--If a grant awarded under the program represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law. (4) Source of matching cost share.--For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following: (A) The value of land or a conservation easement may be used as non-Federal match if the lands are identified in project plans and acquired within 3 years prior to the submission of the project application or after the submission of a project application until the project grant is closed (not to exceed 3 years). The appraised value of the land at the time of project closing will be considered the non-Federal cost share. The value of land that is held by a nongovernmental organization may be used for such purpose if it is held in perpetuity by a qualified conservation organization, as determined by the Secretary. (B) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non-Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. (e) Reservation of Funds for National Estuarine Research Reserve Sites.--No less than 15 percent of funds made available under the program shall be available for acquisitions benefitting National Estuarine Research Reserves. (f) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the program. The Secretary shall provide a report to Congress with an account of all expenditures under this section for fiscal year 2009 and not less often than once every 3 years thereafter. (g) Title and Management of Acquired Property.--If any property is acquired in whole or in part with funds made available through a grant under the program, the grant recipient shall provide such assurances as the Secretary may require that-- (1) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; (2) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and (3) if the property or interest in land is sold, exchanged, or divested, funds equal to the correct value will be returned to the Secretary in accordance with applicable Federal law for re-distribution in the grant process. (h) Definitions.--In this section: (1) Coastal state.--The term ``coastal State'' has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)). (2) Conservation easement.--The term ``conservation easement'' includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this Act except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. (3) Interest in property.--The term ``interest in property'' includes a conservation easement. (4) Other terms.--Any term used in this section that is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) has the meaning given that term in that section. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act for fiscal years 2009 through 2013.

Coastal and Estuarine Land Protection Act - Directs the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of undeveloped coastal and estuarine areas. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, or a regional or state watershed protection plan. Prohibits any more than 75% of the funding for any project funded with a grant made under the program from being derived from federal sources. Reserves 15% of program funds for acquisitions benefitting the National Estuarine Research Reserve. Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient or another public agency designated by the recipient in perpetuity; (2) property will be managed consistent with the purpose of the Program; and (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested.

SECTION 1. PRIORITY OF CLAIMS FOR RETIREE HEALTH BENEFITS. (a) Definition.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (4) through (12A) as paragraphs (3) through (12), respectively, (2) by redesignating paragraphs (48) through (55) as paragraphs (53) through (68), respectively, (3) by inserting after paragraph (47) the following: ``(52) `retiree health benefits' means payments to any entity or person for the purpose of providing or reimbursing payments for retired employees and their spouses and dependents, for medical, surgical, or hospital care benefits under any plan, fund, or program (through the purchase of insurance or otherwise) maintained or established in whole or in part by the debtor prior to filing a petition commencing a case under this title;'', and (4) by redesignating paragraphs (21A) through (47) as paragraphs (22) through (51), respectively, (b) Priority Under Chapter 7.--(1) Section 726(a)(1) of title 11, United States Code, is amended to read as follows: ``(1) first-- ``(A) except as provided in subparagraph (B), in payment of claims of the kind specified in, and in the order specified in section 507 of this title, proof of which is timely filed under section 501 of this title or tardily filed before the date on which the trustee commences distribution under this section; and ``(B) immediately after payment of claims of the kind specified in section 507(a)(4), in payment of allowed unsecured claims for retiree health benefits, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues;''. (2) Section 724(b)(2) of title 11, United States Code, is amended by inserting ``, and to holders of claims for retiree health benefits payable under section 726(a)(1)(B) of this title,'' after ``this title''. (c) Priority Under Chapter 11.--Section 1129(a) of title 11, United States Code, is amended-- (1) in paragraph (9)-- (A) in subparagraph (B)-- (i) by inserting ``subject to subparagraph (D)'' after ``receive'', and (ii) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(D) if liquidation is proposed in the plan, with respect to a class of claims for retiree health benefits, such class will receive immediately after payment of claims of the kinds specified in paragraphs (1), (2), (3), and (4) of section 507(a) of this title-- ``(i) if such class has accepted the plan, deferred cash payments of a value, as of the effective date of the plan; or ``(ii) if such class has not accepted the plan, cash on the effective date of the plan; equal to the allowed aggregate amount of such claims, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues.'', and (2) by amending paragraph (13) to read as follows: ``(13) The plan provides-- ``(A) except as provided in subparagraph (B), for the continuation after its effective date of payment of all retiree benefits (as defined in section 1114 of this title) at the level established pursuant to subsection (e)(1)(B) or (g) of section 1114 of this title, at any time prior to confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits; and ``(B) if the plan provides for liquidation, for the payment of allowed unsecured claims for retiree health benefits, but only to the extent of the aggregate amount that represents $10,000 multiplied by the number of former employees with respect to whom a retiree health benefit accrues.''. SEC. 2. RULE OF CONSTRUCTION. The amendments made by this Act shall not be construed to limit any priority to which claims for retiree health benefits are entitled under the provisions of title 11 of the United States Code that are not amended by this Act. SEC. 3. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 1 shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--(1) Except as provided in paragraph (2), the amendments made by section 1 shall apply only with respect to cases commenced under title 11, United States Code, after the date of the enactment of this Act. (2) The amendments made by section 1 shall apply with respect to-- (A) cases commenced under chapter 11 of title 11, United States Code, on or after March 1, 1989; and (B) cases converted from chapter 11 of title 11, United States Code, to chapter 7 of such Code on or after September 1, 1991.

Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Amendments Act of 2015''. SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT. Except as otherwise expressly provided, wherever 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 National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP. (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by striking ``may'' and inserting ``shall''. (b) Placements in Congress.--Such section is further amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) in paragraph (1), as designated by paragraph (1), in the second sentence, by striking ``A fellowship'' and inserting the following: ``(2) Placement priorities.-- ``(A) In general.--In each year in which the Secretary awards a legislative fellowship under this subsection, when considering the placement of fellows, the Secretary shall prioritize placement of fellows in the following: ``(i) Positions in offices of, or with members on, committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration. ``(ii) Positions in offices of members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. ``(B) Equitable distribution.--In placing fellows in offices described in subparagraph (A), the Secretary shall ensure, to the maximum degree practicable, that placements are equitably distributed among the political parties. ``(3) Duration.--A fellowship''. (c) Effective Date.--The amendments made by subsection (b) shall apply with respect to the first calendar year beginning after the date of enactment of this Act. (d) Sense of Congress Concerning Federal Hiring of Former Fellows.--It is the sense of Congress that in recognition of the competitive nature of the fellowship under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the exceptional qualifications of fellowship awardees, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, should encourage participating Federal agencies to consider opportunities for fellowship awardees at the conclusion of their fellowship for workforce positions appropriate for their education and experience. SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is amended to read as follows: ``(E) accept donations of money and, notwithstanding section 1342 of title 31, United States Code, of voluntary and uncompensated services;''. (b) Priorities.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish priorities for the use of donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider among those priorities the possibility of expanding the Dean John A. Knauss Marine Policy Fellowship's placement of additional fellows in relevant legislative offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance with the recommendations under subsection (c) of this section. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Sea Grant College Program, in consultation with the National Sea Grant Advisory Board and the Sea Grant Association, shall-- (1) develop recommendations for the optimal use of any donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and (2) submit to Congress a report on the recommendations developed under paragraph (1). (d) Construction.--Nothing in this section shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), including amounts-- (1) accepted under section 204(c)(4)(F) of that Act (33 U.S.C. 1123(c)(4)(F)); or (2) appropriated under section 212 of that Act (33 U.S.C. 1131). SEC. 5. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH ACTIVITIES. Section 9 of the National Sea Grant College Program Act Amendments of 2002 (33 U.S.C. 857-20) is repealed. SEC. 6. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY BOARD REPORT. Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended-- (1) in the heading, by striking ``Biennial'' and inserting ``Periodic''; and (2) in the first sentence, by striking ``The Board shall report to the Congress every two years'' and inserting ``Not less frequently than once every 3 years, the Board shall submit to Congress a report''. SEC. 7. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM. Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter before paragraph (1), by inserting ``for research, education, extension, training, technology transfer, and public service'' after ``financial assistance''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``;''; and (C) by adding at the end the following: ``(G) $72,000,000 for fiscal year 2015; ``(H) $75,600,000 for fiscal year 2016; ``(I) $79,380,000 for fiscal year 2017; ``(J) $83,350,000 for fiscal year 2018; ``(K) $87,520,000 for fiscal year 2019; ``(L) $91,900,000 for fiscal year 2020; and ``(M) $96,500,000 for fiscal year 2021.''; (2) in the heading for paragraph (2), by inserting ``for fiscal years 2009 through 2014'' after ``Priority activities''; and (3) by adding at the end the following: ``(3) Priority activities for fiscal years 2015 through 2020.--In addition to the amounts authorized under paragraph (1), there is authorized to be appropriated $6,000,000 for each of fiscal years 2015 through 2020 for competitive grants for the following: ``(A) University research on the biology, prevention, and control of aquatic nonnative species. ``(B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. ``(C) University research on the biology, prevention, and forecasting of harmful algal blooms. ``(D) University research, education, training, and extension services and activities focused on coastal resilience and U.S. working waterfronts and other regional or national priority issues identified in the strategic plan under section 204(c)(1). ``(E) University research on sustainable aquaculture techniques and technologies. ``(F) Fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding.''. (b) Modification of Limitations on Amounts for Administration.-- Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read as follows: ``(1) Administration.-- ``(A) In general.--There may not be used for administration of programs under this title in a fiscal year more than 5.5 percent of the lesser of-- ``(i) the amount authorized to be appropriated under this title for the fiscal year; or ``(ii) the amount appropriated under this title for the fiscal year. ``(B) Critical staffing requirements.-- ``(i) In general.--The Director shall use the authority under subchapter VI of chapter 33 of title 5, United States Code, to meet any critical staffing requirement while carrying out the activities authorized in this title. ``(ii) Exception from cap.--For purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this title in a fiscal year.''. (c) Allocation of Funding.-- (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is amended-- (A) in the matter before subparagraph (A), by striking ``With respect to sea grant colleges and sea grant institutes'' and inserting ``With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects''; and (B) in subparagraph (B), in the matter before clause (i), by striking ``funding among sea grant colleges and sea grant institutes'' and inserting ``funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects''. (2) Repeal of requirements concerning distribution of excess amounts.--Section 212 (33 U.S.C. 1131) is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. SEC. 9. TECHNICAL CORRECTIONS. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended-- (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by moving clause (vi) two ems to the right; and (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended by section 6, in the third sentence, by striking ``The Secretary shall'' and inserting the following: ``(3) Availability of resources of department of commerce.--The Secretary shall''.

National Sea Grant College Program Amendments Act of 2015 This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program. The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA may give fellowships. Those fellowships support graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. NOAA must give priority placement of those fellows placed in the legislative branch in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. NOAA must attempt to ensure that placements are equitably distributed among political parties. NOAA must establish priorities for the use of donations given for the National Sea Grant College Program. The bill authorizes through FY2020 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2020 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding, and (2) priority issues identified in the National Sea Grant College Program's strategic plan.

SECTION 1. PUBLIC SCHOOL REPAIR AND RENOVATION. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``TITLE XII--PUBLIC SCHOOL REPAIR AND RENOVATION ``SEC. 12001. FINDINGS. ``Congress finds as follows: ``(1) The General Accounting Office estimated in 1995 that it would cost $112,000,000,000 to bring our Nation's school facilities into good overall condition. ``(2) The General Accounting Office also found in 1995 that 60 percent of the Nation's schools, serving 28,000,000 students, reported that 1 or more building features, such as roofs and plumbing, needed to be extensively repaired, overhauled, or replaced. ``(3) The National Center for Education Statistics reported that the average age for a school building in 1998 was 42 years and that local educational agencies with relatively high rates of poverty tend to have relatively old buildings. ``(4) School condition is positively correlated with student achievement, according to a number of research studies. ``(5) The results of a recent survey indicate that the condition of schools with large proportions of students living on Indian lands is particularly poor. ``(6) While school repair and renovation are primarily a State and local concern, some States and communities are not, on their own, able to meet the burden of providing adequate school facilities for all students, and the poorest communities have had the greatest difficulty meeting this need. It is, therefore, appropriate for the Federal Government to provide assistance to high-need communities for school repair and renovation. ``SEC. 12002. PURPOSE. ``The purpose of this title is to assist high-need local educational agencies in making urgent repairs and renovations to public school facilities in order to-- ``(1) reduce health and safety problems, including violations of local or State fire codes, faced by students; and ``(2) improve the ability of students to learn in their school environment. ``SEC. 12003. AUTHORIZED ACTIVITIES. ``(a) In General.--A recipient of a grant or loan under this title shall use the grant or loan funds to carry out the purpose of this title by-- ``(1) repairing or replacing roofs, electrical wiring or plumbing systems; ``(2) repairing, replacing, or installing heating, ventilation, or air conditioning systems; ``(3) ensuring that repairs and renovations under this title comply with the requirements of section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 relating to the accessibility of public school programs to individuals with disabilities; and ``(4) making other types of school repairs and renovations that the Secretary may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff such as violations of State or local fire codes. ``(b) Limitation.--The Secretary shall not approve an application for a grant or loan under this title unless the applicant demonstrates to the Secretary's satisfaction that the applicant lacks sufficient funds, from other sources, to carry out the repairs or renovations for which the applicant is requesting assistance. ``SEC. 12004. GRANTS TO LOCAL EDUCATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF STUDENTS LIVING ON INDIAN LANDS. ``(a) Grants Authorized.--From funds available under section 12008(a), the Secretary shall award grants to local educational agencies to enable the agencies to carry out the authorized activities described in section 12003 and subsection (e). ``(b) Eligibility.--A local educational agency is eligible for a grant under this section if the number of children determined under section 8003(a)(1)(C) of this Act for that agency constituted at least 50 percent of the number of children who were in average daily attendance at the schools of such agency during the preceding school year. ``(c) Allocation of Funds.--The Secretary shall allocate funds available to carry out this section to eligible local educational agencies based on their respective numbers of children in average daily attendance who are counted under section 8003(a)(1)(C) of this Act. ``(d) Applications.--Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes-- ``(1) a statement of how the agency will use the grant funds; ``(2) a description of the steps the agency will take to adequately maintain the facilities that the agency repairs, renovates, or constructs with those funds; and ``(3) such other information and assurances as the Secretary may reasonably require. ``(e) Construction of New Schools.--In addition to any other activity authorized under section 12003, an eligible local educational agency may use grant funds received under this section to construct a new school if the agency demonstrates to the Secretary's satisfaction that the agency will replace an existing school that is in such poor condition that renovating the school will not be cost-effective. ``SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL EDUCATIONAL AGENCIES. ``(a) Grants Authorized.--From funds available under section 12008(b)(1), the Secretary shall make grants, on a competitive basis, to local educational agencies with poverty rates of 25 percent or greater to enable the agencies to carry out the authorized activities described in section 12003. ``(b) Criteria for Awarding Grants.--In awarding grants under this section, the Secretary shall consider-- ``(1) the poverty rate, the need for school repairs and renovations, and the fiscal capacity of each local educational agency; and ``(2) such other factors as the Secretary determines appropriate. ``(c) Applications.--Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes-- ``(1) a description of the agency's urgent need for school repair and renovation and of how the agency will use funds available under this title to meet those needs; ``(2) information on the fiscal effort that the agency is making in support of education and evidence demonstrating that the agency lacks the capacity to meet the agency's urgent school repair and renovation needs without assistance made available under this title; ``(3) a description of the steps the agency will take to adequately maintain the facilities that the agency repairs or renovates with the assistance; and ``(4) such other information and assurances as the Secretary may reasonably require. ``SEC. 12006. SCHOOL RENOVATION GRANTS AND LOANS. ``(a) Grants and Loans Authorized.--From funds available under section 12008(b)(2), the Secretary shall make grants, and shall pay the cost of loans made, on a competitive basis, to local educational agencies that lack the ability to fund urgent school repairs without a grant or loan provided under this section to enable the agencies to carry out the authorized activities described in section 12003. ``(b) Loan Period.--Each loan under this section shall be for a period of 7 years and shall carry an interest rate of 0 percent. ``(c) Criteria for Making Loans.--In making loans under this section, the Secretary shall consider-- ``(1) the extent of poverty, the need for school repairs and renovations, and the fiscal capacity of each applicant; and ``(2) such other factors as the Secretary determines appropriate. ``(d) Applications.--Each eligible local educational agency that desires to receive a grant or loan under this section shall submit an application to the Secretary that includes the information described in section 12005(c). ``(e) Credit Standards.--In carrying out this section, the Secretary-- ``(1) shall not extend credit without finding that there is reasonable assurance of repayment; and ``(2) may use credit enhancement techniques, as appropriate, to reduce the credit risk of loans. ``SEC. 12007. PROGRESS REPORTS. ``The Secretary shall require recipients of grants and loans under this title to submit progress reports and such other information as the Secretary determines necessary to ensure compliance with this title and to evaluate the impact of activities assisted under this title. ``SEC. 12008. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants Under Section 12004.--For the purpose of making grants under section 12004, there are authorized to be appropriated $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``(b) Grants Under Section 12005 and Grants and Loans Under Section 12006.--For the purpose of making grants under section 12005, and grants and loans under section 12006, there are authorized to be appropriated $1,250,000,000 for fiscal year 2001 and such sums as may be necessary for each of the succeeding 4 years, of which-- ``(1) 10 percent shall be available for grants under section 12005; and ``(2) 90 percent shall be available to make grants and to pay the cost of loans under section 12006. ``(c) Limitation on Loan Volume.--Within the available resources and authority, gross obligations for the principal amount of direct loans offered by the Secretary under section 12006 for fiscal year 2001 shall not exceed $7,000,000,000, or the amount specified in an applicable appropriations Act, whichever is greater. ``SEC. 12009. DEFINITIONS. ``For the purpose of this title, the following terms have the following meanings: ``(1) Local educational agency.--The term `local educational agency' has the meaning given that term in section 14101(18) (A) and (B) of this Act. ``(2) Public school facility.-- ``(A) In general.--The term `public school facility' means a public building whose primary purpose is the instruction of public elementary or secondary students. ``(B) Exclusions.--The term excludes athletic stadiums or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(3) Repair and renovation.--The term `repair and renovation' used with respect to an existing public school facility, means the repair or renovation of the facility without increasing the size of the facility.''.

Requires high-need local educational agencies (LEAs) to use the title XII grants or loans they receive for repairs and renovations to reduce health and safety problems, and to improve the learning environment, with respect to: (1) roofs, electrical wiring, or plumbing repair or replacement; (2) heating, ventilation, or air conditioning systems' repair, replacement, or installation; (3) title XII repairs and renovations compliance with specified accessibility requirements of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; and (4) other types of school repairs and renovations that the Secretary of Education may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff. Requires title XII grant or loan applicants to demonstrate to the Secretary's satisfaction that they lack sufficient funds from other sources to carry out the repairs or renovations for which they are requesting assistance. Provides for the following types and portions of title XII assistance: (1) a specified amount reserved for allocated grants to LEAs with high concentrations of students living on Indian lands (which may be used for new school construction if renovating an existing school would not be cost-effective); (2) ten percent of the remainder for competitive grants to high-poverty LEAs (with at least a quarter of their students being from families with incomes below the poverty line); and (3) 90 percent of such remainder for competitive grants and loans to high-need LEAs that lack the ability to fund urgent school repairs (with a limitation on the amount of the loan volume). Authorizes appropriations. Prohibits title XII assistance for repair or renovation of athletic stadiums or other structures or facilities intended primarily for athletic events for which admission is charged to the general public.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ebola Emergency Response Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the current outbreak of the Ebola virus disease in West Africa poses severe health, economic, and security threats to the countries affected by the outbreak of the Ebola virus disease, the United States, and the broader international community; and (2) the whole-of-government response taken by the United States provides unique capabilities that are critical to effectively helping contain the Ebola virus disease in West Africa, yet the United States alone will not succeed in containing the Ebola virus disease. SEC. 3. STATEMENTS OF POLICY. It shall be the policy of the United States to-- (1) support a robust international response to the Ebola virus disease in West Africa by undertaking a range of activities to immediately help detect, contain, treat, and deter the further spread of the disease; (2) support the efforts of governments of affected countries and of local, regional, and international nongovernmental organizations and civil society organizations working on the front lines of the response to the Ebola virus disease; and (3) work with appropriate security sector personnel engaged in the response to the Ebola virus disease in Guinea, Liberia, and Sierra Leone, as well as with civil society, regional organizations, and the United Nations to enhance border security and create a secure operating environment for health workers and other responders and the communities they are serving, including by repurposing, as necessary and appropriate, existing United States security assistance provided to the affected countries to address immediate border security and law enforcement needs. SEC. 4. INTERNATIONAL EFFORTS TO CONTROL THE OUTBREAK OF THE EBOLA VIRUS DISEASE. In carrying out the policy under section 3, the President shall-- (1) seek to coordinate with the governments of countries of Africa affected by or at risk of being affected by the outbreak of the Ebola virus disease, other donors, the private sector, regional and international financial institutions, local, regional, and international organizations, civil society, and local, regional, and nongovernmental organizations, particularly organizations that possess experience in emergency relief and infection control, to devise and implement a coherent, comprehensive strategy to control the Ebola virus disease and assist affected populations, utilizing all necessary and appropriate assets and capabilities of the United States Government; and (2) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to-- (A) ensure that the United Nations Mission in Liberia is fully protecting individuals under its care from exploitation and abuse, including by soldiers serving under its command, and, within its capabilities and in the context of its mandate to help solidify peace and stability while protecting civilians in Liberia, plays an active role in the emergency response, including by providing logistics and engineering support, as well as securing border crossings, state institutions, and treatment facilities, as necessary and appropriate; and (B) ensure that the United Nations Mission for the Ebola Emergency Response (UNMEER) plays an effective role in aligning donors around a single strategic operating plan to detect, contain, treat, and deter the further spread of Ebola, and that the associated costs for its work are offset by decreases elsewhere in the general budget of the United Nations. SEC. 5. ASSISTANCE TO COUNTRIES AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. (a) Authorization.--Notwithstanding any other provision of law, and consistent with the authorities of section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292), the President is authorized to provide assistance on an emergency basis to countries directly affected by or at imminent risk of being affected by the outbreak of the Ebola virus disease to effectively address such outbreak, by supporting the activities described in subsection (b). (b) Activities Supported.--Activities supported by assistance under subsection (a) are the following: (1) The construction, staffing, and equipping of patient isolation and treatment facilities in sufficient numbers to treat infected persons at the most appropriate locations. (2) The construction and equipping of laboratories in sufficient numbers to ensure accurate testing for the Ebola virus disease and other infectious diseases, as necessary and appropriate, in as rapid a time frame as possible. (3) The provision of vital medical supplies and equipment necessary to contain the outbreak. (4) The recruitment and training of local and international staff on effective disease identification, isolation, contact tracing, and care with respect to the Ebola virus disease, especially the proper use of universal precautions, personal protective equipment, and other infection control measures, to minimize transmission. (5) The recruitment, training, and equipping of safe burial teams, as necessary, to reduce transmission of the Ebola virus disease. (6) The provision of medical evacuations, on a reimbursable basis, for medical and other personnel engaged in the response to the Ebola virus disease who become infected with the disease, as necessary and appropriate. (7) The development of an effective public information campaign to help limit the transmission of the Ebola virus disease, utilizing all appropriate means of communication, including digital, print, broadcast communication, and communications through local health care workers, media, schools, civil society organizations, and faith-based and traditional leaders. (8) The development and deployment of Ebola diagnostics and surveillance tools, as well as vaccines and treatments as they become available and to the extent possible that such vaccines and treatments adhere to strictly enforced informed consent protocols. (9) The provision of emergency food assistance, water and sanitation, shelter, and support for orphans and vulnerable children in communities affected by the Ebola virus disease. (10) The provision of technical assistance to strengthen border control, including enhanced health screening at exit and entry points in the region, to be complemented by appropriate health screening at United States ports of entry. (11) Activities related to sustainable post-outbreak economic recovery and ensuring the stability of countries affected by the Ebola virus disease. (c) Allocation and Reimbursement Among Agencies.-- (1) In general.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to utilize the services and facilities of, or procure commodities from, any agency of the United States Government on a non- reimbursable basis, subject to the written consent of the head of such other agency, and notwithstanding any provision of law relating to limitations on the use of authorities or funding of such other agency. (2) Congressional notification.--The Administrator shall notify the appropriate committees not later than 15 days after the date on which the authority under paragraph (1) is utilized. Such notification shall include the name of the other agency, the value of such services or facilities utilized, or commodities procured, the affected appropriations accounts, and a justification for the utilization of the authority under paragraph (1). SEC. 6. SENSE OF CONGRESS ON INTERNATIONAL SUPPORT TO AVOID ECONOMIC COLLAPSE AND ASSIST WITH POST-CRISIS COUNTRIES DIRECTLY AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. It is the sense of Congress that the President should work with other donors, including international financial institutions, to encourage such other donors to help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing appropriate access to emergency grants and financing tools, as necessary and appropriate, to address fiscal issues that are the direct result of the Ebola virus disease crisis, and to assist with post-crisis economic recovery. SEC. 7. REPORT. (a) In General.--Not later than 6 months after the date on which the President determines that the Ebola epidemic in West Africa has been effectively contained, the President shall submit to the appropriate congressional committees a report that assesses the United States coordination and response to the Ebola epidemic, including how the authorities provided pursuant to this Act were utilized and lessons learned that may have applications in response to future epidemics. (b) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President to carry out section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) $1,801,000,000 for fiscal year 2015.

Ebola Emergency Response Act - Expresses the sense of Congress that: the Ebola virus outbreak in West Africa poses severe health, economic, and security threats to the affected countries, the United States, and the broader international community; and the whole-of-government response taken by the United States provides capabilities critical to helping contain Ebola in West Africa; yet the United States alone will not succeed in containing it. Directs the President to: coordinate with the governments of affected African countries, the private sector, regional and international financial institutions and international organizations, civil society, and nongovernmental organizations to implement a comprehensive Ebola control strategy and assist affected populations; and use U.S. influence at the United Nations (U.N.) to ensure that the U.N. Mission in Liberia is protecting individuals under its care and playing an active emergency response role, and ensuring that the U.N. Mission for the Ebola Emergency Response (UNMEER) is playing an effective role in aligning donors around a plan to detect, contain, treat, and deter Ebola's further spread. Authorizes the President to provide specified emergency assistance to countries directly affected by or at imminent risk of being affected by the Ebola outbreak. Expresses the sense of Congress that the President should work with other donors, including international financial institutions, to encourage them to: (1) help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing access to emergency grants and financing tools to address fiscal issues that are the direct result of the Ebola crisis; and (2) assist with post-crisis economic recovery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Crossing Deterrence Act of 2008''. SEC. 2. EXPANSION OF OPERATION STREAMLINE. (a) In General.--Not later than December 31, 2009, the Secretary of Homeland Security, in Cooperation with the Attorney General, shall expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. (b) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 for each of the fiscal years 2009 through 2018 to carry out this section. SEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY. Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is apprehended while entering, or attempting to enter, the United States at a time and place other than as designated by immigration offices-- ``(1) in the case of a first violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 10 days and not more than 364 days; ``(2) in the case of a second violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 60 days and not more than 2 years; and ``(3) in the case of a third or subsequent violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 90 days and not more than 3 years.''. SEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY. Section 276 (8 U.S.C. 1326) is amended to read as follows: ``SEC. 276. REENTRY OF REMOVED ALIEN. ``(a) Reentry After Removal.--Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 90 days and not more than 2 years. ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty prescribed under subsection (a), an alien described in that subsection who was-- ``(1) convicted for 3 or more misdemeanors or a felony before such removal or departure, shall be fined under title 18, United States Code, and imprisoned for not less than 1 year and not more than 10 years; ``(2) convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, shall be fined under such title, and imprisoned for not less than 2 years and not more than 15 years; ``(3) convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 60 months, shall be fined under such title and imprisoned for not less than 4 years and not more than 20 years; ``(4) convicted for 2 or more felonies before such removal or departure, shall be fined under such title and imprisoned for not less than 4 years and for not more than 20 years; or ``(5) convicted, before such removal or departure, for murder, rape, kidnapping, for a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, shall be fined under such title and imprisoned for not less than 5 years and not more than 20 years. ``(c) Reentry After Repeated Removal.--Any alien who, after having been denied admission, excluded, deported, or removed 2 or more times, enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned for not less than 2 years and not more than 10 years. ``(d) Proof of Prior Convictions.--The prior convictions described in subsection (b) are elements of the crimes described in that subsection, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- ``(1) alleged in the indictment or information; and ``(2) proven beyond a reasonable doubt at trial or admitted by the defendant. ``(e) Affirmative Defenses.--It shall be an affirmative defense to a violation of this section that-- ``(1) the alien had sought and received, before the alleged violation, the express consent of the Secretary of Homeland Security to reapply for admission into the United States; ``(2) with respect to an alien previously denied admission and removed, the alien-- ``(A) was not required to obtain such advance consent under the Immigration and Nationality Act or under any prior Act; and ``(B) had complied with all other laws and regulations governing the alien's admission into the United States; or ``(3) at the time of the prior exclusion, deportation, removal, or denial of admission alleged in the violation, the alien-- ``(A) was younger than 18 years of age; and ``(B) had not been convicted of a crime or adjudicated a delinquent minor by a court of the United States, or a court of a State or territory, for conduct that would constitute a felony if committed by an adult. ``(f) Limitation on Collateral Attack on Underlying Removal Order.--In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien unless the alien demonstrates by clear and convincing evidence that-- ``(1) the alien exhausted all administrative remedies that may have been available to seek relief against the order; ``(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and ``(3) the entry of the order was fundamentally unfair. ``(g) Reentry of Alien Removed Before Completing Term of Imprisonment.--Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be-- ``(1) incarcerated for the remainder of the term of imprisonment, which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien's reentry; and ``(2) subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. ``(h) Limitation.--An individual who provides an alien with emergency humanitarian assistance, including emergency medical care and food, or transports the alien to a location where such assistance can be rendered without compensation or the expectation of compensation may not be prosecuted for aiding and abetting a violation of this section based on the provision of such humanitarian services . ``(i) Definitions.--In this section: ``(1) Felony.--The term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, of any State, or of a foreign government. ``(2) Misdemeanor.--The term `misdemeanor' means any criminal offense punishable by a maximum term of imprisonment of not more than 1 year under the applicable laws of the United States, of any State, or of a foreign government. ``(3) Removal.--The term `removal' includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal. ``(4) State.--The term `State' means any of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR INFRASTRUCTURE. Section 1361 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting the following: ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Destruction of Border Barriers or Infrastructure.--Any alien who damages or destroys fencing or infrastructure, such as cameras, sensors, and vehicle barriers, that has been installed along the international border of the United States by the United States Government shall be fined under this title and imprisoned for not less than 5 years.''.

Border Crossing Deterrence Act of 2008 - Directs the Secretary of Homeland Security to expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. Authorizes appropriations. Amends the Immigration and Nationality Act to: (1) revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place; and (2) revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States. Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of U.S. government-installed border barriers or infrastructure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) as a tool to justify Federal actions by the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Chair of the Council on Environmental Quality to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide represent the hypothetical cost of 1 incremental ton of carbon dioxide, methane, or nitrous oxide emissions in a given year; (2) the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003-- (A) guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and (B) instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States; (3) first developed in 2009 by an interagency working group that included the Department of Energy, the Environmental Protection Agency, and the Council on Environmental Quality, the estimates for the social cost of carbon, as well as the subsequently developed estimates of the social cost of methane, and the social cost of nitrous oxide fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (4) while the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon instead calculates the global benefits in lieu of, not in addition to, the domestic costs of a rule, regulation, or action; (5) the use of the estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, in the rulemakings of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality without public notice and an adequate opportunity for comment violates scientific peer review requirements; (6) the Environmental Protection Agency relied upon the social cost of methane, without appropriate peer review or opportunity for public notice and comment, in justifying the costs and benefits of the September 2015 proposed and the June 2016 finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector; (7) the Department of the Interior used the social cost of methane estimate to justify the costs and benefits of the final rule entitled ``Waste Prevention, Production Subject to Royalties, and Resource Conservation'' (81 Fed. Reg. 83008 (November 18, 2016)); (8) the Council on Environmental Quality issued final guidance on August 1, 2016, that, with respect to a monetary cost-benefit analysis for an evaluation of a proposed Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), directed the head of each Federal agency to include the social cost of carbon in any consideration of the effect of greenhouse gas emissions; (9) the regulations of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality are costing families of the United States billions of dollars each year and are justified, in large part, by the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; (10) continued use of the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality ignores sound science for the purpose of eliminating the exploration, mining, production, and use of the abundant domestic sources of fossil fuel energy of the United States; (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1, 2017)) states that the policy of the United States is to alleviate any unnecessary regulatory burden on the people of the United States; and (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg. 16093 (March 31, 2017))-- (A) disbands the interagency working group referred to in paragraph (3); (B) withdraws the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; and (C) directs Federal agencies, in monetizing the value of changes in greenhouse gas emissions as a result of a regulation, to follow the document of the Office of Management and Budget entitled ``Circular A- 4'' and dated September 17, 2003, by using the discount rates specified in that document and evaluating only the domestic effects of the regulation. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Social cost of carbon.--The term ``social cost of carbon'' means-- (A) the estimate of the social cost of carbon described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii)(I) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (3) Social cost of methane.--The term ``social cost of methane'' means-- (A) the estimate of the social cost of methane described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' (80 Fed. Reg. 56593 (September 18, 2015)); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016)); (iii) the regulatory impact analysis entitled ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'', prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (iv)(I) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year. (4) Social cost of nitrous oxide.--The term ``social cost of nitrous oxide'' means-- (A) the estimate of the social cost of nitrous oxide described in-- (i) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (ii) any other successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year. SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF METHANE, AND THE SOCIAL COST OF NITROUS OXIDE. (a) In General.--The Secretary of Energy, under any authority, the Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary of the Interior, under any authority, and the Chair of the Council on Environmental Quality, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide-- (1) as part of any cost-benefit analysis required under-- (A) any law; (B) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or (C) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review); (2) in any rulemaking; (3) in the issuance of any guidance; (4) in taking any other agency action; or (5) as a justification for any rulemaking, guidance document, or agency action. (b) Exception.--The Secretary of Energy, the Administrator, the Secretary of the Interior, and the Chair of the Council on Environmental Quality may consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide in carrying out an activity described in subsection (a) only if, after the date of enactment of this Act-- (1) a Federal law is enacted that explicitly authorizes the consideration; or (2) the Secretary of Energy, the Administrator, the Secretary of the Interior, or the Chair of the Council on Environmental Quality uses an estimate for the social cost of carbon, social cost of methane, or social cost of nitrous oxide that-- (A) complies with the requirements of the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (B) uses the discount rates of 3 and 7 percent specified in that document; (C) considers only the domestic costs and benefits of the activity; and (D) uses only-- (i) the most up to date and empirically estimated equilibrium climate sensitivity distributions; and (ii) realistic time horizons. SEC. 5. REPORT OF THE ADMINISTRATOR. Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Chair of the Council on Environmental Quality, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.

Transparency and Honesty in Energy Regulations Act of 2017 This bill prohibits the Department of Energy, the Environmental Protection Agency (EPA), the Department of the Interior, and the Council on Environmental Quality from considering the social cost of carbon, methane, or nitrous oxide as part of any cost benefit analysis in the rule making process, unless a federal law is enacted authorizing such consideration. They may also consider those social costs if they use an estimate that: (1) complies with the requirements of the Office of Management and Budget's "Circular A-4" document; (2) uses the discount rates of three and seven percent specified in that document; (3) considers only the domestic costs and benefits of the activity; and (4) uses only the most up to date and empirically estimated equilibrium climate sensitivity distributions, and realistic time horizons. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2017''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Establishment 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 ``Sec. ``1021. Establishment. ``1022. Appointment, term, and removal 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 (in this chapter referred to as the `Office'). ``Sec. 1022. Appointment, term, and removal of Inspector General ``(a) Appointment.--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. ``(b) Term.--The Inspector General shall serve for a term of 4 years and may be reappointed by the Chief Justice of the United States for any number of additional terms. ``(c) Removal.--The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. ``Sec. 1023. Duties ``With respect to the judicial branch, the Office shall-- ``(1) conduct investigations of alleged misconduct in the judicial branch (other than the United States Supreme Court) under chapter 16 that may require oversight or other action within the judicial branch or by Congress; ``(2) conduct investigations of alleged misconduct in the United States Supreme Court that may require oversight or other action within the judicial branch or by Congress; ``(3) conduct and supervise audits and investigations; ``(4) prevent and detect waste, fraud, and abuse; and ``(5) recommend changes in laws or regulations governing the judicial branch. ``Sec. 1024. Powers ``(a) Powers.--In carrying out the duties of the Office, the Inspector General shall have the power to-- ``(1) make investigations and reports; ``(2) 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) 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) administer to or take from any person an oath, affirmation, or affidavit; ``(5) employ such officers and employees, subject to the provisions of title 5, 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) obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and ``(7) 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. ``(b) Chapter 16 Matters.--The Inspector General shall not commence an investigation under section 1023(1) until the denial of a petition for review by the judicial council of the circuit under section 352(c) of this title or upon referral or certification to the Judicial Conference of the United States of any matter under section 354(b) of this title. ``(c) Limitation.--The Inspector General shall not have the authority to-- ``(1) investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge, justice, or court; or ``(2) punish or discipline any judge, justice, or court. ``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 the Chief Justice or Congress. ``(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, justice, 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) Technical and Conforming Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following: ``60. Inspector General for the judicial branch............ 1021''.

Judicial Transparency and Ethics Enhancement Act of 2017 This bill amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch to investigate alleged misconduct in the judicial branch, including the Supreme Court; to conduct and supervise audits and investigations; and to prevent and detect waste, fraud, and abuse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Livestock Protection and Ranching Opportunity Act of 2014''. SEC. 2. SENSE OF CONGRESS REGARDING COUNTRY OF ORIGIN LABELING. It is the sense of Congress that-- (1) the overwhelming majority of consumers in the United States want to know where animals used to produce the meat eaten by the consumers is born, raised, and slaughtered; (2) country-of-origin labeling provides information that consumers in the United States have a right to know; and (3) country-of-origin labeling facilitates supply chain information critical for food safety. SEC. 3. PROHIBITION ON IMPORTATION OF FRESH MEAT AND MEAT PRODUCTS FROM COUNTRIES WITH FOOT-AND-MOUTH DISEASE. Section 10404 of the Animal Health Protection Act (7 U.S.C. 8303) is amended by adding at the end the following: ``(d) Prohibition on Importation of Fresh Meat and Meat Products From Countries With Foot-and-Mouth Disease.--Notwithstanding any other provision of law, until the date on which the Secretary of Agriculture certifies to Congress that a country is free of foot-and-mouth disease without vaccination, the Secretary may not-- ``(1) allow the importation of fresh meat or meat products from that country; or ``(2) initiate, administer, finalize, or enforce any rulemaking allowing for the new importation of any fresh meat or meat product from that country.''. SEC. 4. BRUCELLOSIS RESEARCH AND COMPENSATION. (a) Livestock Disease Initiative.--Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after the title heading the following: ``SEC. 401. LIVESTOCK DISEASE INITIATIVE. ``(a) In General.--There is established in the Department a livestock disease initiative under which the Secretary shall provide to eligible entities competitive grants for research and development described in subsection (d). ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a Federal agency; ``(2) a National Laboratory; ``(3) an institution of higher education; ``(4) a research institution; or ``(5) a State agricultural experiment station. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to research and development relating to bovine brucellosis, bovine tuberculosis, and other zoonotic diseases in livestock that are covered by a high-priority research and extension initiative authorized under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925). ``(d) Use of Grants.--An entity that receives a grant under this section shall use the grant to conduct research and development relating to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety, as determined by the Secretary. ``(e) Matching Funds.-- ``(1) In general.--In awarding grants under this section, the Secretary may give priority to proposals from eligible entities that provide matching funds for the grants in a manner as determined by the Secretary, but shall not require eligible entities to have matching funds as a requirement of being awarded a grant. ``(2) Exemption.--The matching funds requirement under section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) shall not apply in the case of a grant awarded under this section. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2018.''. (b) Assistance for Losses Due to Brucellosis.--Section 1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) is amended-- (1) in paragraph (1)(A), by inserting ``or brucellosis'' after ``fire condition'' both places it appears; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) brucellosis, as described in paragraph (6).''; and (3) by adding at the end the following: ``(6) Assistance for losses due to brucellosis.-- ``(A) In general.--An eligible livestock producer may receive assistance under this paragraph only if the grazing losses occur due to quarantine of livestock under section 10407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8306) due to brucellosis infection in the Greater Yellowstone Designated Surveillance Area, as determined by the Secretary. ``(B) Payment rate.--The payment rate for assistance under this paragraph shall be equal to 60 percent of the monthly feed cost (as determined under paragraph (3)(C)) for the total number of livestock of the eligible livestock producer subject to quarantine.''. SEC. 5. LIVESTOCK INDEMNITY PAYMENTS. Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended by striking paragraph (2) and inserting the following: ``(2) Payment rates.--Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the higher of, as determined by the Secretary-- ``(A) the market value of the applicable livestock on the earliest day that information is available to the Secretary; or ``(B) the applicable nationwide price of the applicable livestock for the previous calendar year.''. SEC. 6. LIVESTOCK FORAGE DISASTER PROGRAM. Section 1501(c)(3)(C) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(C)) is amended by adding at the end the following: ``(iv) High-value forage.--The Secretary may provide for a price adjustment in the monthly feed cost in the case of high-value forage, as determined by the Secretary.''.

American Livestock Protection and Ranching Opportunity Act of 2014 - Expresses the sense of Congress that: the majority of consumers in the United States want to know where animals used to produce the meat eaten are born, raised, and slaughtered; country-of-origin labeling provides information that consumers have a right to know; and country-of-origin labeling facilitates supply chain information critical for food safety. Amends the Animal Health Protection Act to prohibit the Secretary of Agriculture (USDA) from allowing or advancing regulations that allow the importation of fresh meat and meat products from a country until the Secretary certifies to Congress that a country is free of foot-and-mouth disease without vaccination. Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a USDA livestock disease initiative to provide competitive grants for research and development related to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety. Makes federal agencies, national laboratories, institutions of higher education, research institutions, and state agricultural experiment stations eligible for grants. Amends the Agricultural Act of 2014 to provide eligible livestock producers with assistance for losses due to brucellosis and to alter the payment rates USDA uses to provide agricultural disaster assistance under the Livestock Indemnity Program and the Livestock Forage Disaster Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Juvenile Criminal Records Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, the United States has experienced a significant increase in juvenile crime, especially with respect to serious and violent offenses; (2) a great proportion of the serious and violent offenses referred to in paragraph (1) are committed by individuals whose past criminal record is not revealed to criminal justice agencies, including courts, because of the current or former status of those individuals as juveniles; (3) in recent years, because of the increased mobility and ease of travel by juvenile offenders, especially members of criminal street gangs, to other States and units of local government, the officials of those States and units of local government are often-- (A) unable to obtain any record of prior serious offenses of those juvenile offenders; and (B) unprepared for the violent behavior of those juvenile offenders; and (4) the inaccessibility of records indicating past violent offenses committed by juvenile offenders-- (A) endangers public safety officers who may encounter those offenders; (B) increases risks to students at schools where those offenders may be enrolled; and (C) prevents judicial officials from making the best decision with respect to such an offender that is necessary to protect innocent citizens. SEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Y as part Z; (2) by redesignating section 2501 as section 2601; and (3) by inserting after part X the following: ``PART Y--INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS ``SEC. 2501. DEFINITION. ``In this part, the term `violent criminal gang' means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal, that engages in, or has engaged in within a 2-year period preceding the date on which criminal history records are entered for purposes of this part, 2 or more felonies or serious misdemeanors committed in furtherance of, or in connection with, that group. ``SEC. 2502. INCENTIVE GRANTS. ``(a) In General.--With funds made available to carry out this part, the Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants to States and units of local government (or any combination thereof) to enable-- ``(1) States to assist units of local government in carrying out programs described in paragraphs (1) through (3) of subsection (b); and ``(2) States and units of local government to carry out the programs described in paragraphs (1) through (3) of subsection (b). ``(b) Purposes.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants under subsection (a)-- ``(1) to establish programs to obtain fingerprints and photographs of juveniles arrested for the offenses described in paragraph (2)(A); ``(2) to establish, develop, update, or upgrade the criminal history records systems of State and local governments to-- ``(A) include arrest, detention, and disposition records, fingerprints, photographs, and (if used) DNA barcodes, for juveniles arrested or detained for-- ``(i) violent offenses which, if committed by an adult, would be a felony or serious misdemeanor; ``(ii) serious drug offenses which, if committed by an adult, would be a felony or serious misdemeanor; ``(iii) serious property crimes which, if committed by an adult, would be a felony; ``(iv) illegal possession, use, or carrying of a handgun, or other firearm; or ``(v) participation in violent criminal gangs or other violent criminal organizations; ``(B) maintain the records described in subparagraph (A) at the State agency responsible for the operation of the adult criminal history record system of that State; ``(C) submit such information to the Federal Bureau of Investigation as is necessary to enable the records described in subparagraph (A) to be accessed in the same manner as are records for adult criminal histories; and ``(D) ensure that, each time an information on a criminal offense or activity described in subparagraph (A) or other criminal offense is reported to a State repository for juvenile and adult criminal records described in subparagraph (B), a criminal history including information that relates to that individual for the preceding 5-year period is submitted to that repository; ``(3) to establish, develop, update, or upgrade the criminal information systems of State and local governments, and regional intelligence sharing systems, to-- ``(A) include identification, and criminal investigative and intelligence information concerning adults who participate in the illegal activities of violent criminal gangs or other violent criminal organizations; ``(B) maintain the records described in subparagraph (A) at the appropriate State agency; and ``(C) submit such information as is necessary to enable the records referred to in subparagraph (B) to be accessed, to the Federal Bureau of Investigation or a regional intelligence sharing system; and ``(4) to establish State programs to provide financial assistance to units of local government, if necessary to meet any purpose specified in paragraphs (1) through (3). ``(c) Applications.--To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General, acting through the Director of the Bureau of Justice Statistics (who shall consult with the Director of the Federal Bureau of Investigation), shall require. ``(d) Application Requirements.-- ``(1) Formula grants.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(a) only to a State with respect to which the chief executive officer submits an application under subsection (c) that provides assurances that are satisfactory to the Attorney General that the State will use the assistance provided under the grant to carry out programs that meet the purposes described in paragraphs (1) through (3) of subsection (b). The State may provide for the participation of units of local government in the grant program that is the subject of a grant application. ``(2) Discretionary grants.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(b) to a State or unit of local government (or a combination of a State and 1 or more units of local government) that provides assurances that the State, unit of local government, or combination will use the assistance provided under the grant to carry out at least 1 program that meets at least 1 of the purposes described in paragraphs (1) through (3) of subsection (b). ``SEC. 2503. ALLOCATION OF GRANTS. ``(a) Formula Grants.--Of the total amount made available by appropriations to carry out this part for each fiscal year, 90 percent shall be used to make grants to eligible States described in section 2502(d)(1) that submit an application that the Attorney General, acting through the Director of the Bureau of Justice Statistics, determines to be satisfactory in accordance with the following formula: ``(1) the greater of 0.25 percent of that amount or $250,000 shall be allocated to each eligible State; and ``(2) of the total amount remaining after the allocation under paragraph (1) (referred to in this paragraph as the `remaining funds'), there shall be allocated to each State an amount which bears the same ratio to the remaining funds as the population of that State bears to the population of all States. ``(b) Discretionary Grants.--Of the total amount made available to carry out this part for each fiscal year, 10 percent shall be used by the Attorney General, acting through the Director of the Bureau of Justice Statistics, for grants to States and units of local government that submit an application that the Attorney General, acting through the Director, determines to meet the requirements of section 2502(d)(2). ``(c) Contracting Authority.--A State that receives a grant under this section may enter into a contract with a person or entity to carry out an activity that is related to a purpose specified in section 2502(b). ``SEC. 2504. FUNDING SOURCE. ``Appropriations for activities authorized in this part may be made from the Violent Crime Reduction Trust Fund.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``Part Y--Incentive Grants for State and Local Criminal Records Systems ``Sec. 2501. Definition. ``Sec. 2502. Incentive grants. ``Sec. 2503. Allocation of grants. ``Sec. 2504. Funding source. ``Part Z--Transition-Effective Date-Repealer ``Sec. 2601. Continuation of rules, authorities, and proceedings.''. (c) Authorization of Appropriations.--Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended-- (1) in paragraph (3), by striking ``and X'' and inserting ``X, and Y''; and (2) by adding at the end the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $50,000,000 for fiscal year 1998; ``(B) $50,000,000 for fiscal year 1999; ``(C) $50,000,000 for fiscal year 2000; ``(D) $50,000,000 for fiscal year 2001; and ``(E) $50,000,000 for fiscal year 2002.''.

Violent Juvenile Criminal Records Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make incentive grants to States and local governments to: (1) establish programs to obtain fingerprints and photographs of juveniles arrested for certain violent or serious criminal offenses; and (2) establish, develop, update, or upgrade the criminal history records of such entities to include arrest, detention, and disposition records, fingerprints, photographs, and (if used) barcodes for juveniles arrested or detained for such offenses. Requires such information to be submitted to the Federal Bureau of Investigation for access in the same manner as records for adult criminal histories. Provides for: (1) grant application requirements; (2) the allocation of grant funds according to a specified formula; (3) appropriations for such activities through the Violent Crime Reduction Trust Fund; and (4) the authorization of appropriations for FY 1998 through 2002.

SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE. (a) Definitions.--In this Act: (1) Essential mineral right.--The term ``essential mineral right'' means a right to mine sand and gravel at Rocky Flats, as depicted on the map. (2) Fair market value.--The term ``fair market value'' means the value of an essential mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice. (3) Map.--The term ``map'' means the map entitled ``Rocky Flats National Wildlife Refuge'', dated July 25, 2005, and available for inspection in appropriate offices of the United States Fish and Wildlife Service and the Department of Energy. (4) Natural resource damage liability claim.--The term ``natural resource damage liability claim'' means a natural resource damage liability claim under subsections (a)(4)(C) and (f) of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) arising from hazardous substances releases at or from Rocky Flats that, as of the date of enactment of this Act, are identified in the administrative record for Rocky Flats required by the National Oil and Hazardous Substances Pollution Contingency Plan prepared under section 105 of that Act (42 U.S.C. 9605). (5) Rocky flats.--The term ``Rocky Flats'' means the Department of Energy facility in the State of Colorado known as the ``Rocky Flats Environmental Technology Site''. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Trustees.--The term ``Trustees'' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). (b) Purchase of Essential Mineral Rights.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, such amounts authorized to be appropriated under subsection (c) shall be available to the Secretary to purchase essential mineral rights at Rocky Flats. (2) Conditions.--The Secretary shall not purchase an essential mineral right under paragraph (1) unless-- (A) the owner of the essential mineral right is a willing seller; and (B) the Secretary purchases the essential mineral right for an amount that does not exceed fair market value. (3) Limitation.--Only those funds authorized to be appropriated under subsection (c) shall be available for the Secretary to purchase essential mineral rights under paragraph (1). (4) Release from liability.--Notwithstanding any other law, any natural resource damage liability claim shall be considered to be satisfied by-- (A) the purchase by the Secretary of essential mineral rights under paragraph (1) for consideration in an amount equal to $10,000,000; (B) the payment by the Secretary to the Trustees of $10,000,000; or (C) the purchase by the Secretary of any portion of the mineral rights under paragraph (1) for-- (i) consideration in an amount less than $10,000,000; and (ii) a payment by the Secretary to the Trustees of an amount equal to the difference between-- (I) $10,000,000; and (II) the amount paid under clause (i). (5) Use of funds.-- (A) In general.--Any amounts received under paragraph (4) shall be used by the Trustees for the purposes described in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)), including-- (i) the purchase of additional mineral rights at Rocky Flats; and (ii) the development of habitat restoration projects at Rocky Flats. (B) Condition.--Any expenditure of funds under this paragraph shall be made jointly by the Trustees. (C) Additional funds.--The Trustees may use the funds received under paragraph (4) in conjunction with other private and public funds. (6) Exemption from national environmental policy act.--Any purchases of mineral rights under this subsection shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (7) Rocky flats national wildlife refuge.-- (A) Transfer of management responsibilities.--The Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd note; Public Law 107-107) is amended-- (i) in section 3175-- (I) by striking subsections (b) and (f); and (II) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and (ii) in section 3176(a)(1), by striking ``section 3175(d)'' and inserting ``section 3175(c)''. (B) Boundaries.--Section 3177 of the Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd note; Public Law 107-107) is amended by striking subsection (c) and inserting the following: ``(c) Composition.-- ``(1) In general.--Except as provided in paragraph (2), the refuge shall consist of land within the boundaries of Rocky Flats, as depicted on the map-- ``(A) entitled `Rocky Flats National Wildlife Refuge'; ``(B) dated July 25, 2005; and ``(C) available for inspection in the appropriate offices of the United States Fish and Wildlife Service and the Department of Energy. ``(2) Exclusions.--The refuge does not include-- ``(A) any land retained by the Department of Energy for response actions under section 3175(c); ``(B) any land depicted on the map described in paragraph (1) that is subject to 1 or more essential mineral rights described in section 3114(a) of the National Defense Authorization Act for Fiscal Year 2006 over which the Secretary shall retain jurisdiction of the surface estate until the essential mineral rights-- ``(i) are purchased under subsection (b) of that Act; or ``(ii) are mined and reclaimed by the mineral rights holders in accordance with requirements established by the State of Colorado; and ``(C) the land depicted on the map described in paragraph (1) on which essential mineral rights are being actively mined as of the date of enactment of this subparagraph until-- ``(i) the essential mineral rights are purchased; or ``(ii) the surface estate is reclaimed by the mineral rights holder in accordance with requirements established by the State of Colorado. ``(3) Acquisition of additional land.--Notwithstanding paragraph (2), upon the purchase of the mineral rights or reclamation of the land depicted on the map described in paragraph (1), the Secretary shall-- ``(A) transfer the land to the Secretary of the Interior for inclusion in the refuge; and ``(B) the Secretary of the Interior shall-- ``(i) accept the transfer of the land; and ``(ii) manage the land as part of the refuge.''. (c) Funding.--Of the amounts authorized to be appropriated to the Secretary for the Rocky Flats Environmental Technology Site for fiscal year 2006, $10,000,000 shall be made available to the Secretary for the purposes described in subsection (b).

States that specified funds authorized to be appropriated to the Secretary of Energy for the Rocky Flats Environmental Technology Site (Colorado) shall be available to the Secretary for the purchase of essential mineral rights at Rocky Flats. Prescribes related conditions under which any natural resource damage liability claim shall be deemed to be satisfied. Exempts mineral rights purchased under this Act from the National Environmental Policy Act of 1969. Amends the Rocky Flats National Wildlife Refuge Act of 2001 to repeal the mandate for a Memorandum of Understanding in connection with the transfer to the Secretary of the Interior of management responsibilities and jurisdiction over Rocky Flats. Repeals, also, the prohibiton against any reduction in funds available to the Secretary of Energy for cleanup and closure of Rocky Flats as a result of such transfer. Revises the composition of the Rocky Flats National Wildlife Refuge and excludes specified lands subject to certain essential mineral rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Affordability and Equity Act of 1999''. SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS AND INDIVIDUALS WITH COBRA COVERAGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS AND INDIVIDUALS WITH COBRA COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 60 percent of the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Dollar Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for eligible months during such taxable year. ``(2) Monthly limitation.--The monthly limitation for any eligible month is the amount equal to \1/12\ of-- ``(A) $1,200 if, as of the first day of such month, the taxpayer has self-only coverage under qualified health insurance, and ``(B) $2,400 if, as of the first day of such month, the taxpayer has family coverage under qualified health insurance. ``(3) Eligible month.--For purposes of this subsection-- ``(A) In general.--The term `eligible month' means any month which begins at least 1 year after the most recent month that the individual-- ``(i) was eligible to participate in any group health plan of an employer which provided qualified health insurance (determined without regard to subsection (d)(2)), or ``(ii) participated in any group health plan of any other entity which provided such insurance. ``(B) Joint returns.--In the case of a joint return, a month shall be treated as an eligible month only if it is an eligible month of each spouse, determined by applying this paragraph separately to each spouse. ``(4) Certain other coverage.--Amounts paid for coverage of an individual for any month shall not be taken into account under subsection (a) if, as of the first day of such month, such individual is covered under any medical care program described in-- ``(A) title XVIII, XIX, or XXI of the Social Security Act, ``(B) chapter 55 of title 10, United States Code, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 89 of title 5, United States Code, or ``(E) the Indian Health Care Improvement Act. ``(5) Special rule for married individuals.--In the case of an individual-- ``(A) who is married (within the meaning of section 7703) as of the close of the taxable year but does not file a joint return for such year, and ``(B) who does not live apart from such individual's spouse at all times during the taxable year, the limitation under paragraph (2)(A) (and not the limitation under paragraph (2)(B)) shall apply to such individual. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The aggregate amount which would (but for this subsection) be allowed as a credit under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.-- ``(A) In general.--The amount determined under this paragraph shall be the amount which bears the same ratio to such aggregate amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable dollar amount, bears to ``(ii) $10,000. ``(B) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Rounding.--Any amount determined under subparagraph (A) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of paragraph (2), the term `applicable dollar amount' means-- ``(A) $60,000 in the case of a taxpayer whose qualified health insurance coverage covers more than 1 individual referred to in subsection (a), and ``(B) $30,000-- ``(i) in any case not described in subparagraph (A), and ``(ii) in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this paragraph, the term `qualified health insurance' means insurance which constitutes medical care, as defined in section 213(d) without regard to-- ``(A) paragraph (1)(C) thereof, and ``(B) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(2) Exclusion of coverage provided under group health plans, etc.--Such term shall not include insurance provided through any group health plan of an employer or any other entity. ``(3) Exclusion of certain other contracts.--Such term shall not include insurance if a substantial portion of its benefits are excepted benefits (as defined in section 9832(c)). ``(e) Individuals With COBRA Coverage.--In the case of continuation coverage under a group health plan which is required to be provided by Federal law for an individual during the period specified in section 4980B(f)(2)(B), notwithstanding subsection (d)-- ``(1) such coverage shall be treated as qualified health insurance, and ``(2) the term `eligible month' includes months of such coverage. ``(f) Special Rules.-- ``(1) Coordination with other deductions.--No credit shall be allowed under this section for the taxable year if any amount paid for qualified health insurance is taken into account in determining the deduction allowed for such year under section 213 or 222. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2000, each dollar amount in subsection (c)(3) 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 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Health insurance costs of previously uninsured individuals and individuals with COBRA coverage.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND SELF-EMPLOYED INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2000................................... 60 2001................................... 70 2002................................... 80 2003................................... 90 2004 and thereafter.................... 100. ``(2) Special rule.--In the case of an individual who is an employee within the meaning of section 401(c)(1) and whose qualified health insurance is not provided through a group health plan of an employer, paragraph (1) shall be applied by substituting `100' for `90' but only with respect to the lesser of the taxpayer's earned income (within the meaning of section 401(c)) or the payments referred to in subsection (a). ``(c) Exclusion of Subsidized Coverage.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any group health plan of an employer or any other entity if less than 50 percent of the cost of the taxpayer's coverage under such plan is borne by the taxpayer. A rule similar to the rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of this subsection. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' has the meaning given such term by section 25B(d) determined without regard to paragraph (2) thereof. ``(2) Special rule.-- ``(A) In general.--In the case of an individual who is an employee within the meaning of section 401(c)(1) and whose qualified health insurance (without regard to this paragraph) is not provided through a group health plan of an employer, paragraph (3) of section 25B(d) shall not apply for purposes of this section. ``(B) Limitation.--The amount taken into account under subsection (a) by reason of subparagraph (A) shall not exceed the excess of-- ``(i) the taxpayer's earned income (within the meaning of section 401(c)), over ``(ii) the amount which would (without regard to this paragraph) be taken into account under subsection (a). ``(e) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1)(A) Paragraph (1) of section 162(l) of such Code is amended by striking ``the amount paid'' and all that follows and inserting ``the eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for any qualified long-term care insurance contract (as defined in section 7702B(b)) covering the taxpayer, his spouse, and dependents.'' (B) Paragraph (2) of section 162(l) of such Code is amended by striking subparagraph (C). (2) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Costs of qualified health insurance.--The deduction allowed by section 222.'' (3) 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. Costs of qualified health insurance. ``Sec. 223. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Allows as a deduction an amount equal to the applicable percentage of the amount paid for qualified health insurance coverage for a taxpayer, his spouse, and dependents. Increases, incrementally, the percentage from 60 percent in calendar year 2000 to 100 percent for calendar years 2004 and thereafter. Excludes coverage under which less than 50 percent of the cost of coverage is borne by the taxpayer.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Consumer Phone Records Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Unauthorized acquisition, use, or sale of confidential customer proprietary network telephone information. Sec. 3. Enhanced confidentiality procedures. Sec. 4. Penalties; extension of confidentiality requirements to other entities. Sec. 5. Enforcement by Federal Trade Commission. Sec. 6. Concurrent enforcement by Federal Communications Commission. Sec. 7. Enforcement by States. Sec. 8. Preemption of State law. Sec. 9. Consumer outreach and education. SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK TELEPHONE INFORMATION. (a) In General.--It is unlawful for any person-- (1) to acquire or use the customer proprietary network information of another person without that person's affirmative written consent, which shall include electronic consent that meets the requirements of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.); (2) to misrepresent that another person has consented to the acquisition or use of such other person's customer proprietary network information in order to acquire such information; (3) to obtain unauthorized access to the data processing system or records of a telecommunications carrier or an IP- enabled voice service provider in order to acquire the customer proprietary network information of 1 or more other persons; (4) to sell, or offer for sale, customer proprietary network information; or (5) to request that another person obtain customer proprietary network information from a telecommunications carrier or IP-enabled voice service provider, knowing that the other person will obtain the information from such carrier or provider in any manner that is unlawful under this subsection. (b) Exceptions.-- (1) Application with section 222 of communications act of 1934.--Subsection (a) does not prohibit a telecommunications carrier or an IP-enabled voice service provider or any third party that lawfully obtains customer proprietary network information from a carrier or provider from engaging in any act or practice that was not prohibited by section 222 of the Communications Act of 1934 (47 U.S.C. 222) or regulations that are consistent with the provisions of section 222, as that section and those regulations were in effect on the day before the date of enactment of this Act. (2) Application of other laws.--This Act does not prohibit any act or practice otherwise authorized by law, including any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States. (3) Treatment of ip-enabled voice service providers.-- Notwithstanding any other provision of this section, an IP- enabled voice service provider may engage in any act or practice with respect to customer proprietary network information in which a telecommunications carrier may engage under paragraph (1) of this subsection. (4) Caller id.--Nothing in this Act prohibits the use of caller identification services by any person to identify the originator of telephone calls received by that person. (c) Private Right of Action for Providers.-- (1) In general.--A telecommunications carrier or IP-enabled voice service provider may bring a civil action in an appropriate State court, or in any United States district court that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, or for any judicial district in which the carrier or service provider resides or conducts business-- (A) based on a violation of this section or the regulations prescribed under this section to enjoin such violation; (B) to recover for actual monetary loss from such a violation, or to receive $11,000 in damages for each such violation, whichever is greater; or (C) both. (2) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1) of this subsection. (3) Inflation adjustment.--The $11,000 amount in paragraph (1)(B) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (d) Private Right of Action for Consumers.-- (1) In general.--An individual who has been injured as a direct result of his or her confidential proprietary network information being obtained, used, or sold in violation of this section may file a civil action in any court of competent jurisdiction against the person who caused the injury by violating this section. (2) Remedies.--A court in which such civil action has been brought may award damages of not more than $11,000 for each violation of this section with respect to the plaintiff's customer proprietary network information. (3) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to not more than 3 times the damages determined by the court under paragraph (2). (4) Inflation adjustment.--The $11,000 amount in paragraph (2) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (e) Civil Penalty.-- (1) In general.--Any person who violates this section shall be subject to a civil penalty of not more than $11,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $11,000,000 for any single act or failure to act. (2) Separate violations.--A violation of this section with respect to the customer proprietary network information of 1 person shall be treated as a separate violation from a violation with respect to the customer proprietary network information of any other person. (f) Limitation.--Nothing in this Act or section 222 of the Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to bring a civil action against a telecommunications carrier or an IP- enabled voice service provider. (g) Definitions.--In this section: (1) Customer proprietary network information.--The term ``customer proprietary network information'' has the meaning given that term by-- (A) section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) with respect to telecommunications carriers; and (B) section 715(b)(1) of such Act with respect to IP-enabled voice service providers. (2) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. (3) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given it by section 3(44) of the Communications Act of 1934 (47 U.S.C. 3(44)). SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. (a) In General.--Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall-- (1) revise or supplement its regulations, to the extent the Commission determines it is necessary, to require a telecommunications carrier or IP-enabled voice service provider to protect-- (A) the security and confidentiality of customer proprietary network information (as defined in section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) or as defined in section 715(b)(1) of such Act with respect to IP-enabled voice service providers); (B) customer proprietary network information against any anticipated threats or hazards to its security or confidentiality; and (C) customer proprietary network information from unauthorized access or use that could result in substantial harm or inconvenience to its customers; and (2) ensure that any revised or supplemental regulations are similar in scope and structure to the Federal Trade Commission's regulations in part 314 of title 16, Code of Federal Regulations, as such regulations are in effect on the date of enactment of this Act, taking into consideration the differences between financial information and customer proprietary network information. (b) Compliance Certification.--Each telecommunications carrier and IP-enabled voice service provider to which the regulations under subsection (a) and section 222 or 715 of the Communications Act of 1934 apply shall file with the Commission annually a certification that, for the period covered by the filing, it has been in compliance with those requirements. SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER ENTITIES. (a) Penalties.--Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by inserting after section 508 the following: ``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK INFORMATION VIOLATIONS. ``(a) Civil Forfeiture.-- ``(1) In general.--Any person determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated section 2 of the Protecting Consumer Phone Records Act shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this subsection shall not exceed $30,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act. ``(2) Recovery.--Any forfeiture penalty determined under paragraph (1) shall be recoverable pursuant to section 504(a) of this Act. ``(3) Procedure.--No forfeiture liability shall be determined under paragraph (1) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4) of this Act. ``(4) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under paragraph (1) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability.''. (b) Extension of Confidentiality Requirements to IP-Enabled Voice Service Providers.-- (1) In general.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end thereof the following: ``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.-- ``(1) General duty of confidentiality.--An IP-enabled voice service provider has a duty to protect the confidentiality of proprietary information of, and relating to, other IP-enabled voice service providers, telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by another telecommunications carrier or an IP-enabled voice service provider. ``(2) Carrier information.--An IP-enabled voice service provider that receives or obtains proprietary information from a telecommunications carrier or another IP-enabled voice service provider for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts. ``(3) Customer proprietary network information.--Within 90 days after the date of enactment of the Protecting Consumer Phone Records Act, the Commission shall initiate a rulemaking proceeding to apply the requirements of section 222, and regulations thereunder, to IP-enabled voice service providers to the same extent, in the same manner, and subject to the same penalties for failure to comply with those requirements as are applicable to telecommunications carriers. ``(b) Definitions.--In this section: ``(1) Customer proprietary network information.--The term `customer proprietary network information' has the meaning given that term by section 222(i) of this Act, except that-- ``(A) the reference in section 222(i)(1)(B) of this Act to telephone exchange service or telephone toll service shall be considered to refer also to IP-enabled voice service; and ``(B) it does not include information that is related to non-voice service features bundled with IP- enabled voice service. ``(2) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. ``(3) Other terms.--Except as provided in paragraph (1), any term used in subsection (a) that is defined or used in section 222 of this Act has the same meaning as when used in that section.''. (2) Duty of telecommunications carriers with respect to cpni from ip-enabled voice service providers.--Section 222(a) of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended by inserting after ``carrier.'' the following: ``A telecommunications carrier has the same duties under this section with respect to the confidentiality of proprietary information of, or relating to, an IP-enabled voice service provider, and with respect to customer proprietary network information received or obtained from an IP-enabled voice service provider, as it has under this section with respect to another telecommunications carrier.''. (c) Telecommunications Carrier Notification Requirement.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222), is amended-- (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.-- ``(1) In general.--The Commission shall by regulation require each telecommunications carrier to notify a customer within 14 calendar days after the carrier or provider is notified of, or becomes aware of, an incident in which customer proprietary network information relating to such customer was disclosed to someone other than the customer in violation of this section or section 2 of the Protecting Consumer Phone Records Act. ``(2) Law enforcement and homeland security related delays.--Notwithstanding paragraph (1), a telecommunications carrier may delay the required notification for a reasonable period of time if-- ``(A) a Federal or State law enforcement agency determines that giving notice within the 14-day period would materially impede a civil or criminal investigation; or ``(B) a Federal national security agency or the Department of Homeland Security determines that giv

Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information. Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act. Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information. Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information. Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements. Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law. Requires public education about the protection afforded such information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Nutrition in Medical Education Act of 2004''. SEC. 2. MEDICAL SCHOOL NUTRITION PROGRAMS. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--Medical School Nutrition Programs ``SEC. 775. GRANTS FOR MEDICAL SCHOOL NUTRITION PROGRAMS. ``(a) Authorization.--The Secretary may award grants to accredited schools of medicine to integrate innovative curricula on nutrition into medical education. ``(b) Focus.--The Secretary shall ensure that innovative curricula on nutrition developed and implemented under this section focus on preventive health measures, including the following: ``(1) Education on the causes, treatment, and prevention of obesity. ``(2) Office education and counseling to ensure appropriate diet for mostly healthy people. ``(3) Prevention and treatment of common nutritional deficiencies. ``(4) Appropriate and inappropriate use of herbs and supplements. ``(5) Office recognition and treatment of common eating disorders. ``(6) Identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. ``(c) Use of Funds.--The Secretary may not make a grant under subsection (a) unless the school of medicine involved agrees to expend the grant-- ``(1) to develop innovative curricula on nutrition in accordance with subsection (d); ``(2) to integrate such curricula, to the maximum extent possible, into each year of a student's medical education at the school, including with respect to preclinical and clinical training; and ``(3) to evaluate the results achieved with such curricula. ``(d) Multidisciplinary Planning Committee.-- ``(1) Establishment.--A school of medicine receiving a grant under this section shall establish a multidisciplinary planning committee to develop the innovative curricula on nutrition to be integrated into the school's medical education. ``(2) Membership.--The members of a multidisciplinary planning committee under this subsection-- ``(A) shall include individuals who will be responsible for implementing the proposed curricular changes within the fields and disciplines of the school's medical education program; and ``(B) should include representatives of fields and disciplines outside of the school's medical education program, such as nursing, nutrition, and public health. ``(e) Duration.--Each grant under this section shall be for a period of 2 years. ``(f) Maximum Amount.--The Secretary may not make a grant to any school under this section in an amount that exceeds-- ``(1) $50,000 for any fiscal year; or ``(2) a total of $100,000. ``(g) Application.-- ``(1) In general.--To seek a grant under this section, a school of medicine shall submit an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, an application submitted under paragraph (1) shall include the following: ``(A) A description of the following: ``(i) The expertise in nutrition of the school's course directors and faculty members. ``(ii) The objectives of the program to be carried out with the grant. ``(iii) The projected impact of the program to be carried out with the grant. ``(iv) Any barriers to development or implementation of innovative curricula on nutrition at the school of medicine. ``(v) Strategies for overcoming each such barrier. ``(vi) The school's ability to sustain innovative curricula adopted and implemented with the grant beyond the term of the grant. ``(B) A budget proposal for expending funds under the grant. ``(C) Letters of support for the application from the dean, and the associate dean for education, of the school of medicine. ``(h) Report.--Not later than the end of the 2-year period described in subsection (e) for a grant, the school of medicine receiving the grant shall submit a report to the Secretary. Such report shall include a description of the innovative curricula on nutrition developed by the school and the results achieved through the use of such curricula. ``(i) Dissemination.--Not later than 1 year after the end of the 2- year period described in subsection (e) for all grants awarded under this section, the Secretary shall-- ``(1) prepare a consolidated report on the innovative curricula on nutrition developed by grantees under this section and the results achieved through the use of such curricula; and ``(2) disseminate such report to schools of medicine. ``(j) Definition.--In this section, the term `accredited' means accredited by the Liaison Committee on Medical Education. ``(k) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $4,500,000 for the period of fiscal years 2005 through 2006. ``(2) Administration.--Of the amounts authorized to be appropriated under this section, the Secretary may use not more than $500,000 for costs associated with administration of this section.''.

Enhancing Nutrition in Medical Education Act of 2004 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to award grants to schools of medicine to integrate innovative curricula on nutrition into medical education. Requires the Secretary to ensure that such curricula focus on preventive health measures, including : (1) education on the causes, treatment, and prevention of obesity; (2) office education and counseling to ensure an appropriate diet for mostly healthy people; (3) prevention and treatment of common nutritional deficiencies; (4) the appropriate and inappropriate use of herbs and supplements; (5) office recognition and treatment of common eating disorders; and (6) identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy. Requires grantees to: (1) develop innovative curricula; (2) integrate such curricula into the medical education at the school; (3) evaluate the results achieved with the curricula; (4) establish a multidisciplinary planning committee to develop the curricula; and (5) report to the Secretary on the developed curricula and results achieved. Requires the Secretary to prepare a consolidated report on the curricula and results achieved by grantees and to disseminate such report to schools of medicine.

SECTION 1. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ENERGY CONSERVATION EXPENDITURES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the energy conservation expenditures made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed under subsection (a) with respect to each dwelling unit for the taxable year shall not exceed $2,000. ``(c) Energy Conservation Expenditures.--For purposes of this section-- ``(1) In general.--The term `energy conservation expenditures' means expenditures made by the taxpayer for qualified energy property-- ``(A) which is certified to equal or exceed energy conservation standards for such property or for the installation of such property as prescribed by the Secretary, in consultation with the Secretary of Energy, and ``(B) which is installed on or in connection with a dwelling unit-- ``(i) which is located in the United States, and ``(ii) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or installation of the property. ``(2) Qualified energy property.-- ``(A) In general.--The term `qualified energy property' means-- ``(i) swimming pool and hot tub covers, ``(ii) ceiling insulation, ``(iii) weatherstripping, ``(iv) water heater insulation blankets, ``(v) low-flow showerheads, ``(vi) caulking in ceilings, ``(vii) insulation of plenums and ducts, ``(viii) installation of storm windows with a U-value of 0.45 or less, ``(ix) thermal doors and windows, ``(x) duty cyclers, ``(xi) clock thermostats, ``(xii) evaporative coolers, ``(xiii) whole house fans, ``(xiv) external shading devices, ``(xv) thermal energy storage devices with central control systems, ``(xvi) controls and automatic switching devices between natural and electric lighting, or ``(xvii) any other property that the Secretary of Energy determines to be an effective device for the conservation of energy. ``(d) Certification.-- ``(1) Products.--A certification with respect to a qualified energy property shall be made by the manufacturer of such property. ``(2) Installation.--A certification with respect to the installation of a qualified energy property shall be made by the person who sold or installed the property. ``(3) Form of certifications.--Certifications referred to in this subsection shall be in such form as the Secretary shall prescribe, and, except in the case of a certification by a representative of a local building regulatory authority, shall include the taxpayer identification number of the person making the certification. ``(e) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which if jointly occupied and used during any calendar year as a residence by 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Joint ownership of energy items.-- ``(A) In general.--Any expenditure otherwise qualifying as a energy conservation expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each dwelling unit. ``(5) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. ``(6) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(7) Other applicable rules.--Rules similar to the rules of paragraphs (4) and (5) of section 48(a) shall apply for purposes of this section. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Denial of Double Benefit.--No deduction or other credit shall be allowed under this chapter for any expenditure for which credit is allowed under this section. ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year. ``(i) Application of Section.--This section shall apply to expenditures with respect to property placed in service after December 31, 2000.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Energy conservation expenditures. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2000. SEC. 2. FINANCIAL ASSISTANCE TO RETROFIT SCHOOLS TO INCREASE ENERGY EFFICIENCY AND CONSERVATION. (a) In General.--The Secretary of Energy shall establish a program to be known as the ``Elementary and Secondary School Energy Efficiency and Conservation Program''. (b) Grants.-- In carrying out this section, the Secretary shall provide grants to local educational agencies to retrofit elementary and secondary schools to increase energy efficiency and conservation. (c) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Use of Funds.--Amounts provided to a local educational agency under a grant under this section shall be used to pay the costs of-- (1)(A) energy-efficient heating, ventilation, and air conditioning; and (B) other equipment that would increase the energy efficiency of a school; and (2) insulation and other materials and equipment that would decrease the amount of energy required to operate a school. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to projects to retrofit elementary and secondary schools in low-income school districts. (f) Cost Sharing.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project funded with a grant under this section shall be not more than 50 percent. (2) Financial hardship.--In a case of financial hardship, the Secretary may provide a grant in an amount exceeding 50 percent of the cost of the project. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2002 through 2006. SEC. 3. ELECTRIC UTILITY DISCLOSURE OF PEAK HOUR AND NONPEAK HOUR ELECTRIC ENERGY USE BY CONSUMERS. Each electric utility that sells electric energy at retail shall-- (1) disclose in each billing statement-- (A) the amount of electric energy used by the consumer during peak hours (as defined by the electric utility) and nonpeak hours during the billing period; and (B) the rate charged during peak hours and nonpeak hours during the billing period; and (2) from time to time provide consumers information concerning ways of reducing electric energy consumption during peak hours.

Amends the Internal Revenue Code to allow an annual residential energy credit of up to $2,000 for qualifying conservation expenditures.Directs the Secretary of Energy to establish the Elementary and Secondary School Energy Efficiency and Conservation Program to provide grants to local educational agencies to retrofit schools for increased energy conservation.Requires electric utility company billing statements to provide peak and nonpeak hour energy use and rate information.

SECTION 1. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED FORCES KILLED OR WOUNDED IN TERRORIST ATTACKS WITHIN THE UNITED STATES. (a) Findings.--Congress makes the following findings: (1) The Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission Report'') recognizes that there is a certain ideology that gives rise to terrorism. (2) This ideology that gives rise to terrorism can even influence citizens and residents of the United States to perpetrate attacks within the United States against members of the Armed Forces. (3) Two such attacks have already occurred within the United States, one at a recruiting station in Little Rock, Arkansas, on June 1, 2009, and one at Fort Hood, Texas, on November 5, 2009. (4) According to investigative reports released by the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate at least 33 threats, plots, and strikes related to domestic terrorism against United States military communities have been uncovered since September 11, 2001. (5) These threats, plots, and strikes demonstrate that members of the Armed Forces are at risk of terrorist attack not only when deployed overseas, but also while stationed within the United States. (6) The Department of Defense has recognized the threat posed by terrorist attacks, including those perpetrated by a member of the Armed Forces, by issuing revised regulations, including Army Regulation 381-12 regarding the Military Intelligence Threat Awareness and Reporting Program, to require reporting of potential terrorist insider threat activity, including when a member of the Armed Forces is ``advocating the use of unlawful violence or force to achieve goals that are political, religious, or ideological in nature''. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard) should duly honor those members of the Armed Forces who are killed or wounded in terrorist attacks within the United States that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission Report''). (c) Award of Purple Heart.-- (1) Award required.--Chapter 57 of title 10, United States Code, is amended by inserting after section 1129 the following new section: ``Sec. 1129a. Purple Heart: members killed or wounded by terrorist attacks perpetrated within the United States ``(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of the enemy of the United States. ``(b)(1) A member of the armed forces described in this subsection is a member who the Secretary concerned determines was killed or wounded in a terrorist attack within the United States perpetrated by an individual or individuals expressing a political, religious, or ideological obligation to engage in unlawful violence directed against United States military operations or foreign policy, as described in Army Regulation 318-12 of October 2010 regarding the Military Intelligence Threat Awareness and Reporting Program. ``(2) In this subsection, the term `terrorist attack' means the calculated use of violence or threat of violence to inculcate fear intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological, as described in the Army Regulation referred to in paragraph (1). ``(3) In implementing this section, the Secretary concerned shall make no distinction between `international terrorism' and `domestic terrorism', as those terms are defined in section 2331 of title 18. ``(4) If a terrorist attack referred to in paragraph (1) includes, as victims, members of more than one armed force, the determination required by such paragraph shall be made jointly by the Secretaries of the armed forces concerned. ``(c) Subsection (a) shall not apply to a member of the armed forces whose death or wound is the result of the willful misconduct of the member. ``(d) Nothing in this section shall be interpreted-- ``(1) to affect the designation of any individual alleged to have perpetrated an attack referred to in subsection (b)(1) as an enemy combatant for any purposes under law; or ``(2) to preempt or otherwise affect any legal proceedings relating to such an attack.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 57 of such title is amended by inserting after the item relating of section 1129 the following new item: ``1129a. Purple Heart: members killed or wounded by terrorist attacks perpetrated within the United States.''. (3) Retroactive effective date and application.-- (A) Effective date.--The amendments made by this subsection shall take effect as of January 1, 2009. (B) Review of certain previous incidents.--The Secretaries of the military departments (and the Secretary of Homeland Security with respect to the Coast Guard) shall undertake a review of each death or wounding of a member of the Armed Forces that occurred within the United States between January 1, 2009, and the date of the enactment of this Act under circumstances that could qualify the death or wounding as being the result of a terrorist attack within the United States to determine whether the death or wounding does qualify as a death or wounding resulting from a terrorist attack within the United States for purposes of section 1129a of title 10, United States Code, as added by this subsection. (C) Actions following review.--If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from a terrorist attack within the United States for purposes of such section 1129a, the Secretary of the military department concerned (or the Secretary of Homeland Security with respect to a member of the Coast Guard) shall take appropriate action under such section to award the Purple Heart to the member.

Expresses the sense of Congress that the Secretary of Defense (DOD), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard, should duly honor those members of the Armed Forces who are killed or wounded in the United States in terrorist attacks that are inspired by the ideology that gives rise to terrorism, as defined by the Final Report of the National Commission on Terrorist Attacks Upon the United States. Provides that, for purposes of awarding the Purple Heart, the Secretary of the military department concerned shall treat a member of the Armed Forces who is killed or wounded in a terrorist attack within the United States in the same manner as a member killed or wounded in action due to an act of an enemy of the United States. Makes this Act effective as of January 1, 2009. Directs the Secretaries concerned to: (1) review each death or wounding of a member within the United States between January 1, 2009, and the date of enactment of this Act to determine whether such death or wounding qualifies as a death or wounding resulting from a terrorist attack for purposes of this Act; and (2) upon a positive determination, take appropriate action.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fraud and Abuse Control Act of 1995''. SEC. 2. ESTABLISHMENT OF MEDICARE FRAUD AND ABUSE CONTROL PROGRAM. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program to improve the prevention, detection, and control of fraud and abuse under the medicare program. (b) Award of Portion of Amounts Collected to Individuals Providing Information.--Under the program established pursuant to subsection (a), the Secretary shall pay a portion of any civil monetary penalty assessed under the medicare program to any individual or entity who provided information which served as the basis for the assessment of the penalty, under the same terms and conditions applicable to awards to qui tam plaintiffs under chapter 37 of title 31, United States Code. SEC. 3. PROVIDING INFORMATION ON REPORTING FRAUD AND ABUSE WITH MEDICARE CLAIMS AND BENEFIT FORMS. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``solicitation of information on fraud and abuse ``Sec. 1893. With each explanation of benefits provided to an individual to whom items or services are furnished under this title and with each notice of payment provided to an individual or entity furnishing an item or service for which payment is made under this title, the Secretary shall include a statement soliciting any information the individual or entity may possess on any fraud and abuse committed against the program under this title, together with a toll- free telephone number through which the individual or entity may report such information.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished and payments made under title XVIII of the Social Security Act on or after January 1, 1996. SEC. 4. INCREASE IN AMOUNT OF PENALTIES. (a) In General.-- (1) General civil monetary penalties.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended-- (A) in subsection (a)-- (i) by striking ``$2,000'' and inserting ``$4,000'', and (ii) by striking ``$15,000'' and inserting ``$30,000''; and (B) in subsection (b), by striking ``$2,000'' each place it appears and inserting ``$4,000''. (2) Criminal penalties.--Section 1128B of such Act (42 U.S.C. 1320a-7b) is amended-- (A) in subsection (a)-- (i) by striking ``$25,000'' and inserting ``$50,000'', and (ii) by striking ``$10,000'' and inserting ``$20,000''; (B) in subsections (b), (c), and (d), by striking ``$25,000'' each place it appears and inserting ``$50,000''; and (C) in subsection (e), by striking ``$2,000'' and inserting ``$4,000''. (3) Standards for nursing facilities.-- (A) Providing advance notice of survey to nursing facility.--Section 1819(g)(2)(A)(i) of such Act (42 U.S.C. 1395i@3(g)(2)(A)(i)) is amended by striking ``$2,000'' and inserting ``$4,000''. (B) Noncompliance with nursing facility standards.--Section 1819(h)(2)(B)(ii) of such Act (42 U.S.C. 1395i@3(h)(2)(B)(ii)) is amended by striking ``$10,000'' and inserting ``$20,000''. (4) Failure to provide information on referring physician on unassigned claims.--Section 1833(q)(2)(B)(i) of such Act (42 U.S.C. 1395l(q)(2)(B)(i)) is amended by striking ``$2,000'' and inserting ``$4,000''. (5) Distribution by suppliers of medical equipment of medical necessity forms.--Section 1834(j)(2)(A)(iii) of such Act (42 U.S.C. 1395m(j)(2)(A)(iii)), as added by section 131(a)(1) of the Social Security Act Amendments of 1994, is amended by striking ``$1,000'' and inserting ``$2,000''. (6) Failure to include diagnosis code on unassigned claims.--Section 1842(p)(3)(A) of such Act (42 U.S.C. 1395u(p)(3)(A)) is amended by striking ``$2,000'' and inserting ``$4,000''. (7) Intermediate sanctions for providers or suppliers of clinical diagnostic laboratory tests.--Section 1846(b)(2)(A)(ii) of such Act (42 U.S.C. 1395w@2(b)(2)(A)(ii)) is amended by striking ``$10,000'' and inserting ``$20,000''. (8) Medicare secondary payer.-- (A) Offering financial incentives for beneficiaries not to enroll in primary plans.--The second sentence of section 1862(b)(3)(C) of such Act (42 U.S.C. 1395y(b)(3)(C)) is amended by striking ``$5,000'' and inserting ``$10,000''. (B) Failure of employer to provide matching information on secondary payer situations.--The second sentence of section 1862(b)(5)(C)(ii) of such Act (42 U.S.C. 1395y(b)(5)(C)(ii)) is amended by striking ``$1,000'' and inserting ``$2,000''. (C) Failure of provider to provide information on availability of other payers.--Section 1862(b)(6)(B) of such Act (42 U.S.C. 1395y(b)(6)(B)), as added by section 151(a)(2)(A) of the Social Security Act Amendments of 1994, is amended by striking ``$2,000'' and inserting ``$4,000''. (9) Improper billing by hospitals.--Section 1866(g) of such Act (42 U.S.C. 1395cc(g)) is amended by striking ``$2,000'' and inserting ``$4,000''. (10) Violation of anti-dumping restrictions.--Section 1867(d)(1) of such Act (42 U.S.C. 1395dd(d)(1)) is amended-- (A) by striking ``$50,000'' each place it appears and inserting ``$100,000''; and (B) in subparagraph (A), by striking ``$25,000'' and inserting ``$50,000''. (11) Sanctions against health maintenance organizations.-- Section 1876(i)(6)(B)(i) of such Act (42 U.S.C. 1395mm(i)(6)(B)(i)) is amended-- (A) by striking ``$25,000'' and inserting ``$50,000''; (B) by striking ``$100,000'' and inserting ``$200,000''; and (C) by striking ``$15,000'' and inserting ``$30,000''. (12) Referrals by physicians with ownership or investment interests.-- (A) Improper claims.--Section 1877(g)(3) of such Act (42 U.S.C. 1395nn(g)(3)) is amended by striking ``$15,000'' and inserting ``$30,000''. (B) Circumvention schemes.--Section 1877(g)(4) of such Act (42 U.S.C. 1395nn(g)(4)) is amended by striking ``$100,000'' and inserting ``$200,000''. (C) Failure to report information.--Section 1877(g)(5) of such Act (42 U.S.C. 1395nn(g)(5)) is amended by striking ``$10,000'' and inserting ``$20,000''. (13) Medicare supplemental policies.-- (A) Issuance of policies where no standards in effect.--The second sentence of section 1882(a)(2) of such Act (42 U.S.C. 1395ss(a)(2)) is amended by striking ``$25,000'' and inserting ``$50,000''. (B) Misrepresentations of policies.--Section 1882(d) of such Act (42 U.S.C. 1395ss(d)) is amended-- (i) in paragraphs (1), (2), and (4)(A), by striking ``$5,000'' and inserting ``$10,000''; and (ii) in paragraphs (3)(A) and (3)(B)(iv), by striking ``$25,000 (or $15,000'' and inserting ``$50,000 (or $30,000''. (C) Violation of benefits standards.--Section 1882(p) of such Act (42 U.S.C. 1395ss(p)) is amended by striking ``$25,000 (or $15,000'' each place it appears in paragraphs (8) and (9)(C) and inserting ``$50,000 (or $30,000''. (D) Violation of guaranteed renewability standards.--Section 1882(q)(5)(C) of such Act (42 U.S.C. 1395ss(q)(5)(C)) is amended by striking ``$25,000'' and inserting ``$50,000''. (E) Violation of loss ratio standards.--Section 1882(r)(6)(A) of such Act (42 U.S.C. 1395ss(r)(6)(A)) is amended by striking ``$25,000'' and inserting ``$50,000''. (F) Violation of pre-existing condition standards.--Section 1882(s)(3) of such Act (42 U.S.C. 1395ss(s)(3)) is amended by striking ``$5,000'' and inserting ``$10,000''. (G) Medicare select policies.--Section 1882(t)(2) of such Act (42 U.S.C. 1395ss(t)(2)) is amended by striking ``$25,000'' and inserting ``$50,000''. (14) Violation of home health participation standards.-- Section 1891 of such Act (42 U.S.C. 1395bbb) is amended-- (A) in subsection (a)(3)(D)(iii)(III), by striking ``$5,000'' and inserting ``$10,000''; (B) in subsection (c)(1), by striking ``$2,000'' and inserting ``$4,000'' ; and (C) in subsection (f)(2)(A)(i), by striking ``$10,000'' and inserting ``$20,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply to civil monetary penalties imposed with respect to acts or omissions occurring on or after January 1, 1996.

Medicare Fraud and Abuse Control Act of 1995 - Directs the Secretary of Health and Human Services to establish a federal program to prevent, detect, and control fraud and abuse under Medicare. Requires the Secretary to pay a portion of any civil monetary penalty for a Medicare violation to any person or entity whose information led to the imposition of that penalty. Amends title XVIII (Medicare) of the Social Security Act: (1) to require that a statement soliciting information of any fraud or abuse be included with every explanation of benefits received and notice of payment made under Medicare; and (2) to double the amount of criminal and civil monetary penalties that are assessed for various Medicare violations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Savings Through Public- Private Partnerships Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Implementation of Identified Energy Efficiency Measures.-- Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended to read as follows: ``(4) Implementation of identified energy efficiency measures.-- ``(A) In general.--Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider-- ``(i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost- effective; and ``(ii) bundling individual measures of varying paybacks together into combined projects. ``(B) Measures not implemented.--The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A).''. (b) Annual Contracting Goal.--Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended-- (1) by striking ``Each Federal agency'' and inserting the following: ``(i) In general.--Each Federal agency''; and (2) by adding at the end the following new clauses: ``(ii) Tracking.--Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. ``(iii) Consideration.--Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). ``(iv) Contracting goal.--It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. ``(v) Report to congress.--Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal.''.

Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.) Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal.

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Support for Teachers in Education and Mentoring (STEM) Act'' or the ``STEM\2\ Act''. SEC. 2. STEM EDUCATION PLANNING AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--STEM EDUCATION PLANNING AND TRAINING ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) STEM.--The term `STEM' means science, technology, engineering, and mathematics. ``SEC. 2502. PLANNING GRANTS. ``(a) Purpose.--The purpose of this section is to address the lack of coordination among STEM education efforts in the States. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education that identifies a coalition of related entities to participate in the grant application process under this section and subsequent STEM network activities funded with a grant awarded under this section. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to-- ``(A) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and ``(B) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. ``(2) Reports to congress.--Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2503. TRAINING PROGRAM GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of preservice and existing teachers, elementary schools, middle schools, and secondary schools to use proven methods, including inquiry or project-based learning, to inspire and prepare students for STEM careers and build STEM literacy. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education-- ``(A) in elementary schools, middle schools, and secondary schools for existing teachers; and ``(B) in postsecondary schools for preservice teachers. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure an equitable distribution-- ``(A) between eligible entities serving urban areas and eligible entities serving rural areas; and ``(B) of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on-- ``(A) teachers who attended the training after the teachers return to the classroom; or ``(B) preservice teachers; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models (including inquiry and project-based models) and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to existing and preservice STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``(2) Reports to congress.--Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2504. ACADEMIC STANDARDS GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of States to implement new mathematics and science academic standards. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, public charter school, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to support curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards and provide professional development regarding STEM education standards and national tests for administrators who are employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports to the Secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``SEC. 2505. NATIONAL PANEL. ``(a) In General.--The Secretary shall establish a national panel to review, evaluate, and identify-- ``(1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs, kinesthetic learning, and inquiry- or project-based learning techniques; and ``(2) best practices with respect to STEM curricula. ``(b) Members.--The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as-- ``(1) representatives of technology industries and business; ``(2) teachers and school administrators; ``(3) representatives of nonprofit organizations and community organizations; ``(4) faculty members of institutions of higher education; ``(5) research specialists and curricula specialists; ``(6) at least 1 rural education expert; ``(7) at least 1 high school or college student to provide a youth perspective; and ``(8) other individuals, as determined appropriate by the Secretary. ``(c) Reports.--The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. ``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--STEM Education Planning and Training ``Sec. 2501. Definitions. ``Sec. 2502. Planning grants. ``Sec. 2503. Training program grants. ``Sec. 2504. Academic standards grants. ``Sec. 2505. National panel. ``Sec. 2506. Authorization of appropriations.''.

STEM Support for Teachers in Education and Mentoring (STEM) Act or the STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education (IHEs) to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies (LEAs), IHEs, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools and for preservice teachers in postsecondary schools. Requires the Secretary to award competitive grants to states, Indian tribes or tribal organizations, LEAs, public charter schools, IHEs, or nonprofit organizations to support curriculum development, assessments, or related activities that enable states to adopt new mathematics and science academic standards. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Childhood Brain Tumor Prevention Network Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Tumors kill more children than any other disease and brain tumors are the second most common type of cancer in children. (2) Childhood brain tumors are the leading cause of death from solid tumors in children. (3) There are newly recognized types of brain tumors, as defined by the World Health Organization, and many of these newly recognized types occur in children. (4) The causes of the overwhelming majority of childhood brain tumors are unknown. (5) Brain tumors have substantial costs for affected children, the families of such children, and society. (6) Childhood brain tumors cause significant morbidity and the loss of many years of potential life. (7) The prognosis for most childhood brain tumors is dismal and survivors face lasting adverse health effects. (8) Because of the relatively low overall incidence of childhood brain tumors, such tumors frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the causes of childhood brain tumors. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of childhood brain tumors to identify potential risk factors and determine the cause of such tumors. (11) Existing national cooperative clinical oncology groups primarily investigate treatment options and prognosis and do not typically examine the origins of childhood brain tumors or the risk factors associated with such tumors. A significant majority of children with brain tumors are first treated by neurosurgeons and not by oncologists typically involved in such groups. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) there is a need to establish a multi-center research effort based on collaboration between regional consortia in order to comprehensively study the causes of childhood brain tumors and identify potential risk factors; (2) there is a need to encourage a collaborative effort among surgical and medical centers with epidemiological study groups to gather comprehensive and detailed information for each child enrolled in those groups, in order to investigate environmental, nutritional, genetic, and developmental factors with respect to, and the pathological and epidemiological characteristics of, childhood brain tumors; and (3) there is a need to authorize the Director of the National Institutes of Health to coordinate national research efforts of governmental and nongovernmental entities with respect to childhood brain tumors. SEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. ``(a) Establishment of the National Childhood Brain Tumor Prevention Network.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Director of NIH, acting through the Director of the National Cancer Institute, shall establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network (hereinafter referred to in this section as the `Network') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the Network shall be the following: ``(A) Providing grants of not fewer than five years duration to eligible consortia for the purpose of conducting research with respect to the causes of and risk factors associated with childhood brain tumors. ``(B) Assembling a panel of experts, including members of the Brain Tumor Epidemiology Consortium and survivors of brain tumors, to provide ongoing guidance and recommendations for, with respect to research funded by the Network, the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants, and the parents of such individuals, a minimum data set that includes the following: ``(I) Environmental exposure data. ``(II) Nutritional data. ``(III) Biospecimens, including genomic data. ``(IV) Histopathological and molecular pathological data and specimens. ``(V) Clinical and radiological data. ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The capability to annually enroll as research participants a minimum of 100 individuals with a newly diagnosed childhood brain tumor from the designated catchment area of such consortium. ``(B) The capability to form a control group by enrolling as research participants, for each enrolled individual with a childhood brain tumor, at least two individuals without a childhood brain tumor, who are matched demographically to such enrolled individual with a childhood brain tumor. ``(C) That the designated catchment area of such consortium does not overlap with the designated catchment area of a consortium already receiving a grant under this section. ``(4) Report.--Not later than one year after the date of the enactment of this section and annually thereafter, the Director of NIH shall submit to Congress a report with respect to the Network, to be made publicly available, including a summary of research funded by the Network and a list of consortia receiving grants under the Network. At the discretion of the Director of NIH, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2010 through 2014, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to the funds already appropriated to carry out the functions of the National Institutes of Health. ``(b) Definitions.--For purposes of this section, the following definitions apply: ``(1) Brain tumor epidemiology consortium.--The term `Brain Tumor Epidemiology Consortium' means the organization with such name formed in 2003 after an initial meeting sponsored by the National Cancer Institute's Division of Cancer Epidemiology and Genetics. ``(2) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(3) Childhood brain tumor.--The term `childhood brain tumor' means an intracranial or spinal cord tumor occurring in an individual under 20 years of age. ``(4) Consortium.--The term `consortium' means a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''. (b) Technical Correction.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``419C'' and inserting ``417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of the Act referred to in such paragraph.

National Childhood Brain Tumor Prevention Network Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Cancer Institute, to establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network to: (1) provide grants for research on the causes of and risk factors associated with childhood brain tumors; (2) assemble a panel of experts to provide ongoing guidance and recommendations on research funded by the Network, including on a common study design and standard protocols; and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responders Support Act of 2002''. SEC. 2. HOMELAND SECURITY LIAISON OFFICERS. (a) Chief Homeland Security Liaison Officer.-- (1) Appointment.--The Secretary of Homeland Security shall appoint a Chief Homeland Security Liaison Officer to coordinate the activities of the Homeland Security Liaison Officers, designated under subsection (b). (2) Annual report.--The Chief Homeland Security Liaison Officer shall prepare an annual report, that contains-- (A) a description of the State and local priorities in each of the 50 States based on discovered needs of first responder organizations, including law enforcement agencies, fire and rescue agencies, medical providers, emergency service providers, and relief agencies; (B) a needs assessment that identifies homeland security functions in which the Federal role is duplicative of the State or local role, and recommendations to decrease or eliminate inefficiencies between the Federal Government and State and local entities; (C) recommendations to Congress regarding the creation, expansion, or elimination of any program to assist State and local entities to carry out their respective functions under the Department of Homeland Security; and (D) proposals to increase the coordination of Department of Homeland Security priorities within each State and between the States. (b) Homeland Security Liaison Officers.-- (1) Designation.--The Secretary of Homeland Security shall designate in each State not less than 1 employee of the Department of Homeland Security to-- (A) serve as the Homeland Security Liaison Officer in that State; and (B) provide coordination between the Department of Homeland Security and State and local first responders, including-- (i) law enforcement agencies; (ii) fire and rescue agencies; (iii) medical providers; (iv) emergency service providers; and (v) relief agencies. (2) Duties.--Each Homeland Security Liaison Officer designated under paragraph (1) shall-- (A) ensure coordination between the Department of Homeland Security and-- (i) State, local, and community-based law enforcement; (ii) fire and rescue agencies; and (iii) medical and emergency relief organizations; (B) identify State and local areas requiring additional information, training, resources, and security; (C) provide training, information, and education regarding homeland security for State and local entities; (D) identify homeland security functions in which the Federal role is duplicative of the State or local role, and recommend ways to decrease or eliminate inefficiencies; (E) assist State and local entities in priority setting based on discovered needs of first responder organizations, including law enforcement agencies, fire and rescue agencies, medical providers, emergency service providers, and relief agencies; (F) assist the Department of Homeland Security to identify and implement State and local homeland security objectives in an efficient and productive manner; and (G) serve as a liaison to the Department of Homeland Security in representing State and local priorities and concerns regarding homeland security. SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON FIRST RESPONDERS. (a) In General.--There is established an Interagency Committee on First Responders, that shall-- (1) ensure coordination among the Federal agencies involved with-- (A) State, local, and community-based law enforcement; (B) fire and rescue operations; and (C) medical and emergency relief services; (2) identify community-based law enforcement, fire and rescue, and medical and emergency relief services needs; (3) recommend new or expanded grant programs to improve community-based law enforcement, fire and rescue, and medical and emergency relief services; (4) identify ways to streamline the process through which Federal agencies support community-based law enforcement, fire and rescue, and medical and emergency relief services; and (5) assist in priority setting based on discovered needs. (b) Membership.--The Interagency Committee on First Responders shall be composed of-- (1) the Chief Homeland Security Liaison Officer of the Department of Homeland Security; (2) a representative of the Health Resources and Services Administration of the Department of Health and Human Services; (3) a representative of the Centers for Disease Control and Prevention of the Department of Health and Human Services; (4) a representative of the Federal Emergency Management Agency of the Department of Homeland Security; (5) a representative of the United States Coast Guard of the Department of Homeland Security; (6) a representative of the Department of Defense; (7) a representative of the Office of Domestic Preparedness of the Department of Homeland Security; (8) a representative of the Immigration and Naturalization Service of the Department of Homeland Security; (9) a representative of the Transportation Security Agency of the Department of Homeland Security; (10) a representative of the Federal Bureau of Investigation of the Department of Justice; and (11) representatives of any other Federal agency identified by the President as having a significant role in the purposes of the Interagency Committee on First Responders. (c) Administration.--The Department of Homeland Security shall provide administrative support to the Interagency Committee on First Responders and the Advisory Council, which shall include-- (1) scheduling meetings; (2) preparing agenda; (3) maintaining minutes and records; (4) producing reports; and (5) reimbursing Advisory Council members. (d) Leadership.--The members of the Interagency Committee on First Responders shall select annually a chairperson. (e) Meetings.--The Interagency Committee on First Responders shall meet-- (1) at the call of the Chief Homeland Security Liaison Officer of the Department of Homeland Security; or (2) not less frequently than once every 3 months. SEC. 4. ADVISORY COUNCIL FOR THE FEDERAL INTERAGENCY COMMITTEE ON FIRST RESPONDERS. (a) Establishment.--There is established an Advisory Council for the Federal Interagency Committee on First Responders (in this Act referred to as the ``Advisory Council''). (b) Membership.-- (1) In general.--The Advisory Council shall be composed of not more than 13 members, selected by the Interagency Committee on First Responders. (2) Representation.--The Interagency Committee on First Responders shall ensure that the membership of the Advisory Council represents-- (A) the law enforcement community; (B) fire and rescue organizations; (C) medical and emergency relief services; and (D) both urban and rural communities. (c) Chairperson.--The Advisory Council shall select annually a chairperson from among its members. (d) Compensation of Members.--The members of the Advisory Council shall serve without compensation, but shall be eligible for reimbursement of necessary expenses connected with their service to the Advisory Council. (e) Meetings.--The Advisory Council shall meet with the Interagency Committee on First Responders not less frequently than once every 3 months. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such funds as may be necessary to carry out the provisions of this Act.

First Responders Support Act of 2002 - Directs the Secretary of Homeland Security to designate in each State at least one employee of the Department of Homeland Security to serve as that State's Homeland Security Liaison Officer and to provide coordination between the Department and State and local first responders. Requires such an Officer to: (1) provide training, information, and education on homeland security for State and local entities; (2) identify homeland security functions in which the Federal role is duplicative of the State or local role and recommend ways to decrease or eliminate inefficiencies; and (3) assist the Department in identifying and implementing State and local homeland security objectives.Requires the Secretary to appoint a Chief Homeland Security Liaison Officer who shall: (1) coordinate the activities of such State Officers; and (2) prepare annual reports on State and local priorities, a needs assessment that identifies duplicative homeland security functions, recommendations regarding program creation, expansion, or elimination to assist State and local entities in carrying out functions under the Department, and proposals to increase the coordination of Department priorities within and between States.Establishes: (1) an Interagency Committee on First Responders that shall ensure coordination among the Federal agencies involved with State, local and community-based law enforcement, fire and rescue operations, and medical and emergency relief services.; and (2) an Advisory Council for such Committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Protection Commission Act of 2013''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. Section 1011 of the Consumer Financial Protection Act of 2010 is amended-- (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: ``(b) Establishment of the Commission.-- ``(1) In general.--There is hereby established a commission (hereinafter referred to in this section as the `Commission') that shall serve as the head of the Bureau. ``(2) Authority to prescribe regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission's jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission's jurisdiction. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of the Vice Chairman for Supervision of the Federal Reserve System and 4 additional members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; ``(B) have strong competencies and experiences related to consumer financial protection; and ``(C) should want to protect service members and their families who are sacrificing their lives for this country from abusive financial practices. ``(2) Staggering.--The members of the Commission appointed under paragraph (1) shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission appointed under paragraph (1), including the Chair, shall serve for a term of 5 years. ``(B) Removal for cause.--The President may remove any member of the Commission appointed under paragraph (1) only for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed under paragraph (1) appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission appointed under paragraph (1) may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission appointed under paragraph (1) shall engage in any other business, vocation, or employment. ``(4) Roles and responsibilities of commissioners.--One member of the Commission shall have as their primary responsibility the oversight of the Bureau's activities pertaining to protecting consumers, with a focus on consumers who are older, minorities, youth, or veterans, from unfair, deceptive, and abusive lending practices. The designated commissioner shall be responsible for-- ``(A) ensuring the Bureau conducts regular outreach to consumers regarding industry lending activities; ``(B) researching and reporting to the full Commission, on a regular basis, the impact of new loan and credit products and services on consumers; and ``(C) ensuring the Bureau coordinates with State- level consumer protection agencies on enforcement measures that protect consumers from unfair, deceptive, and abusive lending practices. ``(d) Affiliation.--With respect to members appointed pursuant to subsection (c)(1), not more than 2 shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission appointed under paragraph (1). ``(2) Authority.--The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the members of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 3 other members of the Commission appointed under subsection (c)(1) shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ``(i) Initial Quorum Established.--During any time period prior to the confirmation of at least two members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply.''. SEC. 3. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--The Consumer Financial Protection Act of 2010 is amended-- (A) in section 1002, by striking paragraph (10); (B) in section 1012(c)(4), by striking ``Director'' each place such term appears and inserting ``Commission of the Bureau''; (C) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (D) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (E) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Commission''; (F) in section 1017(c)(1), by striking ``Director and other employees'' and inserting ``members of the Commission and other employees''; (G) in section 1027(l)(1), by striking ``Director and the''; and (H) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (2) Global amendments.--The Consumer Financial Protection Act of 2010 is amended-- (A) by striking ``Director of the'' each place such term appears, other than in-- (i) subparagraphs (A) and (E) of section 1017(4); (ii) section 1043; (iii) section 1061(b)(3); (iv) section 1062; (v) section 1063(f); (vi) subparagraphs (E) and (G) of section 1064(i)(2); and (vii) section 1065(a); and (B) by striking ``Director'' each place such term appears and inserting ``Bureau'', other than in-- (i) section 1063(f)(2); and (ii) section 1065(a). (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (1) in section 111(b)(1)(D), by striking ``Director'' and inserting ``Chair of the Commission''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the Electronic Fund Transfer Act, as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau of Consumer Financial Protection''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act, as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act, as amended by section 1013(d) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Commission of the Bureau of Consumer Financial Protection;''; (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''; and (3) by striking ``Director'' each place such term appears and inserting ``Bureau''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears in headings and text and inserting ``Bureau''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.

Consumer Financial Protection Commission Act of 2013 - Amends the Consumer Financial Protection Act of 2010 (title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act), to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without prior Commission approval.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cut Taxes for the Middle Class Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STATE AND LOCAL SALES TAX DEDUCTION Sec. 101. Extension of deduction of State and local general sales taxes. TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS Sec. 201. Extension of above-the-line deduction for qualified tuition and related expenses. Sec. 202. Extension of deduction for certain expenses of elementary and secondary school teachers. TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES Sec. 301. Extension of housing allowance exclusion for determining area median gross income for low-income housing credit and qualified residential rental project exempt facility bonds. Sec. 302. Extension of employer wage credit for employees who are active duty members of the uniformed services. TITLE IV--PROVISIONS RELATING TO BUSINESSES Sec. 401. Extension of work opportunity tax credit. Sec. 402. Extension of new markets tax credit. Sec. 403. Extension and modification of research credit. TITLE I--STATE AND LOCAL SALES TAX DEDUCTION SEC. 101. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES. (a) In General.--Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS SEC. 201. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. (a) In General.--Subsection (e) of section 222 of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 202. EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``or 2013'' and inserting ``2013, or 2014''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES SEC. 301. EXTENSION OF HOUSING ALLOWANCE EXCLUSION FOR DETERMINING AREA MEDIAN GROSS INCOME FOR LOW-INCOME HOUSING CREDIT AND QUALIFIED RESIDENTIAL RENTAL PROJECT EXEMPT FACILITY BONDS. (a) In General.--Subsection (b) of section 3005 of the Housing Assistance Tax Act of 2008 is amended by striking ``January 1, 2014'' each place it appears and inserting ``January 1, 2015''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008. SEC. 302. EXTENSION OF EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Subsection (f) of section 45P of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to payments made after December 31, 2013. TITLE IV--PROVISIONS RELATING TO BUSINESSES SEC. 401. EXTENSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. SEC. 402. EXTENSION OF NEW MARKETS TAX CREDIT. (a) In General.--Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking ``and 2013'' and inserting ``2013, and 2014''. (b) Carryover of Unused Limitation.--Paragraph (3) of section 45D(f) of such Code is amended by striking ``2018'' and inserting ``2019''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2013. SEC. 403. EXTENSION AND MODIFICATION OF RESEARCH CREDIT. (a) In General.--Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.

Cut Taxes for the Middle Class Act of 2014 - Amends the Internal Revenue Code to extend through 2014: (1) the tax deduction for state and local general sales taxes in lieu of state and local income taxes, (2) the tax deduction for qualified tuition and related expenses, (3) the tax deduction for expenses of elementary and secondary school teachers, (4) the tax credit for differential wage payments to employees who are active duty members of the Uniformed Services, (5) the work opportunity tax credit, (6) the new markets tax credit, and (7) the tax credit for increasing research activities. Amends the Housing Assistance Tax Act of 2008 to extend through 2014 the exemption of the basic military housing allowance from the income test for programs financed by tax-exempt housing bonds. 

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Fairness Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The number of airline passengers on United States carriers is expected to grow from about 600 million per year today to about 1 billion by the year 2008. (2) Since 1978 the number of certified large air carriers has decreased from 30 to 10. In 1998, 6 of the United States' largest air carriers sought to enter into arrangements that would result in 3 large networks comprising approximately 70 percent of the domestic market. (3) Only \2/3\ of all communities in the United States that had scheduled air service in 1978 still have it today, and \1/ 2\ of those remaining are served by smaller airlines feeding hub airports. (4) The Department of Transportation's Domestic Airline Fares Consumer Report for the 3rd Quarter of 1997 listed 75 major city pairs where fares increased by 30 percent or more year-over-year, while total traffic in these city pairs decreased by 863,500 passengers, or more than 20 percent. (5) A 1998 Department of Transportation study found that large United States air carriers charge twice as much at their large hub airports where there is no low fare competition as they charge at a hub airport where a low fare competitor is present. The General Accounting Office found that fares range from 12 percent to 71 percent higher at hubs dominated by one carrier or a consortium. (6) Complaints filed with the Department of Transportation about airline travel have increased by more than 25 percent over the previous year, and complaints against large United States air carriers have increased from 6,394 in 1997 to 7,994 in 1998. (7) The 1997 National Civil Aviation Review Commission reported that recent data indicate the problem of delay in flights is getting worse, and that the number of daily aircraft delays of 15 minutes or longer was nearly 20 percent higher in 1996 than in 1995. (8) The 1997 National Civil Aviation Review Commission forecast that United States domestic and international passenger enplanements are expected to increase 52 percent between 1996 and 2006, and the Federal Aviation Administration forecasts annual growth in revenue passenger miles will average 4.2 percent. (9) A 1998 Department of Transportation study found that the large United States air carriers charge about 60 percent more to passengers traveling to or from small communities than they charge to passengers traveling between large communities. (10) The Congress has directed the Secretary of Transportation to prohibit unfair and deceptive practices in the airline industry. SEC. 3. FAIR PRACTICES FOR AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(b) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include, in the case of a certificated air carrier, an air carrier's failure-- ``(1) to inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold; ``(2) to permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used; ``(3) to deliver a passenger's checked baggage within 24 hours after arrival of the flight on which the passenger travelled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage; ``(4) to provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer; ``(5) to provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason (other than reasons of national security); ``(6) to inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight; ``(7) to refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased; ``(8) to disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines, including-- ``(A) the number of seats redeemable on each flight; and ``(B) the percentage of successful and failed redemptions on each airline and on each flight. ``(c) Report.--The Secretary shall include information about violations of subsection (a) by certificated air carriers in the Department of Transportation's monthly Air Travel Consumer Report. ``(d) Confirmed reserved space.--The term `confirmed reserved space' shall mean a space on a specific date and on a specific flight and class of service of a carrier which has been requested by a passenger and which the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided by the carrier, as being reserved for the accommodation of the passenger.''.

Airline Passenger Fairness Act - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation to include within the definition of such prohibited practices an air carrier's failure to: (1) inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold; (2) permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used; (3) deliver a passenger's checked baggage within 24 hours after the arrival of the flight on which the passenger traveled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage; (4) provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer; (5) provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason (other than reasons of national security); (6) inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight; (7) refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased; and (8) disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Recovery and Growth Act''. SEC. 2. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR CERTAIN CITIES. (a) In General.--Part III of subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1400U-4. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR CERTAIN CITIES. ``(a) In General.--In the case of an economic development extension bond-- ``(1) such bond shall be treated for purposes of section 6431 as a qualified bond issued before January 1, 2011, ``(2) subsection (b) of such section shall be applied by substituting `45 percent' for `35 percent', and ``(3) interest on such bond shall be includible in gross income. ``(b) Economic Development Extension Bond.--For purposes of this section-- ``(1) In general.--The term `economic development extension bond' means any specified bond issued during the 1-year period beginning on the date of the enactment of this section as part of an issue if-- ``(A) 100 percent of the excess of-- ``(i) the available project proceeds (as defined in section 54A) of such issue, over ``(ii) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue, are to be used for one or more qualified purposes, and ``(B) the issuer designates such bond for purposes of this section. ``(2) Specified bond.-- ``(A) In general.--The term `specified bond' means any obligation (other than a private activity bond) if the interest on such obligation would (but for this section) be excludable from gross income under section 103. ``(B) Applicable rules.--For purposes of applying subparagraph (A)-- ``(i) rules similar to the rules of section 54AA(d)(2) shall apply, and ``(ii) section 148 shall not apply with respect to any issue with respect to which the excess described in paragraph (1)(A) is used for a qualified purpose described in paragraph (3)(B). ``(3) Qualified purposes.--The term `qualified purposes' means-- ``(A) any qualified economic development purpose (as defined in section 1400U-2(c), applied by treating specified cities (and only specified cities) as recovery zones), and ``(B) any refinancing of indebtedness of a specified city which is outstanding on the date of the enactment of this section. ``(4) Specified city.--The term `specified city' means any principal city for a metropolitan statistical area (as determined by the Office of Management and Budget) which-- ``(A) has an average unemployment rate of not less than 150 percent of the national average rate for the last calendar year ending before the date of the enactment of this section, and ``(B) has lost at least 20 percent of its population between calendar year 2000 and calendar year 2010. ``(5) Limitation on amount of bonds designated.-- ``(A) In general.--The maximum aggregate face amount of bonds which may be designated under paragraph (1) with respect to any specified city shall not exceed the bond limitation allocated to such city under subparagraph (B). ``(B) Allocation.--The Secretary shall allocate bond limitation to each specified city such that the bond limitation allocated to such city bears the same proportion to $1,000,000,000 as the population of such city (as determined for purposes of the 2010 census) bears to the total population of all specified cities (as so determined).''. (b) Clerical Amendment.--The table of sections for part III of subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1400U-4. Extension of recovery zone economic development bonds for certain cities.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Urban Recovery and Growth Act - Amends the Internal Revenue Code to authorize the issuance of economic development extension bonds for the purpose of economic development or refinancing the indebtedness of a city that has an average unemployment rate of not less than 150% of the national average in the preceding calendar year and that has lost at least 20% of its population between 2000 and 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satisfying Energy Needs and Saving the Environment Act'' or the ``SENSE Act''. SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Boiler operating day.--The term ``boiler operating day'' has the meaning given such term in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (3) Coal refuse.--The term ``coal refuse'' means any byproduct of coal mining, physical coal cleaning, or coal preparation operation that contains coal, matrix material, clay, and other organic and inorganic material. (4) Coal refuse electric utility steam generating unit.-- The term ``coal refuse electric utility steam generating unit'' means an electric utility steam generating unit that-- (A) is in operation as of the date of enactment of this Act; (B) uses fluidized bed combustion technology to convert coal refuse into energy; and (C) uses coal refuse as at least 75 percent of the annual fuel consumed, by heat input, of the unit. (5) Coal refuse-fired facility.--The term ``coal refuse- fired facility'' means all coal refuse electric utility steam generating units that are-- (A) located on one or more contiguous or adjacent properties; (B) specified within the same Major Group (2-digit code), as described in the Standard Industrial Classification Manual (1987); and (C) under common control of the same person (or persons under common control). (6) Electric utility steam generating unit.--The term ``electric utility steam generating unit'' means an electric utility steam generating unit, as such term is defined in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (b) Emission Limitations To Address Hydrogen Chloride and Sulfur Dioxide as Hazardous Air Pollutants.-- (1) Applicability.--For purposes of regulating emissions of hydrogen chloride or sulfur dioxide from a coal refuse electric utility steam generating unit under section 112 of the Clean Air Act (42 U.S.C. 7412), the Administrator-- (A) shall authorize the operator of such unit to elect that such unit comply with either-- (i) an emissions standard for emissions of hydrogen chloride that meets the requirements of paragraph (2); or (ii) an emission standard for emissions of sulfur dioxide that meets the requirements of paragraph (2); and (B) may not require that such unit comply with both an emission standard for emissions of hydrogen chloride and an emission standard for emissions of sulfur dioxide. (2) Rules for emission limitations.-- (A) In general.--The Administrator shall require an operator of a coal refuse electric utility steam generating unit to comply, at the election of the operator, with no more than one of the following emission standards: (i) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.002 pounds per million British thermal units of heat input. (ii) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.02 pounds per megawatt-hour. (iii) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 0.20 pounds per million British thermal units of heat input. (iv) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 1.5 pounds per megawatt-hour. (v) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than capture and control of 93 percent of sulfur dioxide across the generating unit or group of generating units, as determined by comparing-- (I) the expected sulfur dioxide generated from combustion of fuels emissions calculated based upon as- fired fuel samples, to (II) the actual sulfur dioxide emissions as measured by a sulfur dioxide continuous emission monitoring system. (B) Measurement.--An emission standard described in subparagraph (A) shall be measured as a 30 boiler operating day rolling average per coal refuse electric utility steam generating unit or group of coal refuse electric utility steam generating units located at a single coal refuse-fired facility. Passed the House of Representatives March 8, 2018. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on January 12, 2018. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act (Sec. 2) This bill eases emission limits for hazardous air pollutants from electric utility steam generating units (electric power plants) that convert coal refuse into energy. The Environmental Protection Agency must allow utilities to select a standard for either hydrogen chloride or sulfur dioxide with which to comply from a list of specified standards.

SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS. Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) In considering an employer's petition for admission of H-2A aliens, the Attorney General shall consider the certification decision of the Secretary of Labor and shall consider any countervailing evidence submitted by the employer with respect to the nonavailability of United States workers and the employer's compliance with the requirements of this section, and may consult with the Secretary of Agriculture.''. SEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION. Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and Nationality Act is amended to read as follows: ``(4) Determination by the secretary.--The Secretary determines that the employer has not filed a job offer for the position to be filled by the alien with the appropriate local office of the State employment security agency having jurisdiction over the area of intended employment, or with the State office of such an agency if the alien will be employed in an area within the jurisdiction of more than one local office of such an agency, which meets the criteria of paragraph (5). ``(5) Required terms and conditions of employment.--The Secretary determines that the employer's job offer does not meet one or more of the following criteria: ``(A) Required rate of pay.--The employer has offered to pay H-2A aliens and all other workers in the occupation in the area of intended employment an adverse effect wage rate of not less than the median rate of pay for similarly employed workers in the area of intended employment. ``(B) Provision of housing.-- ``(i) In general.--The employer has offered to provide housing to H-2A aliens and those workers not reasonably able to return to their residence within the same day, without charge to the worker. The employer may, at the employer's option, provide housing meeting applicable Federal standards for temporary labor camps, or provide rental or public accommodation type housing which meets applicable local or state standards for such housing. ``(ii) Housing allowance as alternative.-- In lieu of offering the housing required in clause (i), the employer may provide a reasonable housing allowance to workers not reasonably able to return to their place of residence within the same day, but only if the Secretary determines that housing is reasonably available within the approximate area of employment. An employer who offers a housing allowance pursuant to this subparagraph shall not be deemed to be a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) merely by virtue of providing such housing allowance. ``(iii) Special housing standards for short duration employment.-- The Secretary shall promulgate special regulations permitting the provision of short-term temporary housing for workers employed in occupations in which employment is expected to last 40 days or less. ``(iv) Transitional period for provision of special housing standards in other employment.--For a period of five years after the date of enactment of this section, the Secretary shall approve the provision of housing meeting the standards described in clause (iii) in occupations expected to last longer than 40 days in areas where available housing meeting the criteria described in subparagraph (i) is found to be insufficient. ``(v) Preemption of state and local standards.--The standards described in clauses (ii) and (iii) shall preempt any State and local standards governing the provision of temporary housing to agricultural workers. ``(C) Reimbursement of transportation costs.--The employer has offered to reimburse H-2A aliens and workers recruited from beyond normal commuting distance the most economical common carrier transportation charge and reasonable subsistence from the place from which the worker comes to work for the employer, (but not more than the most economical common carrier transportation charge from the worker's normal place of residence) if the worker completes 50 percent of the anticipated period of employment. If the worker recruited from beyond normal commuting distance completes the period of employment, the employer will provide or pay for the worker's transportation and reasonable subsistence to the worker's next place of employment, or to the worker's normal place of residence, whichever is less. ``(D) Guarantee of employment.--The employer has offered to guarantee the worker employment for at least three-fourths of the workdays of the employer's actual period of employment in the occupation. Workers who abandon their employment or are terminated for cause shall forfeit this guarantee. ``(6) Preference for united states workers.--The employer has not assured on the application that the employer will provide employment to all qualified United States workers who apply to the employer and assure that they will be available at the time and place needed until the time the employer's foreign workers depart for the employer's place of employment (but not sooner than 5 days before the date workers are needed), and will give preference in employment to United States workers who are immediately available to fill job opportunities that become available after the date work in the occupation begins.''. SEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR CERTIFICATIONS. Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and Nationality Act is amended to read as follows: ``(c) Special Rules Applicable to the Issuance of Labor Certifications.--The following rules shall apply to the issuance of labor certifications by the Secretary under this section: ``(1) Deadline for filing applications.--The Secretary may not require that the application be filed more than 40 days before the first date the employer requires the labor or services of the H-2A worker. ``(2) Notice within seven days of deficiencies.-- ``(A) The employer shall be notified in writing within seven calendar days of the date of filing, if the application does not meet the criteria described in subsection (b) for approval. ``(B) If the application does not meet such criteria, the notice shall specify the specific deficiencies of the application and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ``(3) Issuance of certification.-- ``(A) The Secretary shall provide to the employer, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1)-- ``(i) with respect to paragraph (a)(1)(A) if the employer's application meets the criteria described in subsection (b), or a statement of the specific reasons why such certification cannot be made, and ``(ii) with respect to subsection (a)(1)(B), to the extent that the employer does not actually have, or has not been provided with the names, addresses and Social Security numbers of workers referred to the employer who are able, willing and qualified and have indicated they will be available at the time and place needed to perform such labor or services on the terms and conditions of the job offer approved by the Secretary. For each worker referred, the Secretary shall also provide the employer with information sufficient to permit the employer to contact the referred worker for the purpose of reconfirming the worker's availability for work at the time and place needed. ``(B) If, at the time the Secretary determines that the employer's job offer meets the criteria described in subsection (b) there are already unfilled job opportunities in the occupation and area of intended employment for which the employer is seeking workers, the Secretary shall provide the certification at the same time the Secretary approves the employer's job offer.''. SEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS. Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality Act is amended to read as follows: ``(e) Expedited Appeals of Certain Determinations.--The Secretary shall provide by regulation for an expedited procedure for the review of the nonapproval of an employer's job offer pursuant to subsection (c)(2) and of the denial of certification in whole or in part pursuant to subsection (c)(3) or, at the applicant's request, a de novo administrative hearing respecting the nonapproval or denial.''. SEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (2) by adding the following after subsection (e): ``(f) Procedures for the Consideration of H-2A Petitions.--The following procedures shall apply to the consideration of petitions by the Attorney General under this section: ``(1) Expedited processing of petitions.--The Attorney General shall provide an expedited procedure for the adjudication of petitions filed under this section, and the notification of visa-issuing consulates where aliens seeking admission under this section will apply for visas and/or ports of entry where aliens will seek admission under this section within 15 calendar days from the date such petition is filed by the employer. ``(2) Expedited amendments to petitions.--The Attorney General shall provide an expedited procedure for the amendment of petitions to increase the number of workers on or after five days before the employers date of need for the labor or services involved in the petition to replace referred workers whose continued availability for work at the time and place needed under the terms of the approved job offer can not be confirmed and to replace referred workers who fail to report for work on the date of need and replace referred workers who abandon their employment or are terminated for cause, and for which replacement workers are not immediately available pursuant to subsection (b)(6).''. SEC. 6. LIMITATION ON EMPLOYER LIABILITY. Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (2)(A); and (2) by inserting after paragraph (2)(A) the following: ``(B) No employer shall be subject to any liability or punishment on the basis of an employment action or practice by such employer that conforms with the terms and conditions of a job offer approved by the Secretary pursuant to this section, unless and until the employer has been notified that such certification has been amended or invalidated by a final order of the Secretary or of a court of competent jurisdiction.''. SEC. 7. LIMITATION ON JUDICIAL REMEDIES. Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end thereof the following: ``(3) No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction preventing or delaying the issuance by the Secretary of a certification pursuant to this section, or the approval by the Attorney General of a petition to import an alien as an H- 2A worker, or the actual importation of any such alien as an H- 2A worker following such approval by the Attorney General.''.

Amends the Immigration and Nationality Act to revise the temporary agricultural worker (H-2A visa) program with respect to: (1) H-2A petition considerations and approvals; (2) labor certification denial; (3) reduction in deadline filing; (4) expedited appeal of certain decisions; and (5) limitations on employer liability and judicial remedies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Accountability for Nuclear Waste Storage Act of 2007''. SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel ``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. ``(a) Definitions.--In this section: ``(1) Contractor.--The term `contractor' means a person that holds a contract under section 302(a) and is licensed by the Commission to possess spent nuclear power reactor fuel. ``(2) Spent nuclear fuel dry cask.--The term `spent nuclear fuel dry cask' means the container (and all the components and systems associated with the container)-- ``(A) in which spent nuclear fuel is stored and naturally cooled at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site; and ``(B) with a design that is approved by the Commission by license or rule. ``(3) Spent nuclear fuel pool.--The term `spent nuclear fuel pool' means a water-filled container on a nuclear power reactor site in which spent nuclear fuel rods are stored. ``(b) Transfer of Spent Nuclear Fuel.-- ``(1) In general.--A contractor shall transfer spent nuclear fuel from spent nuclear fuel pools to spent nuclear fuel dry casks at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site in accordance with this section. ``(2) Spent nuclear fuel stored as of date of enactment.-- Not later than 6 years after the date of enactment of this section, a contractor shall complete the transfer of all spent nuclear fuel that is stored in spent nuclear fuel pools as of the date of enactment of this section. ``(3) Spent nuclear fuel stored after date of enactment.-- Not later than 6 years after the date on which spent nuclear fuel is discharged from a reactor, a contractor shall complete the transfer of any spent nuclear fuel that is stored in a spent nuclear fuel pool after the date of enactment of this section. ``(4) Inadequate funds or availability.--If funds are not available to complete a transfer under paragraph (2) or (3), or if spent nuclear fuel dry casks suitable for the particular fuel are not available on reasonable terms and conditions, the contractor may apply to the Commission to extend the deadline for the transfer to be completed. ``(5) Commission licensing.-- ``(A) In general.--The transfer under paragraph (2) or (3) shall be to spent nuclear fuel dry casks generally licensed by the Commission. ``(B) Generally licensed spent nuclear fuel dry casks unavailable.--If generally licensed spent nuclear fuel dry casks described in subparagraph (A) are not available, the deadlines established in paragraphs (2) and (3) may be met by the good faith filing of an application to the Commission for a specific independent spent fuel storage installation license. ``(C) Expedited review.--The Commission shall expedite the review and decision of the Commission on an application received under subparagraph (B) in a manner that is consistent with public health and safety, common defense and security, and the right of an interested person to a hearing under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). ``(c) Funding.--The Secretary shall make grants to compensate a contractor for expenses incurred in carrying out subsection (b), including costs associated with-- ``(1) licensing and construction of an independent spent fuel storage installation located at the power reactor site; ``(2) fabrication and delivery of spent nuclear fuel dry casks; ``(3) transfers of spent nuclear fuel; ``(4) documentation relating to the transfers; ``(5) security; and ``(6) hardening and other safety or security improvements. ``(d) Conveyance of Title.-- ``(1) Certification and conveyance of title.-- ``(A) Certification.--The Commission shall certify to the Secretary when safe and secure transfer of spent nuclear fuel has been carried out under paragraph (2) or (3) of subsection (b). ``(B) Acceptance of title.--On receipt of the certification, the Secretary shall accept the conveyance of title to the spent nuclear fuel dry cask (including the contents of the spent nuclear fuel dry cask) from the contractor. ``(2) Responsibility.-- ``(A) In general.--A conveyance of title under paragraph (1)(B) shall confer on the Secretary full responsibility (including safety, security, and financial responsibility) for the subsequent possession, stewardship, maintenance, monitoring, and ultimate disposition of all spent nuclear fuel transferred to the Secretary. ``(B) Licenses.--On conveyance of title-- ``(i) the general or specific Commission license held by the contractor for the spent nuclear fuel dry cask shall be terminated; and ``(ii) a general license for the spent nuclear fuel dry cask under sections 53 and 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2111) shall be issued to the Secretary. ``(C) Regulations.--Not later than 5 years after the date of enactment of this section, the Commission shall promulgate regulations that establish the terms and conditions for licenses described in subparagraph (B)(ii). ``(e) Administration.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Secretary shall establish the capability to carry out subsection (d)(2) in a manner that protects the public health and safety and common defense and security, and complies with all applicable laws. ``(2) Contracts with licensees.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may contract with a holder of the operating license issued by the Commission for 1 or more of the power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of all or part of the tasks required to carry out subsection (d)(2). ``(B) Effect of contract.--A contract described in subparagraph (A) shall not relieve the Secretary of the ultimate responsibility of the Secretary under subsection (d)(2) and as a licensee of the Commission.''. (b) Use of Waste Fund.--Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the costs incurred in carrying out subsections (c) and (e) of section 185.''.

Federal Accountability for Nuclear Waste Storage Act of 2007 - Amends the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer, within six years after enactment of this Act, spent nuclear fuel from spent nuclear fuel pools into spent nuclear fuel dry casks at an independent spent fuel storage facility generally licensed by the Nuclear Regulatory Commission (NRC) and located at the power reactor site. Directs the Secretary of Energy to: (1) make grants to compensate a contractor for expenses incurred in carrying out such transfer; and (2) accept conveyance of title to a spent nuclear fuel dry cask (including its contents) from the contractor following certification of compliance by the NRC. States that conveyance of title confers upon the Secretary full responsibility for the possession, stewardship, maintenance, monitoring, and ultimate disposition of all transferred spent nuclear fuel. Authorizes the Secretary to contract with the holder of an NRC operating license for power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of such tasks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Act''. TITLE I--ANTITRUST AND CRIMINAL PROVISIONS SEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL EXCHANGE CARRIERS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent local exchange carrier that has market power in the broadband service provider market has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible under section 715(a) of the Communications Act of 1934, or restrains unreasonably the ability of a carrier to compete in its provision of broadband services over a local loop, shall be sufficient to establish a presumption of a violation of such section 1, 2, or 3 of the Sherman Act. SEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS TRANSPORT PROVIDERS. In any civil action based on a claim arising under section 1, 2, or 3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband access transport provider that has market power in the broadband service provider market has offered access to a service provider on terms and conditions, other than terms justified by demonstrable cost differentials, that are less favorable than those offered by such operator to itself, to an affiliated service provider, or to another service provider, or restrains unreasonably the ability of a service provider from competing in its provision of broadband services, shall be sufficient to establish a presumption of a violation of such section. SEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY BROADBAND ACCESS TRANSPORT PROVIDERS. It shall be unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to discriminate in favor of a service provider that is affiliated with a broadband access transport provider or to restrain unreasonably the ability of a service provider that is not affiliated with a broadband access transport provider from competing in its provision of any of the services provided by a service provider as set forth in section 105(3). SEC. 104. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) by striking ``or'' at the end of subparagraph (B); and (B) by inserting after subparagraph (C) the following new subparagraphs: ``(D) intentionally and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier; or ``(E) intentionally sells or distributes any computer program that-- ``(i) is designed or produced primarily for the purpose of concealing the source or routing information of bulk unsolicited electronic mail messages in a manner prohibited by subparagraph (D) of this paragraph; ``(ii) has only limited commercially significant purpose or use other than to conceal such source or routing information; or ``(iii) is marketed by the violator or another person acting in concert with the violator and with the violator's knowledge for use in concealing the source or routing information of such messages; (2) in subsection (c)(2)(A)-- (A) by inserting ``(i)'' after ``in the case of an offense''; and (B) by inserting after ``an offense punishable under this subparagraph;'' the following: ``; or (ii) under subsection (a)(5)(D) or (a)(5)(E) of this section which results in damage to a protected computer''; (3) in subsection (c)(2), by adding at the end the following new subparagraph: ``(D) in the case of a violation of subsection (a)(5)(D) or (E), actual monetary loss and statutory damages of $15,000 per violation or an amount of up to $10 per message per violation whichever is greater; and''; (4) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9); and (C) by adding at the end the following new paragraphs: ``(10) the term `initiates the transmission' means, in the case of an electronic mail message, to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message; ``(11) the term `Internet domain' means a specific computer system (commonly referred to as a `host') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as an `Internet domain name') and registered with an organization recognized by the Internet industry as a registrant of Internet domains; ``(12) the term `unsolicited electronic mail message' means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; and ``(13) the term `Internet' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''. (5) in subsection (g), by inserting ``and reasonable attorneys' fees and other litigation costs reasonably incurred in connection with civil action'' after ``injunctive relief or other equitable relief''. SEC. 105. DEFINITIONS. For purposes of this title: (1) Broadband.--The term ``broadband'' refers to a transmission capability in excess of 200 kilobits per second in at least one direction. (2) Broadband access transport provider.--The term ``broadband access transport provider'' means one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Such term shall also include a service provider who provides to itself, over facilities owned by it or under its control, the broadband transport of services between itself and its users. (3) Service provider.--The term ``service provider'' means a person who provides a service that enables users to access content, information, electronic mail, or other services. The term may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. (4) Internet.--The term ``Internet'' means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (5) Broadband service provider market.--The term ``broadband service provider market'' includes the provision of broadband services over a single broadband access transport provider's facilities. TITLE II--ADDITIONAL PROVISIONS SEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES. Title VII of the Communications Act of 1934 is amended by adding at the end thereof the following new section: ``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES. ``(a) Broadband Services Plans.-- ``(1) Plan required.--Within 180 days after the effective date of this section, each local exchange carrier shall submit to the State commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers as soon as such broadband telecommunications service is economically reasonably and technically feasible. The plan shall include all terms and conditions, including pricing, under which the services shall be provided. The test of economic reasonability and technical feasibility shall be made separately by the local exchange carrier for each local exchange, and the plan shall be considered certified 45 days after submission unless the State commission rejects the plan within such 45 days. Upon rejection of a plan, successive plans shall be submitted until approval is obtained. The plan shall be implemented within 180 days of the certification of the plan in each local exchange in which the provision of the service is both economically reasonable and technically feasible. Upon certification of its plan, the carrier shall be obligated by terms of the plan (including any modifications that it requests that are thereafter certified) but shall otherwise provide such services free of Federal and State price, rate, rate of return, and profit regulation. Upon a determination by the State commission that a local exchange is served by another provider of broadband telecommunications services, or any broadband Internet access transport provider, or upon a determination by such State commission that the local exchange carrier makes broadband telecommunications services available to 70 percent of the access lines in an exchange, a local exchange carrier shall no longer be obligated by the terms of any such plan in such local exchange. ``(2) State modifications prohibited.--Except upon request of the carrier, the State commission shall have no authority to modify any plan submitted pursuant to paragraph (1). ``(3) No commission authority.--The Commission shall have no authority with respect to the terms of any plan and shall have no authority with respect to the approval or rejection of any such plan. ``(b) Supersession of Other Requirements.--An incumbent local exchange carrier's provision of broadband local telecommunications services shall not be subject to the requirements of sections 251(c)(3) and 251(c)(4) of the Act in any State in which that carrier certifies to the State commission that-- ``(1) in central offices in which it provides local loops that are conditioned for broadband services, it provides such loops to other carriers at least as quickly as it provides them for its own customers; ``(2) in central offices in which it does not currently provide local loops that are conditioned for broadband services, but in which such service is economically reasonable and technically feasible, it will provide such loops within 120 days of a request for such conditioning from another carrier; and ``(3) conditioned loops are provided upon such prices and other terms and conditions as the parties shall agree, or in any event of disagreements, as are determined through commercial arbitration, in which the commercial arbitrator shall establish the price based upon the cost of the loops and the costs for such conditioning that have been incurred by the local exchange carrier plus a reasonable profit.''. SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE. (a) InterLATA Internet Services.--Paragraph (21) of section 3 of the Communications Act of 1934 (47 U.S.C. 153(21)), relating to the definition of interLATA service, is amended by inserting before the period the following: ``, except that such term shall not include services that consist of or include the transmission of any data or information, including any writing, signs, signals, pictures, or sounds related to the transmission of such data or information, by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology''. (b) Voice InterLATA Internet Services.--Neither a Bell operating company, nor any affiliate of a Bell operating company, may provide, by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology, two-way voice-only interLATA telecommunications services originating in any of its in- region States until such time as the Federal Communications Commission approves the application of such company for such State pursuant to section 271(d) of the Communications Act of 1934. The terms in this subsection shall have the same respective meanings given such terms in sections 3 and 271 of such Act.

TABLE OF CONTENTS: Title I: Antitrust and Criminal Provisions Title II: Additional Provisions Internet Freedom Act - Title I: Antitrust and Criminal Provisions - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation. Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services. Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction; and (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, or other identifier; or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. Title II: Additional Provisions - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible. Considers such plan certified unless rejected within 45 days. Requires plan implementation within 180 days (if reasonable and feasible). Prohibits State or Federal Communications Commission (FCC) modification of such plans. Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology. Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Expansion Act''. SEC. 2. ELIGIBILITY FOR FARM LOANS. (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in paragraph (1) (as designated by paragraph (1))-- (A) in the first sentence, by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate,''; and (B) in the second sentence-- (i) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (ii) by striking ``(1)'' and inserting ``(A)''; (iii) by striking ``(2)'' and inserting ``(B)''; (iv) by striking ``(3)'' and inserting ``(C)''; and (v) by striking ``(4)'' and inserting ``(D)''; (3) in the third sentence-- (A) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (B) by striking ``(3)'' and inserting ``(C)''; and (C) by striking ``(4)'' and inserting ``(D)''; and (4) by adding at the end the following: ``(2) Special rules regarding determinations.-- ``(A) Eligibility of certain operating-only entities.--An entity that is, or will become, only the operator of a family farm shall be determined by the Secretary to meet each owner-operator requirement described in paragraph (1) if the 1 or more individuals who are the owners of the family farm own-- ``(i) a percentage of the family farm that exceeds 50 percent; or ``(ii) such other percentage that the Secretary determines to be appropriate. ``(B) Eligibility of certain embedded entities.--An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A), that is owned, in whole or in part, by 1 or more other entities, shall be determined by the Secretary to meet the direct ownership requirement described in paragraph (1) if not less than 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the 1 or more individuals who own the family farm.''. (b) Conservation Loans.--Section 304(c)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(c)(1)) is amended by striking ``or limited liability companies'' and inserting ``limited liability companies, or such other legal entities that the Secretary determines to be appropriate,''. (c) Farm Operating Loans.--Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in paragraph (1) (as designated by paragraph (1))-- (A) in the first sentence, by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate,''; and (B) in the second sentence-- (i) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (ii) by striking ``(1)'' and inserting ``(A)''; (iii) by striking ``(2)'' and inserting ``(B)''; (iv) by striking ``(3)'' and inserting ``(C)''; and (v) by striking ``(4)'' and inserting ``(D)''; (3) in the third sentence-- (A) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (B) by striking ``(3)'' and inserting ``(C)''; and (C) by striking ``(4)'' and inserting ``(D)''; and (4) by adding at the end the following: ``(2) Special rules regarding determinations.--An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by 1 or more other entities, shall be determined by the Secretary to meet the direct ownership requirement described in paragraph (1) if not less than 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the 1 or more individuals who own the family farm.''. (d) Emergency Loans.--Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended-- (1) in the first sentence, in the matter preceding the proviso-- (A) by striking ``owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)'' each place it appears and inserting ``(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators''; (B) by striking ``or limited liability companies'' the first place it appears and inserting ``limited liability companies, or such other legal entities that the Secretary determines to be appropriate''; and (C) by striking ``or limited liability companies'' the second place it appears and inserting ``limited liability companies, or such other legal entities''; (2) in the second sentence of the proviso-- (A) by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities''; and (B) by striking ``ownership and operator'' and inserting ``ownership or operator''; and (3) by adding at the end the following: ``An entity that is an owner-operator or operator described in this subsection shall be determined by the Secretary to meet the direct ownership requirement described in this subsection if the entity is owned, in whole or in part, by 1 or more other entities and each individual who is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.''. (e) Conforming Amendments.-- (1) Section 304(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(c)(2)) is amended by striking ``paragraphs (1) and (2) of section 302(a)'' and inserting ``clauses (A) and (B) of section 302(a)(1)''. (2) Section 310D(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1934(a)) is amended-- (A) in the first sentence, by striking ``paragraphs (2) through (4) of section 302'' and inserting ``clauses (B) through (D) of section 302(a)(1)''; and (B) in the second sentence-- (i) by striking ``farm cooperative or private domestic corporation or partnership'' and inserting ``farm cooperative, private domestic corporation, partnership, or such other legal entity that the Secretary determines to be appropriate,''; and (ii) by striking ``or partners'' and inserting ``partners, or owners''. (3) Section 343(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)) is amended-- (A) in subparagraph (C)-- (i) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity that the Secretary determines to be appropriate''; and (ii) by striking ``or joint operators'' and inserting ``joint operators, or owners''; and (B) in subparagraph (D)-- (i) in clause (i)(II)(aa)-- (I) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity''; and (II) by striking ``or joint operators'' and inserting ``joint operators, or owners''; and (ii) in clause (ii)(II)(aa)-- (I) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity''; and (II) by striking ``or joint operators'' and inserting ``joint operators, or owners''. (4) Section 359(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking ``section 302(a)(2) or 311(a)(2)'' and inserting ``clause (B) of section 302(a)(1) or clause (B) of section 311(a)(1)''. SEC. 3. PURPOSES OF CERTAIN DIRECT LOANS. Section 303(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1923(a)(1)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) refinancing 1 or more loans made or guaranteed under this subtitle.''. SEC. 4. REPEAL OF CERTAIN LOAN TERM LIMITS. (a) Direct Loans.--Section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941) is amended by striking subsection (c). (b) Limitation on Period Borrowers Are Eligible for Guaranteed Assistance.--Section 319 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1949) is amended-- (1) by striking ``(a) Graduation Plan.--The Secretary'' and inserting ``The Secretary''; and (2) by striking subsection (b).

Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Directs the Secretary of Agriculture (USDA) to determine that an entity that is an owner-operator or operator meets the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities. Permits direct loans to be used to refinance Farm Service Agency loans or guaranteed loans. Eliminates the 15-year limitation on the period operating loan borrowers are eligible for guaranteed assistance.

SECTION 1. 100 PERCENT CAPITAL GAINS DEDUCTION. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1201. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer has a net capital gain, 100 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rules.-- ``(1) In general.--In the case of a taxable year which includes January 1, 1997-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after January 1, 1997, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Long-term capital gains.--The deduction allowed by section 1201.'' (c) Technical and Conforming Changes.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 12 of such Code is amended by striking paragraph (4) and redesignating the following paragraphs accordingly. (3)(A) Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (4) The first sentence of paragraph (1) of section 170(e) of such Code is amended by striking ``reduced by the sum of--'' and all that follows and inserting ``reduced by the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value (determined at the time of such contribution).'' (5) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses.-- ``(A) Losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets. ``(B) Deduction for capital gains.--The deduction under section 1201 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the deduction under section 1201 shall be taken into account.'' (7) Paragraph (2) of section 468B(b) of such Code is amended by inserting ``the deduction allowed by section 1201 and by'' after ``reduced by''. (8) Paragraph (2) of section 527(b) of such Code is hereby repealed. (9) Subparagraph (A) of section 641(d)(2) of such Code is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (10) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1201 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (11) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1201 (relating to capital gains deduction) shall not be taken into account.'' (12) Subparagraph (C) of section 643(a)(6) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1201 (relating to capital gains deduction) shall not be taken into account''. (13) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h),''. (14) Paragraph (2) of section 801(a) of such Code is hereby repealed. (15) Subsection (c) of section 831 of such Code is amended by striking paragraph (1) and redesignating the following paragraphs accordingly. (16)(A) Paragraph (3) of section 852(b) of such Code is amended by striking subparagraph (A). (B) Subparagraph (D) of section 852(b)(3) of such Code is amended-- (i) in clause (i) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed that part of the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only) which he would have received if all of such amount had been distributed as capital gain dividends by the company to the holders of such shares at the close of its taxable year.'', and (ii) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii). (17)(A) Paragraph (2) of section 857(b) of such Code is amended by adding at the end the following new subparagraph: ``(G) There shall be excluded the amount of the net capital gain, if any.'' (B) Paragraph (3) of section 857(b) of such Code is amended by striking subparagraph (A). (C) Subparagraph (C) of section 857(b)(3) of such Code is amended by striking ``the excess described in subparagraph (A)(ii) of this paragraph'' and inserting ``the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only)''. (18) The second sentence of section 871(a)(2) of such Code is amended by striking ``1202'' and inserting ``1201''. (19) Paragraph (1) of section 882(a) of such Code is amended by striking ``section 11, 55, 59A, or 1201(a)'' and inserting ``section 11, 55, or 59A''. (20)(A) Paragraph (2) of section 904(b) of such Code is amended to read as follows: ``(2) Capital gains.--Taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Paragraph (3) of section 904(b) of such Code is amended by striking subparagraphs (B), (D), and (E) and by redesignating subparagraph (C) as subparagraph (B). (21) Section 1202 of such Code is hereby repealed. (22) Subsection (b) of section 1374 of such Code is amended by striking paragraph (4). (23) Subsection (b) of section 1381 of such Code is amended by striking ``or 1201''. (24) Paragraph (1) of section 1402(i) of such Code is amended by inserting ``, and the deduction provided by section 1201 shall not apply'' before the period at the end thereof. (25) Subsection (e) of section 1445 of such Code is amended-- (A) in paragraph (1) by striking ``35 percent (or, to the extent provided in regulations, 28 percent)'' and inserting ``the rate specified by the Secretary'', and (B) in paragraph (2) by striking ``35 percent'' and inserting ``the rate specified by the Secretary''. (26) Clause (i) of section 6425(c)(1)(A) of such Code is amended by striking ``or 1201(a)''. (27) Clause (i) of section 6655(g)(1)(A) of such Code is amended by striking ``or 1201(a)''. (28)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (29) The table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1201. Capital gains deduction.'' (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 1996. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) shall apply to taxable years beginning after January 1, 1997. (3) Contributions.--The amendment made by subsection (c)(4) shall apply only to contributions on or after January 1, 1997. (4) Withholding.--The amendment made by subsection (c)(25) shall apply only to amounts paid after the date of the enactment of this Act. (5) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1201 of the Internal Revenue Code of 1986 (as added by this section).

Amends the Internal Revenue Code to replace provisions relating to an alternative tax for corporations on capital gains with provisions making 100 percent of the net capital gain of a taxpayer a deduction from gross income. Provides for the treatment of estates and trusts. Requires reducing net capital gain by the amount the taxpayer takes into account as investment income under specified provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Education and Training Act of 1994''. SEC. 2. FLIGHT TRAINING. (a) Active Duty Program.--Section 3034(d) of title 38, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(d)(1)'' and inserting in lieu thereof ``(d)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (b) Post-Vietnam Era.--Section 3241(b) of such title is amended-- (1) by striking out paragraph (2); (2) by striking out ``(b)(1)'' and inserting in lieu thereof ``(b)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. (c) Reserve Program.--Section 2136(c) of title 10, United States Code, is amended-- (1) by striking out paragraph (2); (2) by striking out ``(c)(1)'' and inserting in lieu thereof ``(c)''; and (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. SEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Rehabilitation Resources.--Section 3115 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking ``assistance,'' and inserting in lieu thereof ``assistance or any federally recognized Indian tribe,''; (2) in subsection (a)(4), by inserting ``any federally recognized Indian tribe,'' after ``contributions,''; and (3) by adding at the end the following: ``(c) As used in this section, the term `federally recognized Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (b) Allowances.--Section 3108(c)(2) of such title is amended by inserting ``or federally recognized Indian tribe'' after ``local government agency''. (c) Technical Correction.--(1) Section 404(b) of the Veterans' Benefits Act of 1992 (106 Stat. 4338) is amended by striking out the period at the end thereof and inserting in lieu thereof ``, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990.''. (2) The amendment made by paragraph (1) shall take effect as of October 29, 1992. SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS. (a) In General.--Section 3452(c) of title 38, United States Code, is amended by adding at the end the following: ``For the period ending on September 30, 1996, such term includes entities that provide training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary).''. (b) Clarifying Amendment.--Section 3002 of title 38, United States Code, is amended by adding at the end thereof the following: ``(8) The term `educational institution' has the meaning given such term in section 3452(c) of this title.''. (c) Effective Date.--The amendments made by this section shall be effective on the date of enactment of this Act. SEC. 5. EDUCATION OUTSIDE THE UNITED STATES. (a) In General.--The first sentence of section 3476 of title 38, United States Code, is amended to read as follows: ``An eligible veteran may not enroll in any course offered by an educational institution not located in a State unless that educational institution is an approved institution of higher learning and the course is approved by the Secretary.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to courses approved on or after the date of the enactment of this Act. SEC. 6. CORRESPONDENCE COURSES. (a) Approval of Programs of Education.--(1) Section 3672 of title 38, United States Code, is amended by adding at the end the following: ``(e) A program of education exclusively by correspondence, and the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an educational institution (as defined in section 3452(c) of this title) may be approved only if (1) the educational institution is accredited by an agency recognized by the Secretary of Education, and (2) at least 50 percent of those pursuing such a program or course require six months or more to complete the program or course.''. (2)(A) Section 3675(a)(2)(B) of such title is amended by striking out ``A State'' and inserting in lieu thereof ``Except as provided in section 3672(e), a State''. (B) Section 3680(a) of such title is amended-- (i) by striking out ``; or'' at the end of paragraph (3) and inserting in lieu thereof a period; and (ii) by striking out paragraph (4). (C) Section 3686(c) of such title is amended by striking out ``(other than one subject to the provisions of section 3676 of this title)''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing after 90 days after the date of the enactment of this Act. SEC. 7. STATE APPROVING AGENCIES. (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, United States Code, is amended by striking out ``$12,000,000'' each place it appears and inserting in lieu thereof ``$13,000,000''. (2) The amendment made by subsection (a) shall apply with respect to services provided under such section after September 30, 1994. (b) Elimination of Report to Congress Requirement.--Section 3674(a)(3) of such title is amended-- (1) by striking out subparagraph (B); and (2) by striking out ``(3)(A)'' and inserting in lieu thereof ``(3)''. (c) Evaluation of Agency Performance.--Section 3674A(a) of such title is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. SEC. 8. MEASUREMENT OF COURSES. Section 3688(b) of title 38, United States Code, is amended-- (1) by striking out ``this chapter or'' and inserting in lieu thereof ``this chapter,''; and (2) by inserting before the period at the end thereof the following: ``, or chapter 106 of title 10''. SEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692 of title 38, United States Code, is amended-- (1) in subsections (a) and (b)-- (A) by striking out ``34,'' both places it appears; and (B) by striking out ``title.'' and inserting in lieu thereof ``title and chapter 106 of title 10.'' both places it appears; and (2) in subsection (c), by striking out ``1994'' and inserting in lieu thereof ``2003''. SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING. (a) Payment Limitation.--Section 3697(b) of title 38, United States Code, is amended by striking out ``$5,000,000'' and inserting in lieu thereof ``$6,000,000''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1994. SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF 1992. (a) Period of Training.--(1) Section 4485(d) of the Service Members Occupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out ``or more than 18 months''. (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. 1143 note) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ``in the community for the entire period of training of the eligible person.''. (B) The amendment made by subparagraph (A) shall apply with respect to programs of training under the Service Members Occupational Conversion and Training Act of 1992 beginning after the date of enactment of this Act. (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. 1143 note) is amended-- (1) in subsection (a)(1)-- (A) by striking out ``subparagraph (B)'' in subparagraph (A) and inserting in lieu thereof ``subparagraphs (B) and (C)''; (B) by inserting before the period at the end of subparagraph (A) the following: ``but in no event to exceed 18 months (or the equivalent training hours)''; and (C) by adding at the end thereof the following new subparagraph: ``(C) Assistance may be paid under this subtitle on behalf of an eligible person to that person's employer for training under two or more programs of job training under this subtitle if such employer has not received (or is not due) on that person's behalf assistance in an amount aggregating the applicable amount set forth in subparagraph (B).''; and (2) in subsection (b)(3), by inserting before the period at the end thereof ``, or upon the completion of the 18th month of training under the last training program approved for the person's pursuit with that employer under this subtitle, whichever is earlier''. (c) Entry Into Program of Job Training.--Section 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out the third sentence thereof and inserting in lieu thereof ``The eligible person may begin such program of job training with the employer on the day that notice is transmitted to such official by means prescribed by such official. However, assistance under this subtitle may not be provided to the employer if such official, within two weeks after the date on which such notice is transmitted, disapproves the eligible person's entry into that program of job training in accordance with this section.''. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Veterans' Education and Training Act of 1994 - Provides for the continued use (currently terminates at the end of FY 1994) of veterans' basic educational assistance for approved flight training for regular veterans, post-Vietnam era veterans, and members of the reserves. (Sec. 3) Authorizes the Secretary of Veterans Affairs to use the facilities of any federally recognized Indian tribe in providing training or work experience for veterans with service-connected disabilities. Allows for the payment of a subsistence allowance to veterans performing training or work on the facilities of such an Indian tribe. (Sec. 4) Includes within the definition of "educational institution" for purposes of the provision of educational assistance to veterans, until September 31, 1996, entities that provide training required for the completion of any State-approved alternative teacher certification program. (Sec. 5) Prohibits a veteran eligible for educational assistance from enrolling in any course at an institution outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. (Sec. 6) Provides for the conditional approval of correspondence courses as courses for which veterans' educational assistance may be provided. (Sec. 7) Increases from $12 million to $13 million the annual limit on the amount authorized to be provided to State and local educational agencies for furnishing courses of education to veterans under the educational assistance program. Removes an educational agency reporting requirement with respect to the provision of such services. (Sec. 9) Continues the Veterans' Advisory Committee on Education through December 31, 2003. (Sec. 10) Increases from $5 million to $6 million the annual funding ceiling for veterans' educational and vocational counseling services obtained by the Department of Veterans Affairs. (Sec. 11) Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) repeal the 18-month limit on training under such Act for employment in stable and permanent positions; (2) revise certain certification requirements under such training program; (3) allow assistance to be paid on behalf of eligible persons for training under two or more training programs if the per-person annual training limit is not exceeded; and (4) allow a person to enter into a job training program on the day that official employer notification is given (currently, the person must wait two weeks after such notification).

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Trade Commission Reauthorization Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. Sec. 3. Independent litigation authority. Sec. 4. Specialized administrative law judges. Sec. 5. Civil penalties for violations of the Federal Trade Commission Act. Sec. 6. Application of Federal Trade Commission Act to tax-exempt organizations. Sec. 7. Aiding and abetting a violation. Sec. 8. Permissive administrative procedure for consumer protection rules. Sec. 9. Rulemaking procedure for subprime lending mortgages and nontraditional mortgage loans. Sec. 10. Harmonizing FTC rules with banking agency rulemaking. Sec. 11. Enforcement by State attorneys general. Sec. 12. Harmonization of national do-not-call registry and effect on State laws. Sec. 13. FTC study of alcoholic beverage marketing practices. Sec. 14. Common carrier exception. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. The text of section 25 of the Federal Trade Commission Act (15 U.S.C. 57c) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission-- ``(1) $264,000,000 for fiscal year 2009; ``(2) $290,400,000 for fiscal year 2010; ``(3) $319,400,000 for fiscal year 2011; ``(4) $351,400,000 for fiscal year 2012; ``(5) $386,500,000 for fiscal year 2013; ``(6) $425,200,000 for fiscal year 2014; and ``(7) $467,700,000 for fiscal year 2015. ``(b) Litigation and Internet Commerce Technology.--There are authorized to be appropriated to the Commission $20,000,000 for each of fiscal years 2009 through 2015 to be used by the Commission to improve technology in support of the Commission's competition and consumer protection missions. ``(c) International Technical Assistance.--From amounts appropriated pursuant to subsection (a), the Commission may spend up to $10,000,000 for each of fiscal years 2009 through 2015 to continue and enhance its provision of international technical assistance with respect to foreign consumer protection and competition regimes.''. SEC. 3. INDEPENDENT LITIGATION AUTHORITY. Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) is amended-- (1) by striking paragraph (1) and inserting ``(1) The Commission may commence, defend, or intervene in, and supervise the litigation of any civil action involving this Act (including an action to collect a civil penalty) and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. The Commission shall notify the Attorney General of any such action and may consult with the Attorney General with respect to any such action or request the Attorney General on behalf of the Commission to commence, defend, or intervene in any such action.''; (2) by striking subparagraph (A) of paragraph (3) and inserting ``(A) The Commission may represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2) or may request the Attorney General to represent the Commission before the Supreme Court in any such action.''; and (3) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4). SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES. (a) In General.--In appointing administrative law judges under section 3105 of title 5, United States Code, to conduct hearings and render initial decisions in formal adjudicative matters before it, the Federal Trade Commission may give preference to administrative law judges who have experience with antitrust or trade regulation litigation and who are familiar with the kinds of economic analysis associated with such litigation. (b) Details.--If the Commission asks the Office of Personnel Management to assign an administrative law judge under section 3344 of title 5, United States Code, to conduct a hearing or render an initial decision in a formal adjudicative matter before it, the Commission may request the assignment of an administrative law judge who has experience with antitrust or trade regulation litigation and is familiar with the kinds of economic analysis associated with such litigation and the Office of Personnel Management shall comply with the request to the maximum extent feasible. SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION ACT. Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(A)) is amended-- (1) by inserting ``this Act, or'' after ``violates'' the first place it appears; and (2) by inserting ``a violation of this Act or such act is'' after ``such act is''. SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking ``members.'' in the second full paragraph and inserting ``members, and includes an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.''. SEC. 7. AIDING AND ABETTING A VIOLATION. Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is amended by adding at the end thereof the following: ``It is unlawful for any person to aid or abet another in violating any provision of this Act or any other Act enforceable by the Commission.''. SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION RULES. (a) In General.--Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) is amended by adding at the end thereof the following: ``(k) Alternative Rulemaking Procedure.--The Commission may, by majority vote of the full Commission, dispense with the requirements of other provisions of this section and of section 22 of this Act with respect to rulemaking involving a consumer protection matter (as determined by the Commission). If the Commission dispenses with such requirements with respect to such a rulemaking, it shall conduct such rulemaking in accordance with section 553 of title 5, United States Code, and in such case the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND NONTRADITIONAL MORTGAGE LOANS. Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as amended by section 8, is further amended by adding at the end thereof the following: ``(l) Special Rule for Certain Mortgage-Related Rulemakings.-- Notwithstanding any other provision of this section, section 22 of this Act, or any other provision of law, the Commission shall conduct rulemaking proceedings with respect to subprime mortgage lending and nontraditional mortgage loans in accordance with section 553 of title 5, United States Code, and the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING. (a) In General.--The second sentence of section 18(f)(1) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended-- (1) by striking ``The Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions described in paragraph (3))'' and inserting ``Each Federal banking agency (with respect to the depository institutions each such agency supervises)''; and (2) by inserting ``in consultation with the Commission'' after ``shall prescribe regulations''. (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is further amended by inserting after the second sentence the following: ``Such regulations shall be prescribed jointly by such agencies to the extent practicable. Notwithstanding any other provision of this section, whenever such agencies commence such a rulemaking proceeding, the Commission, with respect to the entities within its jurisdiction under this Act, may commence a rulemaking proceeding and prescribe regulations in accordance with section 553 of title 5, United States Code. If the Commission commences such a rulemaking proceeding, the Commission, the Federal banking agencies, and the National Credit Union Administration Board shall consult and coordinate with each other so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency to the extent practicable.''. (c) GAO Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the status of regulations of the Federal banking agencies and the National Credit Union Administration regarding unfair and deceptive acts or practices by the depository institutions. (d) Technical and Conforming Amendments.--Section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``banks or savings and loan institutions described in paragraph (3), each agency specified in paragraph (2) or (3) of this subsection shall establish'' and inserting ``depository institutions and Federal credit unions, the Federal banking agencies and the National Credit Union Administration Board shall each establish''; and (B) by striking ``banks or savings and loan institutions described in paragraph (3), subject to its jurisdiction'' before the period and inserting ``depository institutions or Federal credit unions subject to the jurisdiction of such agency or Board''; (2) in the sixth sentence of paragraph (1) (as amended by subsection (b))-- (A) by striking ``each such Board'' and inserting ``each such banking agency and the National Credit Union Administration Board''; (B) by striking ``banks or savings and loan institutions described in paragraph (3)'' each place such term appears and inserting ``depository institutions subject to the jurisdiction of such agency''; (C) by striking ``(A) any such Board'' and inserting ``(A) any such Federal banking agency or the National Credit Union Administration Board''; and (D) by striking ``with respect to banks, savings and loan institutions'' and inserting ``with respect to depository institutions''; (3) by adding at the end of paragraph (1) the following new sentence: ``For purposes of this subsection, the terms `Federal banking agency' and `depository institution' have the same meaning as in section 3 of the Federal Deposit Insurance Act.''; (4) in paragraph (2)(C), by inserting ``than'' after ``(other''; (5) in paragraph (3), by inserting ``by the Director of the Office of Thrift Supervision'' before the period at the end; (6) in paragraph (4), by inserting ``by the National Credit Union Administration'' before the period at the end; and (7) in paragraph (6), by striking ``the Board of Governors of the Federal Reserve System'' and inserting ``any Federal banking agency or the National Credit Union Administration Board''. SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL (a) In General.--Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of the Federal Trade Commission Act or any other Act enforced by the Federal Trade Commission to obtain penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of a subprime mortgage lending rule or a nontraditional mortgage loan rule promulgated by the Federal Trade Commission. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (c) Intervention by FTC.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; (2) remove the action to the appropriate United States district court; and (3) file petitions for appeal of a decision in such civil action. (d) Savings Clause.--Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Venue; Service of Process; Joinder.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which the lender or a related party operates or is authorized to do business; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with a lender or related party to an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Preemptive Action by FTC.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under (a), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (g) Award of Costs and Fees.--If the attorney general of a State prevails in any civil action under subsection (a), the State can recover reasonable costs and attorney fees from the lender or related party. SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON STATE LAWS. (a) Amendment of the Telemarketing and Consumer Fraud and Abuse Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end thereof the following: ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not- Call Implementation Act (15 U.S.C. 6101 note) preempts any State law that imposes more restrictive requirements on intrastate or interstate telemarketing to telephone numbers on a do-not-call registry maintained by that State.''. (b) Conforming Amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate or'' after ``restrictive''. SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES. Within 2 years after the Federal Trade Commission completes its study entitled Self-Regulation in the Alcohol Industry and every 2 years thereafter, the Commission shall transmit a report to the Congress on advertising and marketing practices for alcoholic beverages, together with such recommendations, including legislative recommendations, as the Commission deems appropriate. In preparing the report, the Commission shall consider information contained in reports by the Secretary of Health and Human services under section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to the extent feasible, data on measured and unmeasured media by brand and type of beverage, and data on expenditures for slotting and discounting. SEC. 14. COMMON CARRIER EXCEPTION. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking the paragraph containing the definition of the term ``Acts to regulate commerce'' and inserting the following: ```Acts to regulate commerce' means subtitle IV of title 49, United States Code, and all Acts amendatory thereof and supplementary thereto.''.

Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions. Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so. Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience. Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act. Permits the FTC to enforce the Act against nonprofit organizations. Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act. Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions. Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (regarding banks) and the Federal Home Loan Bank Board (regarding savings and loan institutions). Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule. Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted. Provides for an FTC study of alcoholic beverage marketing. Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of "Acts to regulate commerce."

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recall Unsafe Drugs Act of 2017''. SEC. 2. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure to comply with-- ``(1) the notification requirement under section 569D(a); ``(2) an order issued under paragraph (1) of section 569D(c), following a hearing, if requested, under paragraph (2)(C) of such section; ``(3) an order amended under paragraph (2) or paragraph (3) of section 569D(c); or ``(4) an emergency order issued under section 569D(d). ``(fff) The failure to have in effect a recall plan under section 569(g).''. (b) Nondistribution and Recall of Adulterated or Misbranded Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. ``(a) Notification Regarding Certain Adulterated or Misbranded Drugs.-- ``(1) In general.--Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe-- ``(A) that such drug, when introduced into or while in interstate commerce, or while held for sale (regardless of whether the first sale) after shipment in interstate commerce, is adulterated or misbranded; and ``(B) there is a reasonable probability that the use or consumption of, or exposure to, the drug (or an ingredient or component used in any such drug) will cause a threat of serious adverse health consequences or death to humans or animals. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. ``(b) Voluntary Recall.--The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily-- ``(1) recall such drug; and ``(2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(c) Order To Cease Distribution and Recall Drug and Related Procedures.-- ``(1) Issuance of order.--If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug (or an ingredient or component used in any such drug) may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug-- ``(A) to immediately cease distribution of such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. ``(2) Action following order.-- ``(A) Cease distribution and notification.--Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. ``(B) Appeal.--Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). ``(C) Informal hearing.--Except as provided in subsection (d), if an appeal made under subparagraph (B) contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Order to recall.-- ``(A) Amendment.--Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Contents.--An amended order under subparagraph (A) shall-- ``(i) specify a timetable in which the recall will occur; ``(ii) require periodic reports to the Secretary describing the progress of the recall; and ``(iii) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. ``(C) Nondelegation.--An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. ``(d) Emergency Recall Order.-- ``(1) In general.--If the Secretary has credible evidence or information that a drug subject to an order under subsection (c)(1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug-- ``(A) to immediately recall such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(2) Action following order.-- ``(A) Recall and notification.--Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. ``(B) Appeal.-- ``(i) Timing.--Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. ``(ii) Continuation of recall.--The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. ``(C) Informal hearing.--An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Nondelegation.--An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. ``(e) Notice to Consumers and Health Officials.--The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. ``(f) Savings Clause.--Nothing contained in this section shall be construed as limiting-- ``(1) the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act; or ``(2) the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act. ``(g) Recall Plan.--Any person required to register under section 510 shall have in effect a recall plan consistent with the requirements of this section.''. (c) Delayed Applicability.--The amendments made by this section apply beginning on the date that is one year after the date of the enactment of this Act.

Recall Unsafe Drugs Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require producers of medications to notify the Food and Drug Administration (FDA) of the identity and location of a medication if the producer has reason to believe: (1) that the medication is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the medication will cause a threat of serious adverse health consequences or death to humans or animals. The FDA may: (1) request that the distributor of a medication that is in violation of the FFDCA voluntarily recall the medication; (2) require the distributor of a medication that may cause serious adverse health consequences to immediately cease distribution of the medication; (3) recall a medication for which distribution has been ceased after giving the distributor an opportunity for an informal hearing; and (4) immediately recall a medication that presents an imminent threat of serious adverse health consequences. Distributors may appeal these FDA orders. In the case of a recall, the FDA must notify consumers and state and local health officials to whom the medication was, or may have been, distributed. Medication distributors must have a recall plan in effect.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pesticide Maintenance Fees Reauthorization Act''. SEC. 2. MAINTENANCE FEE. (a) Amounts for Registrants.--Section 4(i)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)) is amended-- (1) in subparagraph (A), by striking ``each year'' and all that follows and inserting ``each year $2,300 for each registration''; (2) in subparagraph (D)-- (A) in clause (i), by striking ``$55,000'' and inserting ``$70,000''; and (B) in clause (ii), by striking ``$95,000'' and inserting ``$120,000''; and (3) in subparagraph (E)(i)-- (A) in subclause (I) by striking ``$38,500'' and inserting ``$46,000''; and (B) in subclause (II), by striking ``$66,500'' and inserting ``$80,000''. (b) Total Amount of Fees.--Section 4(i)(5)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)- 1(i)(5)(C)) is amended-- (1) by striking ``(C)(i) The'' and inserting the following: ``(C) Total amount of fees.--The''; (2) by striking ``$14,000,000 each fiscal year'' and inserting ``$20,000,000 for each of fiscal years 2002 through 2006''; and (3) by striking clause (ii). (c) Definition of Small Business.--Section 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a- 1(i)(5)(E)(ii)) is amended-- (1) in subclause (I), by striking ``150'' and inserting ``500''; and (2) in subclause (II), by striking ``gross revenue from chemicals that did not exceed $40,000,000'' and inserting ``global gross revenue from pesticides that did not exceed $60,000,000''. (d) Extension of Authority.--Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by striking ``2001'' and inserting ``2006''. SEC. 3. OTHER FEES. Section 4(i)(6) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended by striking ``2001'' and inserting ``2006''. SEC. 4. EXPEDITED PROCESSING OF SIMILAR APPLICATIONS. Section 4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended-- (1) in the paragraph heading, by striking ``Expedited'' and inserting ``Review of inert ingredients; expedited''; and (2) in subparagraph (A)-- (A) by striking ``1997 through 2001, not more than'' and inserting ``2002 through 2006,''; (B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and adjusting the margins appropriately; and (C) by striking ``assure the expedited processing and review of any applicant that'' and inserting the following: ``(i) review and evaluate inert ingredients; and ``(ii) ensure the expedited processing and review of any application that--''. SEC. 5. PESTICIDE TOLERANCE PROCESSING FEES. Section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)) is amended-- (1) by striking ``The Administrator'' and inserting the following: ``(A) In general.--The Administrator''; (2) by striking ``Under the regulations'' and inserting the following: ``(B) Inclusions.--Under the regulations''; (3) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and adjusting the margins appropriately; (4) by striking ``The regulations may'' and inserting the following: ``(C) Waiver; refund.--The regulations may''; and (5) by adding at the end the following: ``(D) Tolerance processing fees.-- ``(i) In general.--Except as provided in clause (ii), during the period beginning on the date of enactment of this subparagraph and ending on September 30, 2006, the Administrator shall not promulgate regulations addressing pesticide tolerance processing fees. ``(ii) Exception for current fee schedule.--The Administrator may annually promulgate regulations to implement changes in the amounts in the schedule of pesticide tolerance processing fees in effect on the date of enactment of this subparagraph by the same percentage as the annual adjustment to the Federal General Schedule pay scale under section 5303 of title 5, United States Code.''.

Pesticide Maintenance Fees Authorization Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act, with respect to the pesticide registration maintenance fee system, to: (1) make uniform the amount of the annual fee for each registration; (2) set maximum amounts payable by a registrant and an increased aggregate amount of collected fees for FY 2002 through 2006; (3) expand the definition of a small business; and (4) extend the authority to collect such fees and the prohibition on levy of fees other than those specified in the Act's fee provisions.Extends the requirement that the Administrator of the Environmental Protection Agency use maintenance fees to ensure expedited processing of similar applications and adds a requirement that the fees be used to review inert ingredients.Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator, through FY 2006, from promulgating regulations addressing pesticide tolerance processing fees (except those changing current fee amounts by the same percentage as the annual adjustment to the Federal General Schedule pay scale).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Secrets Safety Act of 2000''. SEC. 2. INVENTORY OF RESTRICTED DATA AT NATIONAL SECURITY LABORATORIES. (a) Inventory Required.--Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall conduct an inventory of each document or device at each national security laboratory that contains Restricted Data and shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of that inventory. (b) Definitions.--For purposes of this section: (1) The term ``national security laboratory'' has the meaning given such term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471). (2) The term ``Restricted Data'' has the meaning given such term in paragraphs (1) and (2) of section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). SEC. 3. INCREASED SECURITY FOR VAULTS AT NATIONAL SECURITY LABORATORIES. (a) Access to Vaults.--(1) Section 3234 of the National Nuclear Security Administration Act (50 U.S.C. 2424) is amended-- (A) by striking ``The Administrator'' and inserting ``(a) Procedures Required.--The Administrator''; and (B) by adding at the end the following new subsection: ``(b) Access to Vaults at National Security Laboratories.--With respect to any vault containing Restricted Data at any national security laboratory, the procedures shall, at a minimum, provide that an individual shall not have unrestricted access to any such vault except in accordance with the following requirements: ``(1) Before each such access, the identity of the individual is verified by-- ``(A) an attendant through direct visual observation; ``(B) biometric technology; or ``(C) other means providing a high confidence level in verifying the identity of the individual. ``(2) For each such access, a permanent record of such access is maintained. ``(c) Change of Lock Combinations to Vaults at National Security Laboratories.--The Administrator shall ensure, for each vault containing Restricted Data at each national security laboratory, that the combination of each lock to such vault is changed not later than-- ``(1) one week after each removal of an individual from the list of individuals permitted access to such vault; and ``(2) 12 months after the date on which the combination was last changed.''. (2) The requirements of subsection (b) of section 3234 of such Act (as added by paragraph (1)) shall apply to each access referred to in that subsection that occurs after the expiration of the 24-hour period beginning upon the enactment of this Act. (3) The Administrator for Nuclear Security shall ensure, for each vault containing Restricted Data at each national security laboratory, that the combination of each lock to such vault is changed not later than 30 days after the date of the enactment of this Act. (b) Report on NNSA Polygraph Policy.--(1) Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the policy recommendations of the Adminstrator regarding the use of counterintelligence polygraph examinations within the National Nuclear Security Administration. The report shall contain the recommendations of the Administrator as to what the policy of the Administration should be regarding-- (A) the use of such examinations generally as a prerequisite to access (restricted or unrestricted) to Restricted Data; and (B) the use of such examinations as a prerequisite to access (restricted or unrestricted) to vaults containing Restricted Data. (2) For purposes of this section, the term ``Restricted Data'' has the meaning given such term in paragraphs (1) and (2) of section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). SEC. 4. USE OF ELECTRONIC LOCKS FOR CLASSIFIED AREAS AND CLASSIFIED INFORMATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION. Section 3234 of the National Nuclear Security Administration Act (50 U.S.C. 2424), as amended by section 3 of this Act, is further amended by adding at the end the following new subsection: ``(d) Electronic Locks Required.--The Administrator shall ensure that, after October 1, 2002, each lock used by the Administration to secure any vault, safe, or other container used to store Restricted Data is an electronic lock that meets or exceeds the FF-L-2740A lock standard of the General Services Administration, as in effect on the date of the enactment of the Nuclear Secrets Safety Act of 2000.''. Amend the title so as to read: ``A bill to require an inventory of documents and devices containing Restricted Data at the national security laboratories of the National Nuclear Security Administration, to improve security procedures for access to the vaults containing Restricted Data at those laboratories, and for other purposes.''.

Amends the National Nuclear Security Administration Act, with respect to procedures for ensuring that any individual is not permitted access to any classified area of a laboratory vault containing Restricted Data, to require such procedures, at a minimum, to provide that an individual shall not have access to any such vault unless, before each access, the individual's identity is verified by an attendant through direct visual observation. Requires the counterintelligence program at each such laboratory to include a polygraph program for individuals with access to any vault containing Restricted Data. Requires each such individual to undergo a polygraph examination within one year after having access to any such vault, in particular within 30 days after first access (or within 120 days after enactment of this Act, if first access occurred on or before enactment). Requires the Administrator for Nuclear Security to ensure that the combination of each lock to each laboratory vault containing Restricted Data is changed not later than 30 days after enactment of this Act.

.-- (1) Definition.--For purposes of this section, a joint resolution means a resolution introduced by any Member of Congress after the date the notification described in section 3 is received, the resolving clause of which contains only the following: ``That Congress does not agree with the justification contained in the notification submitted by the President pursuant to the China Nonproliferation Act on ______________ and that the President shall exercise the mandatory measures under section 4 of the Act and one or all of the tier ____ measures under that Act.''; with the first blank space being filled with the appropriate date and the second blank space being filled with the appropriate tier. (2) Referral to committee.-- (A) Senate.--A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. (B) House of representatives.--A joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives. (C) Reporting.--A joint resolution may not be reported before the 8th day after the date on which the joint resolution is introduced. (3) Discharge of committee.--If the committee to which a joint resolution is referred in either House has not reported the joint resolution (or an identical joint resolution) at the end of 15 calendar days during which that House is in session after the date on which the joint resolution is introduced-- (A) the committee shall be deemed to be discharged from further consideration of the joint resolution; and (B) the joint resolution shall be placed on the appropriate calendar of that House. (4) Floor consideration.-- (A) In general.-- (i) Motion to proceed to consideration.-- When the committee to which a joint resolution is referred in either House has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a joint resolution-- (I) it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of that House to move to proceed to the consideration of the joint resolution; and (II) all points of order against the joint resolution (and against consideration of the joint resolution) are waived. (ii) Treatment of motion.--A motion under clause (i)-- (I) is privileged in the Senate and is highly privileged in the House of Representatives; (II) is not debatable; and (III) is not subject to amendment, a motion to postpone, or a motion to proceed to the consideration of other business. (iii) No motion to reconsider.--A motion to reconsider the vote by which a motion under clause (i) is agreed to or disagreed to shall not be in order. (iv) Agreement to motion.--If a motion under clause (i) is agreed to, the joint resolution shall remain the unfinished business of the House until the House disposes of the joint resolution. (B) Debate.-- (i) Time.--Debate on a joint resolution, and on all debatable motions and appeals in connection with consideration of a joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. (ii) Amendments and motions out of order.-- An amendment to a joint resolution, a motion to postpone, to proceed to the consideration of other business, or to recommit such a joint resolution, or a motion to reconsider the vote by which such a joint resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--A vote on final passage of the joint resolution shall be taken in each House on or before the close of the 15th calendar day during which that House is in session after the resolution is reported by the committee of that House to which it was referred, or after the committee has been discharged from further consideration of the resolution. (D) Rulings of the chair of procedure.--Appeals from the decisions of the Chair relating to the application of the rules of either House to the procedure relating to a joint resolution shall be decided without debate. (5) Coordination with action by other house.-- (A) In general.--If, before the passage by 1 House of a joint resolution of that House, that House receives from the other House a joint resolution, the procedures stated in this paragraph shall apply. (B) No referral.--The joint resolution of the other House shall not be referred to a committee. (C) Procedure.--With respect to a joint resolution of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (6) Rules of the senate and the house of representatives.-- This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively; and (i) is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution; and (ii) supersedes other rules only to the extent that the subsection is inconsistent with those rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as the rules relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. SEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF CHINA FROM SECTIONS 4 AND 5. (a) In General.--Sections 4 and 5 shall not apply to a person or to the People's Republic of China 15 days after the President reports to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Armed Services of the Senate, the Select Committee on Intelligence of the Senate, and the Committee on Governmental Affairs of the Senate, that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that-- (1) the person did not, on or after January 1, 2000, knowingly transfer to or export from the People's Republic of China the goods, services, or technology the apparent transfer or export of which caused that person to be identified in a report submitted pursuant to section 3(a); (2) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 3(a) with respect to a transfer of goods, services, or technology described in section 3(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or (3) it is important to the national security of the United States not to apply the provisions of section 4 or 5. (b) Opportunity To Provide Information.--Congress urges the President-- (1) in every appropriate case, to contact in a timely fashion each person identified in each report submitted pursuant to section 3(a), or the government with primary jurisdiction over such person, in order to afford such person or government, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 3(a); and (2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 3(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. (c) Submission in Classified Form.--The determination and report of the President under subsection (a) should be submitted in unclassified form, with classified annexes as necessary. SEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT. (a) Definitions.--In this section, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Registered national securities association.--The term ``registered national securities association'' means an association registered under section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3(b)). (3) Registered national securities exchange.--The term ``registered national securities exchange'' means a national securities exchange registered under 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). (4) Registration statement.--The term ``registration statement'' has the same meaning as in section 2 of the Securities Act of 1933 (15 U.S.C. 77b). (5) Securities laws.--The terms ``securities laws'' and ``security'' have the same meanings as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c). (b) Notification to the Commission.--Each report prepared by the President under section 3 shall be transmitted to the Commission at the times specified in section 3(b). (c) Regulations.--Not later than 6 months after the date of enactment of this Act, the Commission shall promulgate regulations-- (1) to ensure that securities investors are notified of the identity of any person included in a report prepared by the President under section 3, the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment thereof) or by a registered national securities association; and (2) to require each person included in a report of the President under section 3 to provide notice of such inclusion in each written report, statement, or other filing or notice required from that person under the securities laws, including-- (A) any registration statement; (B) any annual or quarterly report, statement, or other filing or notice; (C) any proxy, consent, authorization, information statement, or other notice required to be sent to shareholders with respect to any security registered pursuant to the securities laws; (D) any report, statement, or other filing or notice required in connection with an initial public offering; and (E) any report, statement, or other filing required in connection with a merger, acquisition, tender offer, or similar transaction.

(Sec. 3) Requires the President to include in the report information: (1) on any action taken by a person identified in a prior annual report that establishes that the person has discontinued, rectified, or mitigated a prior proliferation activity identified under this Act; (2) on measures taken against such persons or against China in response to proliferation activities; and (3) other specified information. Requires submission of such reports in unclassified form, with classified annexes as necessary. (Sec. 4) Directs the President to apply certain measures for at least 12 months to each person identified in the annual report. Includes among such measures: (1) those set forth Executive Order No. 12938; (2) prohibition of U.S. Government transfers or sales to such person of any item on the U.S. Munitions List, and termination of all sales and after-sale servicing to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act; (3) denial of licenses, suspension of existing licenses, and termination of all transfers or sales and after-sale servicing for the transfer to such person of any item the export of which is controlled under the Export Administration Act of 1979 or the Export Administration regulations; (4) prohibition of U.S. Government procurement of any goods or services from such person; (5) prohibition of U.S. assistance to such person in the form of grants, loans, credits, guarantees, or otherwise; (6) immediate suspension of any agreements or efforts for the co-development or co-production with such person of any item on the U.S. Munitions List. Sets conditions for the lifting of such measures. (Sec. 5) Requires the President to apply additional specified tier 1, tier 2, and tier 3 measures against China if certain circumstances exist. Requires one or more tier 2 measures if a person's proliferation activities are not rectified, or a person has engaged in additional proliferation activities, one year after imposition of section (4) measures, and one or more tier 3 measures if similar circumstances exist two years after imposition of section (4) measures. (Sec. 6) Sets forth procedures for congressional review of any presidential decision not to impose sanctions under this Act, or to exempt a person or China from such sanctions. Mandates imposition of such sanctions if Congress disapproves by joint resolution the President's decision. (Sec. 7) Requires transmittal to the Securities and Exchange Commission (SEC) of the President's annual report under this Act. Requires the SEC to promulgate regulations to: (1) ensure that securities investors are notified of the identity of any person in the report the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment) or by a registered national securities association; and (2) require each person included in such a report to provide notice of such inclusion in each written report, registration statement, or other filing or notice required from that person under the securities laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education in Vocational Technology Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) rapid technological advances and global economic competition demand increased levels of skilled technical education by high school graduates and other young job seekers entering the workforce; (2) in order to increase the productivity of the Nation's economy and ensure that an adequate number of high school graduates and other workers are qualified to enter the high technology workplace of the future, it is necessary to improve the quality of instruction in manufacturing and other vocational technologies; and (3) technical education programs which use state-of-the-art equipment and appropriate technologies will help provide workers with the technical skills necessary for employment in a changing workplace. SEC. 3. PURPOSE. The purpose of this Act is to provide grants to States that-- (1) assist local educational agencies in improving the quality of instruction and training in, or developing instruction and training in, manufacturing and other vocational technologies; and (2) assist local educational agencies in purchasing state- of-the-art equipment for technical vocational education. SEC. 4. GRANTS FOR EDUCATION AND TRAINING. (a) Authorization.-- (1) In general.--The Secretary is authorized to make grants to the States to improve the quality of instruction or training in, or develop instruction and training in, manufacturing and other occupational technologies. (2) State application.--A State Board of Vocational Education that desires to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner and form as the Secretary may reasonably require. (3) State costs.--Not more than 10 percent of a grant received under this section may be used by the State Board of Vocational Education for administrative costs. (b) Allocations.--Not less than 90 percent of the amount received by a State Board of Vocational Education shall be distributed to local educational agencies. (c) Local Funds.-- (1) Local application.--A local educational agency that desires to receive a grant under this section shall submit an application to the State Board of Vocational Education. (2) Distribution.--In approving grants under this section, the State Board of Vocational Education shall assure an equitable distribution among urban and rural areas of the State. (3) Administrative costs.--Not more than 5 percent of a grant made under this section to a local educational agency may be used for administrative costs. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 1995 through 1999 to carry out this section. SEC. 5. GRANTS FOR EQUIPMENT. (a) Authorization.-- (1) In general.--The Secretary is authorized to make grants to the States to assist States in purchasing state-of-the-art equipment for technical vocational education. (2) State application.--A State Board of Vocational Education that desires to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner and form as the Secretary may reasonably require. States that also are applying for a grant under section 4(a)(2), may amend such application to include programs under this section. (3) State costs.--Not more than 10 percent of a grant received under this section may be used by a State Board of Vocational Education for administrative costs. (b) Allocations.--Not less than 90 percent of the amount received by a State Board of Vocational Education shall be distributed to local educational agencies. (c) Local Funds.-- (1) Local application.--A local educational agency that desires to receive a grant under this section shall submit an application to the State Board of Vocational Education. (2) Distribution.--In approving grants under this section, the State Board of Vocational Education shall assure an equitable distribution among urban and rural areas of the State. (3) Administrative costs.--Not more than 5 percent of a grant made under this section to a local educational agency may be used for administrative costs. (d) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 1995 through 1999 to carry out this section. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Education. (2) The term ``local educational agency'' has the same meaning given such term in section 1471 of the Elementary and Secondary Education Act of 1965. (3) The term ``State Board of Vocational Education'' means the sole State agency responsible for the administration or the supervision of the State vocational education program as described in section 111(a) of the Carl D. Perkins Vocational and Applied Technology Education Act.

Education in Vocational Technology Act - Authorizes the Secretary of Education to make grants to States to assist local educational agencies in: (1) improving the quality of or developing instruction and training in manufacturing and other vocational technologies; and (2) purchasing state-of-the-art equipment for technical vocational education. Requires State Boards of Vocational Education to distribute at least 90 percent of such amounts to local education agencies, equitably among urban and rural areas. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 110,000,000 orphans live in sub-Saharan Africa, Asia, Latin America, and the Caribbean. These children often are disadvantaged in numerous and devastating ways and most households with orphans cannot meet the basic needs of health care, food, clothing, and educational expenses. (2) It is estimated that 121,000,000 children worldwide do not attend school and that the majority of such children are young girls. According to the United Nations Children's Fund (UNICEF), orphans are less likely to be in school and more likely to be working full time. (3) School food programs, including take-home rations, in developing countries provide strong incentives for children to remain in school and continue their education. School food programs can reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement. (4) Financial barriers, such as school fees and other costs of education, prevent many orphans and other vulnerable children in developing countries from attending school. Providing children with free primary school education, while simultaneously ensuring that adequate resources exist for teacher training and infrastructure, would help more orphans and other vulnerable children obtain a quality education. (5) The trauma that results from the loss of a parent can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child's performance in school and the child's social relations. Children living in families affected by HIV/AIDS or who have been orphaned by AIDS often face stigmatization and discrimination. Providing culturally appropriate psychosocial support to such children can assist them in successfully accepting and adjusting to their circumstances. (6) Orphans and other vulnerable children in developing countries routinely are denied their inheritance or encounter difficulties in claiming the land and other property which they have inherited. Even when the inheritance rights of women and children are spelled out in law, such rights are difficult to claim and are seldom enforced. In many countries it is difficult or impossible for a widow, even if she has young children, to claim property after the death of her husband. (7) The HIV/AIDS pandemic has had a devastating affect on children and is deepening poverty in entire communities and jeopardizing the health, safety, and survival of all children in affected areas. (8) The HIV/AIDS pandemic has increased the number of orphans worldwide and has exacerbated the poor living conditions of the world's poorest and most vulnerable children. AIDS has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. An estimated 14,000,000 orphans have lost 1 or both parents to AIDS. By 2010, it is estimated that over 25,000,000 children will have been orphaned by AIDS. (9) Approximately 2,500,000 children under the age of 15 worldwide have HIV/AIDS. Every day another 2,000 children under the age of 15 are infected with HIV. Without treatment, most children born with HIV can expect to die by age two, but with sustained drug treatment through childhood, the chances of long-term survival and a productive adulthood improve dramatically. (10) Few international development programs specifically target the treatment of children with HIV/AIDS in developing countries. Reasons for this include the perceived low priority of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits of pediatric treatment. (11) Although a number of organizations seek to meet the needs of orphans or other vulnerable children, extended families and local communities continue to be the primary providers of support for such children. (12) The HIV/AIDS pandemic is placing huge burdens on communities and is leaving many orphans with little support. Alternatives to traditional orphanages, such as community-based resource centers, continue to evolve in response to the massive number of orphans that has resulted from the pandemic. (13) The AIDS orphans crisis in sub-Saharan Africa has implications for political stability, human welfare, and development that extend far beyond the region, affecting governments and people worldwide, and this crisis requires an accelerated response from the international community. (14) Although section 403(b) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(b)) establishes the requirement that not less than 10 percent of amounts appropriated for HIV/AIDS assistance for each of fiscal years 2006 through 2008 shall be expended for assistance for orphans and other vulnerable children affected by HIV/AIDS, there is an urgent need to provide assistance to such children prior to 2006. (15) Numerous United States and indigenous private voluntary organizations, including faith-based organizations, provide assistance to orphans and other vulnerable children in developing countries. Many of these organizations have submitted applications for grants to the Administrator of the United States Agency for International Development to provide increased levels of assistance for orphans and other vulnerable children in developing countries. (16) Increasing the amount of assistance that is provided by the Administrator of the United States Agency for International Development through United States and indigenous private voluntary organizations, including faith-based organizations, will provide greater protection for orphans and other vulnerable children in developing countries. (17) It is essential that the United States Government adopt a comprehensive approach for the provision of assistance to orphans and other vulnerable children in developing countries. A comprehensive approach would ensure that important services, such as basic care, psychosocial support, school food programs, increased educational opportunities and employment training and related services, the protection and promotion of inheritance rights for such children, and the treatment of orphans and other vulnerable children with HIV/AIDS, are made more accessible. (18) Assistance for orphans and other vulnerable children can best be provided by a comprehensive approach of the United States Government that-- (A) ensures that Federal agencies and the private sector coordinate efforts to prevent and eliminate duplication of efforts and waste in the provision of such assistance; and (B) to the maximum extent possible, focuses on community-based programs that allow orphans and other vulnerable children to remain connected to the traditions and rituals of their families and communities. SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN DEVELOPING COUNTRIES. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following section: ``SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN. ``(a) Findings.--Congress finds the following: ``(1) There are more than 110,000,000 orphans living in sub-Saharan Africa, Asia, Latin America, and the Caribbean. ``(2) The HIV/AIDS pandemic has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. The pandemic is deepening poverty in entire communities, and is jeopardizing the health, safety, and survival of all children in affected countries. It is estimated that 14,000,000 children have lost one or both parents to AIDS. ``(3) The orphans crisis in sub-Saharan Africa has implications for human welfare, development, and political stability that extend far beyond the region, affecting governments and people worldwide. ``(4) Extended families and local communities are struggling to meet the basic needs of orphans and vulnerable children by providing food, health care including treatment of children living with HIV/AIDS, education expenses, and clothing. ``(5) Providing assistance to such children is an important expression of the humanitarian concern and tradition of the people of the United States. ``(b) Definitions.--In this section: ``(1) AIDS.--The term `AIDS' has the meaning given the term in section 104A(g)(1) of this Act. ``(2) Children.--The term `children' means persons who have not attained the age of 18. ``(3) HIV/AIDS.--The term `HIV/AIDS' has the meaning given the term in section 104A(g)(3) of this Act. ``(4) Orphan.--The term `orphan' means a child deprived by death of one or both parents. ``(5) Psychosocial support.--The term `psychosocial support' includes care that addresses the ongoing psychological and social problems that affect individuals, their partners, families, and caregivers in order to alleviate suffering, strengthen social ties and integration, provide emotional support, and promote coping strategies. ``(c) Assistance.--The President is authorized to provide assistance, including providing such assistance through international or nongovernmental organizations, for programs in developing countries to provide basic care and services for orphans and other vulnerable children. Such programs should provide assistance-- ``(1) to support families and communities to mobilize their own resources through the establishment of community-based organizations to provide basic care for orphans and other vulnerable children; ``(2) for school food programs, including the purchase of local or regional foodstuffs where appropriate; ``(3) to increase primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure; ``(4) to provide employment training and related services for orphans and other vulnerable children who are of legal working age; ``(5) to protect and promote the inheritance rights of orphans, other vulnerable children, and widows; ``(6) to provide culturally appropriate psychosocial support to orphans and other vulnerable children; and ``(7) to treat orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies. ``(d) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2005 and 2006. ``(2) Availability of funds.--Amounts made available under paragraph (1) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes. ``(3) Relationship to other laws.--Amounts made available for assistance pursuant to this subsection, and amounts made available for such assistance pursuant to any other provision of law, may be used to provide such assistance notwithstanding any other provision of law.''. SEC. 4. STRATEGY OF THE UNITED STATES. (a) Requirement for Strategy.--Not later than 180 days after the date of enactment of this Act, the President shall develop, and submit to the appropriate congressional committees, a strategy for coordinating, implementing, and monitoring assistance programs for orphans and vulnerable children. (b) Consultation.--The President should consult with employees of the field missions of the United States Agency for International Development in developing the strategy required by subsection (a) to ensure that such strategy-- (1) will not impede the efficiency of implementing assistance programs for orphans and vulnerable children; and (2) addresses the specific needs of indigenous populations. (c) Content.--The strategy required by subsection (a) shall include-- (1) the identity of each agency or department of the Federal Government that is providing assistance for orphans and vulnerable children in foreign countries; (2) a description of the efforts of the head of each such agency or department to coordinate the provision of such assistance with other agencies or departments of the Federal Government or nongovernmental entities; (3) a description of a coordinated strategy, including coordination with other bilateral and multilateral donors, to provide the assistance authorized in section 135 of the Foreign Assistance Act of 1961, as added by section 3 of this Act; (4) an analysis of additional coordination mechanisms or procedures that could be implemented to carry out the purposes of such section; (5) a description of a monitoring system that establishes performance goals for the provision of such assistance and expresses such goals in an objective and quantifiable form, to the extent feasible; and (6) a description of performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (5). SEC. 5. ANNUAL REPORT. Not later than one year after the date on which the President submits the strategy required by section 4(a) to the appropriate congressional committees, and annually thereafter, the President shall submit a report to the appropriate congressional committees on the implementation of this Act. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.

Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care; (2) school food programs; (3) education and employment training; (4) mental health care; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the President to develop a coordinating strategy for such assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Participation Pension Act of 1996''. SEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS. Part 2 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1051 et seq.) is amended by redesignating section 211 as section 212 and by inserting after section 210 (29 U.S.C. 1060) the following new section: ``continued participation in defined benefit plans for certain individuals ``Sec. 211. (a) In General.--A defined benefit plan shall provide, in accordance with this section, that each qualified beneficiary who would lose eligibility to accrue benefits under the plan as a result of a qualifying event, may elect, within the election period, continued participation under the plan. ``(b) Continued Participation.--For purposes of this section, the term `continued participation' means continued accrual of benefits by a qualified beneficiary in accordance with section 204(b)(1), if the following requirements are met: ``(1) Determination of service.--A participant shall be treated as having not incurred a break in service with the employer or employers maintaining the plan. The period of continued participation shall be deemed to constitute service with the employer or employers maintaining the plan for the purpose of determining the nonforfeitability of the qualified beneficiary's accrued benefits and for the purpose of determining the accrual of benefits. The period of continued participation shall be deemed to be service with the employer under the terms of the plan or any applicable collective bargaining agreement. ``(2) Terms of continued participation.--For purposes of determining the amount of any liability and any obligation of the plan, earnings and forfeitures shall not be included. In the case of a multiemployer plan, any liability of the plan described in this section shall be allocated-- ``(A) by the plan in such manner as the sponsor maintaining the plan shall provide; or ``(B) if the sponsor does not so provide, to the last employer employing the person before the qualifying event. ``(3) Period of continued participation.--The period of participation shall extend for the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following: ``(A) Maximum required period.--The date on which the participant reaches (or would have reached) normal retirement age under the plan. ``(B) End of plan.--The date on which the employer ceases to provide any defined benefit plan to any employee. ``(C) Failure to pay contribution.--The date on which benefits cease to accrue under the plan by reason of a failure to make timely payment of any contribution required under the plan with respect to the qualified beneficiary. ``(4) Contribution requirements.-- ``(A) In general.--A qualified beneficiary electing continued participation is liable to the defined benefit plan for funding any obligation of the plan to provide the benefits described in paragraph (1). The plan shall allocate to qualified beneficiaries the amount of applicable contribution attributable to employer contributions and mandatory employee contributions under the plan, in the same manner that employer contributions and mandatory employee contributions are allocated to similarly situated beneficiaries with respect to whom a qualifying event has not occurred. The plan shall provide for benefit accruals attributable to voluntary employee contributions only to the extent such benefit accruals attributable to such contributions were available to the participant prior to the qualifying event. For purposes of computing the beneficiary's contributions, the participant shall be deemed to have received compensation during the period of continued participation, at the rate in effect prior to the occurrence of the qualifying event, as if the participant had continued in service under the plan at the rate of 1,000 hours of work during any 12-month period. ``(B) Limitation.--For any period of continued participation, the contribution made by the qualified beneficiary-- ``(i) shall not exceed 102 percent of the applicable contribution for such period, and ``(ii) may, at the election of the payor, be made in monthly installments. In no event may the plan require the payment of any contribution before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continued participation. ``(c) Election Period.-- ``(1) In general.--The election period-- ``(A) begins not later than the date on which benefits accrual would, but for continued participation in accordance with the section, cease, and ``(B) is of at least 90 days' duration. ``(2) Effect of election on other beneficiaries.--Except as otherwise specified in an election, any election of continued participation by a qualified beneficiary shall be deemed to include an election of continued participation on behalf of any other qualified beneficiary who would cease to be a beneficiary under the plan by reason of the qualifying event. ``(d) Exception for Certain Plans.--Subsection (a) shall not apply to any defined benefit plan for any calendar year if all employers maintaining such plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year. ``(e) Definitions.--For purposes of this section-- ``(1) Applicable contribution.--The applicable contribution for any period of continued participation of qualified beneficiaries shall be equal to the actuarial value of benefit accruals attributable to the period of continued participation, as determined under regulations of the Secretary. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means any beneficiary under the plan on the day before the qualifying event, including the participant in the case of a qualifying event described in paragraph (3)(A). ``(3) Qualifying event.--The term `qualifying event' means any of the following events occurring within seven years of attainment by the participant of normal retirement age, which, but for the continued participation provided under this section, would result in the cessation of benefit accruals of a qualified beneficiary: ``(A) The termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the participant's employment. ``(B) The death of the participant.''. SEC. 3. EFFECTIVE DATES. (a) General Rule.--This Act shall apply to plan years beginning on or after July 1, 1996. (b) Special Rule for Collective Bargaining Agreements.--In the case of a defined benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, this section shall not apply to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (2) January 1, 2000.

Continued Participation Pension Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for continued participation under a defined benefit plan for employees who are terminated from employment within seven years of attaining normal retirement age under the plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flagship Species Conservation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many of those species are listed under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the United States and other countries, and the private sector. (4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, African elephants, great apes, neotropical migratory birds, and marine turtles have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage additional support for conservation in countries where those species exist in the wild. (5) A new grant program modeled on the existing programs for tigers, rhinoceroses, elephants, great apes, neotropical migratory birds, and marine turtles would provide an effective means to assist in the conservation of flagship species for which there are no existing grant programs. (b) Purpose.--The purpose of this Act is to conserve flagship species of fauna throughout the world, and the ecosystems on which those species depend, by supporting the conservation programs for those species and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Account.--The term ``Fund'' means the Flagship Species Conservation Fund established by section 5. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices and amendments. (3) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a flagship species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including-- (A) protection and management of populations of a flagship species; (B) maintenance, management, protection, and restoration of habitat of a flagship species; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (4) Fish or wildlife.--The term ``fish or wildlife'' means any mammal, fish, bird, or reptile. (5) Flagship species.--The term ``flagship species''-- (A) subject to subparagraph (B), means a species of fish or wildlife-- (i) that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or that is listed in Appendix I or II of CITES; (ii) whose range is wholly outside of the United States; and (iii) that appeals to the public and has other features that make it suitable for communicating conservation concerns; and (B) does not include African elephants, Asian elephants, rhinoceros, tigers, great apes, neotropical migratory birds, and marine turtles. (6) Multinational species conservation fund.--The term ``Multinational Species Conservation Fund'' means the fund established under the heading ``multinational species conservation fund'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of that flagship species throughout the world, for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of a flagship species may be submitted to the Secretary by-- (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a flagship species, if the agency has authority over fish or wildlife and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of that flagship species. (2) Required information.--A project proposal shall include-- (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of-- (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the flagship species that is the subject of the project; and (ii) how the project will benefit that species and other species that reside within the same habitat; (C) a description of the qualifications of the individuals who will conduct the project; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall-- (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the person that submitted the project proposal, other Federal officials, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of flagship species and their nesting habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND. (a) Establishment.--There is established in the Multinational Species Conservation Fund a separate account to be known as the ``Flagship Species Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4. (2) Administrative expenses.--Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. SEC. 6. ADVISORY GROUP. (a) In General.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of flagship species. (b) Public Participation.-- (1) Meetings.--The Advisory Group shall-- (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption From Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2005 through 2007. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2005, the Secretary shall submit to the Congress a report on the results and effectiveness of the program carried out under this Act, including-- (1) recommendations concerning how this Act might be improved, including guidelines for determining species that are flagship species; and (2) recommendations concerning whether the Fund should be continued in the future.

Flagship Species Conservation Act of 2004 - Requires the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund (Fund) to provide conservation assistance for flagship species of fish or wildlife where project proposals for such conservation are approved by the Secretary in accordance with this Act. Identifies eligible applicants and sets forth requirements for project proposals. Authorizes the Secretary to approve a project proposal if it will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. Establishes in the Fund a separate account to be known as the Flagship Species Conservation Fund to fund approved flagship species conservation projects. Authorizes the Secretary to convene an advisory group to assist in carrying out this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Investment and Economic Development Fund for the Americas Act of 2003''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The historic economic, political, cultural, and geographic relationships among the countries of the Western Hemisphere are unique and of continuing special significance to the United States. (2) The interests of the countries of the Western Hemisphere are more interrelated today than ever before. Consequently, sound economic, social, and democratic progress in each of the countries continues to benefit other countries, and lack of it in any country may have serious repercussions in others. (3) Following the historic Summits of the Americas--the 1994 Summit in Miami, the 1998 Summit in Santiago, Chile, and the 2001 Summit in Quebec City, Canada--the heads of state of the countries of the Western Hemisphere accepted the formidable challenge of economic and social integration in and between their respective countries. (4) To make progress toward economic and social integration, there is a compelling need to focus on the social development of the people of the Americas which, in turn, will promote the economic and political development of the region. (5) Investment in social development in the Americas, including investment in human and social capital, specifically in education, health, housing, and labor markets with the goal of combating social exclusion and social ills, will consolidate political democracy and the rule of law and promote regional economic integration and trade in the region. (6) The challenge of achieving economic integration between one of the world's most developed economies and some of the poorest and most vulnerable countries requires a special effort to promote social equality, develop skills, and modernize the infrastructure in poorer countries that will enable the people of these countries to maximize the amount of benefits accrued from economic integration. (7) The particular challenge facing social and economic development in Latin America is the historic and persistent highly unequal distribution of wealth. Latin America suffers from the most unequal distribution of wealth in the world with huge inequities in the distribution of assets including education, land, and credit. (8) Latin America also confronts the challenge of an increasing number of poor people. As of today, approximately one-third of the population lives in poverty and increasing numbers live in extreme poverty. Poverty exists in all Latin American countries but 70 percent of the region's poor live in the five largest middle-income countries. (9) Marginalized groups, including indigenous populations, people of African descent, women, people with disabilities, and rural populations, are socially excluded and suffer from poverty, stigma, and discrimination. (10) Democratic values are dominant throughout the Americas, and nearly all governments in the region have come to power through democratic elections. (11) Nonetheless, existing democratic governments and their constituent institutions remain fragile and face critical challenges including effective democratic civilian authority over these institutions, including the military, the consolidation or establishment of independent judicial institutions and the rule of law, and the elimination of corruption. (12) The prosperity, security, and well-being of the United States is linked directly to peace, prosperity, and democracy in the Americas. The entire region benefits by reducing poverty, strengthening the middle class, and promoting the rule of law which will also increase markets for United States goods and create a better environment for regional investment by United States businesses. (13) Section 101 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151) establishes as a principal objective of United States foreign assistance the ``encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives''. (14) It is in the national interests of the United States to assist developing countries in the Western Hemisphere as they implement the economic and political policies which are necessary to achieve equitable economic growth. (15) The Summit of the Americas has directly charged the multilateral institutions of the Americas, including the Organization of American States (OAS), the Inter-American Development Bank (IADB), and the new Inter-American Agency for Cooperation and Development with mobilizing private-public sector partnerships among industry and civil society to help achieve equitable development objectives. (16) By supporting the purposes and objectives of development and applying such purposes and objectives to the Americas, a Social Investment and Economic Development Fund for the Americas can advance the national interests of the United States and can directly improve the lives of the poor and marginalized groups, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democracy, and promote peace and justice in the Americas. (b) Statement of Policy.--It is, therefore, the policy of the United States-- (1) to promote market-based principles, economic integration, social development, and trade in and between countries of the Americas by-- (A) nurturing public-private partnerships and microenterprise development; (B) improving the quality of life and investing in human capital, specifically targeting education, health and disease prevention, and housing; (C) strengthening the rule of law through improved efficiency and transparency in government services; and (D) reducing poverty and eliminating the exclusion of marginalized populations, including people of African descent, indigenous groups, women, and people with disabilities; and (2) to establish an investment fund for the Western Hemisphere to advance the national interests of the United States, directly improve the lives of the poor and marginalized, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democratic institutions and processes, and promote peace and justice in the Americas. SEC. 3. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``CHAPTER 13--SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE AMERICAS ``SEC. 499H. AUTHORIZATION OF ASSISTANCE. ``(a) In General.--The President, acting through the Administrator of the United States Agency for International Development, shall provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by-- ``(1) nurturing public-private partnerships and microenterprise development; ``(2) improving the quality of life and investing in human capital, specifically targeting education, health and disease prevention, and housing; ``(3) strengthening the rule of law through improved efficiency and transparency in government services; and ``(4) reducing poverty and eliminating the exclusion of marginalized populations, including people of African descent, indigenous groups, women, and people with disabilities. ``(b) Terms and Conditions.--Assistance under this chapter may be provided on such other terms and conditions as the President may determine. ``SEC. 499I. TECHNICAL REVIEW COMMITTEE. ``(a) In General.--There is established within the United States Agency for International Development a technical review committee. ``(b) Membership.--The President, by and with the advice and consent of the Senate, shall appoint to serve on the technical review committee-- ``(1) individuals with technical expertise with respect to the development of Latin America and the Caribbean; and ``(2) citizens of the United States with technical expertise with respect to development projects and business experience. Technical expertise shall be the sole criterion in making appointments to the technical review committee. ``(c) Duties.--The technical review committee shall review all projects proposed for funding using assistance provided under section 499H(a), and make recommendations to the President with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. ``(d) Conflicts of Interest.--A member of the technical review committee shall not be permitted to review an application submitted by an organization with which the member has been or is affiliated. ``SEC. 499J. REPORT. ``The President shall prepare and transmit to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate congressional committees an annual report on the specific programs, projects, and activities carried out under this chapter during the preceding year, including an evaluation of the results of such programs, projects, and activities. ``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $250,000,000 for each of the fiscal years 2005 through 2009. ``(b) Additional Authorities.--Amounts appropriated pursuant to subsection (a)-- ``(1) may be referred to as the `United States Social Investment and Economic Development Fund for the Americas'; ``(2) are authorized to remain available until expended; and ``(3) are in addition to amounts otherwise available for such purposes. ``(c) Funding Limitation.--Not more than 7 percent of the amounts appropriated pursuant to subsection (a) for a fiscal year may be used for administrative expenses.''. SEC. 4. AMENDMENT TO THE INTER-AMERICAN DEVELOPMENT BANK ACT. The Inter-American Development Bank Act (22 U.S.C. 283--283z-10) is amended by adding at the end the following: ``SEC. 39. SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE AMERICAS. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at the Bank to use the voice, vote, and influence of the United States to urge the Bank to establish an account to be known as the `Social Investment and Economic Development Fund for the Americas' (in this section referred to as the `Fund'), which is to be operated and administered by the Board of Executive Directors of the Bank consistent with subsection (b). The United States Governor of the Bank may vote for a resolution transmitted by the Board of Executive Directors which provides for the establishment of such an account, and the operation and administration of the account consistent with subsection (b). ``(b) Governing Rules.-- ``(1) Use of funds.--The Fund shall be used to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by-- ``(A) nurturing public-private partnerships and microenterprise development; ``(B) improving the quality of life and investing in human capital, specifically targeting education, health and disease prevention, and housing; ``(C) strengthening the rule of law through improved efficiency and transparency in government services; and ``(D) reducing poverty and eliminating the exclusion of marginalized populations, including people of African descent, indigenous groups, women, and people with disabilities. ``(2) Application for funding through a competitive process.--Any interested person or organization may submit an application for funding by the Fund. ``(3) Technical review committee.-- ``(A) In general.--The Fund shall have a technical review committee. ``(B) Membership.--The Board of Executive Directors of the Bank shall appoint to serve on the technical review committee-- ``(i) individuals with technical expertise with respect to the development of Latin America and the Caribbean; and ``(ii) citizens of the United States with technical expertise with respect to development projects and business experience. Technical expertise shall be the sole criterion (other than citizenship pursuant to clause (ii)) in making appointments to the technical review committee. ``(C) Duties.--The technical review committee shall review all projects proposed for funding by the Fund, and make recommendations to the Board of Executive Directors of the Bank with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. ``(D) Conflicts of interest.--A member of the technical review committee shall not be permitted to review an application submitted by an organization with which the member has been or is affiliated. ``(4) Review of proposed projects.--Not more frequently than annually, the Board of Executive Directors of the Bank shall review and make decisions on applications for projects to be funded by the Fund, in accordance with procedures which provide for transparency. The Board of Executive Directors shall provide advance notice to all interested parties of any date on which such a review will be conducted. ``(c) Contribution Authority.--To the extent and in the amounts provided in advance in appropriations Acts, the United States Governor of the Bank may contribute to the Fund $1,250,000,000. ``(d) Limitations on Authorization of Appropriations.-- ``(1) In general.--For the contribution authorized by subsection (c), there are authorized to be appropriated for payment to the Secretary of the Treasury $250,000,000 for each fiscal year beginning with the fiscal year in which the resolution described in subsection (a) is adopted. ``(2) Additional authorities.--Amounts appropriated pursuant to paragraph (1)-- ``(A) are authorized to remain available until expended; and ``(B) are in addition to amounts otherwise available for such purposes. ``(3) Funding limitation.--Not more than 7 percent of the amounts appropriated pursuant to paragraph (1) for a fiscal year may be used for administrative expenses.''. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the countries of the Western Hemisphere should collectively provide assistance equal to the amount of United States bilateral assistance provided under chapter 13 of part I of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act) and multilateral assistance provided by the Social Investment and Economic Development Fund for the Americas under section 39 of the Inter-American Development Bank Act (as added by section 4 of this Act) for the same purpose for which such assistance was provided.

Social Investment and Economic Development Fund for the Americas Act of 2003 - Sets forth the policy of the United States to: (1) promote market-based principles, economic integration, social development, and trade in and between countries of the Americas; and (2) establish an investment fund for the Western Hemisphere to advance the national interests of the United States, improve the lives of the poor and marginalized, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democratic institutions and processes, and promote peace and justice in the Americas. Amends the Foreign Assistance Act of 1961 to require the President to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by: (1) nurturing public-private partnerships and microenterprise development; (2) improving the quality of life and investing in human capital; (3) strengthening the rule of law through improved efficiency and transparency in government services; and (4) reducing poverty and eliminating the exclusion of marginalized populations. Establishes a technical review committee to review the projects proposed for assistance and to make recommendations to the President with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding. Amends the Inter-American Development Bank Act to require the Secretary of the Treasury to instruct the U.S. Executive Director at the Bank to urge the Bank to establish an account to be operated and administered consistent with the above guidelines. Establishes a technical review committee in the same manner as discussed above. Expresses the sense of Congress that the countries of the Western Hemisphere should collectively provide assistance equal to the amount of U.S. bilateral and multilateral assistance provided.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010'' or the ``PROP Trading Act''. SEC. 2. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS; CONFLICTS OF INTEREST. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS. ``(a) In General.-- ``(1) Prohibition.--Unless otherwise provided in this section, a banking entity shall not-- ``(A) engage in proprietary trading; or ``(B) take or retain any equity, partnership, or other ownership interest in or sponsor a hedge fund or a private equity fund. ``(2) Specified nonbank financial companies.--Any specified nonbank financial company that engages in proprietary trading or takes or retains any equity, partnership, or other ownership interest in or sponsors a hedge fund or a private equity fund shall be subject to additional capital requirements for and additional quantitative limits on such proprietary trading and taking or retaining any equity, partnership, or other ownership interest in or sponsorship of a hedge fund or a private equity fund. ``(b) Regulations.--Not later than 180 days after the date of enactment of this section, the Board and the Federal Deposit Insurance Corporation shall, in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission, jointly adopt rules to effectuate the provisions of this section. Such rules shall give full effect to the prudential intent of the Congress regarding this section. ``(c) Effective Date.-- ``(1) In general.--The provisions of this section shall take effect 18 months after the date of adoption of final rules under subsection (b), but not later than 24 months after the date of enactment of the PROP Trading Act. ``(2) Transition period.--The Board and the Federal Deposit Insurance Corporation shall provide a grace period, not to exceed 24 months after the date of enactment of the PROP Trading Act, during which subsection (a) shall not apply to banking entities and specified nonbank financial companies, so that such entities and companies may come into compliance with this section. ``(d) Excluded Activities.-- ``(1) In general.--Subject to the limitations of paragraph (2), in promulgating rules pursuant to subsection (b), the Board and the Federal Deposit Insurance Corporation may exclude from the restrictions of subsection (a) any transaction, class of transactions, or activity (in this section referred to as `excluded activities'), including but not limited to-- ``(A) the purchase or sale of obligations of the United States or any agency thereof, obligations, participations, or other instruments of, or, issued by the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, and obligations of any State or, of any political subdivision thereof; ``(B) underwriting and market-making to serve clients, customers, or counterparties; ``(C) risk-mitigating hedging activities; ``(D) investment in one or more small business investment companies or investments designed primarily to promote the public welfare, as provided in paragraph (11) of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); and ``(E) proprietary trading conducted by a person pursuant to paragraph (9) or (13) of section 4(c), provided that the trading occurs solely outside of the United States and that the person is not directly or indirectly controlled or beneficially owned by a United States person. ``(2) Limitation on excluded activities.--No transaction, class of transactions, or activity may be deemed an excluded activity under paragraph (1) if it-- ``(A) would result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties; ``(B) would result, directly or indirectly, in exposure to high risk assets or high risk trading strategies, as such terms are defined jointly by rule by the Board and the Federal Deposit Insurance Corporation; ``(C) would pose a threat to the safety and soundness of such banking entity or the nonbank financial company; or ``(D) would pose a threat to the financial stability of the United States. ``(e) Limitations on Relationships With Hedge Funds and Private Equity Funds.-- ``(1) In general.--No banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund may enter into a covered transaction, as defined in section 23A of the Federal Reserve Act (12 U.S.C. 371c) with, or provide custody, securities lending, or other prime brokerage services to, such person. ``(2) Treatment as member bank.--A banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund shall be subject to section 23B of the Federal Reserve Act (12 U.S.C. 371c-1), as if such person were a member bank and such hedge fund or private equity fund were an affiliate thereof. ``(f) Limitation on Contrary Authority.--No activity that is authorized for a banking entity or a specified nonbank financial company under any other provision of law may be engaged in, directly or indirectly, by a banking entity or a specified financial company under such authority or under any other provision of law, if such activity is prohibited or restricted under this section. ``(g) Rule of Construction.--Nothing in this section may be construed to limit the inherent authority of any other Federal agency under otherwise applicable provisions of law. ``(h) Definitions.-- ``(1) Proprietary trading.-- ``(A) In general.--As used in this section, the term `proprietary trading' means engaging as a principal in any transaction to purchase or sell, or which would put capital at risk as a principal in or related to any stock, bond, option, contract of sale of a commodity for future delivery, swap, security-based swap, or any other security or financial instrument which the Board and the Federal Deposit Insurance Corporation shall jointly, by rule, determine. ``(B) Consideration.--The Board and the Federal Deposit Insurance Corporation shall, prior to the adoption of rules pursuant to this subsection, consider, in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission-- ``(i) the length of time that the relevant asset or combination of assets is held; ``(ii) the size and direction of the inventory of the relevant asset, relative to the size and direction of client demand in the relevant asset; ``(iii) whether the asset is for investment or trading purposes; ``(iv) any leverage applied to or embedded in an asset; ``(v) the maximum loss exposure of an asset; ``(vi) the total holdings of assets for market-making purposes; ``(vii) the total holdings of over-the- counter derivatives; ``(viii) the total leverage of the institution; and ``(ix) any other factors that the Board and the Federal Deposit Insurance Corporation may determine appropriate. ``(2) Banking entity.--The term `banking entity' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), person that controls an insured depository institution, bank holding company, institution that is treated as a bank holding company for purposes of any other provision of law, and any affiliate or subsidiary of any such entity. ``(3) Specified nonbank financial company.--The term `specified nonbank financial company' means any U.S. nonbank financial company or foreign nonbank financial company subject to prudential supervision by the Board. ``(4) Investment company related terms.--The terms `hedge fund' and `private equity fund' mean a company or other entity that is exempt from registration as an investment company pursuant to section 3(c)(1) or 3(c)(7) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(1) or 80a-3(c)(7)), or such similar funds as determined appropriate by the Board. ``(5) Sponsoring.--The term `sponsoring' a fund means-- ``(A) serving as a general partner, managing member, or trustee of a fund; ``(B) in any manner selecting or controlling (or having employees, officers, or directors, or agents who constitute) a majority of the directors, trustees, or management of a fund; or ``(C) sharing with a fund, for corporate, marketing, promotional, or other purposes, the same name or a variation of the same name.''. SEC. 3. CONFLICTS OF INTEREST IN SECURITIZATION. The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by inserting after section 27A the following: ``SEC. 27B. CONFLICTS OF INTEREST RELATING TO CERTAIN SECURITIZATIONS. ``(a) In General.--An underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, shall not, during such period as the asset-backed security is outstanding and held by investors that are unaffiliated with such underwriter, placement agent, initial purchaser, or sponsor, engage in any transaction that would-- ``(1) give rise to any material conflict of interest with respect to any investor in a transaction arising out of such activity; or ``(2) undermine the value, risk, or performance of the asset-backed security. ``(b) Commission Rules.--Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, impose restrictions on the timing and extent of proprietary trading by an underwriter, placement agent, initial purchaser, or sponsor and any affiliates or subsidiaries of such entity in any securities, security- based swaps, or similar financial instruments that are derived from, or related to, an asset-backed security for which the entity, its affiliate, or its subsidiary acts as underwriter, placement agent, initial purchaser, or sponsor.''.

Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010 or the PROP Trading Act - Amends the Bank Holding Company Act of 1956 to prohibit a banking entity from: (1) engaging in proprietary trading; or (2) having an ownership interest in or sponsoring a hedge fund or a private equity fund. Subjects any specified nonbank financial company holding such proprietary trading and ownership interests to additional capital requirements and additional quantitative limits. Directs the Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corporation (FDIC) to adopt rules jointly to implement this Act. Authorizes the Board and the FDIC to exclude from such prohibitions specified transactions or activities, including: (1) the purchase or sale of obligations of the United States or any federal agency; (2) instruments issued by the Government National Mortgage Association (Ginnie Mae), the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) obligations of any state or its political subdivision. Prohibits from the class of excluded activities any transactions that would: (1) result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties; (2) result in exposure to high risk assets or high risk trading strategies; (3) threaten the safety and soundness of a banking entity or the nonbank financial company; or (4) threaten the financial stability of the United States. Prohibits any banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund from entering into a covered transaction with, or provide custody, securities lending, or other prime brokerage services to, such person. Treats a banking entity that serves as investment manager or investment adviser to a hedge fund or private equity fund as if: (1) it were a member bank subject to the Federal Reserve Act; and (2) the hedge fund or private equity fund were an affiliate thereof. Amends the Securities Act of 1933 to prohibit an underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, while the security is outstanding and held by unaffiliated investors, from engaging in any transaction that would: (1) give rise to any material conflict of interest with respect to any investor; or (2) undermine the value, risk, or performance of such security

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Insurance Fairness Act''. SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.''. SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to returns relating to mortgage interest received in trade or business from individuals) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subsection).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.

Mortgage Insurance Fairness Act - Amends the Internal Revenue Code to treat mortgage insurance premium payments as tax deductible interest. Phases out the deduction for taxpayers with adjusted gross incomes exceeding $100,000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Pharmacist Services Coverage Act of 2001''. SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) pharmacist services (as defined in subsection (ww));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Pharmacist Services ``(ww) The term `pharmacist services' means such drug therapy management services furnished by a pharmacist, individually or on behalf of a pharmacy provider, and such services and supplies furnished as an incident to the pharmacist's drug therapy management service, which the pharmacist is legally authorized to perform (in the State in which the individual performs such services) in accordance with State law (or the State regulatory mechanism provided by State law).''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to pharmacist services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1834(n);''. (2) Establishment of fee schedule; payments prior to implementation of fee schedule.--Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``(n) Fee Schedules for Pharmacist Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of pharmacist services (as defined in section 1861(ww)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for pharmacist services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3-year period which begins on the date of enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall consider differences in-- ``(A) the time required to perform types of pharmacist services; ``(B) the level of risk associated with the use of particular out-patient prescription drugs or groups of drugs; and ``(C) the health status of individuals to whom pharmacist services are provided. ``(3) Consultation.--In developing the fee schedule for pharmacist services under this subsection, the Secretary shall consult with various national organizations representing pharmacists and pharmacies and share with such organizations the relevant data and data analysis being used in establishing such fee schedule, including data on variations in payments under this part by geographic area and by service. ``(4) Payments prior to implementation of fee schedule.--In the case of a pharmacist service (as defined in section 1861(ww)) that is furnished before the implementation of the fee schedule developed under paragraph (1)(B), the Secretary shall pay an amount equal to 80 percent of the amount that the Secretary would pay for such service under the fee schedule established under section 1848 if the service were furnished by a physician or as an incident to a physician's service.''. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the relative value scale and fee schedules developed under section 1834(n)(1) of the Social Security Act (as added by subsection (c)(2)) for pharmacist services furnished under part B of the medicare program under title XVIII of the Social Security Act. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2002.

Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Employees, Healthy Small Businesses Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2002, 44,000,000 Americans were without health insurance for the entire year, and the vast majority of these uninsured people are in working families. (2) The number of employees in a business greatly affects the likelihood of whether or not its employees are offered health insurance. In 2003, 98 percent of firms with over 200 employees offered health benefits, while only 55 percent of firms with under 10 workers did. (3) Among uninsured workers in 2001, over half held jobs with companies having fewer than 100 employees. (4) The cost of health insurance for employers is very high. On average, in 2003, the total cost of an individual health plan was $3,383, of which the employee paid an average of $508 and the employer paid an average of $2875. For a family policy, the average cost was $9,068, with the employer bearing $6,656 and the employee shouldering $2,412. SEC. 3. REFUNDABLE CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) Determination of Amount.--In the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the expense amount described in subsection (b) paid by the taxpayer during the taxable year. ``(b) Subsection (b) Expense Amount.--For purposes of this section-- ``(1) In general.--The expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is equal to-- ``(A) for any qualified small employer described in subparagraph (A) of paragraph (4), 50 percent, ``(B) for any qualified small employer described in subparagraph (B) of paragraph (4), 35 percent, and ``(C) for any qualified small employer described in subparagraph (C) of paragraph (4), 25 percent. ``(3) Per employee dollar limitation.-- ``(A) In general.--The amount of qualified employee health insurance expenses taken into account under paragraph (1) with respect to any qualified employee for any taxable year shall not exceed-- ``(i) for any qualified small employer described in subparagraph (A) of paragraph (4)-- ``(I) $1,500 in the case of self- only coverage, and ``(II) $3,400 in the case of family coverage, ``(ii) for any qualified small employer described in subparagraph (B) of paragraph (4)-- ``(I) $1,100 in the case of self- only coverage, and ``(II) $2,400 in the case of family coverage, and ``(iii) for any qualified small employer described in subparagraph (C) of paragraph (4)-- ``(I) $750 in the case of self-only coverage, and ``(II) $1,700 in the case of family coverage. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2006, each dollar amount referred to in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2005' for `1992'. ``(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. ``(4) Qualified small employers described.--A qualified small employer is described in-- ``(A) this subparagraph if such employer employed an average of 9 or fewer employees (as determined under subsection (c)(1)(A)(ii)), ``(B) this subparagraph if such employer employed an average of more than 9 but less than 25 employees (as so determined), and ``(C) this subparagraph if such employer employed an average of more than 24 but not more than 50 employees (as so determined). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means, with respect to any calendar year, any employer if-- ``(i) such employer pays or incurs at least 75 percent of the qualified employee health insurance expenses of each qualified employee (determined without regard to subsection (b)(3)), and ``(ii) such employer employed an average of 50 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of clause (ii), a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A)(ii) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage (as defined in section 9832(b)(1)) to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if-- ``(i) the annual amount of hours in the employ of such employer by such employee is at least 400 hours, ``(ii) the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year is at least $5,000, and ``(iii) such employee is not eligible for-- ``(I) any benefits under title XVIII, XIX, or XXI of the Social Security Act, or ``(II) any other publicly-sponsored health insurance program. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), and ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) 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). ``(d) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(e) Coordination With Deduction for Health Insurance Costs of Self-Employed Individuals.--In the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Small business employee health insurance expenses. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.

Healthy Employees, Healthy Small Business Act of 2004 - Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic, Social, and Emotional Learning Act of 2011''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) To succeed in school, students need to be engaged. They need to know how to maintain focus and effort in the face of setbacks, work effectively with others, and be good communicators and problem-solvers. (2) Social and emotional skills form a foundation for young people's success not just in school, but as healthy and caring adults, productive workers, and engaged citizens. (3) Not only can these skills be taught, they can be taught by regular classroom teachers in schools of every type to students of every background. (4) Academic outcomes resulting from social and emotional learning include greater motivation to learn and commitment to school, increased time devoted to schoolwork and mastery of subject matter, improved attendance, graduation rates, grades, and test scores. (5) These positive outcomes increase in students who are involved in social and emotional learning programming by an average of 11 percentile points over students who are not involved in such programming. (6) Social and emotional learning programming also results in reduced problem behavior, improved health outcomes, a lower rate of violent delinquency, and a lower rate of heavy alcohol use. SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT. (a) Teacher and Principal Training and Recruiting Fund.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) in section 2113(c)(2)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and insert ``; and''; and (C) by adding at the end the following: ``(C) train teachers and principals in practices that have demonstrated effectiveness in improving student achievement, attainment, and behavior through addressing the social and emotional development needs of students, such as through social and emotional learning programming.''; and (2) in section 2123(a)(3)(B)(iii)-- (A) by striking ``and'' at the end of (I); (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) addressing the social and emotional development needs of students to improve student achievement and attainment, such as through social and emotional learning programming; and''. (b) Definitions.--Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following: ``(44) Social and emotional learning.--The term `social and emotional learning' means the process through which children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency, including-- ``(A) self-awareness and self-management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organizational skills; ``(B) social awareness and interpersonal skills to establish and maintain positive relationships, such as perspective taking and respect for others, communication, working cooperatively, negotiation, conflict management, and help seeking; and ``(C) decisionmaking skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection and personal, and social and ethical responsibility. ``(45) Social and emotional learning programming.--The term `social and emotional learning programming' refers to classroom instruction and schoolwide activities and initiatives that-- ``(A) integrate social and emotional learning into school curriculum; ``(B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; ``(C) teach children to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and ``(D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school.''.

Academic, Social, and Emotional Learning Act of 2011 - Amends title II of the Elementary and Secondary Education Act of 1965 to include teacher and principal training in practices that address the social and emotional development needs of students among the activities funded under the Teacher and Principal Training and Recruiting Fund program. Allows funded training to include training in classroom instruction and schoolwide initiatives that enable students to acquire the knowledge, attitudes, and skills most conducive to social and emotional competency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Quality Conservation Act of 2017''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To identify and promote the use of innovative and effective conservation practices. (2) To apply targeted soil and water conservation practices at the watershed, sub-watershed, and field scales. (3) To increase the use of conservation practices by producers. (4) To collect data on how the implementation of precision conservation practices affects soil health, reduces erosion and nutrient runoff of soil, and enhances water quality. SEC. 3. PRECISION CONSERVATION PILOT PROGRAM. (a) Pilot Program Authorized.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following new subsection: ``(j) Precision Conservation Pilot Program.-- ``(1) Pilot program authorized.--The Secretary is authorized to carry out a precision conservation pilot program to provide grants to not more than 10 States to assist producers with projects that-- ``(A) increase nutrient retention in soil; ``(B) reduce soil erosion; ``(C) reduce nutrient loss from soil; ``(D) improve soil health; and ``(E) improve water quality. ``(2) Applications.--To be eligible to receive a grant under paragraph (1), a State shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including a description of how the State will-- ``(A) collaborate with a partnership of entities, which may include State agencies, local governments, institutions of higher education, soil and water conservation districts, producers, Indian tribes, agricultural associations, nonprofit entities, and other relevant entities to carry out precision conservation pilot programs; and ``(B) give priority to assisting producers with projects within critical areas, including-- ``(i) critical conservation areas designated under section 1271F; and ``(ii) critical watersheds, as defined by such State. ``(3) Matching funds.--A State awarded a grant under this subsection shall provide non-Federal funds, including cash and in-kind contributions, in an amount that is at least equal to the amount of such grant. ``(4) Use of funds.--A State awarded a grant under this section may use grant funds only-- ``(A) to educate and recruit agricultural producers to participate in the pilot program; ``(B) to provide technical and financial assistance to producers that elect to participate in a precision conservation pilot program for which the State received a grant under this section to create and implement precision conservation plans; ``(C) to monitor and analyze the effectiveness of such precision conservation plans; and ``(D) to encourage the use of precision agriculture technology to achieve conservation benefits. ``(5) Confidentiality.-- ``(A) In general.--In the case of information furnished by a producer or State in order to facilitate the creation and implementation of a precision conservation plan pursuant to paragraph (4)(B) or comply with the reporting requirements under paragraph (6)(B), the Secretary, any other officer or employee of the Department of Agriculture or agency thereof, or any other person may not-- ``(i) use such information for a purpose other than the development or reporting of aggregate data under paragraphs (6) and (7) in a manner such that the identity of the producer who supplied such information is not discernible and is not material to the intended uses of such information; or ``(ii) disclose the information to any person or any Federal, State, local, or tribal agency outside the Department of Agriculture, unless the information has been converted into a statistical or aggregate form that does not allow the identification of the producer that supplied particular information. ``(B) Rule of construction.--Nothing in this paragraph shall be construed to limit a producer from sharing the information furnished by such producer pursuant to subparagraph (A). ``(6) State reporting.-- ``(A) Reports to producers.--Not later than 1 year after the date on which a State assists a producer with the creation of a precision conservation plan pursuant to paragraph (4)(B), and each year for the succeeding 4 years thereafter, the State shall submit to such producer a report that includes an analysis of the effectiveness of the precision conservation plan for such producer. ``(B) Reports to secretary.-- ``(i) Annual.--Not later than one year after the date on which a State receives grant funds under this section, and each year for the succeeding 3 years thereafter, the State shall submit to the Secretary a report that includes the data used to create, implement, and analyze precision conservation plans pursuant to this subsection. ``(ii) 5-year report.--Not later than 5 years after the date on which a State receives grant funds under this section, the State shall submit to the Secretary a report that includes an analysis of the effectiveness the use of grant funds under this subsection has had in fostering-- ``(I) improved soil health; ``(II) reduced soil erosion and soil runoff; ``(III) improved water quality; ``(IV) improved understanding of the relationship between precision agriculture technology and conservation improvement; and ``(V) the effectiveness of different methods used. ``(7) Soil nutrient retention database.-- ``(A) In general.--The Secretary shall use the data reported under paragraph (6) to establish and maintain a publically available soil nutrient retention database that provides-- ``(i) a compilation and analysis of effective conservation practices for nutrient management in varying soil compositions, cropping systems, slopes, and landscapes; and ``(ii) recommended new and effective conservation practices for nutrient management. ``(B) Funding for database.--The Secretary may reserve up to $75,000 of the funds made available under subsection (f)(3) to carry out this paragraph.''. (b) Allocation of Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following new paragraph: ``(3) Precision conservation pilot program.--For each of fiscal years 2018 through 2022, at least 5 percent of the funds made available for payments under the program shall be targeted for the precision conservation pilot program under subsection (j).''.

Water Quality Conservation Act of 2017 This bill amends the Food Security Act of 1985 to authorize the Department of Agriculture (USDA) to carry out a precision conservation pilot program to provide grants to up to 10 states to assist producers with projects that: increase nutrient retention in soil, reduce soil erosion, reduce nutrient loss from soil, improve soil health, and improve water quality. States that receive grants under the program must use the funds only to: educate and recruit agricultural producers to participate in the program, provide technical and financial assistance to producers that elect to participate in the program, monitor and analyze the effectiveness of precision conservation plans, and encourage the use of precision agriculture technology to achieve conservation benefits. States that receive grants must submit to USDA and producers reports regarding the effectiveness of the conservation plans and grants. USDA must use the data to establish and maintain a publicly available soil nutrient retention database.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Durham Woods Natural Gas Pipeline Safety Act of 1995''. SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION AREAS. (a) Instrumented Internal Inspection Devices.--Section 60102(f)(2) of title 49, United States Code, is amended by inserting ``In the case of gas pipelines, such inspection shall be required not less than once every 7 years.'' after ``60109 of this title.''. (b) Additional Inspections.--Section 60108 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(e) Additional Inspection Requirements for Gas Transmission Pipeline Facilities.--Within 2 years after the date of the enactment of this subsection, the Secretary shall prescribe regulations requiring that each owner or operator of a gas transmission pipeline facility-- ``(1) establish a program for observing from the air, or inspecting from the ground, or both, at least once every month, the surface conditions on and adjacent to the right-of-way of all of such owner or operator's gas transmission pipeline facilities identified under section 60109 of this title for indications of leaks, construction, and other circumstances affecting safety or operation; and ``(2) place line markers at suitable intervals along the rights-of-way of all of such owner or operator's gas transmission pipeline facilities identified under section 60109 of this title, unless such placement is impractical.''. SEC. 3. DAMAGE REPORTING. Section 60123(d)(2) of title 49, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) a pipeline facility and does not report the damage promptly to the operator of the pipeline facility and other appropriate authorities; or''. SEC. 4. INCREASED PENALTIES. (a) Criminal Penalties.--Section 60123 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``5 years'' and inserting in lieu thereof ``10 years''; (2) in subsection (b), by striking ``15 years'' and inserting in lieu thereof ``30 years''; (3) in subsection (c), by striking ``one year'' and inserting in lieu thereof ``5 years''; and (4) in subsection (d), by striking ``5 years'' and inserting in lieu thereof ``10 years''. (b) Civil Penalties.--Section 60122(a) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``or 60118(a)'' and inserting in lieu thereof ``, 60102(l), or 60118(a)''; (B) by striking ``$25,000'' and inserting in lieu thereof ``$50,000''; and (C) by striking ``$500,000'' and inserting in lieu thereof ``$1,000,000''; and (2) in paragraph (2), by striking ``$50,000'' and inserting in lieu thereof ``$100,000''. SEC. 5. PUBLIC AWARENESS. Section 60116 of title 49, United States Code, is amended-- (1) by inserting ``(a) Requirement.--'' before ``Under regulations the Secretary''; and (2) by adding at the end the following new subsection: ``(b) State Programs.--The Secretary shall, to the extent provided in advance in appropriations Acts, make grants to States for the promotion of public awareness of the dangers of excavating near pipeline facilities by advertising in the media and other means.''. SEC. 6. PIPELINE SAFETY STUDY. (a) Study.--The Secretary of Transportation shall conduct a comprehensive study on the safety of all gas transmission pipeline facilities in the State of New Jersey. Such study shall address, at a minimum-- (1) increasing population encroachment on pipeline rights- of-way; (2) environmental concerns; (3) financial pressures on the pipeline industry to control their costs; and (4) the feasibility of utilizing remotely operated or automatic shut-off valves, and their appropriate spacing. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report containing the results of the study conducted under subsection (a). SEC. 7. RISK ASSESSMENT. (a) Assessment.--The Secretary of Transportation shall conduct an assessment of the risks to public safety and the environment posed by the transportation of gas by pipeline. Such assessment shall-- (1) rank the risks identified by the Secretary in terms of their probability of occurrence and the severity of their likely consequences, and in terms of any other factors the Secretary considers relevant; (2) identify and prioritize technically feasible and economically justified actions that should be taken to lessen the risks identified; and (3) address, at a minimum-- (A) inspection by instrumented internal inspection devices; (B) installation of state-of-the-art leak detection systems, including automatic and remotely controlled valves; (C) inspection and burial of underwater pipelines; and (D) inspection and replacement of cast iron pipelines. (b) Report to Congress.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report including the assessment required under subsection (a) and a plan for actions proposed by the Secretary to address each risk identified in the assessment. SEC. 8. MAPPING. Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(l) Mapping of Pipeline Facilities.--(1) The owner or operator of a gas transmission or hazardous liquid pipeline facility, or a regulated gathering line, shall inform the Secretary of the specific location of such pipeline facility or gathering line. ``(2) The Secretary, using the information received under paragraph (1) and any other information available to the Secretary, shall develop a comprehensive mapping program to identify the specific location of all gas transmission and hazardous liquid pipeline facilities, and regulated gathering lines. The program shall include information on the proximity of such pipeline facilities and gathering lines to high- density population areas, environmentally sensitive areas, water intakes, and other appropriate areas or facilities. The Secretary shall establish an electronic data base for the comprehensive mapping program, and shall ensure that such data base is available to State and local governments and the public in an appropriate manner. ``(3) The Secretary shall ensure the security of the program developed under paragraph (2) against terrorism, sabotage, and other threats.''. SEC. 9. TECHNICAL SAFETY STANDARDS COMMITTEE. Section 60115(f) is amended-- (1) by striking the first 2 sentences thereof; and (2) by inserting ``of a committee under this section'' after ``A member''. SEC. 10. DEFINITIONS. Terms used in this Act shall have the same definitions given such terms in section 60101 of title 49, United States Code.

Durham Woods Natural Gas Pipeline Safety Act of 1995 - Amends Federal pipeline safety law to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas; and (2) transmission pipeline operators to institute a monthly inspection program for leaks and other specified hazards and line markers along pipeline rights-of-way. (Sec. 3) Declares it is a criminal offense to fail to report damage to a gas or hazardous liquid pipeline facility after knowingly and willfully engaging in excavation activities without taking specified steps to establish the location of underground facilities. (Sec. 4) Increases the civil and criminal penalties for violations of such law. (Sec. 5) Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near gas pipelines; (2) study and report to the Congress on the safety of all gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by gas pipeline transportation; and (3) develop a comprehensive mapping program to identify the specific location of all gas and hazardous liquid transmission pipelines , and gathering lines, in the country.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Directing Dollars to Disaster Relief Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``administrative cost''-- (A) means a cost incurred by the Agency in support of the delivery of disaster assistance for a major disaster; and (B) does not include a cost incurred by a grantee or subgrantee; (2) the term ``Administrator'' means the Administrator of the Agency; (3) the term ``Agency'' means the Federal Emergency Management Agency; (4) the term ``direct administrative cost'' means a cost incurred by a grantee or subgrantee of a program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that can be identified separately and assigned to a specific project; (5) the term ``hazard mitigation program'' means the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); (6) the term ``individual assistance program'' means the individual assistance grant program authorized under sections 408, 410, 415, 416, 426, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174, 5177, 5182, 5183, 5189d, and 5192(a)); (7) the term ``major disaster'' means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); (8) the term ``mission assignment'' has the meaning given the term in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741); and (9) the term ``public assistance program'' means the public assistance grant program authorized under sections 403(a)(3), 406, 418, 419, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3), 5172, 5185, 5186, 5189f, and 5192(a)). SEC. 3. INTEGRATED PLAN FOR ADMINISTRATIVE COST REDUCTION. (a) In General.--Not later than 365 days after the date of enactment of this Act, the Administrator shall-- (1) develop and implement an integrated plan to control and reduce administrative costs for major disasters, which shall include-- (A) steps the Agency will take to reduce administrative costs; (B) milestones needed for accomplishing the reduction of administrative costs; (C) strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year; (D) the assignment of clear roles and responsibilities, including the designation of officials responsible for monitoring and measuring performance; and (E) a timetable for implementation; (2) compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs, and if feasible, track this information; and (3) clarify Agency guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program. (b) Congressional Update.--Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the plan required to be developed under subsection (a)(1). (c) Updates.--If the Administrator modifies the plan or the timetable under subsection (a), the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report notifying Congress of the modification, which shall include the details of the modification. SEC. 4. REPORTING REQUIREMENT. (a) Annual Report.--Not later than November 30 of each year for 7 years beginning on the date of enactment of this Act, the Administrator shall submit to Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the development and implementation of the integrated plan required under section 3 for the previous fiscal year. (b) Report Updates.-- (1) Three year update.--Not later than 3 years after the date on which the Administrator submits a report under subsection (a), the Administrator shall submit an updated report for the previous 3-fiscal-year period. (2) Five year update.--Not later than 5 years after the date on which the Administrator submits a report under subsection (a), the Administrator shall submit an updated report for the previous 5- fiscal-year period. (c) Contents of Reports.--Each report required under subsections (a) and (b) shall contain, at a minimum-- (1) the total amount spent on administrative costs for the fiscal year period for which the report is being submitted; (2) the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted; (3) an assessment of the effectiveness of the plan developed under section 3(a)(1); (4) an analysis of-- (A) whether the Agency is achieving the strategic goals established under section 3(a)(1)(C); and (B) in the case of the Agency not achieving such strategic goals, what is preventing the Agency from doing so; (5) any actions the Agency has identified as useful in improving upon and reaching the goals for administrative costs established under section 3(a)(1)(C); and (6) any data described in section 3(a)(2), if the Agency determines it is feasible to track such data. (d) Public Availability.--Not later than 30 days after the date on which the Administrator submits a report to Congress under this section, the Administrator shall make the report publicly available on the website of the Agency. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on February 9, 2016. Directing Dollars to Disaster Relief Act of 2015 (Sec. 3) This bill directs the Federal Emergency Management Agency (FEMA) to: develop and implement an integrated plan to control and reduce administrative costs incurred by FEMA in support of the delivery of assistance for major disasters; compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs; track such information; and clarify FEMA guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 4) FEMA must submit to Congress, by November 30 of each year for seven years beginning on the date of this Act's enactment, and make publicly available on its website, a report on the development and implementation of the plan for the previous fiscal year, with three-year and five-year updates. Each report shall contain: the total amount spent on administrative costs and the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted; an assessment of the effectiveness of the plan; an analysis of whether FEMA is achieving its strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year and, in the case of it not achieving such goals, what is preventing it from doing so; any actions FEMA has identified as useful in improving upon and reaching those goals; and any administrative cost data for major disasters, if FEMA determines it is feasible to track such data.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mexican Agricultural Trade Compliance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Section 301 of the Trade Act of 1974 provides that, if the United States Trade Representative determines that the rights of the United States under any trade agreement are being denied, the Trade Representative shall take action to enforce such rights. (2) The Statement of Administrative Action accompanying the Uruguay Round Agreements Act provided that the United States Trade Representative would base any section 301 determination as to whether there has been a violation or denial of United States rights under the Uruguay Round Agreements on panel or Appellate Body findings adopted by the Dispute Settlement Body of the World Trade Organization. (3) In a panel report adopted by the Dispute Settlement Body on January 27, 2000, the Dispute Settlement Body determined that section 301 of the Trade Act of 1974 is not inconsistent with United States obligations under the Uruguay Round Agreements, particularly in light of the decision of the United States to use section 301 only after exhausting its rights under the Dispute Settlement Understanding. (4) On January 28, 2000, a panel of the World Trade Organization determined that Mexico's antidumping order on high fructose corn syrup imported from the United States violated Mexico's commitments under the Uruguay Round Agreements. (5) On February 24, 2000, the Dispute Settlement Body adopted the report of the panel. (6) On April 10, 2000, the United States and Mexico agreed to a September 22, 2000, deadline for Mexico to come into compliance with the panel report as adopted by the Dispute Settlement Body. (7) On September 20, 2000, just 2 days prior to the date Mexico had agreed to come into compliance with the panel report, Mexico issued a revised antidumping threat determination in an obvious attempt to evade its commitment to come into compliance with the panel report adopted by the Dispute Settlement Body. (8) On June 22, 2001, a panel, convened pursuant to Article 21.5 of the Dispute Settlement Understanding, found that Mexico's revised antidumping threat determination failed to bring Mexico into compliance with its commitments under the World Trade Organization. (9) On October 22, 2001, the Appellate Body affirmed the ruling of the Article 21.5 panel and recommended that Mexico come into compliance with its obligations under the World Trade Organization. (10) On November 21, 2001, the Dispute Settlement Body adopted the Appellate Body ruling that affirmed the findings of the Article 21.5 panel. (11) On January 1, 2002, in a transparent attempt to evade the determinations of the Dispute Settlement Body regarding Mexico's antidumping order on high fructose corn syrup, and in an affront to the rules-based system of the World Trade Organization, Mexico imposed a de facto discriminatory 20 percent tax on soft drinks containing high fructose corn syrup, the intent and effect of which is to continue Mexico's antidumping order on United States high fructose corn syrup by other means by restricting access to the Mexican market. (12) On April 20, 2002, with its discriminatory tax on soft drinks containing high fructose corn syrup now in place, and in a continuous event with the imposition of this tax, Mexico lifted its antidumping order on high fructose corn syrup. Importantly, Mexico lifted its antidumping order only after ensuring that imports of United States high fructose corn syrup would not enter the Mexican market due to the imposition of the tax on soft drinks. Mexico's lifting of its antidumping order enabled it to make the disingenuous claim that it had come into compliance with the findings adopted by the Dispute Settlement Body regarding Mexico's antidumping order. (13) The imposition of the tax on soft drinks and the lifting of the antidumping order by Mexico are related aspects of a unified effort by Mexico to deny the rights of the United States with respect to the trade of high fructose corn syrup. (14) The effects of the import restrictions of Mexico's antidumping order continue with even more egregious results through the imposition of a 20 percent tax on high fructose corn syrup. Imports of high fructose corn syrup from the United States dropped from 110,893 metric tons in 2001 (the year prior to the lifting of the antidumping order) to 4,868 metric tons in 2002 (the first year of the tax). (15) The United States has exhausted proceedings under the Dispute Settlement Understanding, and the Dispute Settlement Body has on more than 1 occasion adopted findings adverse to Mexico. SEC. 3. DEFINITIONS. In this Act: (1) Appellate body.--The term ``Appellate Body'' means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (2) Dispute settlement body.--The term ``Dispute Settlement Body'' has the meaning given that term in section 121(5) of the Uruguay Round Agreements Act (19 U.S.C. 3531(5)). (3) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (4) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)). (5) GATT 1994.--The term ``GATT 1994'' has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B). (6) Uruguay round agreements.--The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7). (7) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (8) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. SEC. 4. ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE URUGUAY ROUND AGREEMENTS AND OTHER TRADE AGREEMENTS WITH RESPECT TO HIGH FRUCTOSE CORN SYRUP EXPORTED TO MEXICO. (a) Determination.--Congress determines that-- (1) the rights of the United States under the Uruguay Round Agreements are being denied by Mexico in connection with the imposition by Mexico of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension by other means of Mexico's unjustified antidumping order on high fructose corn syrup from the United States; (2) the United States has exhausted proceedings under the Dispute Settlement Understanding; (3) Mexico's imposition of a tax on high fructose corn syrup, an extension by other means of its unjustified antidumping order on high fructose corn syrup from the United States-- (A) constitutes an act, policy, or practice by Mexico that is unjustifiable and burdens or restricts United States commerce for purposes of section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)); and (B) denies rights to which the United States is entitled under existing trade agreements with Mexico for purposes of such section 304; and (4) unless, a certification described in subsection (b) is submitted, the United States Trade Representative shall take appropriate action under subsection (c). (b) Certification.--The certification described in this subsection means a certification from the United States Trade Representative submitted to Congress not later than 30 days after the date of enactment of this Act that states that Mexico has eliminated its tax on soft drinks containing high fructose corn syrup and is taking satisfactory measures to preserve the rights of the United States under all applicable trade agreements with respect to high fructose corn syrup. (c) Action To Be Taken by USTR.--If a certification is not made under subsection (b), the United States Trade Representative, not later than 60 days after the date of enactment of this Act and after consultation with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, shall, pursuant to section 301(c)(1) (A) and (B) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1) (A) and (B))-- (1) suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, including agricultural products imported from Mexico, and notwithstanding any other provision of law, fees or restrictions on the services of, Mexico for such time as the Trade Representative determines appropriate.

Mexican Agricultural Trade Compliance Act - Determines that U.S. rights under the Uruguay Round Agreements are being denied by Mexico in connection with Mexico's imposition of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension of Mexico's unjustified antidumping order on high fructose corn syrup from the United States. Directs the U.S. Trade Representative, unless certifying to Congress within 30 days after the enactment of this Act that Mexico has eliminated such tax and is otherwise preserving all U.S. trade agreement rights with respect to high fructose corn syrup, to either: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, and fees or restrictions on the services of Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Enhancement and Jobs Act of 2011''. SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM. (a) In General.--Section 44920(b) of title 49, United States Code, is amended to read as follows: ``(b) Approval of Applications.-- ``(1) In general.--Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Secretary shall approve or deny the application. ``(2) Standards.--The Secretary shall approve an application submitted by an airport operator under subsection (a) unless the Secretary determines that the approval would compromise security, detrimentally affect the efficiency or effectiveness of the screening of passengers or property at the airport, or otherwise adversely affect the mission of the Transportation Security Administration. ``(3) Reports on denials of applications.-- ``(A) In general.--If the Secretary denies an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a written report that sets forth-- ``(i) the findings that served as the basis for the denial; ``(ii) the results of any cost or security analysis conducted in considering the application; and ``(iii) recommendations on how the airport operator can address the reasons for the denial. ``(B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). ``(4) Approved applications.-- ``(A) List of qualified private screening companies.--Not later than 60 days after the date the Secretary approves an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a list of qualified private screening companies (as described in subsection (c)), except that this subparagraph shall not apply in a case in which the airport operator is competing to provide screening services at the airport. ``(B) Consideration of airport operator's recommendations.--In selecting a private screening company to provide screening services at an airport, the Secretary shall take into consideration any recommendation from the airport operator as to which company would best serve the security screening and passenger needs of the airport.''. (b) Delegation of Authority.--Section 44920 of such title is amended by adding at the end the following: ``(h) Delegation of Authority.--The Secretary may carry out this section acting through the Assistant Secretary of Homeland Security (Transportation Security Administration).''. (c) Reconsideration of Applications Pending as of January 1, 2011.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall reconsider any application for the screening of passengers and property that-- (A) was submitted by the operator of an airport pursuant to section 44920(a) of such title; (B) was pending for final decision by the Secretary as of January 1, 2011; and (C) has not been approved by the Secretary on or before such date of enactment. (2) Notice to airport operators.--The Secretary shall provide written notice to the operator of an airport that submitted an application to be reconsidered under paragraph (1). The notice shall-- (A) inform the operator that the Secretary will reconsider the application; (B) if the application was initially denied, advise the operator of the findings that served as the basis for the denial; and (C) request the operator to provide the Secretary with such additional information as the Secretary determines necessary to reconsider the application. (3) Deadline; standards.--The Secretary shall approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period beginning on the date of enactment of this Act. The Secretary shall apply the standards set forth in section 44920(b) of such title (as amended by this section) in approving and denying such applications. (4) Deemed approval.--If the Secretary does not approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period referred to in paragraph (3), the application shall be deemed approved. (5) Reports on denials of applications.-- (A) In general.--If the Secretary denies an application of an airport operator following reconsideration under this subsection, the Secretary shall provide to the airport operator a written report that sets forth-- (i) the findings that served as the basis for the denial; (ii) the results of any cost or security analysis conducted in considering the application; and (iii) recommendations on how the airport operator can address the reasons for the denial. (B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). (d) References to Under Secretary.--Section 44920 of such title is amended-- (1) in subsection (a) by striking ``Under Secretary'' the first place it appears and inserting ``Secretary of Homeland Security''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''; and (3) in subsection (g) by striking ``of Homeland Security'' each place it appears.

Security Enhancement and Jobs Act of 2011 - Transfers from the Under Secretary of Transportation for Security (DOT) to the Secretary of Homeland Security (DHS) the authority to approve, within 120 days after receipt, any application of an airport operator to have the screening of passengers and property at an airport be carried out by the screening personnel of a qualified private screening company (security screening opt-out program). Requires the Secretary to approve such an application unless approval would compromise security, detrimentally affect the efficiency or effectiveness of screening, or otherwise adversely affect the mission of the Transportation Security Administration (TSA). Authorizes the Secretary to carry out this Act acting through the Assistant Secretary of Homeland Security (TSA).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Bicycle Helmet Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) 90 million Americans ride bicycles and 20 million ride a bicycle more than once a week; (2) between 1984 and 1988, 2,985 bicyclists in the United States died from head injuries and 905,752 suffered head injuries that were treated in hospital emergency rooms; (3) 41 percent of bicycle-related head injury deaths and 76 percent of bicycle-related head injuries occurred among American children under age 15; (4) deaths and injuries from bicycle accidents cost society $7.6 billion annually; and a child suffering from a head injury, on average, will cost society $4.5 million over the child's lifetime; (5) universal use of bicycle helmets in the United States would have prevented 2,600 deaths from head injuries and 757,000 injuries; and (6) only 5 percent of children in the Nation who ride bicycles wear helmets. SEC. 3. ESTABLISHMENT OF PROGRAM. The Administrator of the National Highway Traffic Safety Administration may, in accordance with section 4, make grants to States, State political subdivisions, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets. In making those grants, the Administrator shall allow grantees to use wide discretion in designing programs that effectively promote increased bicycle helmet use. SEC. 4. PURPOSES FOR GRANTS. A grant made under section 3 may be used by a grantee to-- (1) enforce a law that requires individuals under the age of 16 to wear approved bicycle helmets on their heads while riding on bicycles; (2) assist individuals under the age of 16 to acquire approved bicycle helmets; (3) develop and administer a program to educate individuals under the age of 16 and their families on the importance of wearing such helmets in order to improve bicycle safety; or (4) carry out any combination of the activities described in paragraphs (1), (2), and (3). SEC. 5. STANDARDS. (a) In General.--Bicycle helmets manufactured 9 months or more after the date of the enactment of this Act shall conform to-- (1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c). (b) Interim Standards.--The interim standards are as follows: (1) The American National Standards Institute standard designated as ``Z90.4-1984''. (2) The Snell Memorial Foundation standard designated as ``B-90''. (3) Any other standard that the Consumer Product Safety Commission determines is appropriate. (c) Final Standard.--Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to-- (1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements; (2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders; (3) include in the final standard provisions that address the risk of injury to children; and (4) include additional provisions as appropriate. Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the proceeding under this subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. (d) Failure To Meet Standards.-- (1) Failure to meet interim standard.--Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For the National Highway Traffic Safety Administration to carry out the grant program authorized by this Act, there are authorized to be appropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal year 1995, and $4,000,000 for fiscal year 1996. SEC. 7. DEFINITION. In this Act, the term ``approved bicycle helmet'' means a bicycle helmet that meets-- (1) any interim standard described in section 5(b), pending establishment of a final standard under section 5(c); and (2) the final standard, once it is established under section 5(c).

Children's Bicycle Helmet Safety Act of 1993 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under age 16 to wear approved bicycle helmets. Specifies that such grants may be used to: (1) enforce a law that requires such individuals to wear approved bicycle helmets; (2) assist such individuals to acquire such helmets; and (3) develop and adminster a program to educate such individuals and their families on the importance of wearing such helmets. Sets interim standards for bicycle helmets and provides that a helmet that does not conform shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Directs the Consumer Product Safety Commission to begin a proceeding to review the requirements of the interim standards and establish a final standard that includes provisions to protect against the risk of helmets coming off the heads of bicycle riders and to address the risk of injury to children. Specifies that the final standard shall be considered a consumer product safety standard under the CPSA. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Authorized Rural Water Projects Completion Act''. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Reclamation Rural Water Construction Fund established by section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. RECLAMATION RURAL WATER CONSTRUCTION FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Reclamation Rural Water Construction Fund'', consisting of-- (1) such amounts as are deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Deposits to Fund.-- (1) In general.--For each of fiscal years 2013 through 2029, the Secretary of the Treasury shall deposit in the Fund $80,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (2) Availability of amounts.--Amounts deposited in the Fund under paragraph (1) shall-- (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (3) Limitation.--Notwithstanding paragraphs (1) and (2), no amounts may be deposited in, or made available from, the Fund under those paragraphs if the transfer or availability of the amounts would increase the deficit. (c) Expenditures From Fund.-- (1) In general.-- (A) Expenditures.--Subject to subparagraph (B), for each of fiscal years 2013 through 2034, the Secretary may expend from the Fund not more than the sum of-- (i) $80,000,000; and (ii) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (B) Additional expenditures.--Notwithstanding subparagraph (A), the Secretary may expend more than $80,000,000 for any fiscal year listed in subparagraph (A) if such amounts are available in the Fund due to expenditures not reaching $80,000,000 in 1 or more prior fiscal years. (2) Use.-- (A) In general.--Subject to subparagraph (B), the Secretary may use amounts from the Fund to complete construction of rural water projects-- (i) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (ii) for which-- (I) pursuant to section 106(e) of Rural Water Supply Act of 2006 (43 U.S.C. 2405(e)), the Secretary has completed a feasibility report by September 30, 2012, that recommends the construction of a rural water project; and (II) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. (B) Limitation.--The Secretary may not use amounts from the Fund to pay for any operation and maintenance costs of an authorized rural water project. (3) Conditions.--The Secretary shall not expend any amounts from the Fund until the date on which the Secretary develops-- (A) programmatic goals to carry out this section that-- (i) would enable the completion of construction of the authorized rural water projects as expeditiously as possible; and (ii) reflect-- (I) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (II) the goals of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and (B) funding prioritization criteria to serve as a formula for distributing funds under this section that take into account-- (i) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (ii) the status of the current stages of completion of the authorized rural water project; (iii) the financial needs of the affected rural and tribal communities; (iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (v) the ability of the authorized rural water project to address regional and watershed level water supply needs; (vi) the ability of the authorized rural water project-- (I) to minimize water and energy consumption; and (II) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (vii) the need for the authorized rural water project to address-- (I) the needs of Indian tribes and members of Indian tribes; and (II) other community needs or interests; and (viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. (d) Investments of Amounts.-- (1) In general.--The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (e) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Termination.--On September 30, 2034-- (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).

Authorized Rural Water Projects Completion Act - Establishes in the Treasury a Reclamation Rural Water Construction Fund, into which the Secretary of the Treasury shall deposit for each of FY2013-FY2029 a specified amount of revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. Authorizes the Secretary to use amounts from the Fund to complete construction of rural water projects: (1) that were authorized to be carried out on or before this Act's enactment, or (2) for which the Secretary completed a feasibility report by September 30, 2012, that recommends construction and for which an Act of Congress enacted after this Act's enactment has authorized construction. Prohibits the Secretary from using amounts from the Fund to pay for project operation and maintenance costs. Prohibits the Secretary from expending amounts from the Fund until the date on which the Secretary develops: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as possible and that reflect the goals and priorities identified in the laws authorizing the projects and the goals of the Reclamation Rural Water Supply Act; and (2) funding prioritization criteria that takes into account specified information, including an evaluation of the need for potable water supplies in the affected rural and tribal communities, the completion status of a project, and the financial needs of the affected communities. Terminates the Fund on September 30, 2034.