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SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Nondiscrimination in Travel and Immigration Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under Federal immigration law, prospective immigrants, foreign students, refugees, and tourists who are infected with the Human Immunodeficiency Virus (HIV) are prohibited from entering the United States. Applicants for permanent residence and refugee status are required to be tested for HIV infection. (2) Applicants for temporary admission as nonimmigrants, such as tourists and foreign students, are required to disclose their HIV status when applying for a visa. If questioned, such applicants may be required to undergo an HIV test. (3) The Secretary of Homeland Security may issue a waiver to the HIV prohibition, on a case-by-case basis, only to any HIV-positive individual who-- (A)(i) applies for permanent admission as an immigrant; (ii) is the parent, spouse, unmarried son or daughter, or minor adopted child of a United States citizen or a permanent resident, or a refugee or asylee adjusting to immigrant status; and (iii) can establish that-- (I) the danger to the public health of the United States created by the applicant's admission would be minimal; (II) the possibility of the spread of the infection created by the applicant's admission would be minimal; and (III) there would be no cost incurred by any level of government agency of the United States without the prior consent of that agency; (B)(i) applies for admission as a refugee; (ii) is eligible for admission for humanitarian purposes or to assure family unity, or whose admission is otherwise in the public interest; and (iii) meets the requirements described in subclauses (I) and (II) of subparagraph (A)(iii); or (C) applies for a short-term nonimmigrant visa, including-- (i) a tourist who meets the requirements described in subclauses (I) through (III) of subparagraph (A)(iii) and intends to remain in the United States for less than 30 days; and (ii) a participant in a designated event, such as a conference or international sporting event and intends to remain in the United States for less than 10 days. (4) The travel and immigration ban on HIV-positive individuals-- (A) was implemented in 1987 by regulations issued through the Public Health Service of the Department of Health and Human Services; and (B) requires HIV screening for all persons over 14 years of age who apply for an immigrant or nonimmigrant visa. (5) Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) authorizes the Secretary of Health and Human Services to prescribe regulations to determine which diseases are considered ``communicable diseases of public health significance'' that would exclude noncitizens with such diseases from entering the United States. (6) In 1991, the Secretary of Health and Human Services, after conducting a public health analysis, proposed ending the HIV travel and immigration ban by removing HIV from the list of communicable diseases of public health significance. The proposal was eventually dropped due to opposition from the Congress. (7) In 1993, Congress revoked the authority of the Secretary of Health and Human Services to make a public health determination regarding HIV status as grounds for inadmissibility for potential foreign students, tourists, refugees, and immigrants to the United States by specifically designating ``infection with the etiologic agent for acquired immune deficiency syndrome'' as a communicable disease of public health significance under section 212(a)(1)(A)(i) of the Immigration and Nationality Act. (8) The United States is 1 of 13 countries with a law that bans travel and immigration for persons with HIV. The other countries are Armenia, Brunei, China, Iraq, Qatar, South Korea, Libya, Moldova, Oman, the Russian Federation, Saudi Arabia, and Sudan. (9) The HIV travel and immigration ban impacts thousands of prospective HIV-positive foreign students, tourists, refugees and immigrants who may be denied entry into the United States due solely to their HIV status. (10) The HIV travel and immigration ban may discourage some foreign students, refugees, and nonpermanent residents who are in the United States and who may be at risk of infection from seeking testing, treatment, or care for HIV/AIDS. (11) The United Nations, the Joint United Nations Programme on HIV/AIDS (UNAIDS), and the World Health Organization oppose any restrictions on travel and immigration for people living with HIV/AIDS. The 2006 Consolidated Version of the United Nation's International Guidelines on HIV/AIDS and Human Rights, produced jointly by the Office of the United Nations High Commissioner for Human Rights and UNAIDS, states ``There is no public health rationale for restricting liberty of movement or choice of residence on the grounds of HIV status. According to current international health regulations, the only disease which requires a certificate for international travel is yellow fever. Therefore, any restrictions on these rights based on suspected or real HIV status alone, including HIV screening of international travellers, are discriminatory and cannot be justified by public health concerns. . . . Where States prohibit people living with HIV from longer-term residency due to concerns about economic costs, States should not single out HIV/AIDS, as opposed to comparable conditions, for such treatment and should establish that such costs would indeed be incurred in the case of the individual alien seeking residency. In considering entry applications, humanitarian concerns, such as family reunification and the need for asylum, should outweigh economic considerations.''. (12) On World AIDS Day, December 1, 2006, the President proposed streamlining the current waiver process for HIV- positive individuals seeking to enter the United States on short-term business or tourist visas for up to 60 days by granting them a categorical waiver. If implemented, the President's proposal would only affect the waiver process for short-term visitors, and would not affect HIV-positive individuals seeking permanent residence or nontourist visas. (13) There is no scientific evidence to support the claim that the HIV travel and immigration ban is an effective way to prevent the spread of HIV or that it provides any economic benefit by reducing costs to the public health care system. SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. Section 212(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)) is amended-- (1) in clause (i), by striking ``which shall include infection with the etiologic agent for acquired immune deficiency syndrome,''; and (2) by striking ``is inadmissibility'' and inserting ``is inadmissible''. SEC. 4. REVIEW OF TRAVEL AND IMMIGRATION REGULATIONS REGARDING HIV. (a) Review.--Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall convene a panel of public health experts, including nongovernmental experts, to review all policies regarding HIV as a communicable disease of public health significance under section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182 (a)(1)(A)(i)), including-- (1) the results of the last analysis of the policy conducted by the Public Health Service; and (2) a 60-day public comment period initiated after sufficient public notice in the Federal Register. (b) Report.--Not later than 90 days after initiating the review under subsection (a), the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall-- (1) make a determination regarding the continued listing of HIV as a communicable disease of public health significance under section 212(a)(1)(A)(i) of such Act; (2) submit a report to Congress containing the results of such review, including-- (A) the determination reached by the review process; (B) the rationale for the determination; (C) the anticipated public health impact of the determination in relation to other communicable diseases; (D) the estimated costs of implementing the determination; (E) the names and affiliations of members of the review panel; and (F) a brief summary of the public comments; and (3) make the report described in paragraph (2) available to the public.

HIV Nondiscrimination in Travel and Immigration Act of 2007 - Amends the Immigration and Nationality Act to eliminate the human immunodeficiency virus (HIV) bar to U.S. admission. Directs the Secretary of Health and Human Services to: (1) convene a panel of public health experts to review immigration policies regarding HIV as a communicable disease of public health significance (and thus a health-related ground for inadmissibility); and (2) make a determination and report to Congress regarding the continued listing of HIV as a health-related ground for inadmissibility.

A bill to remove a provision from the Immigration and Nationality Act that prohibits individuals with HIV from being admissible to the United States, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) Family offices are not of national concern in that their advice, counsel, publications, writings, analyses, and reports are not furnished or distributed to clients on a retail basis, but are instead furnished or distributed only to persons who are members of a particular family. (2) Family offices do not hold themselves out to the public as investment advisers. (3) Family offices do not engage in the business of advising others, but instead provide a wide range of services to members of the family they serve, only one of which involves investment advice, for which they may receive compensation from the members of the family. (4) Since the Investment Advisers Act of 1940 was enacted, the Securities and Exchange Commission has regularly issued orders to individual family offices exempting them from all of the provisions of the Investment Advisers Act of 1940. (5) Section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act expressly exempts family offices from all of the provisions of the Investment Advisers Act of 1940. (6) It was the intent of Congress that section 409 of the Dodd-Frank Wall Street Reform and Consumer Protection Act be interpreted broadly to encompass all family offices as they are currently organized and operated, as well as to encompass changes in the organization and operation of family offices in the future. SEC. 2. FAMILY OFFICE DEFINITION. Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended-- (1) in paragraph (11)(G), in the matter added by section 409(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, by striking ``, as defined by rule, regulation, or order of the Commission, in accordance with the purposes of this title''; (2) by redesignating the second paragraph (29), as added by section 770 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as paragraph (31); and (3) by adding at the end the following new paragraph: ``(32) Family office.-- ``(A) In general.--The term `family office' means a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that-- ``(i) has no clients other than family clients; ``(ii) is-- ``(I) owned, directly or indirectly, by, ``(II) controlled, directly or indirectly, by, or ``(III) operated primarily for the benefit of, family clients; and ``(iii) does not hold itself out to the public as an investment adviser. ``(B) Grandfathering.--A person described under section 409(b)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, but who otherwise meets the requirements under subparagraph (A), shall qualify as a family office. ``(C) Definitions.--For purposes of this paragraph: ``(i) Control.--The term `control' means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of being an officer of such company. ``(ii) Family client.--The term `family client' means: ``(I) Any family member. ``(II) Any key employee. ``(III) Any charitable foundation, charitable organization, charitable trust, or other non-profit organization established or controlled, directly or indirectly, by persons one or more of whom is a family client. ``(IV) Any trust or estate funded exclusively by one or more family members or established primarily for the benefit of one or more family clients. ``(V) Any limited liability company, partnership, corporation, or other entity, if-- ``(aa) such entity is majority-owned or controlled, directly or indirectly, by, or operated primarily for the benefit of, one or more family clients; ``(bb) the family office is giving investment advice to such entity; and ``(cc) persons who are not otherwise defined as a family client do not own interests in such entity. ``(VI) Any former family member. ``(VII) Any former key employee, if, upon the termination of such individual's employment by the family office or family client, the former key employee shall not receive investment advice from the family office or the family client (or invest additional assets with a family office-advised trust, charitable foundation, or entity), other than with respect to assets advised, directly or indirectly, by the family office or family client immediately prior to the termination of such individual's employment, except that a former key employee shall be permitted to receive investment advice from the family office with respect to additional investments that the former key employee was contractually obligated to make, and that relate to a family office advised investment existing, in each case, prior to the time the person became a former key employee. For purposes of this subclause, the term `family office' shall include any entity described under subclause (V). ``(iii) Family member.-- ``(I) In general.--The term `family member' means: ``(aa) Any natural person whose economic activities created or substantially contributed to the family's wealth, and such person's spouse. ``(bb) The siblings, parents, grandparents of a person described in item (aa). ``(cc) The spouse of a person described in item (bb). ``(dd) The siblings of a person described in item (bb) or (cc). ``(ee) The spouse of a person described in item (dd). ``(ff) The lineal descendant of a person described in item (bb), (cc), (dd), or (ee). ``(gg) The spouse of a person described in item (ff). ``(II) Construction.--For purposes of this clause-- ``(aa) the term `lineal descendant' includes natural children, adopted children, and stepchildren; ``(bb) the term `spouse' includes spousal equivalents; and ``(cc) the terms `siblings', `parents', and `grandparents' include step- siblings, step-parents, and step-grandparents, respectively. ``(iv) Former family member.--The term `former family member' means a spouse or a descendant who was a family member but is no longer a family member due to a divorce or other similar event. ``(v) Key employee.--The term `key employee' means any natural person (and such person's spouse or lineal descendant) who is an executive officer, director, trustee, general partner, or person serving in a similar capacity, of the family office or any employee of the family office (other than an employee performing solely clerical, secretarial, or administrative functions) who, in connection with his or her regular functions or duties, participates in the investment activities of the family office. For purposes of this subclause, the term `family office' shall include any entity described under clause (ii)(V). ``(vi) Spousal equivalent.--The term `spousal equivalent' means a cohabitant occupying a relationship generally equivalent to that of a spouse. ``(D) Involuntary events.--If-- ``(i) a person that is not a family client becomes a client of the family office as a result of the death of a family member or key employee or other involuntary transfer from a family member or key employee, or ``(ii) a person ceases to be a family client, that person shall be deemed to be a family client until the end of the 1-year period beginning on the date that it is both legally and practically feasible for the family office to transfer the affected assets to such person, but in no event earlier than 1 year from the date that it becomes legally feasible to transfer the affected assets unless it becomes practically feasible to affect such a transfer sooner.''.

Amends the Investment Advisers Act of 1940 to define "family office" (exempt from coverage by the Act) as a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser.

To amend the Investment Advisers Act of 1940 to add a definition of family office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Through Choice Act of 2007''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act is amended by inserting after section 1860D-11 (42 U.S.C. 1395w-111) the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2008), in addition to any plans offered under section 1860D-11, the Secretary shall offer a Medicare operated prescription drug plan (as defined in subsection (b)) with a service area that consists of the entire United States. ``(b) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `Medicare operated prescription drug plan' means a prescription drug plan that offers qualified prescription drug coverage and access described in section 1860D-2(d) to the prices negotiated under subsection (c)(1). Such plan may offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans. ``(c) Enhanced Affordability Through Negotiations.-- ``(1) In general.--Notwithstanding section 1860D-11(i), for purposes of offering the Medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of such covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. ``(2) Implementation of other cost savings strategies.--To the extent practicable and consistent with paragraph (1), the Secretary shall implement strategies similar to those used by the Department of Veterans Affairs or other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(3) Conditioning use of formularies.--Insofar as the Medicare operated prescription drug plan uses a formulary, such plan shall inform, consistent with section 1860D-4(a)(3)(B), enrollees of changes in such formulary, including changes in covered drugs and the prices of such drugs. ``(4) Savings used to fill gaps in prescription drug coverage.--Any savings to the Medicare operated prescription drug plan resulting from actions take under this subsection shall be used by the plan to extend coverage under the plan to individuals who have reached the initial coverage limit applicable under the plan but who have not reached the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B). ``(d) Monthly Premiums.-- ``(1) For qualified prescription drug coverage.-- ``(A) Nationally uniform monthly beneficiary premium.--The monthly beneficiary premium for qualified prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A) to be charged under the Medicare operated prescription drug plan shall be uniform nationally. ``(B) Bid based on costs.--The bid submitted under section 1860D-11(b)(2)(C) for the Medicare operated prescription drug plan shall be based on the average monthly per capita actuarial cost of offering such plan for the year involved, including administrative expenses. ``(2) Supplemental prescription drug coverage.--Insofar as the Medicare operated prescription drug plan offers supplemental prescription drug coverage, the Secretary shall adjust the amount of the bid submitted under section 1860D- 11(b)(2)(C) (and the premium charged under paragraph (1)) to reflect the additional benefits offered under such coverage. ``(e) Open Enrollment.--A part D eligible individual may enroll in the Medicare operated prescription drug plan at any time.''. (b) No Late Enrollment Penalty for Individuals Enrolled in Medicare Operated Prescription Drug Plan.--Section 1860D-13(b)(2) of such Act (42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the following new sentence: ``A part D eligible individual described in this paragraph does not include an individual enrolled in the Medicare operated prescription drug plan during the period in which the individual is so enrolled.''. (c) Conforming Amendments.-- (1) Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by inserting ``and section 1860D-11A(e)'' after ``paragraphs (2) and (3) of this subsection''. (2) Section 1860D-2(b)(3)(A) of such Act (42 U.S.C. 1395w- 102(b)(3)(A)) is amended by inserting ``and section 1860D- 11A(c)(4)'' after ``paragraph (4)''. (3) Section 1860D-3(a) of such Act (42 U.S.C. 1395w-103(a)) is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--The Medicare operated prescription drug plan shall be offered nationally in accordance with section 1860D-11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), the Medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan for purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the Medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (4) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w- 113(c)(3)) is amended-- (A) in the heading, by inserting ``and the Medicare operated prescription drug plan'' after ``Fallback plans''; and (B) by inserting ``or the Medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (5) Section 1860D-16(b)(1) of such Act (42 U.S.C.1395w- 116(b)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; and (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and ``(E) payments for expenses incurred with respect to the operation of the Medicare operated prescription drug plan under section 1860D-11A.''. (6) Section 1860D-41(a) of such Act (42 U.S.C. 1395w- 151(a)) is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `Medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(b).''.

Medicare Drug Savings Through Choice Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer a Medicare operated prescription drug plan with a service area that consists of the entire United States; (2) negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs; and (3) encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Requires adjustment of such premium amount in case of supplemental prescription drug coverage.

To amend title XVIII of the Social Security Act to provide for a Medicare operated prescription drug plan option to deliver a meaningful drug benefit and lower prescription drug prices under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping College Students Cross the Finish Line Act''. SEC. 2. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by inserting after subpart 7 the following new subpart: ``Subpart 8--Grants to Institutions To Provide Awards to Undergraduate and Vocational Students With Financial Need To Assist in Completion of Degree and Certificate Programs ``SEC. 420. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. ``(a) Grants for Establishment of Financial Assistance Program.-- The Secretary shall award grants to institutions of higher education to establish programs of financial assistance for students in accordance with this section. ``(b) Financial Assistance Program.-- ``(1) Establishment.--An institution of higher education receiving a grant under subsection (a) shall establish a financial assistance program to award funds to not less than 100 eligible students per academic year in accordance with this subsection. ``(2) Student eligibility.--A student shall be eligible for an award under a financial assistance program established by an institution of higher education in accordance with this subsection if-- ``(A) such student is enrolled as an undergraduate or vocational student at such institution on a not less than half-time basis; ``(B) such student is academically able to complete the degree or certificate program for which such student is enrolled within an academic year; ``(C) such student is in good academic standing at such institution (as determined by such institution) at the time of the distribution of the award; ``(D) in the case of a student who previously received an award under this section, such student maintained good academic standing during the academic period for which the student received such previous award under this section; ``(E) such student has an outstanding tuition payment due to such institution and is unable to fully pay the amount due; and ``(F) the institution determines that without financial assistance, such student will discontinue the degree or certificate program for which such student is enrolled due to an inability to pay tuition. ``(3) Grant amount.--The amount of an award to a student under a financial assistance program established by an institution of higher education in accordance with this subsection for a semester or equivalent shall be the lesser of-- ``(A) $1,000; or ``(B) the amount of tuition such institution determines the student is unable to pay for such semester or equivalent. ``(4) Limitation on number of grants.--A student may only receive an award under a financial assistance program established by an institution of higher education in accordance with this subsection for a total of two semesters or the equivalent of two semesters. ``(5) Information on other financial assistance.-- ``(A) Information required.--Each institution of higher education receiving a grant under subsection (a) shall provide information to each covered student attending such institution on financial assistance available from any source other than this section. ``(B) Covered student defined.--In this paragraph, the term `covered student' means a student receiving an award under a financial assistance program established by an institution of higher education in accordance with this subsection in an amount that does not fully pay an outstanding tuition payment due to such institution. ``(c) Financial Literacy Survey.--The Secretary shall create, and each student receiving an award under a financial assistance program established by an institution of higher education in accordance with subsection (b) shall complete, an online survey concerning financial literacy. Such survey shall include matters relating to budgeting and saving, student loan debt, and career planning. ``(d) Reports.-- ``(1) Institutions of higher education.--Each institution of higher education receiving a grant under subsection (a) shall annually submit to the Secretary a report containing, for the academic year preceding the date of the submission of such report-- ``(A) the number of students enrolled at such institution that received an award under a financial assistance program established by such institution in accordance with subsection (b); ``(B) the number of such students who completed the degree or certificate program in which such students were enrolled during such academic year; ``(C) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently enrolled in a degree or certificate program at a higher level; ``(D) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently obtained full-time employment and the average salary for such students; and ``(E) any other information that the Secretary considers necessary. ``(2) Secretary.--The Secretary shall annually submit to Congress a report on the implementation of this section. Such report shall include-- ``(A) the aggregate data submitted by all institutions of higher education in accordance with paragraph (1); ``(B) an analysis of the grant program under this section and any suggestions for improving such program; and ``(C) any other information that the Secretary considers necessary. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2015 through 2020.''.

Helping College Students Cross the Finish Line Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to award grants to institutions of higher education (IHEs) to establish a financial assistance program that awards funds to at least 100 of the IHE's undergraduate or vocational students each academic year who: are enrolled on at least a half-time basis; are academically able to complete the degree or certificate program in which they are enrolled within an academic year; are in good academic standing; if they previously received such an award, maintained good academic standing during the academic period for which they received such award; are unable to fully pay an outstanding tuition payment that is due; and without financial assistance, will discontinue the degree or certificate program in which they are enrolled. Caps the amount of such award. Prohibits a student from receiving an award for more than two semesters or the equivalent of two semesters. Requires the IHEs to provide each student who receives an award that does not fully cover the amount due on the student's outstanding tuition with information on the financial assistance available from any other source. Directs the Secretary to create, and each student that receives an award to complete, an online financial literacy survey that includes matters relating to budgeting and saving, student loan debt, and career planning.

Helping College Students Cross the Finish Line Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Authority Funding Fairness Act of 2007''. SEC. 2. VOUCHER RENEWAL FUNDING. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by striking subsection (dd) and inserting the following new subsection: ``(dd) Tenant-Based Vouchers.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated, for each of fiscal years 2008 through 2012, such sums as may be necessary for tenant-based assistance under subsection (o) for the following purposes: ``(A) To renew all expiring annual contributions contracts for tenant-based rental assistance. ``(B) To provide tenant-based rental assistance for-- ``(i) relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134); ``(ii) conversion of section 23 projects to assistance under this section; ``(iii) the family unification program under subsection (x) of this section; ``(iv) relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency; ``(v) enhanced vouchers authorized under subsection (t) of this section; ``(vi) vouchers in connection with the HOPE VI program under section 24; ``(vii) demolition or disposition of public housing units pursuant to section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p); ``(viii) mandatory and voluntary conversions of public housing to vouchers, pursuant to sections 33 and 22 of the United States Housing Act of 1937, respectively (42 U.S.C. 1437z-5, 1437t); ``(ix) vouchers necessary to comply with a consent decree or court order; ``(x) vouchers transferred from another public housing agency; and ``(xi) tenant protection assistance, including replacement and relocation assistance. ``(2) Allocation of renewal funding among public housing agencies.-- ``(A) From amounts appropriated for each year pursuant to paragraph (1)(A), the Secretary shall provide renewal funding for each public housing agency-- ``(i) based on leasing and costs from the prior year, as adjusted by an annual adjustment factor to be established by the Secretary; ``(ii) by making any adjustments necessary to provide for the first-time renewal of vouchers funded under paragraph (1)(B); and ``(iii) by making such other adjustments as the Secretary considers appropriate. ``(B) Leasing and cost data.--For purposes of subparagraph (A)(i), leasing and cost data shall be calculated not less often than biennially by using the average for the calendar year that, at the time of such calculation, is the most recently completed calendar year for which the Secretary determines data is available, substantially verifiable, and complete. Such leasing data shall be adjusted to include vouchers that were set aside under a commitment to provide project- based assistance under subsection (o)(13). ``(C) Moving to work.--Notwithstanding subparagraphs (A) and (B), each public housing agency participating at any time in the moving to work demonstration under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) or in the Moving to Work program under section 36 of this Act shall be funded pursuant to its agreement under such program and shall be subject to any pro rata adjustment made under subparagraph (D). ``(D) Pro rata allocation.-- ``(i) Insufficient funds.--To the extent that amounts made available for a fiscal year are not sufficient to provide each public housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (C), the Secretary shall reduce such allocation for each agency on a pro rata basis, except that renewal funding of enhanced vouchers under section 8(t) shall not be subject to such proration. ``(ii) Excess funds.--To the extent that amounts made available for a fiscal year exceed the amount necessary to provide each housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (C), such excess amounts shall be used for the purposes specified in subparagraphs (B) and (C) of paragraph (4). ``(3) Advances.-- ``(A) Authority.--During the last 3 months of each calendar year, the Secretary shall provide amounts to any public housing agency, at the request of the agency, in an amount up to two percent of the allocation for the agency for such calendar year. ``(B) Use.--Amounts advanced under subparagraph (A) may be used to pay for additional voucher costs, including costs related to temporary overleasing. ``(C) Repayment.--Amounts advanced under subparagraph (A) in a calendar year shall be repaid to the Secretary in the subsequent calendar year by reducing the amounts made available for such agency for such subsequent calendar year pursuant to allocation under paragraph (2) by an amount equal to the amount so advanced to the agency. ``(4) Recapture.-- ``(A) In general.--The Secretary shall recapture, from amounts provided under the annual contributions contract for a public housing agency for a calendar year, all amounts allocated under paragraph (2) that are unused by the agency at the end of each calendar year. ``(B) Reallocation.--Not later than May 1 of each calendar year, the Secretary shall-- ``(i) calculate the aggregate unused amounts for the preceding year recaptured pursuant to subparagraph (A); ``(ii) set aside and make available such amounts as the Secretary considers appropriate to reimburse public housing agencies for increased costs related to portability and family self-sufficiency activities during such year; and ``(iii) reallocate all remaining amounts among public housing agencies that, in the preceding year, used at least 99 percent of amounts allocated under paragraph (2) for the agency and leased fewer than the number of vouchers authorized for the agency; except that the Secretary may establish priority for allocation of such amounts to public housing agencies that leased fewer vouchers in such preceding year than in the 12-month period ending April 1, 2004. ``(C) Use.--Amounts reallocated to a public housing agency pursuant to subparagraph (B)(iii) may be used only to increase voucher leasing rates to the level authorized for the agency.''.

Housing Authority Funding Fairness Act of 2007 - Amends the United States Housing Act of 1937 to: (1) repeal tenant-based contract renewals by application of an inflation factor; and (2) authorize FY2008-FY2012 appropriations for tenant-based rental assistance (vouchers). Prescribes requirements for renewal funding for each public housing agency.

To authorize the renewal of tenant-based rental assistance vouchers under section 8 of the United States Housing Act of 1937.

SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY CARD PROGRAM IMPROVEMENTS AND ASSESSMENT. (a) Credential Improvements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall commence actions, consistent with section 70105 of title 46, United States Code, to improve the Transportation Security Administration's process for vetting individuals with access to secure areas of vessels and maritime facilities. (2) Required actions.--The actions described under paragraph (1) shall include-- (A) conducting a comprehensive risk analysis of security threat assessment procedures, including-- (i) identifying those procedures that need additional internal controls; and (ii) identifying best practices for quality assurance at every stage of the security threat assessment; (B) implementing the additional internal controls and best practices identified under subparagraph (A); (C) improving fraud detection techniques, such as-- (i) by establishing benchmarks and a process for electronic document validation; (ii) by requiring annual training for Trusted Agents; and (iii) by reviewing any security threat assessment- related information provided by Trusted Agents and incorporating any new threat information into updated guidance under subparagraph (D); (D) updating the guidance provided to Trusted Agents regarding the vetting process and related regulations; (E) finalizing a manual for Trusted Agents and adjudicators on the vetting process; and (F) establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. (3) Report.--Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit a report to Congress that evaluates the implementation of the actions described in paragraph (1). (b) Comprehensive Security Assessment of the Transportation Security Card Program.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall commission an assessment of the effectiveness of the transportation security card program (referred to in this section as ``Program'') required under section 70105 of title 46, United States Code, at enhancing security and reducing security risks for facilities and vessels regulated under chapter 701 of that title. (2) Location.--The assessment commissioned under paragraph (1) shall be conducted by a research organization with significant experience in port or maritime security, such as-- (A) a national laboratory; (B) a university-based center within the Science and Technology Directorate's centers of excellence network; or (C) a qualified federally-funded research and development center. (3) Contents.--The assessment commissioned under paragraph (1) shall-- (A) review the credentialing process by determining-- (i) the appropriateness of vetting standards; (ii) whether the fee structure adequately reflects the current costs of vetting; (iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and (iv) the appropriateness of having varied Federal and State threat assessments and access controls; (B) review the process for renewing applications for Transportation Worker Identification Credentials, including the number of days it takes to review application, appeal, and waiver requests for additional information; and (C) review the security value of the Program by-- (i) evaluating the extent to which the Program, as implemented, addresses known or likely security risks in the maritime and port environments; (ii) evaluating the potential for a non-biometric credential alternative; (iii) identifying the technology, business process, and operational impacts of the use of the transportation security card and transportation security card readers in the maritime and port environments; (iv) assessing the costs and benefits of the Program, as implemented; and (v) evaluating the extent to which the Secretary of Homeland Security has addressed the deficiencies in the Program identified by the Government Accountability Office and the Inspector General of the Department of Homeland Security before the date of enactment of this Act. (4) Deadlines.--The assessment commissioned under paragraph (1) shall be completed not later than 1 year after the date on which the assessment is commissioned. (5) Submission to congress.--Not later than 60 days after the date that the assessment is completed, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives the results of the assessment commissioned under this subsection. (c) Corrective Action Plan; Program Reforms.--If the assessment commissioned under subsection (b) identifies a deficiency in the effectiveness of the Program, the Secretary of Homeland Security, not later than 60 days after the date on which the assessment is completed, shall submit a corrective action plan to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that-- (1) responds to findings of the assessment; (2) includes an implementation plan with benchmarks; (3) may include programmatic reforms, revisions to regulations, or proposals for legislation; and (4) shall be considered in any rulemaking by the Department of Homeland Security relating to the Program. (d) Inspector General Review.--If a corrective action plan is submitted under subsection (c), the Inspector General of the Department of Homeland Security shall-- (1) not later than 120 days after the date of such submission, review the extent to which such plan implements the requirements under subsection (c); and (2) not later than 18 months after the date of such submission, and annually thereafter for 3 years, submit a report to the congressional committees set forth in subsection (c) that describes the progress of the implementation of such plan. 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 December 10, 2016. (Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment; implementing such internal controls and best practices; improving fraud detection techniques; updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations; finalizing a manual for such agents and adjudicators on the vetting process; and establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan.

To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.

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. .

Southern Prairie Potholes National Wildlife Refuge Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's High-Growth Business Bipartisan Task Force Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``Task Force'' means the National Women's High-Growth Business Bipartisan Task Force established under section 3; and (3) the term ``small business concern owned and controlled by women'' has the meaning given that term in section 3(n) of the Small Business Act (15 U.S.C. 632(n)). SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE. (a) Establishment.--There is established the National Women's High- Growth Business Bipartisan Task Force, which shall serve as an independent source of advice, research, and policy recommendations to-- (1) the Administrator; (2) the Assistant Administrator of the Office of Women's Business Ownership of the Administration; (3) Congress; (4) the President; and (5) other Federal departments and agencies. (b) Membership.-- (1) Number of members.--The Task Force shall be composed of 15 members, of which-- (A) 8 shall be individuals who own small business concerns owned and controlled by women, including not fewer than 2 individuals who own small business concerns owned and controlled by women in industries in which women are traditionally underrepresented; (B) 2 shall be individuals having expertise conducting research on women's business, women's entrepreneurship, new business development by women, and high-growth business development; and (C) 5 shall be individuals who represent women's business organizations, including women's business centers and women's business advocacy groups. (2) Appointment of members.-- (A) Owners of small business concerns owned and controlled by women.--Of the members of the Task Force described in paragraph (1)(A)-- (i) 2 shall be appointed by the Chairperson of the Committee on Small Business and Entrepreneurship of the Senate; (ii) 2 shall be appointed by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (iii) 2 shall be appointed by the Chairperson of the Committee on Small Business of the House of Representatives; and (iv) 2 shall be appointed by the Ranking Member of the Committee on Small Business of the House of Representatives. (B) Other members.--The members of the Task Force described in subparagraphs (B) and (C) of paragraph (1) shall be appointed by the Administrator. (C) Initial appointments.--The individuals described in subparagraphs (A) and (B) shall appoint the initial members of the Task Force not later than 90 days after the date of enactment of this Act. (D) Geographic considerations.--In making an appointment under this paragraph, the individuals described in subparagraphs (A) and (B) shall give consideration to the geographic areas of the United States in which the members of the Task Force live and work, particularly to ensure that rural areas are represented on the Task Force. (E) Political affiliation.--Not more than 8 members of the Task Force may be members of the same political party. (3) Chairperson.-- (A) Election of chairperson.--The members of the Task Force shall elect 1 member of the Task Force as Chairperson of the Task Force. (B) Vacancies.--Any vacancy in the position of Chairperson of the Task Force shall be filled by the Task Force at the first meeting of the Task Force after the date on which the vacancy occurs. (4) Term of service.-- (A) In general.--Except as provided in subparagraph (B), the term of service of each member of the Task Force shall be 3 years. (B) Terms of initial appointees.--Of the members of the Task Force first appointed after the date of enactment of this Act-- (i) 6 shall be appointed for a term of 4 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 2 members appointed by the Administrator; and (ii) 5 shall be appointed for a term of 5 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 1 member appointed by the Administrator. (5) Vacancies.--A vacancy on the Task Force shall be filled not later than 30 days after the date on which the vacancy occurs, in the manner in which the original appointment was made, and shall be subject to any conditions that applied to the original appointment. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (6) Prohibition on federal employment.-- (A) In general.--Except as provided in subparagraph (B), no member of the Task Force may serve as an officer or employee of the United States. (B) Exception.--A member of the Task Force who accepts a position as an officer or employee of the United States after appointment to the Task Force may continue to serve on the Task Force for not more than 30 days after the date of such acceptance. (7) Compensation and expenses.-- (A) No compensation.--Each member of the Task Force shall serve without compensation. (B) Expenses.--The Administrator shall reimburse the members of the Task Force for travel and subsistence expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Task Force shall-- (1) review and monitor plans and programs developed in the public and private sectors that affect the ability of small business concerns owned and controlled by women to obtain capital and credit and to access markets, and provide advice on improving coordination between such plans and programs; (2) monitor and promote the plans, programs, and operations of the Federal departments and agencies that contribute to the formation and development of small business concerns owned and controlled by women, and make recommendations to Federal departments and agencies concerning the coordination of such plans, programs, and operations; (3) develop and promote initiatives, policies, programs, and plans designed to encourage the formation of startups and high-growth small business concerns owned and controlled by women; (4) advise the Administrator on the development and implementation of an annual comprehensive plan for joint efforts by the public and private sectors to facilitate the formation and development of startups and high-growth small business concerns owned and controlled by women; and (5) examine the link between women who own small business concerns and intellectual property, including-- (A) the number of patents, trademarks, and copyrights granted to women; and (B) the challenges faced by high-growth small business concerns owned and controlled by women in obtaining and enforcing intellectual property rights. (d) Powers.-- (1) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties. (2) Task groups.--The Task Force may, from time to time, establish temporary task groups, as necessary to carry out the duties of the Task Force. (3) Information from federal agencies.--Upon request of the Chairperson of the Task Force, the head of any Federal department or agency shall furnish such information to the Task Force as the Task Force considers necessary to carry out its duties. (4) Use of mails.--The Task Force may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. (5) Gifts.--The Task Force may accept, use, and dispose of gifts or donations of services or property. (e) Meetings.-- (1) In general.--The Task Force shall meet-- (A) not less than 3 times each year; (B) at the call of the Chairperson; and (C) upon the request of-- (i) the Administrator; (ii) the Chairperson and Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; or (iii) the Chairperson and Ranking Member of the Committee on Small Business of the House of Representatives. (2) Participation of federal agencies.-- (A) Participation encouraged.--The Task Force shall allow and encourage participation in meetings by representatives from Federal agencies. (B) Functions of representatives of federal agencies.--A representative from a Federal agency-- (i) may be used as a resource; and (ii) may not vote or otherwise act as a member of the Task Force. (3) Location.--Each meeting of the full Task Force shall be held at the headquarters of the Administration, unless, not later than 1 month before the meeting, a majority of the members of the Task Force agree to meet at another location. (4) Support by administrator.--The Administrator shall provide suitable meeting facilities and such administrative support as may be necessary for each full meeting of the Task Force. (f) Reports.-- (1) Reports by task force.-- (A) Reports required.--Not later than 30 days after the end of each fiscal year, the Task Force shall submit to the President and to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report containing-- (i) a detailed description of the activities of the Task Force, including a report on how the Task Force has carried out the duties described in subsection (c); (ii) the findings and recommendations of the Task Force; and (iii) the recommendations of the Task Force for-- (I) promoting intellectual property rights for high-growth small business concerns owned and controlled by women; and (II) such legislative and administrative actions as the Task Force considers appropriate to promote the formation and development of small business concerns owned and controlled by women. (B) Form of reports.--The report required under subparagraph (A) shall include-- (i) any concurring or dissenting views of the Administrator; and (ii) the minutes of each meeting of the Task Force. (2) Reports by chief counsel for advocacy.-- (A) Studies.-- (i) In general.--Not less frequently than twice each year, the Chief Counsel for Advocacy of the Small Business Administration, in consultation with the Task Force, shall conduct a study of an issue that is important to small business concerns owned and controlled by women. (ii) Topics.--The topic of a study under clause (i) shall-- (I) be an issue that the Task Force determines is critical to furthering the interests of small business concerns owned and controlled by women; and (II) relate to-- (aa) Federal prime contracts and subcontracts awarded to small business concerns owned and controlled by women; (bb) access to credit and investment capital by women entrepreneurs; (cc) acquiring and enforcing intellectual property rights; or (dd) any other issue relating to small business concerns owned and controlled by women that the Task Force determines is appropriate. (iii) Contracting.--In conducting a study under this subparagraph, the Chief Counsel may contract with a public or private entity. (B) Report.--The Chief Counsel for Advocacy shall-- (i) submit a report containing the results of each study under subparagraph (A) to the Task Force, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives; and (ii) make each report submitted under clause (i) available to the public online. (g) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. SEC. 4. REPEAL. (a) Final Reports.--Not later than 90 days after the date of enactment of this Act-- (1) the Interagency Committee on Women's Business Enterprise shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in paragraphs (1), (2), and (3) of section 404 of the Women's Business Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the day before the date of enactment of this Act; and (2) the National Women's Business Council shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in subparagraphs (A), (B), and (C) of section 406(d)(6) of the Women's Business Ownership Act of 1988 (15 U.S.C. 7106), as in effect on the day before the date of enactment of this Act. (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.). (c) Technical and Conforming Amendments.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by striking ``and to carry out the activities authorized by title IV of the Women's Business Ownership Act of 1988''; and (2) in section 29(g) (15 U.S.C. 656(g))-- (A) in paragraph (1), by striking ``women's business enterprises (as defined in section 408 of the Women's Business Ownership Act of 1988 (15 U.S.C. 631 note))'' and inserting ``small business concerns owned and controlled by women''; and (B) in paragraph (2)(B)(ii)-- (i) in subclause (VI), by adding ``and'' at the end; (ii) in subclause (VII), by striking the semicolon at the end and inserting a period; and (iii) by striking subclauses (VIII), (IX), and (X). (d) Effective Date.--The amendments made by subsections (b) and (c) shall take effect 90 days after the date of enactment of this Act.

National Women's High-Growth Business Bipartisan Task Force Act of 2012 - Establishes the National Women's High-Growth Business Bipartisan Task Force to provide women-owned, start-up and high-growth business advice, research, and policy recommendations to the Administrator of the Small Business Administration (SBA), the Assistant Administrator of the SBA's Office of Women's Business Ownership, Congress, the President, and other federal departments and agencies. Directs the Task Force, among other things, to review, monitor, and advise on plans and programs developed in the public and private sectors that affect the ability of small businesses owned and controlled by women to obtain capital and credit and to access markets. Requires the Task Force to report annually to the President and the congressional small business committees on the activities of the Task Force. Directs the SBA's Chief Counsel to: (1) semiannually conduct a study of an issue of importance to small businesses owned and controlled by women, and (2) submit each study's results to the Task Force and the small business committees. Amends the Women's Business Ownership Act of 1988 to repeal provisions establishing the Interagency Committee on Women's Business Enterprise.

A bill to establish the National Women's High-Growth Business Bipartisan Task Force, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Information and Benefits Enhancement Act of 2003''. SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES. (a) Presumption.--Section 1112(b) of title 38, United States Code, is amended-- (1) in paragraph (14), by striking ``or'' at the end; and (2) by inserting after paragraph (15) the following new paragraphs: ``(16) cardiovascular disease (heart disease), ``(17) cerebrovascular disease (stroke), or ``(18) chronic liver disease, including cirrhosis and primary liver carcinoma,''. (b) Effective Date.--(1) The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) No benefit may be paid by reason of the amendments made by subsection (a) for any period before the date of the enactment of this Act. SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE. (b) Review of Mission, Procedures, and Administration.--(1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. (2) In conducting the review under paragraph (1), the Secretaries shall-- (A) determine whether any additional actions are required to ensure that the quality assurance and quality control mechanisms of the Dose Reconstruction Program are adequate and sufficient for purposes of the program; and (B) determine the actions that are required to ensure that the mechanisms of the Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for purposes of the program, including mechanisms to permit veterans to review the assumptions utilized in their dose reconstructions. (3) Not later than 90 days after the date of the enactment of this Act, the Secretaries shall jointly submit to Congress a report on the review under paragraph (1). The report shall set forth-- (A) the results of the review; (B) a plan for any actions determined to be required under paragraph (2); and (C) such other recommendations for the improvement of the mission, procedures, and administration of the Dose Reconstruction Program as the Secretaries jointly consider appropriate. (b) On-Going Review and Oversight.--The Secretaries shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Dose Reconstruction Program, including the establishment of the advisory board required by subsection (c). (c) Advisory Board.--(1) In taking actions under subsection (b), the Secretaries shall jointly appoint an advisory board to provide review and oversight of the Dose Reconstruction Program. (2) The advisory board under paragraph (1) shall be composed of the following: (A) At least one expert in historical dose reconstruction of the type conducted under the Dose Reconstruction Program. (B) At least one expert in radiation health matters. (C) At least one expert in risk communications matters. (D) A representative of the Department of Veterans Affairs. (E) A representative of the Defense Threat Reduction Agency. (F) At least three veterans, including at least one veteran who is a member of an atomic veterans group. (3) The advisory board under paragraph (1) shall-- (A) conduct periodic, random audits of dose reconstructions and decisions on claims for radiogenic diseases under the Dose Reconstruction Program; (B) assist the Department of Veterans Affairs and the Defense Threat Reduction Agency in communicating to veterans information on the mission, procedures, and evidentiary requirements of the Dose Reconstruction Program; and (C) carry out such other activities with respect to the review and oversight of the Dose Reconstruction Program as the Secretaries shall jointly specify. (4) The advisory board under paragraph (1) may make such recommendations on modifications in the mission or procedures of the Dose Reconstruction Program as the advisory board considers appropriate as a result of the audits conducted under paragraph (3)(A). SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY. (a) In General.--The Secretary of Veterans Affairs shall, in accordance with this section, carry out a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel who were responsible for conducting aerial spray missions of herbicides during the Vietnam era. (b) Study Through National Academy of Sciences.--Not later than sixty days after the date of the enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate scientific organization, to carry out the study required by subsection (a). (c) Elements.--Under the study under subsection (a), the National Academy of Sciences, or other appropriate scientific organization, shall address the following: (1) The scientific merit of retaining and maintaining the medical records, other study data, and laboratory specimens collected in the course of the Air Force Health Study after the currently-scheduled termination date of the study in 2006. (2) Whether or not any obstacles exist to retaining and maintaining the medical records, other study data, and laboratory specimens referred to in paragraph (1), including privacy concerns. (3) The advisability of providing independent oversight of the medical records, other study data, and laboratory specimens referred to in paragraph (1), and of any further study of such records, data, and specimens, and, if so, the mechanism for providing such oversight. (4) The advisability of extending the Air Force Health Study, including the potential value and relevance of extending the study, the potential cost of extending the study, and the Federal or non-Federal entity best suited to continue the study if extended. (5) The advisability of making the laboratory specimens of the Air Force Health Study available for independent research, including the potential value and relevance of such research, and the potential cost of such research. (d) Report.--Not later than 60 days after entering into an agreement under subsection (b), the National Academy of Sciences, or other appropriate scientific organization, shall submit to the Secretary and Congress a report on the results of the study under subsection (a). The report shall include the results of the study, including the matters addressed under subsection (c), and such other recommendations as the Academy, or other appropriate scientific organization, considers appropriate as a result of the study. SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH ON MEMBERS OF THE ARMED FORCES AND VETERANS. (a) Funding by Department of Veterans Affairs.--(1) The Secretary of Veterans Affairs shall make available to the National Academy of Sciences in each of fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up Agency of the Institute of Medicine of the Academy for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Veterans Affairs shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Veterans Affairs for that fiscal year. (b) Funding by Department of Defense.--(1) The Secretary of Defense shall make available to the National Academy of Sciences in each of fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up Agency for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Defense shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Defense for that fiscal year. (c) Use of Funds.--The Medical Follow-Up Agency shall use funds made available under subsections (a) and (b) for epidemiological research on members of the Armed Forces and veterans. (d) Supplement Not Supplant.--Amounts made available to the Medical Follow-Up Agency under this section for a fiscal year for the purposes referred to in subsection (c) are in addition to any other amounts made available to the Agency for that fiscal year for those purposes.

Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease; (2) cerebrovascular disease (stroke); or (3) chronic liver disease, including cirrhosis and primary liver carcinoma. Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight. Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era. Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans.

A bill to amend title 38, United States Code, to presume additional diseases of former prisoners of war to be service-connected for compensation purposes, to enhance the Dose Reconstruction Program of the Department of Defense, to enhance and fund certain other epidemiological studies, and for other purposes

SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, SURVIVING JOINT DEBTORS, AND PARENTS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim.--The term ``eligible victim'' means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible spouse.--The term ``eligible spouse'' means the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary. (4) Eligible surviving debtor.--The term ``eligible surviving debtor'' means an individual who owes a Federal student loan that is a consolidation loan that was used, jointly by that individual and an eligible victim, to repay the Federal student loans of that individual and of such eligible victim. (5) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of an eligible spouse; (B) the consolidation loan indebtedness of an eligible surviving debtor; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim, if the amount of such indebtedness with respect to such eligible victim may be reliably determined on the basis of records available to the lender; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim described in subsection (a)(5)(B). (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible spouses, eligible surviving debtors, and eligible parents under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans to the eligible spouses, eligible surviving debtors, and eligible parents as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001.

Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.

A bill to provide for cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents of individuals who died or became permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran voted in the United Nations General Assembly on December 10, 1948, to adopt the Universal Declaration of Human Rights, thereby committing to guarantee the ``life, liberty, and security of person'' of all people and rejecting ``cruel, inhuman, or degrading treatment or punishment''. (2) Iran is a party to major international human rights instruments. (3) The Government of Iran is violating its international obligations to respect the human rights and fundamental freedoms of its citizens, including by-- (A) using torture and cruel, inhuman, or degrading treatment or punishment, including flogging, and amputations; (B) carrying out an increasingly high rate of executions in the absence of internationally recognized safeguards, including public executions; (C) using stoning as a method of execution and maintaining a high number of persons in prison who continue to face sentences of execution by stoning; (D) carrying out arrests, violent repression, and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women's rights defenders, and continuing discrimination against women and girls; (E) permitting or carrying out increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic, or other minorities; (F) imposing ongoing, systematic, and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including the continuing closures of media outlets, arrests of journalists, and the censorship of expression in online forums such as blogs and websites; and (G) imposing severe limitations and restrictions on freedom of religion and belief, including by carrying out arbitrary arrests, indefinite detentions, and lengthy jail sentences for those exercising their rights to freedom of religion or belief and proposing a provision in a draft penal code that sets out a mandatory death sentence for apostasy, the abandoning of one's faith. (4) On June 19, 2009, the United Nations High Commissioner for Human Rights expressed concerns about the increasing number of arrests not in conformity with the law and the illegal use of excessive force in responding to protests following the June 12, 2009, political processes in Iran, resulting in at least dozens of deaths and hundreds of injuries. (5) On August 1, 2009, authorities in the Government of Iran began a mass trial of more than 100 individuals in connection with election protests, most of whom were held for weeks, in solitary confinement, with little or no access to their lawyers or families, and many of whom showed signs of torture or abuse. (6) The ``Supreme Leader'' of Iran issued a statement on October 28, 2009, effectively criminalizing dissent in the aftermath of the national political processes of June 12, 2009. (7) On November 4, 2009, security forces in the Government of Iran used brutal force to disperse thousands of protesters, resulting in a number of injuries and arrests, in violation of international norms regarding the proportionate use of force against peaceful demonstrations. (8) At least 8 citizens of Iran were killed and an undetermined number were injured on December 27, 2009, when security forces of the Government of Iran violently broke up peaceful gatherings during the Ashura holiday. (9) The Government of Iran has recently sentenced numerous Iranian citizens to death without due process for politicized crimes relating to the peaceful demonstrations that followed the June 12, 2009, political processes, including ``waging war against God'', and has begun carrying out those execution sentences, including the death by hanging of 2 individuals on January 28, 2010. (10) The Iran Freedom Support Act (Public Law 109-293; 50 U.S.C. 1701 note) declares that it should be the policy of the United States-- (A) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and (B) to support independent human rights and peaceful pro-democracy forces in Iran. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, POLITICAL PROCESSES IN IRAN. (a) In General.--The President shall impose sanctions described in subsection (c) (1) and (2) with respect to each person on the list required by subsection (b), beginning not later than the date on which the President submits to the appropriate congressional committees the list required by subsection (b)(1) or the updated list required by subsection (b)(2) (as the case may be). (b) List of Persons Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are citizens of Iran that the President determines are complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (2) Updates of list.--Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the appropriate congressional committees an updated list under paragraph (1). (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Visa ban.--Ineligibility for a visa to enter the United States. (2) Financial sanctions.--Sanctions authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property. (d) Termination of Sanctions.--The provisions of this section shall cease to have force and effect beginning 90 days after the date on which the President determines and certifies to the appropriate congressional committees that-- (1) the persons sanctioned under this section have ceased to be complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran; and (2) the Government of Iran has-- (A) unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009, political processes in Iran, and allowed for investigations of Iranian prisons by appropriate international human rights organizations; (B) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; (C) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Iran and prosecuted those responsible; (D) legalized all political activity; (E) made public commitments to organizing free and fair elections for a new government-- (i) to be held in a timely manner within a period not to exceed 180 days after the date on which the President makes the determination and certification to the appropriate congressional committees under this subsection; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers; (F) ceased any interference with broadcasts such as Voice of America and Radio Farda; and (G) made public commitments to and is making demonstrable progress in-- (i) establishing an independent judiciary; and (ii) respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (2) Country reports on human rights practices.--The term ``Country Reports on Human Rights Practices'' means the annual reports required to be submitted by the Department of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)). (3) Government of iran.--The term ``Government of Iran'' includes any agency or instrumentality of the Government of Iran, including any entity that is controlled by the Government of Iran. (4) Human rights abuses.--The term ``human rights abuses'' means those forms of abuses detailed in the Department of State's annual Country Reports on Human Rights Practices.

Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Terminates sanctions upon presidential certification to Congress that: (1) the sanctioned persons have ceased complicity in human rights abuses; and (2) the government of Iran has released all political prisoners, ceased its killing and abuse of Iranian citizens engaging in peaceful political activity and prosecuted those responsible, committed itself to free elections and respect for human rights, and ceased broadcast interference.

To impose sanctions on persons who are complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, political processes in Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Social Security Retirement Account Act of 1993''. SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES. (a) Tax on Employees.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to OASDI tax on employees) is amended by striking the table and inserting the following: ``In cases of wages The rate received during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (b) Tax on Employers.--Subsection (a) of section 3111 of such Code (relating to OASDI tax on employers) is amended by striking the table and inserting the following: ``In cases of wages The rate paid during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such Code of (relating to OASDI tax on self-employment income) is amended by striking the table and inserting the following: ``In the case of a taxable year: Beginning after: And before: Percent: December 31, 1992...... January 1, 1995........ 12.4 December 31, 1994...... ....................... 10.4.'' (d) Effective Date.--The amendments made by this section shall apply with respect to remuneration paid after December 31, 1994, and with respect to earnings from self-employment attributable to taxable years beginning after such date. SEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL SECURITY PAYROLL DEDUCTION PLANS. (a) In General.--Title II of the Social Security Act is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following new part: ``Part B--Individual Retirement Program ``social security payroll deduction plans ``Sec. 251. (a) In General.--Each person who is a covered employer for any calendar year shall have in effect throughout such calendar year a social security payroll deduction plan for such person's eligible employees. ``(b) Requirements.--For purposes of this part, the term `social security payroll deduction plan' means a written plan of a covered employer if-- ``(1) under such plan, the prescribed social security employee contribution is deducted from each eligible employee's wages and paid to an individual social security retirement account of such employee designated in accordance with section 252, ``(2) under such plan, the covered employer pays the amount so deducted to the designated individual social security retirement account within 10 business days after the payment of the wages from which the amount was deducted, ``(3) under such plan, the covered employer pays to the individual social security retirement account, together with the contribution paid pursuant to paragraph (2), the prescribed social security employer contribution with respect to the eligible employee, and ``(4) the employer receives no compensation for the cost of administering such plan. ``(c) Amount Deducted May Be Accumulated by Employer in Certain Cases.--If, under the terms of an individual social security retirement account selected under section 252, contributions below a specified amount will not be accepted, the requirements of subsection (b)(2) shall be treated as met if amounts deducted from the wages of an eligible employee are accumulated by the covered employer and paid to such plan not later than 10 business days after the first day on which the accumulated amount exceeds such specified amount. ``designation of individual social security retirement accounts ``Sec. 252. (a) In General.--Except as provided in subsection (b), the individual social security retirement account to which contributions with respect to any eligible employee are required to be paid under section 251 shall be such an account designated by such employee to such employer not later than 10 business days after the date on which such employee becomes an eligible employee of such employer. Any such designation shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``(b) Designation in Absence of Timely Designation by Employee.--In any case in which no timely designation of the individual social security retirement account is made, the covered employer shall designate such account in accordance with regulations of the Secretary. ``(c) Subsequent Designation of Other Accounts.--The Secretary shall provide by regulation for subsequent designation of other individual social security retirement accounts of an eligible employee in lieu of or in addition to accounts previously designated under this section. ``self-employed individuals ``Sec. 253. (a) In General.--Not later than 30 days after the close of any taxable year for which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986 on the self-employment income of an individual, such individual shall pay to an individual social security retirement account designated by such individual the prescribed social security self-employment contribution with respect to such individual for such taxable year. ``(b) Designation of Account.--The designation of an individual social security retirement account for payment of prescribed social security self-employment contributions shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``definitions ``Sec. 254. For purposes of this part-- ``(1) Individual social security retirement account.--The term `individual social security retirement account' means any individual retirement account (as defined in section 408(a) of the Internal Revenue Code of 1986) which is administered or issued by a bank (as defined in section 408(n) of such Code) and which meets the requirements of section 408A of such Code. ``(2) Covered employer.--The term `covered employer' means, for any calendar year, any person on whom an excise tax is imposed under section 3111 of the Internal Revenue Code of 1986 with respect to having an individual in his employ to whom wages were paid by such person during such calendar year. ``(3) Eligible employee.--The term `eligible employee' means, in connection with any person who is a covered employer for any calendar year, any individual with respect to whose employment by such employer during such calendar year there is imposed an excise tax under section 3111 of the Internal Revenue Code of 1986. ``(4) Prescribed social security employee contribution.-- The term `prescribed social security employee contribution' means, with respect to any eligible employee of a covered employer, an amount equal to 1 percent of the wages received by such employee with respect to employment by such employer. ``(5) Prescribed social security employer contribution.-- The term `prescribed social security employer contribution' means, with respect to a covered employer of any eligible employee, 1 percent of the wages paid by such employer to such employee with respect to employment of such employee. ``(6) Prescribed social security self- employment contribution.--The term `prescribed social security self- employment contribution' means, with respect to the self- employment income of an individual for any taxable year, 2 percent of the amount of such self-employment income for such taxable year. ``(7) Business day.--The term `business day' means any day other than a Saturday, Sunday, or legal holiday in the area involved. ``penalties ``Sec. 255. (a) Failure To Establish Social Security Payroll Deduction Plan.--Any covered employer who fails to meet the requirements of section 251 for any calendar year shall be subject to a civil penalty of not to exceed the greater of-- ``(1) $50,000, or ``(2) $1,000 for each eligible employee of such employer as of the beginning of such calendar year. ``(b) Failure To Make Deductions Required Under Plan.--Any covered employer who fails to timely deduct in full the amount from the wages of an eligible employee required under an applicable social security payroll deduction plan shall be subject to a civil penalty of not to exceed $50 for each such failure. ``(c) Failure To Pay Deducted Wages to Individual Social Security Retirement Account.--If an amount deducted from the wages of an eligible employee under a social security payroll deduction plan is not timely paid in full to the designated individual social security retirement account in accordance with section 251-- ``(1) the covered employer failing to make such payment shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, and ``(2) shall be liable to the eligible employee for interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(d) Failure To Pay Prescribed Social Security Self-Employment Contributions to Individual Social Security Retirement Account.--Any individual failing to timely pay in full a prescribed social security self-employment contribution to a designated individual social security retirement account as required under section 253 shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, plus interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(e) Rules for Application of Section.-- ``(1) Penalties assessed by secretary.--Any civil penalty assessed by this section shall be imposed by the Secretary and collected in a civil action. ``(2) Compromises.--The Secretary may compromise the amount of any civil penalty imposed by this section. ``(3) Authority to waive penalty in certain cases.--The Secretary may waive the application of this section with respect to any failure if the Secretary determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations.''. (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a) of section 6051 of the Internal Revenue Code of 1986 (relating to receipts for employees) is amended-- (1) by striking ``and'' at the end of paragraph (8), (2) by striking the period at the end of paragraph (9) and inserting ``, and'', and (3) by inserting after paragraph (9) the following new paragraph: ``(10) the total amount deducted from the employee's wages under a social security payroll deduction plan established under part B of title II of the Social Security Act.'' (c) Exemption From ERISA Requirements.--Subsection (b) of section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003(b)) is amended-- (1) by striking ``or'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(6) such plan is a social security payroll deduction plan established under part B of title II of the Social Security Act.''. (d) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to wages paid in calendar years beginning on or after January 1, 1995. (2) Transitional rule.--Notwithstanding section 252(a) of the Social Security Act (as added by this Act), the initial designations of individual social security retirement accounts with respect to eligible employees employed by covered employers as of January 1, 1995, pursuant to such section may be made at any time not later than January 15, 1995. SEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. ``(a) General Rule.--Except as provided in this section, an individual social security retirement account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Individual Social Security Retirement Account.--For purposes of this section, the term `individual social security retirement account' means an account established and administered in accordance with part B of title II of the Social Security Act (relating to individual retirement program). ``(c) Contribution Rules.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to an individual social security retirement account. ``(2) Contribution limit.--No amount, other than a prescribed contribution under part B of title II of the Social Security Act, may be accepted as a contribution to an individual social security retirement account. ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply to any amount distributed from an individual social security retirement account only to the extent such amount is paid into another such account for the benefit of the individual for whom the account from which such amount is transferred was maintained.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Individual social security retirement accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees. Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee. Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution. Sets forth penalties for failure to establish and maintain such accounts. Requires amounts deducted from employee wages to be shown on wage receipts for employees. Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans. Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts.

Individual Social Security Retirement Account Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post-Deployment Health Assessment Act of 2009''. SEC. 2. MENTAL HEALTH SCREENINGS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION. (a) Mental Health Screenings.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for the provision of an in-person mental health screening for each member of the Armed Forces who is deployed in connection with a contingency operation as follows: (A) At a time during the period beginning 180 days before the date of deployment in connection with the contingency operation and ending 90 days before the date of deployment in connection with the contingency operation. (B) At a time during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after the date of redeployment from the contingency operation. (C) Subject to subsection (d), not later than each of 6 months, 12 months, and 18 months after the screening provided under subparagraph (B). (2) Exclusion of certain members.--A mental health screening is not required for a members of the Armed Forces under subparagraphs (B) and (C) of paragraph (1) if the Secretary determines that the member was not subjected or exposed to combat stress during deployment in the contingency operation concerned. (b) Purpose.--The purpose of the mental health screenings provided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health issues identified among members of the Armed Forces described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health issues. (c) Elements.-- (1) In general.--The mental health screenings provided pursuant to this section shall-- (A) be performed by personnel trained and certified to perform such screenings in accordance with such criteria as the Secretary of Defense shall establish; and (B) include an in-person dialogue between members of the Armed Forces described in subsection (a) and personnel described by paragraph (1) on such matters as the Secretary shall specify in order that the screenings achieve the purpose specified in subsection (b) for such screenings. (2) Treatment of current assessments and screenings.--The Secretary may treat periodic health assessments and other in- person screenings that are provided to members of the Armed Forces as of the date of the enactment of this Act as meeting the requirements for mental health screenings required under this section if the Secretary determines that such assessments and in-person screenings meet the requirements for mental health screenings established by this section. (d) Cessation of Screenings.--No mental health screening is required to be provided an individual under subsection (a)(1)(C) after the individual's discharge or release from the Armed Forces. (e) Sharing of Information.-- (1) In general.--The Secretary of Defense shall share with the Secretary of Veterans Affairs such information on members of the Armed Forces that is derived from confidential mental health screenings, including mental health screenings provided pursuant to this section and health assessments and other in- person screenings provided before the date of the enactment of this Act, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity of mental health care and treatment of members of the Armed Forces during their transition from health care and treatment provided by the Department of Defense to health care and treatment provided by the Department of Veterans Affairs. (2) Protocols.--Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent with the following: (A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), including in particular, section 1614 of that Act (122 Stat. 443; 10 U.S.C. 1071 note). (B) Section 1720F of title 38, United States Code. (f) Contingency Operation Defined.--In this section, the term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. (g) Reports.-- (1) Report on guidance.--Upon the issuance of the guidance required by subsection (a), the Secretary of Defense shall submit to Congress a report describing the guidance. (2) Report on implementation of guidance.--Not later than one year after the date of the issuance of the guidance required by subsection (a), the Secretary shall submit to Congress a report on the implementation of the guidance by the military departments. The report shall include an evidence- based assessment of the effectiveness of the mental health screenings provided pursuant to the guidance in achieving the purpose specified in subsection (b) for such screenings.

Post-Deployment Health Assessment Act of 2009 - Directs the Secretary of Defense to issue guidance for the provision of an in-person mental health screening for each member of the Armed Forces deployed in connection with a contingency operation, in order to identify post-traumatic stress disorder (PTSD), suicidal tendencies, and other behavioral health issues for which additional care and treatment may be necessary. Excludes from such screenings members not subjected or exposed to combat stress during their deployment. Requires the Secretary to share screening results with the Secretary of Veterans Affairs in order to ensure continuity of mental health care and treatment for such members during their transition from health care and treatment provided by the Department of Defense (DOD) to health care and treatment provided by the Department of Veterans Affairs (VA).

To require mental health screenings for members of the Armed Forces who are deployed in connection with a contingency operation, and for other purposes.

SECTION 1. DEFINITION OF RENEWABLE BIOMASS. (a) Clean Air Act Definitions.-- (1) RFS definition.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''. (2) Conversion assistance definition.--Section 211(s)(4) of the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking subparagraph (B) and inserting the following: ``(B) Renewable biomass.--The term `renewable biomass' has the meaning given the term in subsection (o)(1).''. (b) Applicability Under Other Law.--The definition of the term ``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any Federal law enacted after the date of enactment of this Act-- (1) to establish a renewable electricity standard; or (2) to regulate the emission of greenhouse gases.

Amends the Clean Air Act to redefine "renewable biomass" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases.

A bill to amend the Clean Air Act to modify certain definitions of the term "renewable biomass", and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Security Act of 2003''. SEC. 2. DEFINITIONS. Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended-- (1) by redesignating subsection jj. as subsection ii.; and (2) by adding at the end the following: ``jj. Design Basis Threat.--The term `design basis threat' means the design basis threat established by the Commission under section 73.1 of title 10, Code of Federal Regulations (or any successor regulation developed under section 170C). ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear facility' means-- ``(1) a commercial nuclear power plant and associated spent fuel storage facility; ``(2) a decommissioned nuclear power plant and associated spent fuel storage facility; ``(3) a category I fuel cycle facility; ``(4) a gaseous diffusion plant; and ``(5) any other facility licensed by the Commission, or used in the conduct of an activity licensed by the Commission, that the Commission determines should be treated as a sensitive nuclear facility under section 170C.''. SEC. 3. NUCLEAR SECURITY. (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE DESIGN BASIS THREAT. ``(a) Definitions.--In this section: ``(1) Nuclear security force.--The term `nuclear security force' means the nuclear security force established under subsection (b)(1). ``(2) Fund.--The term `Fund' means the Nuclear Security Fund established under subsection (e). ``(3) Qualification standard.--The term `qualification standard' means a qualification standard established under subsection (d)(2)(A). ``(4) Security plan.--The term `security plan' means a security plan developed under subsection (b)(2). ``(b) Nuclear Security.--The Commission shall-- ``(1) establish a nuclear security force, the members of which shall be employees of the Commission, to provide for the security of all sensitive nuclear facilities against the design basis threat; and ``(2) develop and implement a security plan for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against the design basis threat. ``(c) Security Plans.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Commission shall develop a security plan for each sensitive nuclear facility to ensure the protection of each sensitive nuclear facility against the design basis threat. ``(2) Elements of the plan.--A security plan shall prescribe-- ``(A) the deployment of the nuclear security force, including-- ``(i) numbers of the members of the nuclear security force at each sensitive nuclear facility; ``(ii) tactics of the members of the nuclear security force at each sensitive nuclear facility; and ``(iii) capabilities of the members of the nuclear security force at each sensitive nuclear facility; ``(B) other protective measures, including-- ``(i) designs of critical control systems at each sensitive nuclear facility; ``(ii) restricted personnel access to each sensitive nuclear facility; ``(iii) perimeter site security, internal site security, and fire protection barriers; ``(iv) increases in protection for spent fuel storage areas; ``(v) placement of spent fuel in dry cask storage; and ``(vi) background security checks for employees and prospective employees; and ``(C) a schedule for completing the requirements of the security plan not later than 18 months after the date of enactment of this section. ``(3) Additional requirements.--A holder of a license for a sensitive nuclear facility under section 103 or 104 or the State or local government in which a sensitive nuclear facility is located may petition the Commission for additional requirements in the security plan for the sensitive nuclear facility. ``(4) Implementation of security plan.--Not later than 270 days after the date of enactment of this section, the Commission, in consultation with a holder of a license for a sensitive nuclear facility under section 103 or 104, shall, by direct action of the Commission or by order requiring action by the licensee, implement the security plan for the sensitive nuclear facility in accordance with the schedule under paragraph (2)(C). ``(5) Sufficiency of security plan.--If at any time the Commission determines that the implementation of the requirements of the security plan for a sensitive nuclear facility is insufficient to ensure the security of the sensitive nuclear facility against the design basis threat, the Commission shall immediately submit to Congress and the President a classified report that-- ``(A) identifies the vulnerability of the sensitive nuclear facility; and ``(B) recommends actions by Federal, State, or local agencies to eliminate the vulnerability. ``(d) Nuclear Security Force.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this section, the Commission, in consultation with other Federal agencies, as appropriate, shall establish a program for the hiring and training of the nuclear security force. ``(2) Hiring.-- ``(A) Qualification standards.--Not later than 30 days after the date of enactment of this section, the Commission shall establish qualification standards that individuals shall be required to meet to be hired by the Commission as members of the nuclear security force. ``(B) Examination.--The Commission shall develop and administer a nuclear security force personnel examination for use in determining the qualification of individuals seeking employment as members of the nuclear security force. ``(C) Criminal and security background checks.--The Commission shall require that an individual to be hired as a member of the nuclear security force undergo a criminal and security background check. ``(D) Disqualification of individuals who present national security risks.--The Commission, in consultation with the heads of other Federal agencies, as appropriate, shall establish procedures, in addition to any background check conducted under subparagraph (B), to ensure that no individual who presents a threat to national security is employed as a member of the nuclear security force. ``(3) Annual proficiency review.-- ``(A) In general.--The Commission shall provide that an annual evaluation of each member of the nuclear security force is conducted and documented. ``(B) Requirements for continuation.--An individual employed as a member of the nuclear security force may not continue to be employed in that capacity unless the evaluation under subparagraph (A) demonstrates that the individual-- ``(i) continues to meet all qualification standards; ``(ii) has a satisfactory record of performance and attention to duty; and ``(iii) has the knowledge and skills necessary to vigilantly and effectively provide for the security of a sensitive nuclear facility against the design basis threat. ``(4) Training.-- ``(A) In general.--The Commission shall provide for the training of each member of the nuclear security force to ensure each member has the knowledge and skills necessary to provide for the security of a sensitive nuclear facility against the design basis threat. ``(B) Training plan.--Not later than 60 days after the date of enactment of this section, the Commission shall develop a plan for the training of members of the nuclear security force. ``(C) Use of other agencies.--The Commission may enter into a memorandum of understanding or other arrangement with any other Federal agency with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of members of the nuclear security force. ``(e) Nuclear Security Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Nuclear Security Fund', which shall be used by the Commission to administer programs under this section to provide for the security of sensitive nuclear facilities. ``(2) Deposits in the fund.--The Commission shall deposit in the Fund-- ``(A) the amount of fees collected under paragraph (5); and ``(B) amounts appropriated under subsection (f). ``(3) Investment of amounts.-- ``(A) 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. ``(B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- ``(i) on original issue at the issue price; or ``(ii) by purchase of outstanding obligations at the market price. ``(C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. ``(D) 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. ``(4) Use of amounts in the fund.--The Commission shall use amounts in the Fund to pay the costs of-- ``(A) salaries, training, and other expenses of the nuclear security force; and ``(B) developing and implementing security plans. ``(5) Fee.--To ensure that adequate amounts are available to provide assistance under paragraph (4), the Commission shall assess licensees a fee in an amount determined by the Commission. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Implementation.--The Commission shall complete the full implementation of the amendment made by subsection (a) as soon as practicable after the date of enactment of this Act, but in no event later than 270 days after the date of enactment of this Act. (c) Technical and Conforming Amendment.--The table of contents for chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end the following: ``170B. Uranium supply. ``170C. Protection of sensitive nuclear facilities against the design basis threat.''.

Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat. Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility. Requires the NRC to establish a hiring and training program for the nuclear security force. Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.

To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Innovation Pilot Act of 2011''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to support State, local, and tribal leadership and innovation in preparing all students to meet State-developed college and career ready academic content standards and student academic achievement standards, by establishing a process to permit State, local, and tribal educational leaders to implement alternative and innovative strategies to improve student academic achievement and otherwise meet the purposes of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (2) to direct the Secretary of Education to defer to State, local, and tribal judgments regarding how best to accomplish the purposes of the Elementary and Secondary Education Act of 1965. SEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Request for waiver.--A State educational agency, local educational agency, or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. ``(2) Receipt of waiver.--Except as provided in subsection (c), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``, which shall include a plan'' after ``waiver request to the Secretary''; (ii) in subparagraph (B), by striking ``and how the waiving of those requirements will'' and all that follows through the end, and inserting a semicolon; (iii) by redesignating subparagraph (E) as subparagraph (F); and (iv) by striking subparagraphs (C) and (D), and inserting the following: ``(C) reasonably demonstrates that the waiver will improve instruction for students, advance student academic achievement, and contribute to student mastery of knowledge and skills, consistent with the State's college and career ready academic content standards and student academic achievement standards; ``(D) describes the methods the State educational agency, local educational agency, or Indian tribe will use to-- ``(i) monitor the effectiveness of the implementation of the plan; and ``(ii) assure regular evaluation and continuous improvement of the plan; ``(E) as applicable to the waiver request-- ``(i) describes the State educational agency, local educational agency, or Indian tribe's process for making valid and meaningful accountability determinations, based on student academic achievement, to review the success of schools and local educational agencies or Indian tribes in implementing the State's college and career ready academic content standards and student academic achievement standards; ``(ii) describes the State educational agency, local educational agency, or Indian tribe's process for accurately and meaningfully identifying, supporting, and intervening in underperforming schools, consistent with applicable State or local policy; and ``(iii) includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and''; (B) in paragraph (2)(B)(i)(II), by striking ``(on behalf of, and based on the requests of, local educational agencies)'' and inserting ``(on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State)''; (C) in paragraph (3)(A), in the matter preceding clause (i), by inserting ``or on behalf of local educational agencies in the State,'' after ``acting on its own behalf,''; and (D) by adding at the end the following: ``(4) Peer review.-- ``(A) Peer review team.-- ``(i) In general.--The Secretary shall establish multi-disciplinary peer review teams and appoint members to such teams, including persons who have experience with a State educational agency (or local educational agency or Indian tribe, as appropriate) and broader education reform experience, to review waiver requests under this section if-- ``(I) the Secretary requests such input in order to approve a waiver request; or ``(II) the Secretary intends to disapprove a request. ``(ii) Team in place for all waiver requests.--The Secretary may, at the Secretary's discretion, have a peer review team review all waiver requests submitted under this section. ``(B) Applicability.--The Secretary may approve a waiver request under this section without conducting a peer review of the request, but shall use the peer review process under this paragraph before disapproving such a request. ``(C) Purpose of peer review.--The peer review process shall be designed to-- ``(i) promote effective implementation of State-developed college and career ready academic content standards and student academic achievement standards, through State and local innovation; and ``(ii) provide transparent feedback to State educational agencies, local educational agencies, or Indian tribes, designed to strengthen the applicant's plan described under paragraph (1)(C). ``(D) Standard and nature of review.--Peer reviewers shall conduct a good faith review of waiver requests submitted to them under this section. Peer reviewers shall review such waiver requests-- ``(i) in their totality; ``(ii) in deference to State and local judgment; and ``(iii) with the goal of promoting State- and local-led innovation. ``(5) Waiver determination, demonstration, and revision.-- ``(A) In general.--The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that-- ``(i) the waiver request does not meet the requirements of this section; ``(ii) the waiver is not permitted under subsection (c); ``(iii) the plan that is required under paragraph (1)(C), and reviewed with deference to State and local judgment, provides no reasonable basis to determine that a waiver will enhance student academic achievement; or ``(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan, consistent with paragraph (1)(D). ``(B) Waiver determination and revision.--If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall-- ``(i) immediately-- ``(I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and ``(II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; ``(ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and ``(iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. ``(C) Waiver disapproval.--The Secretary may disapprove a waiver request if-- ``(i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and ``(ii) the State educational agency, local educational agency, or Indian tribe-- ``(I) does not revise and resubmit the waiver request; or ``(II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). ``(D) External conditions.--The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.''; (3) in subsection (d)-- (A) in the heading, by adding ``; Limitations'' after ``Duration and Extension of Waiver''; and (B) by adding at the end the following: ``(3) Specific limitations.--The Secretary shall not require a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request, to-- ``(A) include in, or delete from, such request, specific academic content standards or academic achievement standards; ``(B) use specific academic assessment instruments or items; or ``(C) include in, or delete from, such waiver request any criterion that specifies, defines, or prescribes the standards or measures that a State or local educational agency uses to establish, implement, or improve-- ``(i) State academic content standards or academic achievement standards; ``(ii) assessments; ``(iii) State accountability systems; ``(iv) systems that measure student growth; ``(v) measures of other academic indicators; or ``(vi) teacher and principal evaluation systems.''; (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking the heading and inserting ``Waiver reports''; (ii) in the matter preceding subparagraph (A)-- (I) by striking ``local educational agency that receives'' and inserting ``State educational agency, local educational agency, or Indian tribe that receives''; and (II) by striking ``submit a report to the State educational agency that'' and inserting ``submit a report to the Secretary that''; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraph (4) as paragraph (2); and (D) in paragraph (2), (as redesignated by subparagraph (C)), by striking ``Beginning in fiscal year 2002 and for each subsequent year, the Secretary shall submit to the Committee'' and inserting ``The Secretary shall annually submit to the Committee''; and (5) in subsection (f), by inserting ``and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver,'' after ``has been inadequate to justify a continuation of the waiver''.

State Innovation Pilot Act of 2011 - Amends part D (Waivers) of title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. Requires waiver requests by states, LEAs, or Indian tribes to include a plan that describes how: (1) the waiver will improve instruction and student achievement in accordance with the state's college and career ready academic content and achievement standards; (2) the plan will be evaluated regularly and improved continuously; (3) they will review implementation of the college and career readiness standards; (4) they will identify, support, and intervene in underperforming schools; and (5) they will maintain and improve transparency in reporting to parents and the public on student achievement and school performance. Requires the Secretary of Education to approve requests that meet such requirements and do not involve certain specified statutory or regulatory requirements. Directs the Secretary to establish a multidisciplinary peer review team to review a waiver request if the Secretary requests their input or intends to disapprove the request. Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation. Gives the Secretary a limited amount of time to decide on a waiver request. Gives requesters opportunities to revise their requests. Prohibits the Secretary from imposing conditions on a waiver that require the state, LEA, or Indian tribe to adopt or drop specific standards or assessment systems.

A bill to amend section 9401 of the Elementary and Secondary Education Act of 1965 with regard to waivers of statutory and regulatory requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Unfair Energy Levy Act''. SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES. (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Fuel Taxes.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), ``(B) sections 4091(b)(3)(A) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1), (2), or (3) of section 4041(a) (relating to diesel fuel, special fuels, and compressed natural gas), and ``(E) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the 180-day period beginning on the 30th day after the date of the enactment of this subsection.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES. (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and inserting ``14 cents''. (b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking ``19.3 cents'' and inserting ``15 cents''. (c) Diesel Fuel and Kerosene.--Clause (iii) of section 4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and inserting ``20 cents''. (d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code is amended by striking ``21.8 cents'' and inserting ``17.5 cents''. (e) Fuel Used on Inland Waterways.-- (1) Paragraph (1) of section 4042(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Paragraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C). (f) Technical Amendments.-- (1) Subparagraph (B) of section 40(e)(1) of such Code is amended by striking ``during which the rates of tax under section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting ``during which the rate of tax under section 4081(a)(2)(A)(i) does not apply''. (2) Subparagraph (A) of section 4041(a)(1) of such Code is amended by striking ``or a diesel-powered train'' each place it appears and by striking ``or train''. (3) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such Code, as redesignated by paragraph (3), is amended by striking ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3 cents per gallon'' and inserting ``zero''. (5) Subsection (a) of section 4041 of such Code is amended by striking paragraph (3). (6) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows ``section 6421(e)(2)'' and inserting a period. (7) Subparagraph (B) of section 4041(a)(2) of such Code is amended by striking all that follows clause (i) and inserting the following new clauses: ``(ii) 10.4 cents per gallon in the case of liquefied petroleum gas, and ``(iii) 9.1 cents per gallon in the case of liquefied natural gas.'' (8) Paragraph (3) of section 4041(c) of such Code is amended to read as follows: ``(3) Termination.--The rate of the taxes imposed by paragraph (1) shall be zero after September 30, 2007.'' (9) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Diesel fuel used in trains.--There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)-- ``(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or ``(B) used by any person as a fuel in a diesel- powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081.'' (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such Code are amended to read as follows: ``(i) 7 cents per gallon on and after the date of the enactment of this clause and before October 1, 2005, and ``(ii) zero after September 30, 2005, and''. (11) Subsection (c) of section 4081 of such Code is amended by striking paragraph (6) and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (12) Paragraphs (1) and (2) of section 4081(d) of such Code are amended to read as follows: ``(1) In general.--The rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A) shall be zero after September 30, 2005. ``(2) Aviation gasoline.--The rate of tax specified in subsection (a)(2)(A)(ii) shall be zero after September 30, 2007.'' (13) Subsection (f) of section 4082 of such Code is amended by striking ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and (a)(1) of section 4041, respectively''. (14) Paragraph (3) of section 4083(a) of such Code is amended by striking ``or a diesel-powered train''. (15) Subparagraph (A) of section 4091(b)(3) of such Code is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be zero after September 30, 2007.'' (16) Paragraph (1) of section 4091(c) of such Code is amended-- (A) by striking ``14 cents'' and inserting ``9.7 cents'', (B) by striking ``13.3 cents'' and inserting ``9 cents'', (C) by striking ``13.2 cents'' and inserting ``8.9 cents'', (D) by striking ``13.1 cents'' and inserting ``8.8 cents'', and (E) by striking ``13.4 cents'' and inserting ``9.1 cents''. (17) Subsection (c) of section 4091 of such Code is amended by striking paragraph (4), and by redesignating paragraph (5) as paragraph (4). (18) Subsection (b) of section 4092 of such Code is amended by striking ``attributable to'' and all that follows and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section. For purposes of the preceding sentence, the term `commercial aviation' means any use of an aircraft other than in noncommercial aviation (as defined in section 4041(c)(2)).'' (19) Subparagraph (B) of section 6421(f)(2) of such Code is amended by striking ``and,'' and all that follows and inserting a period. (20) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: ``(3) Gasoline used in trains.--In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.'' (21) Subparagraph (A) of section 6427(b)(2) of such Code is amended by striking ``7.4 cents'' and inserting ``3.1 cents''. (22) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: ``(3) Refund of certain taxes on fuel used in diesel- powered trains.--For purposes of this subsection, the term `nontaxable use' includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.'' (23) Paragraph (4) of section 6427(l) of such Code is amended by striking ``attributable to'' and all that follows through the period and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (g) Effective Date.--The amendments made by this section shall take effect on the day after the suspension period ends under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). SEC. 4. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date on which the suspension period begins under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 5. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on such liquid had the taxable event occurred on the floor stocks tax date over the tax paid under such sections on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term ``taxable liquid'' means any liquid on which tax is imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on the floor stocks tax date. (3) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (4) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (5) Floor stocks tax date.--The term ``floor stocks tax date'' means the day after the end of the suspension period under section 4081(f) of such Code (as added by section 2). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4041, 4081, or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4041(a)(2) of such Code in the case of special fuels; by section 4081 of such Code in the case of gasoline, diesel fuel, and kerosene; and by section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4041, 4081, or 4091.

Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes; and (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions.

To amend the Internal Revenue Code of 1986 to suspend all motor fuel taxes for six months, and to permanently repeal the 4.3-cent per gallon increases in motor fuel taxes enacted in 1993.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Housing Benefits Enhancement Act of 2007''. SEC. 2. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR RELEASE FROM THE ARMED FORCES. Section 1717 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability. ``(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.''. SEC. 3. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS WITH SEVERE BURNS. Section 2101 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following new subparagraph: ``(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).''; and (2) in subsection (b)(2)-- (A) by striking ``either'' and inserting ``any''; and (B) by adding at the end the following new subparagraph: ``(C) The disability is due to a severe burn injury (as so determined).''. SEC. 4. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. (a) In General.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains an assessment of the adequacy of the authorities available to the Secretary under law to assist disabled veterans in acquiring-- (1) suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor; (2) such adaptations to their residences as are reasonably necessary because of their disabilities; or (3) residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities. (b) Focus on Particular Disabilities.--The report required by subsection (a) shall pay particular attention to the needs of veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of section 2101 of title 38, United States Code. SEC. 5. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3901(1) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or (iii)'' and inserting ``(iii), or (iv)''; and (B) by adding at the end the following new clause: ``(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary); or''; and (2) in subparagraph (B), by striking ``or (iii)'' and inserting ``(iii), or (iv)''. SEC. 6. ADAPTED HOUSING ASSISTANCE FOR DISABLED MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. (a) In General.--Subsection (a) of section 2102A of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``In the case''; (2) by striking ``disabled veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and'' and inserting ``person described in paragraph (2)''; (3) by striking ``such veteran's'' and inserting ``the person's''; (4) by striking ``the veteran'' and inserting ``the person''; (5) by striking ``the veteran's'' and inserting ``the person's''; and (6) by adding at the end the following new paragraph: ``(2) A person described in this paragraph is-- ``(A) a veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title; or ``(B) a member of the Armed Forces who-- ``(i) has, as determined by the Secretary, a disability permanent in nature described in subsection (a)(2) or (b)(2) of section 2101 of this title that has incurred in the line of duty in the active military, naval, or air service; ``(ii) is hospitalized or receiving outpatient medical care, services, or treatment for such disability; and ``(iii) is likely to be discharged or released from the Armed Forces for such disability.''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (b), by striking ``veteran'' both places it appears and inserting ``person with a disability''; and (2) in subsection (c), by striking ``veteran'' and inserting ``person''. (c) Report on Assistance for Disabled Veterans and Members of the Armed Forces Who Reside in Housing Owned by Family Member on Permanent Basis.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the advisability of providing assistance under section 2102A of title 38, United States Code, to veterans and members of the Armed Forces described in subsection (a) of such section, as amended by subsection (a) of this section, who reside with family members on a permanent basis.

Veterans' Housing Benefits Enhancement Act of 2007 - Authorizes the Secretary of Veterans Affairs, in the case of a member of the Armed Forces determined to have a total disability permanent in nature which was incurred or aggravated in the line of active duty, to furnish home improvements and structural alterations for the member for the disability while the member is hospitalized or receiving outpatient care, medical services, or treatment, if the Secretary determines that the member is likely to be discharged or released from the Armed Forces for such disability. Authorizes the provision of specially adapted housing assistance for: (1) disabled veterans whose disability is due to a severe burn injury; and (2) disabled members residing temporarily in housing owned by a family member. Makes veterans and members with a severe burn disability eligible for automobile and automotive adaptive equipment assistance.

A bill to amend title 38, United States Code, to provide certain housing benefits to disabled members of the Armed Forces, to expand certain benefits for disabled veterans with severe burns, and for other purposes.

SECTION 1. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF PEG USE. (a) In General.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following: ``(f) Signal Quality and Content.-- ``(1) In general.--A cable operator that operates a cable system with channel capacity designated under subsection (b) or that is required to provide channel capacity under subsection (g)(6) shall, with respect to such channel capacity-- ``(A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public, educational, or governmental use; ``(B) provide such signals to, and make such signals viewable by, every subscriber of the cable system without additional service or equipment charges; and ``(C) provide to the appropriate local government subdivision, free of charge, any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph (A). ``(2) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State. ``(g) Preservation of Support of Public, Educational, and Governmental Use.-- ``(1) Level of support required.--In a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, notwithstanding such legislation, a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of this subsection an amount for such year to be determined by the local government subdivision, but not to exceed the greatest of the following: ``(A) The amount of support provided in the last calendar year ending before the effective date of such State legislation. ``(B) The average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such State legislation. ``(C) The amount of support that the cable operator is required to provide to such local government subdivision under such State legislation during the year involved. ``(D) An amount of support equal to 2 percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved. ``(2) Forms of support.--For purposes of paragraph (1), support for public, educational, or governmental use of a cable system means all cash payments, in-kind support, and free services that the operator of the cable system, or its predecessor, provides to the local government subdivision for such use of the cable system. ``(3) Adjustment for inflation.--For a year beginning on or after the effective date described in subparagraphs (A) and (B) of paragraph (1), on the date that the Gross National Product Price Index is first published by the Bureau of Economic Analysis after the end of June of such year, the amounts specified in such subparagraphs shall be increased by the percentage increase, if any, in the Index published on such date from the Index first published after the end of June of the preceding year. ``(4) Cash payments.--A cable operator that owes amounts under paragraph (1) shall, beginning not later than 30 days after the date of enactment of this subsection, pay such amounts in cash-- ``(A) in accordance with the schedule for payment of franchise fees, communications taxes, or other similar assessments under any applicable franchise; or ``(B) if there is no payment schedule for such assessments under an applicable franchise, in accordance with the most frequent payment schedule for such assessments under applicable State or local law. ``(5) Uses; disputes.-- ``(A) Uses.--Support provided to any local government subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity. ``(B) Disputes.-- ``(i) Mediation.--If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid to the local government subdivision, disputed amounts shall be paid into an escrow account, and the parties shall submit to nonbinding mediation. ``(ii) Court proceedings.--If the dispute cannot be settled using mediation, either party may seek relief from a court of competent jurisdiction. ``(6) Channels.--In a State that adopts legislation affecting cable system franchising requirements relating to the number of channels for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, a cable operator shall, notwithstanding such legislation, provide in a local government subdivision at least the greater of the following number of channels for such use: ``(A) The number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such State legislation. ``(B) If the operator provided fewer than 3 channels for such use in the local government subdivision on the day before the effective date of such State legislation, a number specified by the local government subdivision, but not to exceed 3. ``(7) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State.''. (b) Definitions.-- (1) Cable service.--Section 602(6) of the Communications Act of 1934 (47 U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means, regardless of the technology or transmission protocol used in the provision of service''. (2) Local government subdivision.--Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is amended-- (A) by redesignating paragraphs (13) through (20) as paragraphs (14) through (21), respectively; and (B) by inserting after paragraph (12) the following: ``(13) the term `local government subdivision' means-- ``(A) except as provided in subparagraph (B), a franchising authority that derives its power to grant a franchise from State or local law; and ``(B) in a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, an entity that was considered a franchising authority deriving its power to grant a franchise from State or local law as of the day before the effective date of such State legislation;''. (3) Franchise fee.--Section 622(g)(2) of the Communications Act of 1934 (47 U.S.C. 542(g)(2)) is amended-- (A) in subparagraph (B), by striking ``in the case of any franchise in effect on the date of enactment of this title,''; (B) by striking subparagraph (C); and (C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.

Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data; (2) provide viewable signals to every cable subscriber without additional service or equipment charges; and (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation; and (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines "local government subdivision" (referred to above as an LGS) as a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of "franchise fee" including by striking a provision prohibiting such a fee from including (in the case of a franchise granted after the enactment of the Cable Communications Policy Act of 1984) capital costs that the franchise requires the cable operator to incur for PEG access facilities.

A bill to amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Tax Revenue Nondiscrimination Act of 1997''. SEC. 2. REPEAL PROVISIONS GRANTING PROPERTY TAX RELIEF TO CERTAIN ENTITIES IN THE DISTRICT OF COLUMBIA. (a) In General.-- (1) American chemical society; american forestry association; brookings institution; carnegie institution of washington, dc; medical society of the district of columbia; national academy of sciences; american pharmaceutical association; national geographic society; national lutheran home; american association to promote the teaching of speech to the deaf.--Section 1(k) of the Act entitled ``An Act to define real property exempt from taxation in the District of Columbia'', approved December 24, 1942 (D.C. Code 47-1002(11)) is hereby repealed. (2) Disabled american veterans.--The Act entitled ``An Act to exempt from taxation certain property of the Disabled American Veterans in the District of Columbia'', approved May 15, 1946 (D.C. Code 47-1003) is hereby repealed. (3) National society of the colonial dames of america.--The Act entitled ``An Act to exempt from taxation certain property of the National Society of the Colonial Dames of America in the District of Columbia'', approved September 7, 1949 (D.C. Code 47-1004) is hereby repealed. (4) Jewish war veterans, u.s.a., national memorial incorporated.-- Public Law 98-486 (D.C. Code 47-1005) is hereby repealed. (5) Louise home.--The Act entitled, ``An Act to incorporate the trustees of the Louise Home, and for other purposes'', approved March 3, 1875 (D.C. Code 47-1012) is hereby repealed. (6) Oak hill.--Section 10 of the Act entitled ``An Act to incorporate the Oak Hill Cemetery, in the District of Columbia'', approved March 3, 1849 (D.C. Code 47-1015) is hereby repealed. (7) Corcoran gallery of art.-- (A) Real property and works of art.--Section 4 of the Act entitled ``An Act to incorporate the Trustees of the Corcoran Gallery of Art, and for other purposes'', approved May 24, 1870 (D.C. Code 47-1016) is hereby repealed. (B) Endowment fund.--The Act entitled ``An Act to exempt from taxation all property held by the trustees of the Corcoran Gallery of Art, and for other purposes'', approved January 26, 1887 (D.C. Code 47- 1017) is hereby repealed. (8) Luther statue association.--Section 4 of the Act entitled ``An Act to incorporate the Luther Statue Association, to erect and maintain a monument or statue in memory of Martin Luther in the District of Columbia'', approved March 3, 1885 (D.C. Code 47-1019) is hereby repealed. (9) Young woman's christian association.-- (A) Young women's christian home.--Section 2 of the Act entitled ``An Act to incorporate the trustees of the Young Woman's Christian Home in Washington, District of Columbia'', approved February 23, 1887 (D.C. Code 47-1021) is amended by striking ``: Provided,'' and all that follows and inserting a period. (B) Property.--Section 1 of the Act entitled ``An Act to exempt the property of the Young Women's Christian Association in the District of Columbia from national and municipal taxation'', approved June 16, 1938 (D.C. Code 47-1022) is amended by striking ``and municipal''. (10) Young men's christian association.--The Act entitled ``An Act to exempt the property of the Young Men's Christian Association of the District of Columbia'', approved June 16, 1894 (D.C. Code 47-1024) is hereby repealed. (11) Edes home.--Section 2 of the Act entitled ``An Act to incorporate the Edes Home'', approved January 1, 1906 (D.C. Code 47-1026) is amended by striking the second sentence. (12) General education board.--Section 6 of the Act entitled ``An Act to incorporate the General Education Board'', approved January 12, 1903 (D.C. Code 47-1027) is hereby repealed. (13) Daughters of the american revolution.--The following provisions of law are hereby repealed: (A) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved May 21, 1924 (D.C. Code 47-1028). (B) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved February 27, 1903 (D.C. Code 47- 1029). (C) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved September 16, 1922 (D.C. Code 47- 1030). (D) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved August 15, 1916 (D.C. Code 47- 1031). (E) The Act entitled ``An Act to exempt from taxation certain property of the Daughters of the American Revolution in Washington, District of Columbia'', approved March 3, 1917 (D.C. Code 47-1032). (14) National society united states daughters of 1812.--The Act entitled ``An Act to exempt from taxation certain property of the National Society United States Daughters of 1812 in the District of Columbia'', approved June 4, 1934 (D.C. Code 47- 1033) is hereby repealed. (15) National society of the sons of the american revolution.--The Act entitled ``An Act to exempt from taxation certain property of the National Society of the Sons of the American Revolution'', approved June 16, 1934 (D.C. Code 47- 1034) is hereby repealed. (16) American legion.--The Act entitled ``An Act to exempt from taxation certain property of the American Legion in the District of Columbia'', approved June 13, 1934 (D.C. Code 47- 1035) is hereby repealed. (17) National education association.--Section 4 of the Act entitled ``An Act to incorporate the National Education Association of the United States'', approved June 30, 1906 (D.C. Code 47-1036) is hereby repealed. (18) Society of the cincinnati.--The Act entitled ``An Act to exempt from taxation certain property of the Society of the Cincinnati, a corporation of the District of Columbia'', approved February 24, 1938 (D.C. Code 47-1037) is hereby repealed. (19) American veterans of wwii.--The Act entitled ``An Act to exempt from taxation certain property of the AMVETS, American Veterans of WWII, in the District of Columbia'', approved June 28, 1952 (D.C. Code 47-1038) is hereby repealed. (20) Veterans of foreign wars.--The Act entitled ``An Act to exempt from taxation certain property of the Veterans of Foreign Wars in the District of Columbia'', approved July 19, 1954 (D.C. Code 47-1039) is hereby repealed. (21) National woman's party.--Public Law 86-706 (D.C. Code 47-1040) is hereby repealed. (22) American association of university women, educational foundation, incorporated.--Public Law 86-709 (D.C. Code 47- 1041) is hereby repealed. . (23) National guard association of the united states.-- Public Law 86-727 (D.C. Code 47-1042) is hereby repealed. (24) Woodrow wilson house.--Public Law 88-470 (D.C. Code 47-1043) is hereby repealed. (25) American institute of architects foundation.--Section 203 of the District of Columbia Revenue Act of 1970 (D.C. Code 47-1044) is hereby repealed. (b) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 1997. SEC. 3. PERMITTING DISTRICT OF COLUMBIA TO TAX CERTAIN GOVERNMENT- SPONSORED ENTERPRISES. (a) Federal National Mortgage Association.--Section 309(c)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723a(c)(2)) is amended by striking ``States, or by the District of Columbia'' and inserting ``States (other than the District of Columbia)''. (b) Federal Home Loan Mortgage Corporation.--Section 303(e) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(e)) is amended by striking ``authority,'' and inserting ``authority (other than the District of Columbia)''. (c) Student Loan Marketing Association.--Section 439(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-2(b)(2)) is amended by striking ``States, or by the District of Columbia'' and inserting ``States (other than the District of Columbia)''. (d) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 1997.

District of Columbia Tax Revenue Nondiscrimination Act of 1997 - Repeals various District of Columbia Code property tax exemptions for specified organizations located in the District of Columbia. Amends specified Federal laws to permit the District of Columbia Government to tax: (1) the Federal National Mortgage Association (FANNIE MAE); (2) the Federal Home Loan Mortgage Corporation (FREDDIE MAC); and (3) the Student Loan Marketing Association (SALLIE MAE).

District of Columbia Tax Revenue Nondiscrimination Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Development Corporation Feasibility Study Act of 2004''. SEC. 2. FEASIBILITY STUDY. Section 4(b) of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Tribal development corporation feasibility study.-- ``(A) In general.--The Secretary shall establish the Tribal Development Corporation Feasibility Study Group (referred to in this paragraph as the `Group'). ``(B) Members.--The Group shall be comprised of 12 members, as follows: ``(i) Representatives of indian tribes.-- Five members of the Group shall be representatives of federally recognized Indian tribes. ``(ii) Representatives of the alaska native community.--Three members of the Group shall be representatives of the Alaska Native Community. ``(iii) Representative of the native hawaiian community.--One member of the Group shall be a representative of the Native Hawaiian Community. ``(iv) Representative of the private sector.--Two members of the Group shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector. ``(v) Federal officials.--One member of the Group shall be a representative of the Department of the Treasury with demonstrated experience in international economic development and international financial institutions. ``(C) Chairperson.--The members of the Group shall select a Chairperson. ``(D) Personnel and services.-- ``(i) In general.--The Chairperson of the Group may appoint and terminate such personnel as are necessary to enable the Group to perform its duties. ``(ii) Procurement of services.--The Chairperson may procure such services as are necessary to enable the Group to perform the duties of the Group. ``(E) Study.-- ``(i) In general.--Not later than 270 days after the date of enactment of this subparagraph, the Group shall-- ``(I) conduct a study to determine the feasibility of establishing an Indian Tribal Development Corporation (referred to in this subparagraph as the `Corporation'); and ``(II) submit to the Committee on Indian Affairs and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of the study and any recommendations of the Group for further legislative action. ``(ii) Contents.--The report shall contain-- ``(I) a discussion and determination of the financial feasibility of the Corporation, including whether the Corporation can be, over the long term, financially self-sustainable; ``(II) a discussion and determination of the probable economic impact of the Corporation, including a demonstration of the quantitative and qualitative economic impact on Native American communities; ``(III) a discussion and determination of the best alternatives in the structure, organization, and lending terms and conditions of the Corporation, including the most appropriate structure of capital contributions to best serve, and be acceptable to, Native interests; ``(IV) a discussion and determination of the basic terms and conditions under which funding would be provided to member Indian tribes; ``(V) a discussion of nonfinancial and advisory activities to be undertaken by the Corporation, including the use of diagnostic studies by the Corporation to-- ``(aa) identify tribal, Federal, or State policies and legal and regulatory conditions and infrastructure deficiencies that impede investment, both private and public, needed to promote economic development; ``(bb) provide specific recommendations for remedial actions that can be undertaken by an Indian tribe to overcome such inhibitors of investment; and ``(cc) identify and establish the terms for pre- appraisal studies of investment opportunities, both private and public, that can be developed and promoted by an Indian tribe; and ``(VI) a discussion and determination of-- ``(aa) the capital structure of the Corporation, including the optimal level of initial capital contributions by both Indian tribes and the United States Government; and ``(bb) the financial instruments that will be required by the Corporation to ensure its success. ``(F) Termination of study group.--The Group shall terminate 120 days after the date on which the Group submits the report under subparagraph (E). ``(G) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph-- ``(i) $3,000,000 for fiscal year 2005; and ``(ii) $2,000,000 for fiscal year 2006.''. Passed the Senate November 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.

A bill to determine the feasibility of establishing an Indian Tribal Development Corporation.

SECTION 1. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is amended by adding at the end the following: ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. ``(a) Demonstration Program Authority.-- ``(1) In general.--The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Demonstration Program under which-- ``(A) the Secretary awards grants to 4 State educational agencies, in accordance with paragraph (2), to pay the administrative expenses incurred in participating in the demonstration program under this section; and ``(B) the Secretary awards Federal Pell Grants to participating students in accordance with this section. ``(2) Grants.-- ``(A) In general.--From amounts appropriated under subsection (g) for a fiscal year, the Secretary is authorized to award grants to 4 State educational agencies to enable the State educational agencies to pay the administrative expenses incurred in participating in a demonstration program under which students in 8th grade who are eligible for a free or reduced price meal receive a commitment to receive a Federal Pell Grant early in their academic careers. ``(B) Equal amounts.--The Secretary shall award grants under this section in equal amounts to each of the 4 participating State educational agencies. ``(b) Demonstration Project Requirements.--Each of the 4 demonstration projects assisted under this section shall meet the following requirements: ``(1) Participants.-- ``(A) In general.--The State educational agency shall make participation in the demonstration project available to 2 cohorts of students, which shall consist of-- ``(i) 1 cohort of 8th grade students who begin the participation in academic year 2007- 2008; and ``(ii) 1 cohort of 8th grade students who begin the participation in academic year 2008- 2009. ``(B) Students in each cohort.--Each cohort of students shall consist of not more than 10,000 8th grade students who qualify for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. ``(2) Student data.--The State educational agency shall ensure that student data from local educational agencies serving students who participate in the demonstration project, as well as student data from local educational agencies serving a comparable group of students who do not participate in the demonstration project, are available for evaluation of the demonstration project. ``(3) Federal pell grant commitment.--Each student who participates in the demonstration project receives a commitment from the Secretary to receive a Federal Pell Grant during the first academic year that student is in attendance at an institution of higher education as an undergraduate, if the student applies for Federal financial aid (via the FAFSA) during the student's senior year of secondary school and during succeeding years. ``(4) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that the amount of each participating student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution equal to zero. ``(5) Application process.--The Secretary shall establish an application process to select State educational agencies to participate in the demonstration program and State educational agencies shall establish an application process to select local educational agencies within the State to participate in the demonstration project. ``(6) Local educational agency participation.--Subject to the 10,000 statewide student limitation described in paragraph (1), a local educational agency serving students, not less than 50 percent of whom are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutritional Act of 1966, shall be eligible to participate in the demonstration project. ``(c) State Educational Agency Applications.-- ``(1) In general.--Each State educational agency desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the demonstration project and a copy of the plan described in subsection (f)(2); ``(B) a description of the student population that will receive an early commitment to receive a Federal Pell Grant under this section; ``(C) an assurance that the State educational agency will fully cooperate with the ongoing evaluation of the demonstration project; and ``(D) such other information as the Secretary may require. ``(d) Selection Considerations.-- ``(1) Selection of state educational agencies.--In selecting State educational agencies to participate in the demonstration program, the Secretary shall consider-- ``(A) the number and quality of State educational agency applications received; ``(B) the Department's capacity to oversee and monitor each State educational agency's participation in the demonstration program; ``(C) a State educational agency's-- ``(i) financial responsibility; ``(ii) administrative capability; ``(iii) commitment to focusing State resources, in addition to any resources provided under part A of title I of the Elementary and Secondary Education Act of 1965, on students who receive assistance under such part A; ``(iv) the ability and plans of a State educational agency to run an effective and thorough targeted information campaign for students served by local educational agencies eligible to participate in the demonstration project; and ``(v) ensuring the participation in the demonstration program of a diverse group of students with respect to ethnicity and gender. ``(2) Local educational agency.--In selecting local educational agencies to participate in a demonstration project under this section, the State educational agency shall consider-- ``(A) the number and quality of local educational agency applications received; ``(B) the State educational agency's capacity to oversee and monitor each local educational agency's participation in the demonstration project; ``(C) a local educational agency's-- ``(i) financial responsibility; ``(ii) administrative capability; ``(iii) commitment to focusing local resources, in addition to any resources provided under part A of title I of the Elementary and Secondary Education Act of 1965, on students who receive assistance under such part A; ``(iv) the ability and plans of a local educational agency to run an effective and thorough targeted information campaign for students served by the local educational agency; and ``(v) ensuring the participation in the demonstration project of a diverse group of students with respect to ethnicity and gender. ``(e) Evaluation.-- ``(1) In general.--From amounts appropriated under section (g) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the demonstration program assisted under this section. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the demonstration program to pursue higher education; ``(B) identify the barriers to the effectiveness of the demonstration program; ``(C) assess the cost-effectiveness of the demonstration program in improving access to higher education; ``(D) identify the reasons why participants in the demonstration program either received or did not receive a Federal Pell Grant; ``(E) identify intermediate outcomes (relative to postsecondary education attendance), such as whether participants-- ``(i) were more likely to take a college- prep curriculum while in secondary school; ``(ii) submitted any college applications; and ``(iii) took the PSAT, SAT, or ACT; ``(F) identify the number of individuals participating in the demonstration program who pursued an associate's degree or a bachelor's degree, as well as other forms of postsecondary education; ``(G) compare the findings of the demonstration program with respect to participants to comparison groups (of similar size and demographics) that did not participate in the demonstration program; and ``(H) identify the impact on the parents of students eligible to participate in the demonstration program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(f) Targeted Information Campaign.-- ``(1) In general.--Each State educational agency receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the demonstration program assisted under this section. ``(2) Plan.--Each State educational agency receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year of the demonstration project. ``(B) Distribution.--How the State educational agency plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(C) Information.--The annual provision by the State educational agency to all students and families participating in the demonstration program of information regarding-- ``(i) the estimated statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by-- ``(I) type of institution, including-- ``(aa) 2-year public colleges; ``(bb) 4-year public colleges; and ``(cc) 4-year private colleges; ``(II) by component, including-- ``(aa) tuition and fees; and ``(bb) room and board; ``(ii) Federal Pell Grants, including-- ``(I) the maximum Federal Pell Grant for each academic year; ``(II) when and how to apply for a Federal Pell Grant; and ``(III) what the application process for a Federal Pell Grant requires; ``(iii) State-specific college savings programs; ``(iv) State-based merit aid; ``(v) State-based financial aid; and ``(vi) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs. ``(3) Cohorts.--The information described in paragraph (2)(C) shall be provided to 2 cohorts of students annually for the duration of the students' participation in the demonstration program. The 2 cohorts shall consist of-- ``(A) 1 cohort of 8th grade students who begin the participation in academic year 2007-2008; and ``(B) 1 cohort of 8th grade students who begin the participation in academic year 2008-2009. ``(4) Reservation.--Each State educational agency receiving a grant under this section shall reserve $200,000 of the grant funds received each fiscal year for each of the 2 cohorts of students (for a total reservation of $400,000 each fiscal year) served by the State to carry out their targeted information campaign described in this subsection. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $1,300,000 for fiscal year 2008, of which-- ``(A) $500,000 shall be available to carry out subsection (e); and ``(B) $800,000 shall be available to carry out subsection (f)(2)(C); ``(2) $1,600,000 for fiscal year 2009, of which $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(3) $1,600,000 for fiscal year 2010, of which $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(4) $2,100,000 for fiscal year 2011, of which-- ``(A) $500,000 shall be available to carry out subsection (e); and ``(B) $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(5) $1,600,000 for fiscal year 2012, of which $1,600,000 shall be available to carry out subsection (f)(2)(C); ``(6) $14,600,000 for fiscal year 2013, of which-- ``(A) $800,000 shall be available to carry out subsection (f)(2)(C); and ``(B) $13,800,000 shall be available for Federal Pell Grants provided in accordance with this section; and ``(7) $13,800,000 for fiscal year 2014, of which $13,800,000 shall be available for Federal Pell Grants provided in accordance with this section.''.

Amends the Higher Education Act of 1965 to authorize an Early Federal Pell Grant Demonstration Program. Directs the Secretary of Education to award grants to four states to cover administrative expenses incurred in the program. Limits a state to a cohort of up to 10,000 of its eighth grade students who are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. Provides for a cohort for each of the academic years 2007-2008 and 2008-2009. Declares that each student who participates in the demonstration project receives a commitment to receive a Pell Grant during their first year of undergraduate study at an institution of higher education, subject to a specified condition. Requires state grantees to choose local educational agencies to participate in the program from among those serving students at least half of whom are eligible for free or reduced price meals. Calculates participating students' Pell Grants by deeming them to have no expected family contribution. Directs the Secretary to arrange for an independent evaluation of the demonstration program's effectiveness in providing needy students with access to, and an incentive to pursue, higher education. Requires state grantees annually to provide program participants with information concerning college costs, Pell Grants, state college savings programs, and other state and federal aid programs.

A bill to establish an establish an Early Federal Pell Grant Commitment Demonstration Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Council.--The term ``Council'' means the National Energy Security Council established by section 4. (3) National energy security program.--The term ``national energy security program'' means the national energy security program established by section 3. (4) National oil independence goal.--The term ``national oil independence goal'' means the national oil independence goal established under section 3(c). (5) National oil independence plan.--The term ``national oil independence plan'' means the national oil independence plan established under section 3(d). SEC. 3. NATIONAL ENERGY SECURITY PROGRAM. (a) Establishment.--There is established in the Executive Office of the President the national energy security program. (b) Mission.--The mission of the national energy security program shall be to coordinate the activities and policies of the Federal Government to ensure, to the maximum extent practicable, that the United States meets-- (1) goals for reducing oil dependence, oil imports, and oil consumption; and (2) other energy policy goals, including goals for-- (A) enhancing the competitiveness of the United States in clean energy technology; (B) strengthening clean energy technology manufacturing in the United States; (C) reducing greenhouse gas emissions; and (D) reducing hazardous pollutants. (c) National Oil Independence Goal.-- (1) In general.--Subject to paragraph (2), it is the goal of the United States to reduce oil consumption by the quantity that is equal to or greater than the quantity of oil imported by the United States from outside of North America by calendar year 2030 (as compared to the rate of oil consumption projected for calendar year 2030 as of the date of enactment of this Act). (2) Adjustments.--The President, in consultation with the Council-- (A) may adjust the numeric goal for calendar year 2030 established under paragraph (1); (B) shall ensure that any new goal established under subparagraph (A) represents the maximum practicable oil savings achievable, taking into account other benefits of reducing oil consumption (including economic, security, and environmental benefits) and costs or other economic effects; and (C) if any new goal established under subparagraph (A) is lower than the goal established under paragraph (1), shall establish an additional goal for reducing oil consumption in the United Sates by a quantity that is equal to or greater than the quantity of oil imported by the United States from outside of North America on the fastest timeline practicable, taking into account other benefits of reducing oil consumption (including economic, security, and environmental benefits) and costs or other economic effects. (d) National Oil Independence Plan.-- (1) In general.--The President, in coordination with the Council and the Director of the Office of Management and Budget, shall-- (A) develop a national oil independence plan that describes programs and activities that will be implemented to meet or exceed the national oil independence goal and other goals established pursuant to subsection (c); (B) submit the national oil independence plan to Congress not later than 180 days after the date of enactment of this Act; and (C) submit an updated national oil independence plan to Congress every 2 years thereafter. (2) Review of federal policies, programs, and authorities.--Not later than 120 days after the date of enactment of this Act, the President, in coordination with the Council and the Director of the Office of Management and Budget, shall review existing programs and authorities of the Federal Government and other applicable policies (including tax policies) to determine-- (A)(i) which programs, authorities, or policies could be used to accelerate reductions in oil dependence; and (ii) any means by which the programs, authorities, or policies-- (I) could be used to maximize reductions in oil dependence; or (II) would require modification in order to be used to maximize reductions in oil dependence; and (B)(i) which programs, authorities, or policies have the effect of increasing oil consumption and oil dependence or otherwise create barriers to reducing oil consumption and oil dependence; and (ii) the manner by which the programs, authorities, or policies-- (I) have the effect of encouraging oil consumption or oil dependence or otherwise create barriers to reducing oil consumption and oil dependence; and (II) could be modified or eliminated to help meet the goal of reducing oil consumption and oil dependence. (3) Contents.--At a minimum, the national oil independence plan shall-- (A) describe the results and conclusions of the review conducted under paragraph (2); (B) as appropriate, include-- (i) the use of programs, authorities, or policies described in paragraph (2)(A); and (ii) if existing authority allows, proposals to modify or eliminate programs, authorities, or policies described in paragraph (2)(B); (C) include recommendations to Congress for legislation that would further-- (i) promote reductions in oil consumption and oil dependence; (ii) reduce barriers to reducing oil consumption and oil dependence; and (iii) help meet the energy policy goals of the United States; (D) include a timetable for achieving the national oil independence goal, including interim targets on not less than a biennial basis; (E) a plan for coordinating actions across the Federal Government to ensure, to the maximum extent practicable, that the national oil independence goal is met; and (F) a timeline for issuing rules, Executive orders, or other policy instruments that will implement the recommendations contained the national oil independence plan. (e) Annual Requests to Congress.--When submitting annual budget requests to Congress, the President shall include-- (1)(A) requests for sufficient funding for such programs the President considers appropriate to implement the national oil independence plan; and (B) if the amount of funding is not sufficient to meet the national oil independence goal, a description of the amount of funding that would be necessary to meet the goal; (2)(A) requests for such additional authorities or changes to existing laws or authorities as the President considers appropriate in order to implement the national oil independence plan; and (B) if the amount of funding is not sufficient to meet the national oil independence goal, a description of such additional authority or changes to existing laws or authorities as would be necessary to meet the goal; and (3) a report on the oil consumption and imports of the United States relative to the national oil independence goal and the interim targets and timelines established in the national oil independence plan. SEC. 4. NATIONAL ENERGY SECURITY COUNCIL. (a) Establishment.--There is established in the Executive Office of the President a National Energy Security Council. (b) Mission.--The mission of the Council shall be to assist and advise the President in-- (1) establishing the national oil independence goal in numeric terms of barrels per day of oil consumption, based on the most recent consumption estimates by the Energy Information Administration; (2) meeting the national oil independence goal; (3) developing the national oil independence plan and the requests described in section 3(e); (4) coordinating the policies, programs, and activities of the national energy security program in order to implement the national oil independence plan and meet the national oil independence goal; and (5) ensuring that policy decisions and programs are consistent with the energy policy goals of the United States. (c) Membership.--The membership of the Council shall consist of-- (1) the Secretary of Energy; (2) the Assistant to the President for National Security Affairs; (3) the Secretary of Transportation; (4) the Administrator; (5) the Secretary of the Treasury; (6) the Director of the National Economic Council; (7) the Secretary of Agriculture; (8) the Chair of the Council on Environmental Quality; (9) the Secretary of State; and (10) the Director of the Office of Science and Technology Policy. (d) Chair.--The President shall act as Chair of the Council. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary.

Energy Security Act of 2011 - Establishes in the Executive Office of the President the national energy security program to coordinate federal government activities and policies to ensure that the United States meets goals for reducing oil dependence, oil imports, and oil consumption as well as other energy policy goals. Declares it is the goal of the United States to reduce oil consumption by 2030 by an amount equal to or greater than the quantity of oil imported from outside of North America. Directs the President, in coordination with the National Energy Security Council (established by this Act) and the Director of the Office of Management and Budget (OMB), to develop a national oil independence plan, which shall be updated biennially. Directs the President to review existing federal programs and authorities (including tax policies) to determine: (1) which of them could be used to accelerate reductions in oil dependence, and (2) the means to maximize such reductions. Establishes in the Executive Office of the President the National Energy Security Council.

A bill to promote the oil independence of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Equifax Exploitation Act''. SEC. 2. DEFINITION OF CREDIT FREEZE. Section 603(q) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following: ``(6) Credit freeze.-- ``(A) In general.--The term `credit freeze' means a restriction placed at the request of a consumer or a personal representative of the consumer, on the consumer report of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer. ``(B) Exception.--A credit freeze shall not apply to the use of a consumer report by any of the following: ``(i) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account, contract, or debt. ``(ii) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, to whom access has been granted pursuant to a request by the consumer described under section 605A(i)(1)(B), for purposes of facilitating the extension of credit or other permissible use. ``(iii) Any person acting pursuant to a court order, warrant, or subpoena. ``(iv) A Federal, State, or local government, or an agent or assignee thereof. ``(v) Any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed. ``(vi) Any person for the purpose of providing a consumer with a copy of the consumer report or credit score of the consumer upon request by the consumer. ``(vii) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. ``(viii) Any person acting pursuant to an authorization from a consumer to use their consumer report for employment purposes.''. SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``One- Call'' and inserting ``One-Year''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``Initial alerts'' and inserting ``In general''; (ii) in the matter preceding subparagraph (A), by inserting ``or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; (iii) in subparagraph (A)-- (I) by striking ``90 days'' and inserting ``1 year''; and (II) by striking ``and'' at the end; (iv) in subparagraph (B)-- (I) by inserting ``1-year'' before ``fraud alert''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following: ``(C) upon the expiration of the 1-year period described in subparagraph (A) or a subsequent 1-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 1 year if the information asserted in this paragraph remains applicable.''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``1-year'' before ``fraud alert''; and (ii) in subparagraph (B), by striking ``any request described in subparagraph (A)'' and inserting ``the consumer reporting agency includes the 1-year fraud alert in the file of the consumer''; (2) in subsection (b)-- (A) in the subsection heading, by striking ``Extended'' and inserting ``Seven-Year''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``5-year period beginning on the date of such request'' and inserting ``the 7-year period described in subparagraph (A)''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``extended'' and inserting ``7-year''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) upon the expiration of the 7-year period described in subparagraph (A) or a subsequent 7-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 7 years if the consumer or such representative submits an updated identity theft report.''; and (C) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the file of the consumer; and''; (3) in subsection (c)-- (A) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon the direct request'' and inserting the following: ``(1) In general.--Upon the direct request''; and (C) by adding at the end the following: ``(2) Access to free reports.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer pursuant to section 612(d), during each 12- month period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer; and ``(B) not later than 3 business days after the date on which the active duty military consumer makes a request described in subparagraph (A), provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the active duty military consumer.''; (4) by amending subsection (d) to read as follows: ``(d) Procedures.--Each consumer reporting agency described in section 603(p) shall establish and make available to the public on the Internet website of the consumer reporting agency policies and procedures to comply with this section, including policies and procedures-- ``(1) that inform consumers of the availability of 1-year fraud alerts, 7-year fraud alerts, active duty alerts, and credit freezes, as applicable; ``(2) that allow consumers to request 1-year fraud alerts, 7-year fraud alerts, and active duty alerts, as applicable, and to place, temporarily lift, or fully remove a credit freeze in a simple and easy manner; and ``(3) for asserting in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer, for a consumer seeking a 1-year fraud alert or credit freeze.''; (5) in subsection (e), in the matter preceding paragraph (1), by inserting ``1-year or 7-year'' before ``fraud alert''; (6) in subsection (f), by striking ``or active duty alert'' and inserting ``active duty alert, or credit freeze, as applicable,''; (7) in subsection (g)-- (A) by inserting ``or has been harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; and (B) by inserting ``or credit freezes'' after ``request alerts''; and (8) in subsection (h)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``initial'' and inserting ``1-year''; (ii) in subparagraph (A), by striking ``initial'' and inserting ``1-year''; and (iii) in subparagraph (B)(i), by striking ``an initial'' and inserting ``a 1-year''; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``extended'' and inserting ``7-year''; (ii) in subparagraph (A), in the matter preceding clause (i), by striking ``extended'' and inserting ``7-year''; and (iii) in subparagraph (B), by striking ``an extended'' and inserting ``a 7-year''. SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended by adding at the end the following: ``(i) Credit Freezes.-- ``(1) In general.--Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, a consumer reporting agency that maintains a file on the consumer and has received appropriate proof of the identity of the requester (as described in section 1022.123 of title 12, Code of Federal Regulations, or any successor thereto) shall-- ``(A)(i) not later than 1 business day after receiving the request sent by postal mail, toll-free telephone, or secure electronic means as established by the agency, place a credit freeze on the file of the consumer; ``(ii) not later than 5 business days after placing a credit freeze described in clause (i), provide the consumer with written confirmation of the credit freeze and a unique personal identification number or password (other than the social security number of the consumer) for use to authorize the release of the file of the consumer for a specific period of time; and ``(iii) disclose all relevant information to the consumer relating to the procedures for temporarily lifting and fully removing a credit freeze, including a statement about the maximum amount of time given to an agency to conduct those actions; ``(B) if the consumer provides a correct personal identification number or password, temporarily lift an existing credit freeze from the file of the consumer for a period of time specified by the consumer for a specific user or category of users, as determined by the consumer-- ``(i) not later than 1 business day after receiving the request by postal mail; or ``(ii) not later than 15 minutes after receiving the request by toll-free telephone number or secure electronic means established by the agency, if the request is received during regular business hours, except if the ability of the consumer reporting agency to temporarily lift the credit freeze is prevented by-- ``(I) an act of God, including earthquakes, hurricanes, storms, or similar natural disaster or phenomenon, or fire; ``(II) unauthorized or illegal acts by a third party including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or a similar occurrence; ``(III) an operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or a similar disruption; ``(IV) governmental action, including emergency orders or regulations, judicial or law enforcement action, or a similar directive; ``(V) regularly scheduled maintenance or updates to the systems of the consumer reporting agency occurring outside of normal business hours; or ``(VI) commercially reasonable maintenance of, or repair to, the systems of the consumer reporting agency that is unexpected or unscheduled; or ``(C) if the consumer provides a correct personal identification number or password, fully remove an existing credit freeze from the file of the consumer not later than 21 business days after receiving the request by postal mail, toll-free telephone, or secure electronic means established by the consumer reporting agency. ``(2) No fee.--A consumer reporting agency may not charge a consumer a fee to place, temporarily lift, or fully remove a credit freeze. ``(3) Exclusion from third-party lists.--During the period beginning on the date on which a consumer or a representative of the consumer requests to place a credit freeze and ending the date on which the consumer or representative requests to fully remove a credit freeze, a consumer reporting agency shall exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer or that representative requests that the exclusion be rescinded before end of the period.''. SEC. 5. ADDITIONAL FREE CONSUMER REPORT. Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) in subsection (f)(1), in the matter preceding subparagraph (A), by inserting ``or subsection (h)'' after ``through (d)''; and (2) by adding at the end the following: ``(h) Free Disclosures in Connection With Credit Freeze.--In addition to the free annual disclosure required under subsection (a)(1)(A), each consumer reporting agency that maintains a file on a consumer who requests a credit freeze under section 605A(i) shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer if the consumer makes a request under section 609.''. SEC. 6. REFUNDS. (a) Definitions.--In this section, the terms ``consumer'', ``consumer reporting agency'', and ``credit freeze'' have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as amended by section 2. (b) Refunds.--With respect to any consumer who requested a credit freeze from a consumer reporting agency during the period beginning on September 7, 2017, and ending on the day before the date of enactment of this Act, the consumer reporting agency-- (1) shall issue a refund to the consumer for any fees charged to the consumer relating to the request for a credit freeze; and (2) may not impose a fee on the consumer to temporarily lift or fully remove the credit freeze.

Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill.

Freedom from Equifax Exploitation Act

SECTION 1. FINDINGS. The Congress finds as follows: (1) The over reliance of the United States on imported petroleum creates a major strategic vulnerability for the Nation, with nearly half of the energy supply of the United States dependent on foreign sources. (2) From the economically damaging Arab oil embargoes of 1973-74 and 1979 to the recession precipitated by rising oil prices which began in 1999, to the stock market's instability in early 2005 due to the cost of imported oil at near record highs of $55 per barrel, the economic stability of the United States has too often been shaken by economic forces outside its borders. (3) Increasing fuel prices have been a particular hardship on small, independent businesses particularly truckers and farmers, who have no choice but to pay ever-increasing fuel bills while absorbing these higher costs in today's economic environment. (4) This Act would help shift America's dependence away from foreign petroleum as an energy source toward alternative, renewable, domestic agricultural sources. Its aim is to convert the current petroleum trade deficit to a trade balance by replacing foreign sources of supply with steady increases of biobased fuels through domestic production. (5) Today, there are nearly 140,000,000 cars and 85,000,000 trucks on our highways. Of this amount, approximately 3,300,000 cars and trucks already on our highways will run on 85 percent ethanol (E-85), and this number is increasing. For the 2005 model year, there are 20 different models of vehicles capable of running on E-85. Yet given this market, the alternative fuel is used less than 1 percent of the time given that of the more than 187,000 retail locations selling motor fuel in the United States, only 400 stations across 38 States sell E-85. (6) Biodiesel production is also dramatically increasing, going from 5,000,000 gallons in 2001 to nearly 25,000,000 gallons in 2003. Daimler-Chrysler has also announced its intentions to initially fuel the Diesel Jeep Liberty with a 5 percent biodiesel blend, the first time a vehicle has been explicitly fueled with an alternative fuel as it rolls off the production line. (7) Currently the United States annually consumes about 7,171,885,000 barrels of petroleum. (164,000,000,000 gallons of vehicle fuels and 5,600,00,000 gallons of heating oil.) In 2002, 62 percent of these fuels were imported, part of a total $358,200,000,000 trade deficit with the rest of the world. Since 1983, the United States importation of petroleum and its derivatives has more than tripled, rising from 1,215,225,000 barrels in 1983 to 4,476,501,000 barrels in 2003. (8) Further Strategic Petroleum Reserve policy should encourage domestic production to the greatest extent possible. Currently, the Strategic Petroleum Reserve holds 670,700,000 barrels (out of a potential 727,000,000 barrels), sufficient to cushion the United States from wild price swings for a period of 53 days. None of the fuel in this Reserve is bio-based. In fact, 92.2 percent of the Strategic Petroleum Reserve has been purchased from foreign sources--41.9 percent from Mexico, 24 percent from the United Kingdom, and over 20 percent from OPEC nations. (9) Strategic Petroleum Reserve policy also should encourage the development of alternatives to the Nation's reliance on petroleum such as biomass fuels. (10) As a first step in diversification, the Strategic Petroleum Reserve should exchange 2,100,000 barrels from our current reserves for 32,000,000 gallons of ethanol and biodiesel, which could comprise less than 2 percent of the United States market, but yield a doubling of ethanol products. (11) The benefits of biofuels are as follows: (A) Energy security.-- (i) Biofuels hold potential to address our dependence on foreign energy sources immediately. With agricultural surpluses, commodity prices have reached record lows; concurrently world petroleum prices have reached record highs and are expected to continue rising as global petroleum reserves are drawn down over the next 25 years. It also is clear that economic conditions are favorable to utilize domestic surpluses of biobased oils to enhance the Nation's energy security. (ii) In the short term, biofuels can supply at least one-fifth of current United States fuel demand using existing technologies and capabilities. Additional plant research, newer processing and distribution technologies, and placing additional acres under cultivation can yield even greater results. (iii) Biofuels can be used with existing petroleum infrastructure and conventional equipment. (B) Economic security.-- (i) Continued dependence upon imported sources of oil means our Nation is strategically vulnerable to disruptions in our oil supply. (ii) Renewable biofuels domestically produced directly replace imported oil. (iii) Increased use of renewable biofuels would result in significant economic benefits to rural and urban areas and also reduce the trade deficit. (iv) According to the Department of Agriculture, a sustained annual market of 100,000,000 gallons of biodiesel alone would result in $170,000,000 in increased income to farmers. (v) Farmer-owned biofuels production has already resulted in improved income for farmers, as evidenced by the experience with State-supported rural development efforts in Minnesota where prices to corn producers have been increased by $1.00 per bushel. With the Department of Agriculture having forecast prices of $2.10 per bushel of corn for the 2004-2005 marketing year, the portion of the corn crop that goes for ethanol has a farm value of $2,100,000,000. (C) Environmental security.-- (i) The use of grain-based ethanol reduces greenhouse gas emissions from 35 to 46 percent compared with conventional gasoline. Biomass ethanol provides an even greater reduction. (ii) The American Lung Association of Metropolitan Chicago credits ethanol-blended reformulated gasoline with reducing smog- forming emissions by 25 percent since 1990. (iii) Ethanol reduces tailpipe carbon monoxide emissions by as much as 30 percent. (iv) Ethanol reduces exhaust volatile organic compounds emissions by 12 percent. (v) Ethanol reduces toxic emissions by 30 percent. (vi) Ethanol reduces particulate emissions, especially fine-particulates that pose a health threat to children, senior citizens, and those with respiratory ailments. (vii) Biodiesel contains no sulfur or aromatics associated with air pollution. (viii) The use of biodiesel provides a 78.5 percent reduction in CO<INF>2</INF> emissions compared to petroleum diesel and when burned in a conventional engine provides a substantial reduction of unburned hydrocarbons, carbon monoxide, and particulate matter. SEC. 2. ETHANOL AND BIODIESEL FUEL REQUIREMENTS. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended as follows: (1) By redesignating subsection (o) as subsection (q). (2) By inserting after subsection (n) the following: ``(o) Renewable Fuel Program-- ``(1) Definitions.--In this section: ``(A) Ethanol.--The term `ethanol' means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including dedicated energy crops and trees, wood and wood residues, plants, grasses, agricultural residues, and fibers. The term includes ethanol derived from animal wastes, including poultry fats and poultry wastes, and other waste materials, or municipal solid waste. ``(B) Biodiesel.--The term `biodiesel'has the same meaning as when used in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)). ``(2) Renewable fuel program.--Not later than 1 year after the enactment of this subsection, the Administrator shall promulgate regulations ensuring that, after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains not less than 10 percent ethanol, in the case of gasoline, and not less than 5 percent biodiesel, in the case of diesel fuel.''.

Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations ensuring that after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed in the contiguous United States contains not less than ten percent ethanol (in the case of gasoline) and not less than five percent biodiesel (in the case of diesel fuel).

To amend the Clean Air Act to require that, after the year 2010, all gasoline sold in the United States for motor vehicles contain not less than 10 percent ethanol and that all diesel fuel sold in the United States for motor vehicles contain not less than 5 percent biodiesel, and for other purposes.

SECTION 1. DEDUCTION FOR STUDENT LOAN PAYMENTS BY MEDICAL PROFESSIONALS PRACTICING IN RURAL AREAS. (a) Interest on Student Loans Not Treated as Personal Interest.-- Section 163(h)(2) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end thereof the following new subparagraph: ``(F) any qualified medical education interest (within the meaning of subsection (k)).''. (b) Qualified Medical Education Interest Defined.--Section 163 of the Internal Revenue Code of 1986 (relating to interest expenses) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Qualified Medical Education Interest of Medical Professionals Practicing in Rural Areas.-- ``(1) In general.--For purposes of subsection (h)(2)(F), the term `qualified medical education interest' means an amount which bears the same ratio to the interest paid on qualified educational loans during the taxable year by an individual performing services under a qualified rural medical practice agreement as-- ``(A) the number of months during the taxable year during which such services were performed, bears to ``(B) the number of months in the taxable year. ``(2) Dollar limitation.--The aggregate amount which may be treated as qualified medical education interest for any taxable year with respect to any individual shall not exceed $5,000. ``(3) Qualified rural medical practice agreement.--For purposes of this subsection-- ``(A) In general.--The term `qualified rural medical practice agreement' means a written agreement between an individual and an applicable rural community under which the individual agrees-- ``(i) in the case of a medical doctor, upon completion of the individual's residency (or internship if no residency is required), or ``(ii) in the case of a registered nurse, nurse practitioner, or physician's assistant, upon completion of the education to which the qualified education loan relates, to perform full-time services as such a medical professional in the applicable rural community for a period of 24 consecutive months. An individual and an applicable rural community may elect to have the agreement apply for 36 consecutive months rather than 24 months. ``(B) Special rule for computing periods.--An individual shall be treated as meeting the 24 or 36 consecutive month requirement under subparagraph (A) if, during each 12-consecutive month period within either such period, the individual performs full-time services as a medical doctor, registered nurse, nurse practitioner, or physician's assistant, whichever applies, in the applicable rural community during 9 of the months in such 12-consecutive month period. For purposes of this subsection, an individual meeting the requirements of the preceding sentence shall be treated as performing services during the entire 12-month period. ``(C) Applicable rural community.--The term `applicable rural community' means-- ``(i) any political subdivision of a State which-- ``(I) has a population of 5,000 or less, and ``(II) has a per capita income of $15,000 or less, or ``(ii) an Indian reservation which has a per capita income of $15,000 or less. ``(4) Qualified educational loan.--The term `qualified educational loan' means any indebtedness to pay qualified tuition and related expenses (within the meaning of section 117(b)) and reasonable living expenses-- ``(A) which are paid or incurred-- ``(i) as a candidate for a degree as a medical doctor at an educational institution described in section 170(b)(1)(A)(ii), or ``(ii) in connection with courses of instruction at such an institution necessary for certification as a registered nurse, nurse practitioner, or physician's assistant, and ``(B) which are paid or incurred within a reasonable time before or after such indebtedness is incurred. ``(5) Recapture.--If an individual fails to carry out a qualified rural medical practice agreement during any taxable year, then-- ``(A) no deduction with respect to such agreement shall be allowable by reason of subsection (h)(2)(F) for such taxable year and any subsequent taxable year, and ``(B) there shall be included in gross income for such taxable year the aggregate amount of the deductions allowable under this section (by reason of subsection (h)(2)(F)) for all preceding taxable years. ``(6) Definitions.--For purposes of this subsection, the terms `registered nurse', `nurse practitioner', and `physician's assistant' have the meaning given such terms by section 1861 of the Social Security Act.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (14) the following new paragraph: ``(15) Interest on student loans of rural health professionals.--The deduction allowable by reason of section 163(h)(2)(F) (relating to student loan payments of medical professionals practicing in rural areas).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Amends the Internal Revenue Code to allow an itemized deduction for personal interest paid on an education loan by a health care professional (medical doctor, registered nurse, nurse-practitioner, or physician's assistant) performing services in a rural community or on certain Indian reservations for at least 24 consecutive months under a written agreement. Limits such deduction to $5,000. Allows the computation of such deduction in determining adjusted gross income.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid by a health care professional as interest on student loans if the professional agrees to practice medicine for at least 2 years in a rural community.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Covering People With Pre-Existing Conditions Act of 2014''. SEC. 2. ESTABLISHING UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK POOLS AND REINSURANCE MARKETS FOR INDIVIDUALS WITH PRE- EXISTING CONDITIONS. (a) State Requirement.-- (1) In general.--Not later than January 1, 2015, each State shall-- (A) subject to paragraph (3), operate-- (i) a qualified State reinsurance program described in subsection (b); or (ii) qualifying State high risk pool described in subsection (c)(1); and (B) subject to paragraph (3), apply to the operation of such a program from State funds an amount equivalent to the portion of State funds derived from State premium assessments (as defined by the Secretary) that are not otherwise used on State health care programs. (2) Relation to current qualified high risk pool program.-- (A) States not operating a qualified high risk pool.--In the case of a State that is not operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act-- (i) the State may only meet the requirement of paragraph (1) through the operation of a qualified State reinsurance program described in subsection (b); and (ii) the State's operation of such a reinsurance program shall be treated, for purposes of section 2745 of the Public Health Service Act, as the operation of a qualified high risk pool described in such section. (B) State operating a qualified high risk pool.--In the case of a State that is operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act-- (i) as of January 1, 2015, such a pool shall not be treated as a qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in subsection (c)(1); and (ii) the State may use premium assessment funds described in paragraph (1)(B) to transition from operation of such a pool to operation of a qualified State reinsurance program described in subsection (b). (3) Application of funds.--If the program or pool operated under paragraph (1)(A) is in strong fiscal health, as determined in accordance with standards established by the National Association of Insurance Commissioners and as approved by the State Insurance Commissioner involved, the requirement of paragraph (1)(B) shall be deemed to be met. (b) Qualified State Reinsurance Program.-- (1) In general.--For purposes of this section, a ``qualified State reinsurance program'' means a program operated by a State program that provides reinsurance for health insurance coverage offered in the small group market in accordance with the model for such a program established (as of the date of the enactment of this Act). (2) Form of program.--A qualified State reinsurance program may provide reinsurance-- (A) on a prospective or retrospective basis; and (B) on a basis that protects health insurance issuers against the annual aggregate spending of their enrollees as well as purchase protection against individual catastrophic costs. (3) Satisfaction of hipaa requirement.--A qualified State reinsurance program shall be deemed, for purposes of section 2745 of the Public Health Service Act, to be a qualified high risk pool under such section. (c) Qualifying State High Risk Pool.-- (1) In general.--A qualifying State high risk pool described in this subsection means a current section 2745 qualified high risk pool that meets the following requirements: (A) The pool must provide at least two coverage options, one of which must be a high deductible health plan coupled with a health savings account. (B) The pool must be funded with a stable funding source. (C) The pool must eliminate any waiting lists so that all eligible residents who are seeking coverage through the pool should be allowed to receive coverage through the pool. (D) The pool must allow for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (E) The pool must limit the pool premiums to no more than 150 percent of the average premium for applicable standard risk rates in that State. (F) The pool must conduct education and outreach initiatives so that residents and brokers understand that the pool is available to eligible residents. (G) The pool must provide coverage for preventive services and disease management for chronic diseases. (2) Verification of citizenship or alien qualification.-- (A) In general.--Notwithstanding any other provision of law, only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool that receives funds under section 2745 of the Public Health Service Act or this section. (B) Condition of participation.--As a condition of a State receiving such funds, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualifying State high risk pool to provide satisfactory documentation of citizenship or nationality in a manner consistent with section 1903(x) of the Social Security Act. (C) Records.--The Secretary shall keep sufficient records such that a determination of citizenship or nationality only has to be made once for any individual under this paragraph. (3) Relation to section 2745.--As of January 1, 2015, a pool shall not qualify as qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in paragraph (1). (d) Waivers.--In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualified State reinsurance programs and for qualifying State high risk pools as the Secretary deems appropriate. (e) Funding.--In addition to any other amounts appropriated, there is appropriated to carry out section 2745 of the Public Health Service Act (including through a program or pool described in subsection (a)(1))-- (1) $15,000,000,000 for the period of fiscal years 2015 through 2024; and (2) an additional $10,000,000,000 for the period of fiscal years 2020 through 2024. (f) Definitions.--In this section: (1) Health insurance coverage; health insurance issuer.-- The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms in section 2791 of the Public Health Service Act. (2) Current section 2745 qualified high risk pool.--The term ``current section 2745 qualified high risk pool'' has the meaning given the term ``qualified high risk pool'' under section 2745(g) of the Public Health Service Act as in effect as of the date of the enactment of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Standard risk rate.--The term ``standard risk rate'' means a rate that-- (A) is determined under the State high risk pool by considering the premium rates charged by other health insurance issuers offering health insurance coverage to individuals in the insurance market served; (B) is established using reasonable actuarial techniques; and (C) reflects anticipated claims experience and expenses for the coverage involved. (5) State.--The term ``State'' means any of the 50 States or the District of Columbia.

Covering People With Pre-Existing Conditions Act of 2014 - Requires each state to mitigate the health costs of high risk individuals in the state through a state reinsurance program or a state high risk pool.

Covering People With Pre-Existing Conditions Act of 2014

SECTION 1. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Demonstration Project.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1107. Health care coverage through Federal Employees Health Benefits program: demonstration project ``(a) FEHBP Option Demonstration.--(1) Subject to paragraph (2), the Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered beneficiaries described in subsection (b) and residing within the area covered by the demonstration project will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(2) The authority to enter into the agreement described in paragraph (1) and to conduct the demonstration project provided for by the agreement shall be subject to the availability of appropriations to carry out the demonstration project. ``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary referred to in subsection (a) is a member or former member of the uniformed services described in section 1074(b) of this title, or a dependent of the member described in section 1076(b) of this title, who is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) A covered beneficiary described in paragraph (1) shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in health benefits plans offered through the Federal Employee Health Benefits program under the demonstration project. However, if the covered beneficiary is enrolled in the supplemental medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) before the covered beneficiary enrolls in a health benefits plan offered pursuant to subsection (a), the covered beneficiary shall be required to remain enrolled in such supplemental medical insurance program during the term of the demonstration project. ``(c) Area of Demonstration Project.--The Secretary of Defense shall carry out the demonstration project in two geographic areas as follows: ``(1) One area shall include the catchment area of one or more military medical treatment facilities, within which not more than 25,000 eligible covered beneficiaries reside. ``(2) The other area shall not include the catchment area of any military medical treatment facility and not more than 25,000 eligible covered beneficiaries may reside in the area. ``(d) Time for Demonstration Project.--The Secretary of Defense shall conduct the demonstration project during at least two, but not more than three, contract years under the Federal Employees Health Benefits program. ``(e) Management of Participation.--The authority responsible for approving retired or retainer pay or equivalent pay in the case of a member or former member shall manage the participation of the member or former member, or dependents of the member or former member, who enroll in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a). Such authority shall distribute program information to eligible covered beneficiaries, process enrollment applications, forward all required contributions to the Employees Health Benefits Fund established under section 8909 of title 5 in a timely manner, assist in the reconciliation of enrollment records with health plans, and prepare such reports as the Office of Personnel Management may require in its administration of chapter 89 of title 5. ``(f) Separate Risk Pools; Charges.--(1) The Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 that participate in the demonstration project to maintain a separate risk pool for purposes of establishing premium rates for covered beneficiaries who enroll in such a plan in accordance with this section. ``(2) The Office shall determine total subscription charges for self only or for family coverage for covered beneficiaries who enroll in a health benefits plan under chapter 89 of title 5 in accordance with this section, which shall include premium charges paid to the plan and amounts described in section 8906(c) of title 5 for administrative expenses and contingency reserves. ``(g) Government Contributions.--The Secretary of Defense shall be responsible for the Government contribution for an eligible covered beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section, except that the amount of the contribution may not exceed the amount of the Government contribution which would be payable if the electing individual were an employee enrolled in the same health benefits plan and level of benefits. ``(h) Effect of Cancellation.--The cancellation by a covered beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable during the term of the demonstration project. ``(i) Reporting Requirements.--Not later than May 31 of each year in which the demonstration project is conducted, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to covered beneficiaries under this section during the preceding calendar year. The report shall address or contain the following: ``(1) The number of covered beneficiaries enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all covered beneficiaries receiving health care through the health care system of the uniformed services. ``(2) Any changes in enrollment patterns and numbers compared to previous open seasons under the demonstration project. ``(3) The out-of-pocket cost to enrollees under such health benefits plans and a comparison of those costs to the costs incurred by other enrollees under the Federal Employee Health Benefits program. ``(4) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans. ``(5) A comparison of the costs determined under paragraphs (3) and (4) and the costs that would have otherwise been incurred by the Government and enrollees under alternative health care options available to the administering Secretaries. ``(6) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1107. Health care coverage through Federal Employees Health Benefits program: demonstration project.''. (b) Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom the Secretary of Defense determines is an eligible covered beneficiary under subsection (b) of section 1107 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll, as part of the demonstration project under section 1107 of title 10, in a health benefits plan in accordance with section 8905(d) of this title, the Government contribution shall be determined in accordance with section 1107(g) of title 10.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll, as part of the demonstration project under section 1107 of title 10, in accordance with section 8905(d) of this title shall be paid as provided in section 1107(g) of title 10.''.

Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.

To amend title 10, United States Code, to establish a demonstration project to evaluate the feasibility of using the Federal Employees Health Benefits program to ensure the availability of adequate health care for Medicare-eligible beneficiaries under the military health care system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Health Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks; (2) those risks arise because-- (A) the neurological, immunological, digestive, and other bodily systems of children are still developing; (B) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; (C) the size and weight of children may diminish their protection from standard safety features; and (D) the behavior patterns of children may make children more susceptible to accidents because children are less able to protect themselves; and (3) each Federal agency, to the extent permitted by law and appropriate, and consistent with the mission of each Federal agency, should-- (A) place a high priority on the identification and assessment of environmental health and safety risks that may disproportionately affect children, including where children live, learn, and play; (B) ensure that the policies, programs, activities, and standards of the Federal agency address disproportionate risks to children that result from environmental health or safety risks; and (C) participate in the implementation of, and comply with, this Act. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Environmental health and safety risk.-- (A) In general.--The term ``environmental health and safety risk'' means an environmental risk to the health or safety of a child that is posed by or otherwise attributable to a substance-- (i) that the child is likely to ingest; or (ii) to which the child may otherwise be exposed. (B) Inclusions.--The term ``environmental health and safety risk'' includes an environmental risk that is posed by or otherwise attributable to-- (i) air that is inhaled by, or that otherwise comes into contact with, a child; (ii) water used by a child for drinking or recreation; (iii) soil; and (iv) chemicals and other substances with which a child may come into contact. (4) Federal agency.--The term ``Federal agency'' means-- (A) any department, agency, or other instrumentality of the Federal Government; (B) any independent agency or establishment of the Federal Government (including any Government corporation); and (C) the Government Printing Office. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Task force.--The term ``Task Force'' means the Task Force to Address Environmental Health and Safety Risks to Children established by section 4(a). SEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO CHILDREN. (a) Establishment.--The Administrator, in consultation with the Secretary, shall establish a task force to be known as the ``Task Force to Address Environmental Health and Safety Risks to Children''. (b) Authority.--The Task Force shall report to the President, in consultation with-- (1) the Domestic Policy Council; (2) the National Science and Technology Council; (3) the Council on Environmental Quality; and (4) the Office of Management and Budget. (c) Membership.--The Task Force shall be composed of-- (1) the Administrator of the Environmental Protection Agency, who shall serve as a Co-Chairperson of the Task Force; (2) the Secretary of Health and Human Services, who shall serve as Co-Chairperson of the Task Force; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Attorney General; (6) the Secretary of Energy; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Agriculture; (9) the Secretary of Transportation; (10) the Secretary of Homeland Security; (11) the Director; (12) the Chairperson of the Council on Environmental Quality; (13) the Chairperson of the Consumer Product Safety Commission; (14) the Assistant to the President for Economic Policy; (15) the Assistant to the President for Domestic Policy; (16) the Assistant to the President for, and Director of the Office of, Science and Technology Policy; (17) the Chairperson of the Council of Economic Advisers; and (18) such other officials of Federal agencies as the Administrator and the Secretary may, from time to time, designate. (d) Delegation.--A member of the Task Force may delegate the responsibilities of the member under this Act to 1 or more subordinates. (e) Duties.--The Administrator, in consultation with the Secretary as a co-chair of the Task Force, shall, after providing notice and an opportunity for public participation and comment and, if determined to be appropriate by the Administrator and the Secretary, using a consensus-based approach-- (1) recommend to the President Federal strategies to improve children's environmental health and safety, including-- (A) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to complying with this Act; (B) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in paragraph (2)(A); (C) recommendations for appropriate partnerships among the Federal Government, State, local, and tribal governments, and the private, academic, and nonprofit sectors; (D) proposals to enhance public outreach and communication to assist families in evaluating risks to children (including where children live, learn, and play) and in making informed consumer choices; (E) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing the protection of children's environmental health and safety; (F) a statement regarding the desirability of new legislation to advance the protection of children's environmental health and safety; and (G) other proposals to enhance the health and safety protection of children by Federal and State governments and by communities and families; (2) not later than 180 days after the date of enactment of this Act, develop or direct to be developed-- (A) a review of existing and planned data resources; and (B) a proposed plan, which shall be reviewed by the Administrator and the Secretary, and other Federal agencies as the Administrator and the Secretary consider appropriate, and which shall be made available for public comment for a period of not less than 30 days-- (i) for use in ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that relates to adverse health risks in children resulting from exposure to environmental health and safety risks; and (ii) that-- (I) promotes the sharing of information on academic and private research; and (II) includes recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies; and (3) submit to Congress (including the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives) and the President, make available to the public, and provide to the Office of Science and Technology Policy and the National Science and Technology Council for use in establishing research priorities, a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks, including-- (A) a description provided by Federal agencies and other agencies identified by the Task Force of key data needs relating to environmental health and safety risks that have arisen in the course of carrying out projects and activities of the Federal agencies; and (B) a description of the accomplishments of the Task Force. SEC. 5. ADMINISTRATION. (a) In General.--This Act applies only to the Executive branch. (b) Effect of Act.--This Act does not create or establish any substantive or procedural right, benefit, or trust responsibility, enforceable at law or equity, by a party against the United States (including any agency, officer, or employee of the United States). (c) Judicial Review.--This Act does not create or establish any right to judicial review involving the compliance or noncompliance with this Act by-- (1) the United States (including any agency, officer, or employee of the United States); or (2) any other person.

Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety; (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks; and (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks.

A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Staff Improvement Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Part I of the Health Care Financing Administration's Report to Congress: Appropriateness of Minimum Nurse Staffing Ratios in Nursing Homes was completed in August of 2000 and showed the following: (A) Quality of care may be significantly impaired when staffing thresholds fall below 2.0 nurse aide hours per resident day, 1.0 registered nurse and licensed practical nurse hours per resident day and 0.45 registered nurse hours per resident day. (B) Below this threshold, residents are more likely to suffer life threatening illnesses secondary to pressure sores, weight loss and preventable infections, and rates of avoidable hospitalization increase significantly. (C) Fifty-four percent of nursing home facilities do not provide 2.0 nurse aide hours per resident day and approximately \1/2\ of nursing home facilities would require greater than a 10 percent change in staffing to meet this minimal standard. (D) The 2.0 nurse aide hours per resident day is a threshold below which residents lives are at risk, not a standard for the provision of appropriate care. (2)(A) A minimum of 2.9 nurse aide hours per resident day are necessary to deliver 5 necessary daily care services. (B) Over 92 percent of nursing home facilities fall below the 2.9 nurse aide hours per resident day standard and would require a 50 percent increase in staffing to meet this standard. (C) The 2.9 nurse aide hours per resident day standard is based on a conservative assumption and understates the real staffing levels necessary for a nurse aide to complete all tasks that constitute adequate care. (3)(A) Facilities that serve residents with more complex medical conditions will require higher staffing levels. (B) Minimum staffing levels that take into account case mix have not yet been established. (C) Part II of the Health Care Financing Administration report, which has not yet been completed, will report to Congress on minimum staffing levels according to the facility's resident acuity level. SEC. 3. COMPLETION OF REPORT TO CONGRESS ON ADEQUATE NURSING FACILITY STAFFING REQUIREMENTS. (a) In General.--Section 4801(e)(17)(B) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1396r note) is amended-- (1) by striking ``January 1, 1999'' and inserting ``July 1, 2001''; (2) by inserting ``and optimal minimum'' after ``minimum'' each place it appears; (3) by striking the period and inserting a semicolon; (4) by striking ``such study recommendations'' and inserting ``such study-- ``(i) recommendations''; and (5) by adding at the end the following: ``(ii) an examination of the cost and benefits associated with establishing staffing minimum and optimal minimum ratios; ``(iii) a description of the data used in Phase II of the study to expand the multivariate analysis from 3 States to a more representative national sample; ``(iv) an analysis of proposed refined case mix classification methods considered in Phase II of the study; ``(v) a description of the case studies used to validate the Phase I findings of the study; and ``(vi) an examination of other issues that impact the recruitment and retention of certified nursing assistants.''. (b) Effective Date.--The amendments made by subsection (a) take effect as if included in the enactment of section 4801 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388- 211). SEC. 4. ESTABLISHMENT OF APPROPRIATE MINIMUM STAFFING REQUIREMENTS. (a) Notice of Proposed Rulemaking.--Not later than 6 months after the date that the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') submits the report to Congress required under section 4801(e)(17)(B) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1396r note) regarding the study of establishing appropriate minimum caregiver to resident levels and appropriate minimum supervisor to caregiver levels for skilled nursing facilities participating as providers of services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and nursing facilities receiving payments under the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) that includes recommendations regarding appropriate minimums for such levels, the Secretary shall issue a notice of proposed rule-making with respect to the promulgation of a final regulation requiring compliance with appropriate minimum caregiver to resident levels and appropriate minimum supervisor to caregiver levels as a condition for such facilities to receive payments under such programs. (b) Final Regulation.--Not later than 6 months after the issuance of the notice required under subsection (a), the Secretary shall issue the final regulation (to be effective upon publication) that was the subject of such notice. (c) Definition of Appropriate.--In this section, the term ``appropriate'' means the staffing threshold level required to attain a good or optimal quality outcome with respect to a resident of a skilled nursing facility participating as a provider of services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or of a nursing facility receiving payments under the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), as opposed to avoiding a bad outcome with respect to such a resident. SEC. 5. GRANTS TO IMPROVE STAFFING LEVELS AND THE QUALITY OF CARE IN NURSING FACILITIES. (a) Authority To Award Grants.--The Secretary of Health and Human Services shall award grants to States on a competitive basis for the purpose of improving staffing levels in nursing facilities in order to improve the quality of care to residents of such facilities. (b) Applications.--Each State that wishes to receive a grant under this section shall submit an application at such time, in such form, and complete with such information as the Secretary may require, except that any such application shall include at least a certification that the application was developed through an open, public process. (c) Requirements for Use of Funds.-- (1) Permissible uses.-- (A) In general.--A State awarded a grant under this section shall use funds provided under the grant to provide financial support or technical assistance for projects operated by nursing facilities, labor organizations, nonprofit organizations, community colleges, or other organizations, or through joint efforts of such entities and organizations, that are designed to do any or all of the following: (i) Enhance staff recruitment and retention efforts. (ii) Establish centers of expertise and training. (iii) Establish career ladders for certified nurse assistants, including additional or advanced training opportunities. (iv) Provide additional training for nursing facility direct care staff. (v) Improve workplace safety. (vi) Improve nursing facility management. (vii) Conduct other staffing initiatives to improve patient outcomes, as approved by the Secretary. (B) Applicability of nursing home reform provisions.--Funds made available under a grant awarded to a State under this section may only be used to provide financial support or technical assistance for any project described in subparagraph (A) to the extent that the activities conducted under the project are consistent with the requirements of sections 1818 and 1919 of the Social Security Act (42 U.S.C. 1395i-3, 1396r). (C) Prohibition.--No funds made available under a grant awarded to a State under this section may be used to provide financial support or technical assistance for any project described in subparagraph (A) that is conducted at, or for the benefit of, a nursing facility that is owned or operated by a State, county, or local government. (2) No supplantation of funds.--Funds made available under a grant awarded to a State under this section may only be used to supplement, not supplant, other funds that the State expends to carry out activities described in paragraph (1)(A). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for purposes of carrying out this section $500,000,000 for each of fiscal years 2001 and 2002. Funds appropriated in accordance with this subsection for a fiscal year shall remain available through the end of the succeeding fiscal year. (e) Reports and Secretarial Evaluation.-- (1) State final reports.--Each State that is awarded a grant under this section shall submit a final report to the Secretary on the use of funds awarded under the grant not later than 3 months after the earlier of-- (A) the completion of the project or projects provided financial support or technical assistance with funds received under the grant; or (B) the conclusion of the 2-year period that begins on the date that the State receives such grant funds. (2) Secretarial evaluation and report.--Not later than 6 months after the final State report is submitted to the Secretary under paragraph (1), the Secretary shall submit to Congress a report evaluating the extent to which the grant program established under this section assists States in improving staffing levels in nursing facilities. (f) Definitions.--In this section: (1) Nursing facility.--The term ``nursing facility'' means a skilled nursing facility participating in the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or a nursing facility receiving payments under the medicaid program established under title XIX of such Act (42 U.S.C. 1396 et seq.). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. PROVIDING ACCURATE INFORMATION ON STAFFING. (a) Medicare.-- (1) Data on staffing levels.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(8) Submission of data on staffing levels.-- ``(A) In general.--A skilled nursing facility shall submit to the Secretary, at such time as the Secretary shall specify and on a standard reporting format developed by the Secretary, data with respect to nursing staff that-- ``(i) includes the total number of nursing staff hours and coverage levels per shift furnished by the facility to residents for which payment is made under section 1888(e), broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours; and ``(ii) is attested to in writing by the facility as accurate. ``(B) Publication of data.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information described in subparagraph (A). The Secretary shall update such information periodically.''. (2) Information concerning patient classification.--Section 1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4)) is amended by adding at the end the following new subparagraph: ``(D) Information concerning residents.--The skilled nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the skilled nursing facility that accords with the resident classification system described in section 1888(e)(4)(G)(i), or such successor system as the Secretary may identify.''. (b) Medicaid.-- (1) Data on staffing levels.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)) is amended by adding at the end the following new paragraph: ``(8) Submission of data on staffing levels.-- ``(A) In general.--A nursing facility shall submit to the Secretary, at such time as the Secretary shall specify and on a standard reporting format developed by the Secretary, data with respect to nursing staff that-- ``(i) includes the total number of nursing staff hours and coverage levels per shift furnished by the facility to residents for which payment is made under the State plan, broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours; and ``(ii) is attested to in writing by the facility as accurate. ``(B) Publication of data.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information described in subparagraph (A). The Secretary shall update such information periodically.''. (2) Information concerning patient classification.--Section 1919(b)(4) of the Social Security Act (42 U.S.C. 1395r(b)(4)) is amended by adding at the end the following new subparagraph: ``(D) Information concerning residents.--The nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the nursing facility that accords with the resident classification system described in section 1888(e)(4)(G)(i), or such successor system as the Secretary may identify.''. SEC. 7. INFORMATION ON NURSING FACILITY STAFFING. (a) Medicare Amendments.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)), as amended by section 6(a), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.--A skilled nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care and the number of residents per unit and per shift. The information shall be displayed in a uniform manner and in a clearly visible place.''. (b) Medicaid Amendments.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)), as amended by section 6(b), is amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.--A nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care and the number of residents per unit and per shift. The information shall be displayed in a uniform manner and in a clearly visible place.''. (c) Effective Date.--The amendments made by this section take effect on the first day of the first month that begins at least 6 months after the date of the enactment of this Act.

Directs the Secretary to award competitive grants to States for improving staffing levels in nursing facilities. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing and nursing facilities to report to the Secretary on nurse staffing levels and information regarding patient classification.

Nursing Home Staff Improvement Act of 2000

SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM. (a) Definitions.--Section 8331 of title 5, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (25); (2) by striking out the period at the end of paragraph (26) and inserting in lieu thereof a semicolon and ``and''; and (3) by adding at the end thereof the following new paragraph: ``(27) `fish and wildlife officer' means a law enforcement officer of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.''. (b) Deductions, Contributions, and Deposits.--Section 8334 of title 5, United States Code, is amended-- (1) in subsection (a)(1), by striking out ``a law enforcement officer,'' and inserting in lieu thereof ``a law enforcement officer, a fish and wildlife officer''; and (2) in the table in subsection (c), by striking out ``and firefighter for firefighter service.'' and inserting in lieu thereof ``, firefighter for firefighter service, and a fish and wildlife officer for fish and wildlife service.''. (c) Immediate Retirement.--Section 8336(c)(1) of such title is amended by striking out ``law enforcement officer or firefighter,'' and inserting ``law enforcement officer, a firefighter, or a''. SEC. 2. FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) Definitions.--Section 8401 of title 5, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (31); (2) by striking out the period at the end of paragraph (32) and inserting in lieu thereof a semicolon and ``and''; and (3) by adding at the end thereof the following new paragraph: ``(33) `fish and wildlife officer' means a law enforcement officer of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.''. (b) Immediate Retirement.--Section 8412(a) of title 5, United States Code, is amended-- (1) in paragraph (1) by striking out ``or firefighter,'' and inserting in lieu thereof ``firefighter, or fish and wildlife officer,''; and (2) in paragraph (2) by striking out ``or firefighter,'' and inserting in lieu thereof ``firefighter, or fish and wildlife officer''. (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5, United States Code, is amended in the sentence following subparagraph (B) by inserting ``fish and wildlife officer,'' after ``firefighter,''. (d) Deductions.--Section 8422(a)(2) of title 5, United States Code, is amended-- (1) in subparagraph (A) by inserting ``fish and wildlife officer,'' after ``air traffic controller,''; and (2) in subparagraph (B) by inserting ``fish and wildlife officer,'' after ``air traffic controller,''. (e) Government Contributions.--Section 8423(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(B)(i) by inserting ``fish and wildlife officer,'' after ``law enforcement officer,''; and (2) in paragraph (3)(A) by inserting ``fish and wildlife officer,'' after ``law enforcement officer,''. (f) Mandatory Separation.--Section 8425(b) of title 5, United States Code, is amended in the second sentence by inserting ``or fish and wildlife officer'' after ``law enforcement officer''. SEC. 3. ADMINISTRATIVE PROVISIONS. (a) Employee Contributions.--Any individual who has served as a fish and wildlife officer before the effective date of this Act, shall have such service credited and annuities determined in accordance with the amendments made by sections 1 and 2 of this Act, if such individual makes payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual (including interest thereon) under chapters 83 and 84 of title 5, United States Code, as if such amendments had been in effect during the periods of such service. (b) Agency Contributions.--No later than 90 days after a payment made by an individual under subsection (a), the Department of the Interior shall make a payment into the Civil Service Retirement and Disability Fund of an amount, determined by the Office of Personnel Management, which would have been contributed as a Government contribution (including interest thereon) under chapters 83 and 84 of title 5, United States Code, for the service credited and annuities determined for such individual, as if the amendments made by sections 1 and 2 of this Act had been in effect during the applicable periods of service. (c) Regulations.--The Office of Personnel Management shall determine the amount of interest to be paid under this section and may promulgate regulations to carry out the provisions of this Act. SEC. 4. EFFECTIVE DATE. The provisions of this Act and amendments made by this Act shall take effect on the date occurring 90 days after the date of enactment of this Act.

Amends Federal law to extend certain retirement-related provisions of the Civil Service and Federal Employees' Retirement Systems for Federal law enforcement officers to law enforcement officers of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.

A bill to amend chapters 83 and 84 of title 5, United States Code, to extend the civil service retirement provisions of such chapter which are applicable to law enforcement officers.

SECTION 1. VISA OVERSTAYS CRIMINALIZED. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 274D the following: ``SEC. 274E. VISA OVERSTAYS. ``(a) In General.--Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall-- ``(1) for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and ``(2) for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. ``(b) Exception.--If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (a), the alien shall not be subject to the penalties under subsection (a). ``(c) Limitation on Reentry.-- ``(1) First offenders.--Subject to section 222(g)(2), any alien convicted of a violation of subsection (a)(1)-- ``(A) may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and ``(B) may not be granted a visa for a period of 10 years, beginning on the date of the conviction. ``(2) Subsequent offenses.--Notwithstanding section 222(g)(2), any alien convicted of a violation of subsection (a)(2)-- ``(A) may not be admitted to the United States; and ``(B) may not be granted a visa. ``(d) Disclosure of Penalties.--In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following: ``274E. Visa overstays.''. SEC. 2. EFFECT OF VISA REVOCATION. (a) In General.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by inserting before the final sentence the following: ``A revocation under this subsection shall automatically cancel any other valid visa that is in the alien's possession.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to revocations under section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) occurring on or after such date. SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL. Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended-- (1) by striking ``In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings'' and inserting ``In any removal proceedings before an immigration judge, or any other immigration proceedings before the Attorney General, the Secretary of Homeland Security, or any appeal of such a proceeding''; (2) by striking ``(at no expense to the Government)''; and (3) by adding at the end the following ``Notwithstanding any other provision of law, in no instance shall the Government bear any expense for counsel for any person in proceedings described in this section.''. SEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS. Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting a semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) the Secretary of State on a case-by-case basis may provide to a foreign government copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, if the Secretary determines that it is in the national interests of the United States; and''. SEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT OFFICIALS. Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following: ``(i) In the case of an alien described in one of clauses (i) through (iv) of subsection (h)(2)(E) who has applied for a visa, the Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of State with access to the criminal history record information contained in files maintained by the National Crime Information Center for the purpose of determining whether the visa should be issued.''.

This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense; and (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.

To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Mental Health and Addiction Safety Net Equity Act of 2010''. SEC. 2. FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTERS. Section 1913 of the Public Health Service Act (42 U.S.C. 300x-3) is amended-- (1) in subsection (a)(2)(A), by striking ``community mental health services'' and inserting ``behavioral health services (of the type offered by federally qualified behavioral health centers consistent with subsection (c)(3))''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) services under the plan will be provided only through appropriate, qualified community programs (which may include federally qualified behavioral health centers, child mental health programs, psychosocial rehabilitation programs, mental health peer-support programs, and mental health primary consumer-directed programs); and''; and (B) in paragraph (2), by striking ``community mental health centers'' and inserting ``federally qualified behavioral health centers''; and (3) by striking subsection (c) and inserting the following: ``(c) Criteria for Federally Qualified Behavioral Health Centers.-- ``(1) In general.--The Administrator shall certify, and recertify at least every 5 years, federally qualified behavioral health centers as meeting the criteria specified in this subsection. ``(2) Regulations.--Not later than 18 months after the date of the enactment of the Community Mental Health and Addiction Safety Net Equity Act of 2010, the Administrator shall issue final regulations for certifying non-profit or local government centers as centers under paragraph (1). ``(3) Criteria.--The criteria referred to in subsection (b)(2) are that the center performs each of the following: ``(A) Provide services in locations that ensure services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care. ``(B) Provide services in a mode of service delivery appropriate for the target population. ``(C) Provide individuals with a choice of service options where there is more than one efficacious treatment. ``(D) Employ a core staff of clinical staff that is multidisciplinary and culturally and linguistically competent. ``(E) Provide services, within the limits of the capacities of the center, to any individual residing or employed in the service area of the center, regardless of the ability of the individual to pay. ``(F) Provide, directly or through contract, to the extent covered for adults in the State Medicaid plan under title XIX of the Social Security Act and for children in accordance with section 1905(r) of such Act regarding early and periodic screening, diagnosis, and treatment, each of the following services: ``(i) Screening, assessment, and diagnosis, including risk assessment. ``(ii) Person-centered treatment planning or similar processes, including risk assessment and crisis planning. ``(iii) Outpatient clinic mental health services, including screening, assessment, diagnosis, psychotherapy, substance abuse counseling, medication management, and integrated treatment for mental illness and substance abuse which shall be evidence-based (including cognitive behavioral therapy and other such therapies which are evidence-based). ``(iv) Outpatient clinic primary care services, including screening and monitoring of key health indicators and health risk (including screening for diabetes, hypertension, and cardiovascular disease and monitoring of weight, height, body mass index (BMI), blood pressure, blood glucose or HbA1C, and lipid profile). ``(v) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. ``(vi) Targeted case management (services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security and other benefits to which they may be entitled). ``(vii) Psychiatric rehabilitation services including skills training, assertive community treatment, family psychoeducation, disability self-management, supported employment, supported housing services, therapeutic foster care services, and such other evidence-based practices as the Secretary may require. ``(viii) Peer support and counselor services and family supports. ``(G) Maintain linkages, and where possible enter into formal contracts with the following: ``(i) Inpatient psychiatric facilities and substance abuse detoxification and residential programs. ``(ii) Adult and youth peer support and counselor services. ``(iii) Family support services for families of children with serious mental disorders. ``(iv) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, housing agencies and programs, employers, and other social services. ``(v) Onsite or offsite access to primary care services. ``(vi) Enabling services, including outreach, transportation, and translation. ``(vii) Health and wellness services, including services for tobacco cessation.''. SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTER SERVICES. (a) Payment for Services Provided by Federally Qualified Behavioral Health Centers.--Section 1902(bb) of the Social Security Act (42 U.S.C. 1396a(bb)) is amended-- (1) in the heading, by striking ``and Rural Health Clinics'' and inserting ``, Federally Qualified Behavioral Health Centers, and Rural Health Clinics''; (2) in paragraph (1), by inserting ``(and beginning with fiscal year 2011 with respect to services furnished on or after January 1, 2011, and each succeeding fiscal year, for services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center)'' after ``by a rural health clinic''; (3) in paragraph (2)-- (A) by striking the heading and inserting ``Initial fiscal year''; (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished on and after January 1, 2011, during fiscal year 2011)'' after ``January 1, 2001, during fiscal year 2001''; (C) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal years 2009 and 2010)'' after ``1999 and 2000''; and (D) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal year 2011)'' before the period; (4) in paragraph (3)-- (A) in the heading, by striking ``Fiscal year 2002 and succeeding'' and inserting ``Succeeding''; and (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished during fiscal year 2012 or a succeeding fiscal year)'' after ``2002 or a succeeding fiscal year''; (5) in paragraph (4)-- (A) by inserting ``(or as a federally qualified behavioral health center after fiscal year 2010)'' after ``or rural health clinic after fiscal year 2000''; (B) by striking ``furnished by the center or'' and inserting ``furnished by the federally qualified health center, services described in section 1905(a)(2)(D) furnished by the federally qualified behavioral health center, or''; (C) in the second sentence, by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; (6) in paragraph (5), in each of subparagraphs (A) and (B), by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; and (7) in paragraph (6), by striking ``or to a rural health clinic'' and inserting ``, to a federally qualified behavioral health center for services described in section 1905(a)(2)(D), or to a rural health clinic''. (b) Inclusion of Federally Qualified Behavioral Health Center Services in the Term Medical Assistance.--Section 1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by inserting before the semicolon at the end the following: ``, and (D) federally qualified behavioral health center services (as defined in subsection (l)(4))''. (c) Definition of Federally Qualified Behavioral Health Center Services.--Section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)) is amended by adding at the end the following paragraph: ``(4)(A) The term `federally qualified behavioral health center services' means services furnished to an individual at a federally qualified behavioral health center (as defined by subparagraph (B). ``(B) The term `federally qualified behavioral health center' means an entity that is certified under section 1913(c) of the Public Health Service Act as meeting the criteria described in paragraph (3) of such section.''. SEC. 4. MENTAL HEALTH AND ADDICTION SAFETY NET STUDIES. (a) Paperwork Reduction Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall submit to the appropriate committees of Congress a report that evaluates the combined paperwork burden of federally qualified behavioral health centers certified section 1913(c) of the Public Health Service Act, as inserted by section 2. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine licensing, certification, service definitions, claims payment, billing codes, and financial auditing requirements utilized by the Office of Management and Budget, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of the Inspector General, State Medicaid agencies, State departments of health, State departments of education, and State and local juvenile justice and social services agencies to-- (A) establish an estimate of the combined nationwide cost of complying with the requirements described in this paragraph, in terms of both administrative funding and staff time; (B) establish an estimate of the per capita cost to each federally qualified behavioral health center certified under section 1913(c) of the Public Health Service Act to comply with the requirements described in this paragraph, in terms of both administrative funding and staff time; and (C) make administrative and statutory recommendations to Congress, which may include a uniform methodology, to reduce the paperwork burden experienced by such federally qualified behavioral health centers. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $550,000 for each of the fiscal years 2012 and 2013. (b) Wage Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall conduct a nationwide analysis, and submit a report to the appropriate committees of Congress, concerning the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers certified under section 1913(c) of the Public Health Service Act, as inserted by section 2, as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine compensation disparities, if such disparities are determined to exist, by type of personnel, type of provider or private sector employer, and by geographic region. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $550,000 for each of the fiscal years 2012 and 2013.

Community Mental Health and Addiction Safety Net Equity Act of 2010 - Amends the Public Health Service Act to replace community mental health centers with federally qualified behavioral health centers which treat substance abuse in addition to mental illness and other conditions. Amends title XIX (Medicaid) of the Social Security Act to extend Medicaid coverage to federally qualified behavioral health center services. Directs the Institute of Medicine to: (1) evaluate for Congress the combined paperwork burden of federally qualified behavioral health centers; and (2) analyze and report to Congress on the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers nationwide as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers.

To establish Federally Qualified Behavioral Health Centers and to require Medicaid coverage for services provided by such Centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Trade Expansion Act of 1994''. TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION SEC. 101. RAISING CEILING ON INSURANCE. Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)) is amended by striking ``$9,000,000,000'' and inserting ``$13,500,000,000''. SEC. 102. RAISING CEILING ON FINANCING. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is amended to read as follows: ``(2) Financing.--(A) The maximum contingent liability outstanding at any one time pursuant to financing issued under subsections (b) and (c) of section 234 shall not exceed in the aggregate $9,500,000,000. ``(B) Subject to spending authority provided in appropriations Acts pursuant to section 504(b) of the Federal Credit Reform Act of 1990, the Corporation is authorized to transfer such sums as are necessary from its noncredit activities to pay for the subsidy cost of the investment guaranties and direct loan programs under subsections (b) and (c) of section 234.''. SEC. 103. EXTENDING ISSUING AUTHORITY. Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1994'' and inserting ``1996''. SEC. 104. ADMINISTRATIVE EXPENSES. Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by striking subsection (g). SEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES. Paragraph (2) of the second undesignated paragraph of section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended by inserting after ``Recovery Act (19 U.S.C. 2702)'' the following: ``, Ireland, and Northern Ireland''. TITLE II--TRADE AND DEVELOPMENT AGENCY SEC. 201. TRADE AND DEVELOPMENT AGENCY. Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)) is amended-- (1) by striking ``There are authorized'' and inserting ``(A) There are authorized''; (2) by striking ``$55,000,000'' and all that follows and inserting ``$77,000,000 for fiscal year 1995 and such sums as are necessary for fiscal year 1996.''; and (3) by adding at the end the following new subparagraph: ``(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.''. TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE ADMINISTRATION SEC. 301. EXPORT PROMOTION AUTHORIZATION. Section 202 of the Export Administration Amendments Act of 1985 (15 U.S.C. 4052) is amended to read as follows: ``SEC. 202. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Commerce to carry out export promotion programs such sums as are necessary for fiscal years 1995 and 1996.''. TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS SEC. 401. SHORT TITLE. This title may be cited as the ``Environmental Export Promotion Act of 1994''. SEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS. (a) Environmental Technologies Trade Advisory Committee.--Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c) Environmental Technologies Trade Advisory Committee.-- ``(1) Establishment and purpose.--The Secretary, in carrying out the duties of the chairperson of the TPCC, shall establish the Environmental Technologies Trade Advisory Committee (hereafter in this section referred to as the `Committee'). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the development and administration of programs to expand United States exports of environmental technologies, goods, and services and products that comply with United States environmental, safety, and related requirements. ``(2) Membership.--The members of the Committee shall be drawn from representatives of-- ``(A) environmental businesses, including small businesses; ``(B) trade associations in the environmental sector; ``(C) private sector organizations involved in the promotion of environmental exports, including products that comply with United States environmental, safety, and related requirements; ``(D) States (as defined in section 2301(i)(5)) and associations representing the States; and ``(E) other appropriate interested members of the public, including labor representatives. The Secretary shall appoint as members of the Committee at least 1 individual under each of subparagraphs (A) through (E). ``(d) Export Plans for Priority Countries.-- ``(1) Priority country identification.--The Working Group, in consultation with the Committee, shall annually assess which foreign countries have markets with the greatest potential for the export of United States environmental technologies, goods, and services. Of these countries the Working Group shall select as priority countries 5 with the greatest potential for the application of United States Government export promotion resources related to environmental exports. ``(2) Export plans.--The Working Group, in consultation with the Committee, shall annually create a plan for each priority country selected under paragraph (1), setting forth in detail ways to increase United States environmental exports to such country. Each such plan shall-- ``(A) identify the primary public and private sector opportunities for United States exporters of environmental technologies, goods, and services in the priority country; ``(B) analyze the financing and other requirements for major projects in the priority country which will use environmental technologies, goods, and services, and analyze whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions; and ``(C) list specific actions to be taken by the member agencies of the Working Group to increase United States exports to the priority country.''. (b) Additional Mechanisms To Promote Environmental Exports.-- Section 2313 of the Export Enhancement Act of 1988 is further amended by adding at the end the following: ``(f) Environmental Technologies Specialists in the United States and Foreign Commercial Service.-- ``(1) Assignment of environmental technologies specialists.-- The Secretary shall assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the 5 priority countries selected under subsection (d)(1), and the Secretary is authorized to assign such a specialist to the office of the United States and Foreign Commercial Service in any country that is a promising market for United States exports of environmental technologies, goods, and services. Such specialist may be an employee of the Department, an employee of any relevant United States Government department or agency assigned on a temporary or limited term basis to the Commerce Department, or a representative of the private sector assigned to the Department of Commerce. ``(2) Duties of environmental technologies specialists.--Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, including, but not limited to-- ``(A) identifying factors in the country to which the specialist is assigned that affect the United States share of the domestic market for environmental technologies, goods, and services, including market barriers, standards-setting activities, and financing issues; ``(B) providing assessments of assistance by foreign governments that is provided to producers of environmental technologies, goods, and services in such countries in order to enhance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether comparable United States assistance exists; ``(C) training Foreign Commercial Service Officers in the country to which the specialist is assigned, other countries in the region, and United States and Foreign Commercial Service offices in the United States, in environmental technologies and the international environmental market; ``(D) providing assistance in identifying potential customers and market opportunities in the country to which the specialist is assigned; ``(E) providing assistance in obtaining necessary business services in the country to which the specialist is assigned; ``(F) providing information on environmental standards and regulations in the country to which the specialist is assigned; ``(G) providing information on all United States Government programs that could assist the promotion, financing, and sale of United States environmental technologies, goods, and services in the country to which the specialist is assigned; and ``(H) promoting the equal treatment of United States environmental, safety, and related requirements, with those of other exporting countries, in order to promote exports of United States-made products. ``(g) Environmental Training in One-Stop Shops.--In addition to the training provided under subsection (f)(2)(C), the Secretary shall establish a mechanism to train-- ``(1) Commercial Service Officers assigned to the one-stop shops provided for in section 2301(b)(8), and ``(2) Commercial Service Officers assigned to district offices in districts having large numbers of environmental businesses, in environmental technologies and in the international environmental marketplace, and ensure that such officers receive appropriate training under such mechanism. Such training may be provided by officers or employees of the Department of Commerce, and other United States Government departments and agencies, with appropriate expertise in environmental technologies and the international environmental workplace, and by appropriate representatives of the private sector. ``(h) International Regional Environmental Initiatives.-- ``(1) Establishment of initiatives.--The TPCC may establish one or more international regional environmental initiatives the purpose of which shall be to coordinate the activities of Federal departments and agencies in order to build environmental partnerships between the United States and the geographic region outside the United States for which such initiative is established. Such partnerships shall enhance environmental protection and promote sustainable development by using in the region technical expertise and financial resources of United States departments and agencies that provide foreign assistance and by expanding United States exports of environmental technologies, goods, and services to that region. ``(2) Activities.--In carrying out each international regional environmental initiative, the TPCC shall-- ``(A) support, through the provision of foreign assistance, the development of sound environmental policies and practices in countries in the geographic region for which the initiative is established, including the development of environmentally sound regulatory regimes and enforcement mechanisms; ``(B) identify and disseminate to United States environmental businesses information regarding specific environmental business opportunities in that geographic region; ``(C) coordinate existing Federal efforts to promote environmental exports to that geographic region, and ensure that such efforts are fully coordinated with environmental export promotion efforts undertaken by the States and the private sector; ``(D) increase assistance provided by the Federal Government to promote exports from the United States of environmental technologies, goods, and services to that geographic region, such as trade missions, reverse trade missions, trade fairs, and programs in the United States to train foreign nationals in United States environmental technologies; and ``(E) increase high-level advocacy by United States Government officials (including the United States ambassadors to the countries in that geographic region) for United States environmental businesses seeking market opportunities in that geographic region. ``(i) Environmental Technologies Project Advocacy Calendar and Information Dissemination Program.--The Working Group shall-- ``(1) maintain a calendar, updated at the end of each calendar quarter, of significant opportunities for United States environmental businesses in foreign markets and trade promotion events, which shall-- ``(A) be made available to the public; ``(B) identify the 50 to 100 environmental infrastructure and procurement projects in foreign markets that have the greatest potential in the calendar quarter for United States exports of environmental technologies, goods, and services; and ``(C) include trade promotion events, such as trade missions and trade fairs, in the environmental sector; and ``(2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for environmental businesses in foreign markets and information on Federal export promotion programs. ``(j) Environmental Technology Export Alliances.--Subject to the availability of appropriations for such purpose, the Secretary is authorized to use the Market Development Cooperator Program to support the creation on a regional basis of alliances of private sector entities, nonprofit organizations, and universities, that support the export of environmental technologies, goods, and services and promote the export of products complying with United States environmental, safety, and related requirements. ``(k) Definition.--For purposes of this section, the term `environmental business' means a business that produces environmental technologies, goods, or services.''. TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY SEC. 501. ESTABLISHMENT OF PROGRAM. (a) In General.--In carrying out part I of the Foreign Assistance Act of 1961 and other relevant foreign assistance laws, the President, acting through the Administrator of the United States Agency for International Development, shall establish a program of training and other technical assistance to assist foreign countries in-- (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations. (b) Participation of Other Agencies.--The Administrator of the United States Agency for International Development-- (1) shall utilize the expertise of the Patent and Trademark Office and other agencies of the United States Government in designing and implementing the program of assistance provided for in this section; (2) shall coordinate assistance under this section with efforts of other agencies of the United States Government to increase international protection of intellectual property, including implementation of international agreements containing high levels of protection of intellectual property; and (3) shall consult with the heads of such other agencies in determining which foreign countries will receive assistance under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs Within the International Trade Administration Title IV: Promotion of United States Environmental Exports Title V: International Protection of Intellectual Property Jobs Through Trade Expansion Act of 1994 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to raise the ceiling on the maximum contingent liability allowed for Overseas Private Investment Corporation (OPIC) insurance and outstanding financing. (Sec. 102) Authorizes OPIC to transfer amounts from noncredit activities to pay subsidy costs of program levels for the direct loan and investment guaranties programs. (Sec. 103) Continues OPIC's authority to issue investment insurance and guarantees through FY 1996. (Sec. 105) Makes a restriction on OPIC assistance for countries that exceed a specified per capita income level inapplicable to Ireland and Northern Ireland (thus making such countries eligible for OPIC assistance). Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1995 and 1996. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for Department of Commerce export promotion programs for FY 1995 and 1996. Title IV: Promotion of United States Environmental Exports - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to remove provisions relating to Environmental Export Assistance Officers. (Sec. 402) Directs the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to provide guidance on programs to expand U.S. exports of environmental technologies, goods, and services and products that comply with U.S. environmental, safety, and related requirements. Requires the Environmental Trade Promotion Working Group, a subcommittee of the Trade Promotion Coordination Committee (TPCC), to: (1) select five priority countries with the greatest potential for the application of U.S. Government export promotion resources related to environmental exports; and (2) create a plan annually for each such country that sets forth ways to increase such exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the U.S. and Foreign Commercial Service in each of the priority countries. Authorizes the TPCC to establish international regional initiatives to coordinate the activities of Federal agencies in order to build environmental partnerships between the United States and the geographic regions outside the United States for which such initiatives are established. Provides that such partnerships shall enhance environmental protection and promote sustainable development by using the technical expertise and financial resources of Federal agencies that provide foreign assistance and by expanding U.S. exports of environmental technologies, goods, and services to such regions. Directs the Working Group to maintain a calendar of significant opportunities for U.S. environmental businesses in foreign markets and trade promotion events to be made available to the public. Authorizes the Secretary to use the Market Development Cooperator Program to support regional alliances of private sector entities, nonprofit organizations, and universities that support the export of environmental technologies, goods, and services and promote the export of products complying with U.S. environmental, safety, and related requirements. Title V: International Protection of Intellectual Property - Requires the President, acting through the Administrator of the Agency for International Development, to establish a program of training and technical assistance to assist foreign countries in: (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations.

Jobs Through Trade Expansion Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007''. SEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD PLANS UNDER PART D. (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding at the end the following new paragraph: ``(4) Prompt payment of clean claims.-- ``(A) Prompt payment.--Each contract entered into with a PDP sponsor under this subsection with respect to a prescription drug plan offered by such sponsor shall provide that payment shall be issued, mailed, or otherwise transmitted with respect to all clean claims submitted under this part within the applicable number of calendar days after the date on which the claim is received. ``(B) Definitions.--In this paragraph: ``(I) Clean claim.--The term `clean claim' means a claim, with respect to a covered part D drug, that has no apparent defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this part. ``(ii) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(I) with respect to claims submitted electronically, 14 calendar days; and ``(II) with respect to claims submitted otherwise, 30 calendar days. ``(c) Interest payment.--If payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days (as defined in subparagraph (B)) after a clean claim is received, interest shall be paid at a rate used for purposes of section 3902(a) of title 31, United States Code (relating to interest penalties for failure to make prompt payments), for the period beginning on the day after the required payment date and ending on the date on which payment is made. ``(D) Procedures involving claims.-- ``(I) Claims deemed to be clean claims.-- ``(I) In general.--A claim for a covered part D drug shall be deemed to be a clean claim for purposes of this paragraph if the PDP sponsor involved does not provide a notification of deficiency to the claimant by the 10th day that begins after the date on which the claim is submitted. ``(II) Notification of deficiency.--For purposes of subclause (II), the term `notification of deficiency' means a notification that specifies all defects or improprieties in the claim involved and that lists all additional information or documents necessary for the proper processing and payment of the claim. ``(ii) Payment of clean portions of claims.--A PDP sponsor shall, as appropriate, pay any portion of a claim for a covered part D drug that would be a clean claim but for a defect or impropriety in a separate portion of the claim in accordance with subparagraph (A). ``(iii) Obligation to pay.--A claim for a covered part D drug submitted to a PDP sponsor that is not paid or contested by the provider within the applicable number of calendar days (as defined in subparagraph (B)) shall be deemed to be a clean claim and shall be paid by the PDP sponsor in accordance with subparagraph (A). ``(iv) Date of payment of claim.--Payment of a clean claim under subparagraph (A) is considered to have been made on the date on which full payment is received by the provider. ``(E) Electronic transfer of funds.--A PDP sponsor shall pay all clean claims submitted electronically by an electronic funds transfer mechanism.''. (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42 U.S.C. 1395w-27) is amended by adding at the end the following new paragraph: ``(3) Incorporation of certain prescription drug plan contract requirements.--The provisions of section 1860D- 12(b)(4) shall apply to contracts with a Medicare Advantage organization in the same manner as they apply to contracts with a PDP sponsor offering a prescription drug plan under part D.''. (c) Effective Date.--The amendments made by this section shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. SEC. 3. RESTRICTION ON CO-BRANDING. (a) Application to Prescription Drug Information Disseminated.-- Subsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new paragraph: ``(5) Restriction on displaying pharmacy brand or trademark information.-- ``(A) In general.--It is unlawful for a PDP sponsor of a prescription drug plan to display on any explanatory information described in subparagraph (B), with respect to benefits provided under this part, the brand or trademark of any pharmacy. ``(B) Explanatory information described.--For purposes of subparagraph (A), explanatory information is each of the following: ``(i) Information on evidence of coverage under this part. ``(ii) Information that summarizes benefits provided under this part. ``(iii) Enrollment and disenrollment forms. ``(iv) Enrollment and disenrollment letters. ``(v) Pharmacy directories. ``(vi) Formulary information. ``(vii) Grievance letters provided pursuant to subsection (f), coverage determination letters provided pursuant to subsection (g), and appeals letters provided pursuant to subsection (h). ``(viii) Exceptions process letters. ``(ix) Information contained in sales descriptions or sales presentations.''. (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such section is amended by adding at the end the following new sentence: ``It is unlawful for a PDP sponsor of a prescription drug plan to display on such a card the name, brand, or trademark of any pharmacy.'' (c) Effective Date.-- (1) Explanatory information.--With respect to explanatory information dispensed on or after the date of the enactment of this Act, the amendment made by subsection (a) shall apply to such information on and after the date that is 90 days after such date of enactment. (2) Enrollee cards.--With respect to cards dispensed before, on, or after the date of the enactment of this Act, the amendment made by subsection (b) shall apply to such cards on and after the date that is 90 days after such date of enactment. Any card dispensed before such date that is 90 days after the date of enactment that violates the second sentence of section 1860D-4(b)(2)(A) of the Social Security Act, as added by subsection (b), shall be reissued by such 90-day date.

Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines "prompt payment" as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy.

To amend title XVIII of the Social Security Act to require the sponsor of a prescription drug plan or an organization offering an MA-PD plan to promptly pay claims submitted under part D and to prohibit the inclusion of certain identifying information of pharmacies on explanatory prescription drug information and cards distributed by prescription drug plan sponsors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access for Small Businesses Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) For most of the past 16 years, the number of Americans without health insurance has been on the rise, reaching more than 41,000,000 in 2002. (2) People without health insurance are less likely to get preventive care and often delay or forgo needed care. They are therefore more likely than those with health insurance to be hospitalized for conditions that could have been avoided. (3) Not only are the health and financial circumstances of uninsured Americans adversely affected by the lack of health insurance, their care is ultimately being paid for in the least efficient manner: after they get sick. (4) People who were uninsured during any part of 2001 received $99,000,000,000 in care, of which $34,500,000,000 was not paid for either out of pocket or by a private or public insurance source. Federal, State, and local governments covered 85 percent of such uncompensated care, amounting to $30,000,000,000. (5) Private health insurance enrollees also help pay for uncompensated care through higher premiums. (6) Covering more Americans will not only contribute to better overall health, it will lower the amount of health care costs assumed by taxpayers, businesses, and consumers. (7) Helping small businesses gain access to affordable health care benefits is essential to insuring more Americans. (8) Eighty-two percent of uninsured people are part of working families. (9) More than \1/2\ of small businesses with less than 50 employees do not offer their employees health insurance. (10) Innovative community-based solutions have developed and should serve as a model for insuring more Americans. SEC. 3. THREE-SHARE PROGRAMS. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--PROVIDING FOR THE UNINSURED ``SEC. 2201. THREE-SHARE PROGRAMS. ``(a) Certification.-- ``(1) In general.--The Secretary, acting through the Administrator, shall promulgate regulations for the certification of three-share programs for purposes of section 36 of the Internal Revenue Code. ``(2) Three-share program requirements.-- ``(A) In general.--The Administrator shall require, for purposes of a certification under regulations under paragraph (1) that each three-share program shall-- ``(i) be either a non-profit or local governmental entity; ``(ii) define a region in which such program will provide services; ``(iii) have the capacity to carry out administrative functions of managing health plans, including monthly billings, verification/enrollment of eligible employers and employees, maintenance of membership rosters, development of member materials (such as handbooks and identification cards), customer service, and claims processing; and ``(iv) have community involvement, as determined by the Administrator. ``(B) Payment.--To obtain the certification described in paragraph (1), a three-share program shall pay the costs of services provided under subparagraph (A)(ii) by charging a monthly premium for each covered individual to be divided as follows: ``(i) Not more than thirty percent of such fee shall be paid by a qualified employee desiring coverage under the three-share program. ``(ii) At least seventy percent of such fee shall be paid by the qualified employer of such a qualified employee. ``(3) Coverage.-- ``(A) In general.--To obtain the certification described in paragraph (1) a 3-share program shall provide at least the following benefits: ``(i) Physicians services. ``(ii) In-patient hospital services. ``(iii) Out-patient services. ``(iv) Emergency room visits. ``(v) Emergency ambulance services. ``(vi) Diagnostic lab fees and x-rays. ``(vii) Prescription drug benefits. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to require that a three-share program provide coverage for services performed outside the region described in paragraph (2)(A)(i). ``(C) Preexisting conditions.--A program described in subparagraph (A) shall not be eligible for certification under paragraph (1) if any individual can be excluded from coverage under such program because of a preexisting health condition. ``(b) Startup Grants for Three-Share Programs.-- ``(1) Establishment.--The Administrator may award startup grants to eligible entities to establish three-share programs for certification under subsection (a). ``(2) Three-share program plan.--Each entity desiring a grant under this subsection shall develop a plan for the establishment and operation of a three-share program that meets the requirements of paragraphs (2) and (3) of subsection (a). ``(3) Application.--Each entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner and containing such information as the Administrator may require, including-- ``(A) the three-share program plan described in paragraph (2); and ``(B) an assurance that the eligible entity will-- ``(i) determine a benefit package; ``(ii) recruit businesses and employees for the three-share program; ``(iii) build and manage a network of health providers or contract with an existing network or licensed insurance provider; and ``(iv) manage all administrative needs. ``(4) Number of grants.--An eligible entity may receive only 1 grant under this subsection for each three-share program and may not receive a grant for such program under both this subsection and subsection (c). ``(c) Grants for Existing Three-Share Programs To Meet Certification Requirements.-- ``(1) In general.--The Administrator may award grants to three-share programs that are operating on the date of enactment of this section, to assist such programs in meeting the certification requirements of subsection (a). ``(2) Number of grants.--An eligible entity may receive only 1 grant under this subsection for a three-share program and may not receive a grant for such program under both this subsection and subsection (b). ``(3) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(d) Risk Pool Grants.-- ``(1) In general.--The Administrator may award grants to eligible entities administering certified three-share programs to enhance the risk pools of such programs. ``(2) Number of grants.--An eligible entity administering a three-share program described in paragraph (1) may receive only 1 grant under this subsection for such three-share program. ``(3) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(e) Application of State Laws.--Nothing in this Act shall be construed to preempt State law. ``(f) Distressed Business Formula.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Administrator of the Health Resources and Services Administration shall develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. ``(2) Effect on insurance market.--Granting eligibility to a distressed business using the formula under paragraph (1) shall not interfere with the insurance market. Any business found to have reduced benefits to qualify as a distressed business under the formula under paragraph (1) shall not be eligible for any three-share program certified pursuant to this section. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Covered individual.--The term `covered individual' means-- ``(A) a qualified employee; or ``(B) a child under the age of 23 or a spouse of such qualified employee who-- ``(i) lacks access to health care coverage through their employment or employer; ``(ii) lacks access to health coverage through a family member; ``(iii) is not eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(iv) does not qualify for benefits under the State Children's Health Insurance Program under title XXI. ``(3) Distressed business.--The term `distressed business' means a business that-- ``(A) in light of economic hardship and rising health care premiums may be forced to discontinue or scale back its health care coverage; and ``(B) qualifies as a distressed business according to the formula under subsection (f). ``(4) Eligible entity.--The term `eligible entity' means an entity that meets the requirements of subsection (a)(2)(A). ``(5) Full time.--The term `full time', for purposes of employment, means regularly working at least 35 hours per week. ``(6) Qualified employee.--The term `qualified employee' means any individual employed by a qualified employer who meets certain criteria including-- ``(A) working full time; ``(B) lacking access to health coverage through a family member or common law partner; ``(C) not being eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(D) agreeing that the share of fees described in subsection (a)(2)(B)(i) shall be paid in the form of payroll deductions from the wages of such individual. ``(7) Qualified employer.--The term `qualified employer' means an employer as defined in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) who-- ``(A) is a small business concern as defined in section 3(a) of the Small Business Act (15 U.S.C. 632); ``(B) is located in the region described in subsection (a)(2)(A)(i); and ``(C) has not contributed to the health care benefits of its employees for at least 12 months consecutively or currently provides insurance but is classified as a distressed business. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2004 and such sums as may be necessary for each subsequent fiscal year.''. SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE PROGRAM. (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. EMPLOYER COSTS OF THREE-SHARE PROGRAM. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means any employer which pays or incurs at least 70 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year. ``(c) Three-Share Program.--For purposes of this section, the term `three-share program' means an employee health care coverage program approved for participation by an eligible employer pursuant to title XXII of the Social Security Act. ``(d) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to costs of a three-share program taken into account under subsection (a). ``(e) Advanced Refundability.--The Secretary shall provide for the advanced refundability of the credit allowed under this section to be made in quarterly payments to taxpayers providing such information as the Secretary requires in order to make a proper determination of such payments. ``(f) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (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 chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Employer costs of three-share program. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Health Care Access for Small Business Act of 2003 - Amends the Social Security Act to add a new title XXII (Providing for the Uninsured) to direct the Secretary of Health and Human Services to promulgate regulations for the certification of three-share programs for purposes of offering a refundable tax credit to small businesses who participate in such programs where: (1) not more than 30 percent of the cost of the monthly premium for health coverage (including prescription drug benefits) is paid by the qualified employee who lacks access to health coverage and desires coverage; and (2) at least 70 percent of such cost is paid by the qualified employer of such a qualified employee.Authorizes the Administrator to award startup grants to eligible entities to establish three-share programs for certification.Amends the Internal Revenue Code to provide for a refundable tax credit in the case of an eligible employer in an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year.

A bill to provide for the certification of programs to provide uninsured employees of small business access to health coverage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Relocation Improvement Act of 2008''. SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM RELOCATION PROCESS. (a) Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended to read as follows: ``(1) Eligible federal entities.--Any Federal entity, as defined in subsection (i), that operates a Federal Government station assigned to a band of eligible frequencies, as described in paragraph (2), and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund if the Federal entity is found by the Office of Management and Budget (`OMB') to comply with the requirements of this section and section 118. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) are eligible to receive payment under this paragraph.''. (b) Public Information on Relocation Process.--Section 113(g) of such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Public notice of relocation plans.-- ``(A) Not later than 60 days after the date on which the NTIA, on behalf of eligible Federal entities and after review by OMB, notifies the Commission of estimated relocation costs and timelines for such relocation as required by subsection (g)(4)(A), NTIA shall post on its website detailed transition plans from each of the eligible Federal entities. Each Federal entity's transition plan shall provide the public with the following information about its spectrum relocation requirements: ``(i) Current use of the spectrum. ``(ii) Geographic location of the Federal entities' facilities or systems. ``(iii) Frequency bands used by such facilities or systems, described by geographic location. ``(iv) The steps to be taken by the Federal entity to relocate its current spectrum uses from the eligible frequencies, detailed according to timelines for specific geographic locations in sufficient detail to indicate when use of such frequencies at specific locations will be shared between the Federal entity and the commercial licensee. ``(v) The specific interactions between eligible Federal entities and NTIA needed to implement the transition plan. ``(vi) The professional staff, including managers, who are responsible for the Federal entity's relocation efforts and who are authorized to meet and negotiate with commercial licensees regarding the relocation process. ``(vii) The Federal entity's plans and timeline for using relocation funds received from the Spectrum Relocation Fund. ``(viii) The Federal entity's plans and timeline for procuring new equipment and additional personnel needed for the relocation. ``(ix) The Federal entity's plans and timeline for field-testing and deploying new equipment needed in the relocation. ``(x) The Federal entity's plans and timeline for hiring and relying on contract personnel, if any. ``(xi) Risk factors in the relocation process that could affect the Federal entity's fulfillment of its transition plan. ``(B) To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund-- ``(i) Federal entities shall make the transition plans described in this subsection available to NTIA at least 60 days prior to the date that NTIA must make such plans publicly available on its website pursuant to subparagraph (A), in a common format to be specified by NTIA after public input; and ``(ii) each transition plan shall be evaluated by a standing 3-member technical panel (in this section referred to as the `Technical Panel'), which shall report to NTIA and to the Federal entity, within 30 days after the plan's submission to NTIA, on the sufficiency of the plan under this paragraph, including whether the required public information is included and whether proposed timelines and estimated relocation costs are reasonable. ``(C) The Director of OMB, the Administrator of NTIA, and the Chairman of the FCC shall each appoint one member to the Technical Panel, and each such member shall be a radio engineer or technical expert not employed by, or a paid consultant to, any Federal or State governmental agency. NTIA shall adopt regulations to govern the workings of the Technical Panel after public notice and comment, subject to OMB approval, and the members of the Technical Panel shall be appointed, within 180 days of the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(D) If any of the information otherwise required in subparagraph (g)(6) is `classified information,' as that term is defined in section 798(b) of title 18, United States Code, the Federal entity's transition plan shall explain the exclusion of any such information as specifically as possible, shall make all relevant non-classified information available in its transition plan, and shall discuss as a risk factor the extent of the classified information and the effect on the relocation process of the classified information.''. (c) Sharing and Coordination of Spectrum Between Commercial Licensees and Federal Entities During Relocation Transition.--Section 118 of such Act (47 U.S.C. 928) is amended by adding at the end the following new subsections: ``(f) Eligibility for Payment of Relocation Costs.-- ``(1) Spectrum sharing.--To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) in its transition plan for relocating its current spectrum uses, provide, to the fullest extent possible, for sharing and coordination of eligible frequencies with commercial licensees, including reasonable accommodation by the Federal entity for the use of eligible frequencies by the commercial licensee during the period that the Federal entity is relocating its spectrum uses (in this subsection referred to as the `transition period'); ``(B) during the transition period, make itself available, within 30 days after a written request, for negotiation and discussion with commercial licensees; and ``(C) during the transition period, make available to a commercial licensee with appropriate security clearances any `classified information' as that term is defined in section 798(b) of title 18, United States Code, regarding the relocation process, on a need-to- know basis, to assist the commercial licensee in the relocation process with that Federal entity or other Federal entities. ``(2) Timely and successful completion of relocation.--In addition to the conditions of paragraph (1), to be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) complete the relocation of its current spectrum uses not later than 1 year after the date upon which funds are transferred to the entity to fund the relocation unless, prior to the date that NTIA is required to post publicly the Federal entity's transition plan, the Federal entity receives written approval from OMB, with advice of NTIA, for a different time period for completion; and ``(B) make available to NTIA, not later than 15 days prior to the date that is the halfway point of the time period described in subparagraph (A), a complete update of its transition plan. NTIA shall post such update publicly on its website not later than the date that is the halfway point of the time period described in subparagraph (A). ``(3) Nothing in paragraphs (1) or (2) shall be construed to adversely affect critical communications related to the mission of any Federal entity. ``(4) Subject to subsection (d), payments for relocation costs from the Spectrum Relocation Fund shall be made to an eligible Federal entity not later than 30 days after the grant of the first license following the close of the auction. ``(g) Dispute Resolution Process.-- ``(1) If, during the spectrum relocation process, a dispute arises over the execution, timing, or cost of the Federal entity's transition plan, either the Federal entity or the affected commercial licensee may seek resolution of the dispute from a 3-member dispute resolution board, consisting of a representative of OMB, NTIA, and the Commission, and chaired by the representative of OMB. ``(2) The dispute resolution board shall meet with representatives of the Federal entity and the commercial licensee together to discuss the dispute. The dispute resolution board may require the parties to make written submissions to it. The dispute resolution board shall rule on any dispute within 28 days after the date that the dispute was brought before it. ``(3) The dispute resolution board shall be assisted by the Technical Panel described in section 113(g)(6)(C). ``(4) Subject to OMB approval, NTIA shall adopt regulations to govern the working of the dispute resolution board and the role of the Technical Panel after public notice and comment within 180 days after the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(5) Appeals may be taken from decisions of the dispute resolution board to the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal with that court within 30 days after the date of such decision. Each party shall bear its own costs and expenses, including attorneys' fees, for any litigation to enforce this subsection or any decision rendered under it.''.

Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.

To amend the National Telecommunications and Information Administration Organization Act to improve the process of reallocation of spectrum from Federal government uses to commercial uses.

SECTION 1. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES AND QUALIFIED CONSERVATION CONTRIBUTIONS. (a) Contributions of Capital Gain Real Property Made for Conservation Purposes and of Qualified Conservation Contributions Not Subject to Special Limitation on Contributions of Capital Gain Property.--Subparagraph (C) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to special limitation with respect to contributions described in subparagraph (A) of capital gain property) is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following new clause: ``(iv) In the case of charitable contributions described in subparagraph (A) of capital gain property, clauses (i) and (ii) shall not apply to-- ``(I) any qualified conservation contribution (as defined in section 170(h)), or ``(II) any other contribution of capital gain property which is real property if the contribution is of the donor's entire interest in such property and is to a qualified organization (as defined in section 170(h)(3)) which is organized for conservation purposes (as defined in section 170(h)(4)(A)) and which provides the taxpayer, at the time of such donation, a letter of intent which contains an acknowledgment of the donee's intent that the property is being acquired for any such conservation purpose.''. (b) Unlimited Carryover for Contributions of Capital Gain Real Property for Conservation Purposes and of Qualified Conservation Contributions of Capital Gain Property.--Paragraph (1) of section 170(d) of such Code in amended by adding at the end the following new subparagraph: ``(C) Unlimited carryover for contributions of capital gain real property for conservation purposes and of qualified conservation contributions of capital gain property.--The 5 taxable year limitation in subparagraph (A) shall not apply to any charitable contribution to which clauses (i) and (ii) of subsection (b)(1)(C) do not apply by reason of clause (iv) thereof. For purposes of this paragraph, the excess described in the material preceding clause (i) of subparagraph (A) shall be treated as attributable to contributions described in the preceding sentence of this subparagraph to the extent of such contributions.''. (c) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 2. MODIFICATION OF RULES RELATING TO ESTATE TAX EXCLUSION FOR LAND SUBJECT TO QUALIFIED CONSERVATION EASEMENT. (a) Repeal of Certain Restrictions on Where Land Is Located.-- Clause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) which is located in the United States or any possession of the United States,''. (b) Repeal of Limitation on Exclusion.-- (1) In general.--Paragraph (1) of section 2031(c) of such Code is amended by striking ``the lesser of--'' and all that follows and inserting ``the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land.'' (2) Conforming amendments.-- (A) Subsection (c) of section 2031 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively. (B) Paragraphs (2) and (6) of section 2031(c) of such Code, as redesignated by subparagraph (A), are each amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (C) Paragraphs (1), (6), and (7)(A)(iii) of section 2031(c) of such Code, as redesignated by subparagraph (A), are each amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (c) Date for Determining Value of Land and Easement.--Paragraph (2) of section 2032(c) of such Code (defining applicable percentage) is amended by adding at the end the following new sentence: ``The values taken into account under the preceding sentence shall be such values as of the date of the contribution referred to in paragraph (7)(B).'' (d) Certain Commercial Recreational Uses Permitted.--Subparagraph (B) of section 2031(c)(7) of such Code, as redesignated by subsection (b), is amended to read as follows: ``(B) Qualified conservation easement.-- ``(i) In general.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)), except that clause (iv) of section 170(h)(4)(A) shall not apply, and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity. ``(ii) Special rules.--For purposes of this paragraph-- ``(I) Retained rights.--Rights retained in the conservation easement to lease the land for hunting and fishing, so long as such leases are not inconsistent with the conservation purpose of the easement, shall be deemed to be de minimis use. ``(II) Pre-effective date easements.--Easements otherwise qualifying under the provisions of this subsection that were donated on or before the date of the enactment of this subclause, shall be deemed to allow no more than de minimis use for a commercial recreational activity unless by their terms they expressly provide for commercial recreational activity in excess of that otherwise allowed by this subparagraph. ``(III) Authority to extinguish right of commercial recreation activity.--For purposes of this section, if the executor of an estate and every person in being who has an interest in the land execute an agreement to amend or extinguish any right under the easement of commercial recreation activity in the land so as to ensure that such land is used for no more than de minimis commercial recreational activity, such agreement shall be treated as in effect as of the date of the election described in paragraph (5).'' (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude contributions of any qualified conservation contribution or capital gain real property made for conservation purposes from the application of the special limitation on contributions of capital gain property and from the application of the five-year carryover limitation. Repeals specified property location restrictions on the estate tax exclusion for property subject to a qualified conservation easement.

To amend the Internal Revenue Code of 1986 to encourage contributions by individuals of capital gain real property for conservation purposes, to encourage qualified conservation contributions, and to modify the rules governing the estate tax exclusion for land subject to a qualified conservation easement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Sage Grouse Protection and Recovery Act of 2016''. SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE. (a) Definitions.--In this section: (1) Federal resource management plan.--The term ``Federal resource management plan'' means-- (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or (B) a land and resource management plan prepared by the Forest Service for National Forest System lands pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (2) Greater sage grouse.--The term ``Greater Sage Grouse'' means a sage grouse of the species Centrocercus urophasianus. (3) State management plan.--The term ``State management plan'' means a State-approved plan for the protection and recovery of the Greater Sage Grouse. (b) Purpose.--The purpose of this section is-- (1) to facilitate implementation of State management plans over a period of multiple, consecutive Greater Sage Grouse life cycles; and (2) to demonstrate the efficacy of the State management plans for the protection and recovery of the Greater Sage Grouse. (c) Delay in Making Endangered Species Act of 1973 Finding.-- (1) Delay required.--In the case of any State with a State management plan, the Secretary of the Interior may not make a finding under clause (i), (ii), or (iii) of section 4(b)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with respect to the Greater Sage Grouse in that State before September 30, 2026. (2) Effect on other laws.--The delay imposed by paragraph (1) is, and shall remain, effective without regard to any other statute, regulation, court order, legal settlement, or any other provision of law or in equity. (3) Effect on conservation status.--Until the date specified in paragraph (1), the conservation status of the Greater Sage Grouse shall remain not warranted for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Coordination of Federal Land Management and State Management Plans.-- (1) Prohibition on withdrawals and modifications of federal resource management plans.--In order to foster coordination between a State management plan and Federal resource management plans that affect the Greater Sage Grouse, upon notification by the Governor of a State with a State management plan, the Secretary of the Interior and the Secretary of Agriculture, as applicable, may not exercise authority under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to make, modify, or extend any withdrawal, nor amend or otherwise modify any Federal resource management plan applicable to Federal land in the State, in a manner inconsistent with the State management plan for a period, to be specified by the Governor in the notification, of at least five years beginning on the date of the notification. (2) Retroactive effect.--In the case of any State that provides notification under paragraph (1), if any withdrawal was made, modified, or extended or if any amendment or modification of a Federal resource management plan applicable to Federal lands in the State was issued during the three-year period preceding the date of the notification and the withdrawal, amendment, or modification altered management of the Greater Sage Grouse or its habitat, implementation and operation of the withdrawal, amendment, or modification shall be stayed to the extent that the withdrawal, amendment, or modification is inconsistent with the State management plan. The Federal resource management plan, as in effect immediately before the amendment or modification, shall apply instead with respect to management of the Greater Sage Grouse and its habitat, to the extent consistent with the State management plan. (3) Determination of inconsistency.--Any disagreement regarding whether a withdrawal, or an amendment or other modification of a Federal resource management plan, is inconsistent with a State management plan shall be resolved by the Governor of the affected State. (e) Relation to National Environmental Policy Act of 1969.--With regard to any major Federal action consistent with a State management plan, any findings, analyses, or conclusions regarding the Greater Sage Grouse or its habitat under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have a preclusive effect on the approval or implementation of the major Federal action in that State. (f) Reporting Requirement.--Not later than one year after the date of the enactment of this Act and annually thereafter through 2026, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the Secretaries' implementation and effectiveness of systems to monitor the status of Greater Sage Grouse on Federal lands under their jurisdiction. (g) Judicial Review.--Notwithstanding any other provision of statute or regulation, the requirements and implementation of this section, including determinations made under subsection (d)(3), are not subject to judicial review.

Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.

Greater Sage Grouse Protection and Recovery Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Exxon Valdez Oil Spill Tax Treatment Act''. SEC. 2. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH THE EXXON VALDEZ LITIGATION. (a) Income Averaging of Amounts Received From the Exxon Valdez Litigation.-- (1) In general.--At the election of a qualified taxpayer who receives qualified settlement income during a taxable year, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for such taxable year shall be equal to the sum of-- (A) the tax which would be imposed under such chapter if-- (i) no amount of elected qualified settlement income were included in gross income for such year, and (ii) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) attributable to such elected qualified settlement income, plus (B) the increase in tax under such chapter which would result if taxable income for each of the years in the applicable period were increased by an amount equal to the applicable fraction of the elected qualified settlement income reduced by any expenses (otherwise allowable as a deduction to the taxpayer) attributable to such elected qualified settlement income. Any adjustment under this section for any taxable year shall be taken into account in applying this section for any subsequent taxable year. (2) Coordination with farm income averaging.--If a qualified taxpayer makes an election with respect to any qualified settlement income under paragraph (1) for any taxable year, such taxpayer may not elect to treat such amount as elected farm income under section 1301 of the Internal Revenue Code of 1986. (3) Definitions.--For purposes of this subsection-- (A) Applicable period.--The term ``applicable period'' means the period beginning on January 1, 1994, and ending on December 31 of the year in which the elected qualified settlement income is received. (B) Applicable fraction.--The term ``applicable fraction'' means the fraction the numerator of which is one and the denominator of which is the number of years in the applicable period. (C) Elected qualified settlement income.--The term ``elected qualified settlement income'' means so much of the taxable income for the taxable year which is-- (i) qualified settlement income, and (ii) specified under the election under paragraph (1). (b) Contributions of Amounts Received to Retirement Accounts.-- (1) In general.--Any qualified taxpayer who receives qualified settlement income during the taxable year may, at any time before the end of the taxable year in which such income was received, make one or more contributions to an eligible retirement plan of which such qualified taxpayer is a beneficiary in an aggregate amount not to exceed the amount of qualified settlement income received during such year. (2) Time when contributions deemed made.--For purposes of paragraph (1), a qualified taxpayer shall be deemed to have made a contribution to an eligible retirement plan on the last day of the taxable year in which such income is received if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (3) Treatment of contributions to eligible retirement plans.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to paragraph (1) with respect to qualified settlement income, then-- (A) except as provided in paragraph (4)-- (i) to the extent of such contribution, the qualified settlement income shall not be included in taxable income, and (ii) for purposes of section 72 of such Code, such contribution shall not be considered to be investment in the contract, and (B) the qualified taxpayer shall, to the extent of the amount of the contribution, be treated-- (i) as having received the qualified settlement income-- (I) in the case of a contribution to an individual retirement plan (as defined under section 7701(a)(37) of such Code), in a distribution described in section 408(d)(3) of such Code, and (II) in the case of any other eligible retirement plan, in an eligible rollover distribution (as defined under section 402(f)(2) of such Code), and (ii) as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Special rule for roth iras and roth 401(k)s.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to paragraph (1) with respect to qualified settlement income to a Roth IRA (as defined under section 408A(b) of such Code) or as a designated Roth contribution to an applicable retirement plan (within the meaning of section 402A of such Code), then-- (A) the qualified settlement income shall be includible in taxable income, and (B) for purposes of section 72 of such Code, such contribution shall be considered to be investment in the contract. (5) Eligible retirement plan.--For purpose of this subsection, the term ``eligible retirement plan'' has the meaning given such term under section 402(c)(8)(B) of the Internal Revenue Code of 1986. (c) Qualified Settlement Income Not Included in SECA.--For purposes of chapter 2 of the Internal Revenue Code of 1986 and section 211 of the Social Security Act, no portion of qualified settlement income received by a qualified taxpayer shall be treated as self-employment income. (d) Qualified Taxpayer.--For purposes of this section, the term ``qualified taxpayer'' means-- (1) any plaintiff in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska); or (2) any beneficiary of the estate of such a plaintiff who-- (A) acquired the right to receive qualified settlement income from that plaintiff; and (B) was the spouse or an immediate relative of that plaintiff. (e) Qualified Settlement Income.--For purposes of this section, the term ``qualified settlement income'' means income received (whether as lump sums or periodic payments) in connection with the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), including interest (whether pre- or post judgment and whether related to a settlement or judgment).

Exxon Valdez Oil Spill Tax Treatment Act - Allows taxpayers who are plaintiffs in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action for the period beginning on January 1, 1994, and ending on December 31 of the year in which any settlement income is received; and (2) make contributions of any amount of such settlement income to certain tax-exempt retirement plans in the year such income is received.

A bill to provide for the tax treatment of income received in connection with the litigation concerning the Exxon Valdez oil spill and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims with Disabilities Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Adults with disabilities experience violence or abuse at least twice as often as people without disabilities. (2) Women with disabilities are more likely to be victimized, to experience more severe and prolonged violence, and to suffer more serious and chronic effects from that violence, than women without such disabilities. (3) An estimated 5,000,000 crimes are committed against individuals with developmental disabilities annually. (4) Over 70 percent of crimes committed against individuals with developmental disabilities are not reported. SEC. 3. PURPOSE. (a) In General.--The purpose of this Act is to increase the awareness, investigation, prosecution, and prevention of crimes against individuals with a disability, including developmental disabilities, and improve services to those who are victimized, by facilitating collaboration among the criminal justice system and a range of agencies and other organizations that provide services to individuals with disabilities. (b) Need for Collaboration.--Collaboration among the criminal justice system and agencies and other organizations that provide services to individuals with disabilities is needed to-- (1) protect individuals with disabilities by ensuring that crimes are reported, and that reported crimes are actively investigated by both law enforcement agencies and agencies and other organizations that provide services to individuals with disabilities; (2) provide prosecutors with adequate training to ensure that crimes against individuals with disabilities are appropriately and effectively addressed in court; and (3) promote communication among criminal justice agencies, and agencies and other organizations that provide services to individuals with disabilities, including Victim Assistance Organizations, to ensure that the needs of crime victims with disabilities are met. SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM. 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 JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH DISABILITIES ``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM GRANTS. ``(a) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means a State, unit of local government, Indian tribe, or tribal organization that applies for a grant under this section. ``(2) Collaboration program.--The term `collaboration program' means a program to ensure coordination between or among a criminal justice agency, an adult protective services agency, a victim assistance organization, and an agency or other organization that provides services to individuals with disabilities, including but not limited to individuals with developmental disabilities, to address crimes committed against individuals with disabilities and to provide services to individuals with disabilities who are victims of crimes. ``(3) Criminal justice agency.--The term `criminal justice agency' means an agency of a State, unit of local government, Indian tribe, or tribal organization that is responsible for detection, investigation, arrest, enforcement, adjudication, or incarceration relating to the violation of the criminal laws of that State, unit of local government, Indian tribe, or tribal organization, or an agency contracted to provide such services. ``(4) Adult protective services agency.--The term `adult protective services agency' means an agency that provides adult protective services to adults with disabilities, including-- ``(A) receiving reports of abuse, neglect, or exploitation; ``(B) investigating the reports described in subparagraph (A); ``(C) case planning, monitoring, evaluation, and other casework and services; and ``(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services for adults with disabilities. ``(5) Day program.--The term `day program' means a government or privately funded program that provides care, supervision, social opportunities, or jobs to individuals with disabilities. ``(6) Implementation grant.--The term `implementation grant' means a grant under subsection (e). ``(7) Individuals with disabilities.--The term `individuals with disabilities' means individuals-- ``(A) 18 years of age or older; and ``(B) whose ability to provide for their own health, safety, or welfare is compromised because of-- ``(i) a developmental, cognitive, physical, or other disability; or ``(ii) a lack of sufficient understanding or capacity to make or communicate responsible decisions concerning their person or affairs. ``(8) Planning grant.--The term `planning grant' means a grant under subsection (f). ``(9) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(10) Unit of local government.--The term `unit of local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. ``(b) Authorization.--In consultation with the Secretary, the Attorney General may make grants to applicants to prepare a comprehensive plan for or to implement a collaboration program that provides for-- ``(1) the investigation and remediation of instances of abuse of or crimes committed against individuals with disabilities; or ``(2) the provision of services to individuals with disabilities who are the victims of a crime or abuse. ``(c) Use of Funds.--A grant under this section shall be used for a collaborative program that-- ``(1) receives reports of abuse of individuals with disabilities or crimes committed against such individuals; ``(2) investigates and evaluates reports of abuse of or crimes committed against individuals with disabilities; ``(3) visits the homes or other locations of abuse, and, if applicable, the day programs of individuals with disabilities who have been victims of abuse or a crime for purposes of, among other things, assessing the scene of the abuse and evaluating the condition and needs of the victim; ``(4) identifies the individuals responsible for the abuse of or crimes committed against individuals with disabilities; ``(5) remedies issues identified during an investigation described in paragraph (2); ``(6) prosecutes the perpetrator, where appropriate, of any crime identified during an investigation described in paragraph (2); and ``(7) provides services to and enforces statutory rights of individuals with disabilities who are the victims of a crime. ``(d) Applications.-- ``(1) In general.--To receive a planning grant or an implementation grant, an applicant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General, in consultation with the Secretary, may reasonably require, in addition to the information required by subsection (e)(1) or (f)(1), respectively. ``(2) Combined planning and implementation grant application.-- ``(A) In general.--The Attorney General, in consultation with the Secretary, shall develop a procedure allowing an applicant to submit a single application requesting both a planning grant and an implementation grant. ``(B) Conditional grant.--The award of an implementation grant to an applicant submitting an application under subparagraph (A) shall be conditioned on successful completion of the activities funded under the planning grant, if applicable. ``(e) Planning Grants.-- ``(1) Applications.--An application for a planning grant shall include, at a minimum-- ``(A) a budget; ``(B) a budget justification; ``(C) a description of the outcome measures that will be used to measure the effectiveness of the program; ``(D) a schedule for completing the activities proposed in the application; and ``(E) a description of the personnel necessary to complete activities proposed in the application. ``(2) Period of grant.--A planning grant shall be made for a period of 1 year, beginning on the first day of the month in which the planning grant is made. ``(3) Amount.--The amount of planning grant shall not exceed $50,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. ``(4) Limit on number.--The Attorney General, in consultation with the Secretary, shall not make more than 1 such planning grant to any State, unit of local government, Indian tribe, or tribal organization. ``(f) Implementation Grants.-- ``(1) Implementation grant applications.--An application for an implementation grant shall include the following: ``(A) Collaboration.--An application for an implementation grant shall-- ``(i) identify not fewer than 1 criminal justice enforcement agency or adult protective services organization and not fewer than 1 agency, crime victim assistance program, or other organization that provides services to individuals with disabilities that will participate in the collaborative program; and ``(ii) describe the responsibilities of each participating agency or organization, including how each agency or organization will use grant funds to facilitate improved responses to reports of abuse and crimes committed against individuals with disabilities. ``(B) Guidelines.--An application for an implementation grant shall describe the guidelines that will be developed for personnel of a criminal justice agency, adult protective services organization, crime victim assistance program, and agencies or other organizations responsible for services provided to individuals with disabilities to carry out the goals of the collaborative program. ``(C) Financial.--An application for an implementation grant shall-- ``(i) explain why the applicant is unable to fund the collaboration program adequately without Federal funds; ``(ii) specify how the Federal funds provided will be used to supplement, and not supplant, the funding that would otherwise be available from the State, unit of local government, Indian tribe, or tribal organization; and ``(iii) outline plans for obtaining necessary support and continuing the proposed collaboration program following the conclusion of the grant under this section. ``(D) Outcomes.--An application for an implementation grant shall-- ``(i) identify the methodology and outcome measures, as required by the Attorney General, in consultation with the Secretary, for evaluating the effectiveness of the collaboration program, which may include-- ``(I) the number and type of agencies participating in the collaboration; ``(II) any trends in the number and type of cases referred for multidisciplinary case review; ``(III) any trends in the timeliness of law enforcement review of reported cases of violence against individuals with a disability; and ``(IV) the number of persons receiving training by type of agency; ``(ii) describe the mechanisms of any existing system to capture data necessary to evaluate the effectiveness of the collaboration program, consistent with the methodology and outcome measures described in clause (i) and including, where possible, data regarding-- ``(I) the number of cases referred by the adult protective services agency, or other relevant agency, to law enforcement for review; ``(II) the number of charges filed and percentage of cases with charges filed as a result of such referrals; and ``(III) the period of time between reports of violence against individuals with disabilities and law enforcement review; and ``(iii) include an agreement from any participating or affected agency or organization to provide the data described in clause (ii). ``(E) Form of data.--The Attorney General, in consultation with the Secretary, shall promulgate and supply a common electronic reporting form or other standardized mechanism for reporting of data required under this section. ``(F) Collaboration set aside.--Not less than 5 percent and not more than 10 percent of the funds provided under an implementation grant shall be set aside to procure technical assistance from any recognized State model program or from a recognized national organization, as determined by the Attorney General (in consultation with the Secretary), including the National District Attorneys Association and the National Adult Protective Services Association. ``(G) Other programs.--An applicant for an implementation grant shall describe the relationship of the collaboration program to any other program of a criminal justice agency or other agencies or organizations providing services to individuals with disabilities of the State, unit of local government, Indian tribe, or tribal organization applying for an implementation grant. ``(2) Period of grant.-- ``(A) In general.--An implementation grant shall be made for a period of 2 years, beginning on the first day of the month in which the implementation grant is made. ``(B) Renewal.--An implementation grant may be renewed for 1 additional period of 2 years, if the applicant submits to the Attorney General and the Secretary a detailed explanation of why additional funds are necessary. ``(3) Amount.--An implementation grant shall not exceed $300,000. ``(g) Evaluation of Program Efficacy.-- ``(1) Establishment.--The Attorney General, in consultation with the Secretary, shall establish a national center to evaluate the overall effectiveness of the collaboration programs funded under this section. ``(2) Responsibilities.--The national center established under paragraph (1) shall-- ``(A) analyze information and data supplied by grantees under this section; and ``(B) submit an annual report to the Attorney General and the Secretary that evaluates the number and rate of change of reporting, investigation, and prosecution of charges of a crime or abuse against individuals with disabilities. ``(3) Authorization.--The Attorney General may use not more than $500,000 of amounts made available under subsection (h) to carry out this subsection. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice to carry out this section-- ``(1) $10,000,000 for fiscal year 2007; and ``(2) such sums as are necessary for each of fiscal years 2008 through 2013.''.

Crime Victims with Disabilities Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, Indian tribes, or tribal organizations to plan and implement programs for collaboration among criminal justice agencies, adult protective services agencies, crime victim assistance organizations, and/or other agencies or organizations that provide services to individuals with disabilities to investigate and remediate abuse of or crimes against such individuals and to provide services to such individuals. Authorizes the Attorney General to establish a national center to evaluate such programs.

A bill to create a grant program for collaboration programs that ensure coordination among criminal justice agencies, adult protective service agencies, victim assistance programs, and other agencies or organizations providing services to individuals with disabilities in the investigation and response to abuse of or crimes committed against such individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Junk Fax Prevention Act of 2004''. SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: ``(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement-- ``(i) to a person who has made a request to such sender that complies with the requirements under paragraph (2)(D), not to send future unsolicited advertisements to a telephone facsimile machine; or ``(ii) to a person not described in clause (i), unless-- ``(I) the sender has an established business relationship (which term, for purposes of this subclause, shall have the meaning given the term in section 64.1200 of the Commission's regulations, as in effect on January 1, 2003, except that such term shall apply to a business subscriber in the same manner in which it applies to a residential subscriber) with such person; and ``(II) the unsolicited advertisement contains a conspicuous notice on the first page of the unsolicited advertisement that-- ``(aa) states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to such telephone facsimile machine and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under paragraph (2)(D) is unlawful; ``(bb) sets forth the requirements for a request under paragraph (2)(D); and ``(cc) includes a domestic contact telephone and facsimile number for the recipient to transmit such a request to the sender, neither of which may be a number for a pay-per-call service (as such term is defined in section 228(i)); any number supplied shall permit an individual or business to make a do-not-fax request during regular business hours; or''. (b) Request to Opt-Out of Future Unsolicited Advertisements.-- Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ``(D) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if-- ``(i) the request identifies the telephone number of the telephone facsimile machine to which the request relates; ``(ii) the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided pursuant to paragraph (1)(C)(ii)(II)(cc) or by any other method of communication as determined by the Commission; and ``(iii) the person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine; and ``(E) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)(C)(ii)(II), except that the Commission may take action under this subparagraph only by regulation issued after notice and opportunity for public comment in accordance with section 553 of title 5, United States Code, and only if the Commission determines that such notice is not necessary to protect the right of the members of such trade associations to make a request to their trade associations not to send any future unsolicited advertisements.''. (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by inserting ``, in writing or otherwise'' before the period at the end. (d) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Federal Communications Commission shall issue regulations to implement the amendments made by this section. SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following new subsection: ``(g) Junk Fax Enforcement Report.--The Commission shall submit a report to the Congress for each year regarding the enforcement of the provisions of this section relating to sending of unsolicited advertisements to telephone facsimile machines, which shall include the following information: ``(1) The number of complaints received by the Commission during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation of the Commission's rules. ``(2) The number of such complaints received during the year on which the Commission has taken action. ``(3) The number of such complaints that remain pending at the end of the year. ``(4) The number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(5) The number of notices of apparent liability issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(6) For each such notice-- ``(A) the amount of the proposed forfeiture penalty involved; ``(B) the person to whom the notice was issued; ``(C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and ``(D) the status of the proceeding. ``(7) The number of final orders imposing forfeiture penalties issued pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(8) For each such forfeiture order-- ``(A) the amount of the penalty imposed by the order; ``(B) the person to whom the order was issued; ``(C) whether the forfeiture penalty has been paid; and ``(D) the amount paid. ``(9) For each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter to the Attorney General for recovery of the penalty. ``(10) For each case in which the Commission referred such an order to the Attorney General-- ``(A) the number of days from the date the Commission issued such order to the date of such referral; ``(B) whether the Attorney General has commenced an action to recover the penalty, and if so, the number of days from the date the Commission referred such order to the Attorney General to the date of such commencement; and ``(C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.''. SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. (a) In General.--The Comptroller General of the United States shall conduct a study regarding complaints received by the Federal Communications Commission concerning unsolicited advertisements sent to telephone facsimile machines, which shall determine-- (1) the number and nature of such complaints; (2) the number of such complaints that result in final agency actions by the Commission; (3) the length of time taken by the Commission in responding to such complaints; (4) the mechanisms established by the Commission to receive, investigate, and respond to such complaints; (5) the level of enforcement success achieved by the Commission and the Attorney General regarding such complaints; (6) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints; and (7) whether additional enforcement measures are necessary to protect consumers, including recommendations regarding such additional enforcement measures. (b) Additional Enforcement Remedies.--In conducting the analysis and making the recommendations required under paragraph (7) of subsection (a), the Comptroller General shall specifically examine-- (1) the adequacy of existing statutory enforcement actions available to the Commission; (2) the adequacy of existing statutory enforcement actions and remedies available to consumers; (3) the impact of existing statutory enforcement remedies on senders of facsimiles; (4) whether increasing the amount of financial penalties is warranted to achieve greater deterrent effect; and (5) whether establishing penalties and enforcement actions for repeat violators or abusive violations similar to those established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. 7703) would have a greater deterrent effect. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit a report on the results of the study under this section to Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

A bill to amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Mountain Land Conveyance Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled ``Canyon Mountain Land Conveyance'', and dated June 27, 2013. (2) Planning area.--The term ``planning area'' means land-- (A) administered by the Director of the Bureau of Land Management; and (B) located in-- (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Definition of public domain land.-- (A) In general.--In this subsection, the term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion.--The term ``public domain land'' does not include any land managed in accordance with the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Cow Creek Band of Umpqua Tribe of Indians. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). SEC. 6. FOREST MANAGEMENT. Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. SEC. 7. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Land.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any land owned by the Oregon and California Railroad that is conveyed under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that-- (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as land owned by the Oregon and California Railroad. (2) Applicability.--The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land reclassified as land owned by the Oregon and California Railroad under paragraph (1)(B).

Canyon Mountain Land Conveyance Act of 2013 - Holds in trust for the Cow Creek Band of Umpqua Tribe of Indians (Tribe) all right, title, and interest of the United States in and to approximately 17,826 acres of federal land generally depicted on the map entitled "Canyon Mountain Land Conveyance," dated June 27, 2013. Makes that land part of the Tribe's reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribe. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribe.

Canyon Mountain Land Conveyance Act of 2013

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

Uranium Mining Modernization Act - Amends the Mineral Leasing Act to: (1) withdraw all fedral lands permanently from location and entry for uranium; and (2) prescribe a uranium leasing program for such lands.

To amend the Mineral Leasing Act to permanently withdraw all Federal lands from location and entry for uranium mining, to provide for leasing of such lands under such Act for uranium mining, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Fairness for Seniors Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than one in eight older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) It has been estimated that implementation of the policy set forth in this Act will reduce prescription prices for Medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering health care costs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the Medicare program. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices, by allowing pharmacies to purchase drugs for Medicare beneficiaries at the substantially reduced price available under the Federal Supply Schedule. SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD. The Secretary of Health and Human Services shall furnish to each Medicare beneficiary a drug benefit card that enables the beneficiary to purchase covered prescription drugs from participating pharmacies at reduced prices pursuant to section 4. SEC. 4. PARTICIPATING PHARMACIES. (a) Agreements to Participate.--Any qualified pharmacy may enter into an agreement with the Secretary that enables the pharmacy to sell covered outpatient drugs to holders of Medicare drug benefit cards at a reduced price, by authorizing the pharmacy to operate as a participating pharmacy under this Act. (b) Right of Participating Pharmacies To Obtain Drugs.--An agreement under this section shall entitle the participating pharmacy to purchase any covered outpatient drug that is listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug determined under subsection (d). (c) Quantity of Drugs Purchased.--An agreement under this section shall permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as is sold by the pharmacy to holders of Medicare drug benefit cards. (d) Participating Pharmacy Discount Price.-- (1) In general.--The Secretary shall determine a participating pharmacy discount price for each covered outpatient drug. (2) Determination.--The participating pharmacy discount price for a covered outpatient drug shall be determined by adding-- (A) the price at which the drug is available to Federal agencies from the Federal Supply Schedule under section 8126 of title 38, United States Code; plus (B) an amount that reflects the administrative costs incurred by the Secretary in administering this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness. (b) Regulations.--The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers; and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (3) Medicare drug benefit card.--The term ``Medicare drug benefit card'' means such a card issued under section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.

Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.

Prescription Drug Fairness for Seniors Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Programs Information Verification Act''. SEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES. (a) Information Comparisons for Public and Assisted Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: ``(7) Information comparisons for housing assistance programs.-- ``(A) Furnishing of information by hud.--Subject to subparagraph (G), the Secretary of Housing and Urban Development shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Housing and Urban Development in consultation with the Secretary, information in the custody of the Secretary of Housing and Urban Development for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are participating in any program under-- ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(iii) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); ``(iv) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or ``(v) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). ``(B) Requirement to seek minimum information.--The Secretary of Housing and Urban Development shall seek information pursuant to this section only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). ``(C) Duties of the secretary.-- ``(i) Information disclosure.--The Secretary, in cooperation with the Secretary of Housing and Urban Development, shall compare information in the National Directory of New Hires with information provided by the Secretary of Housing and Urban Development with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Housing and Urban Development, in accordance with this paragraph, for the purposes specified in this paragraph. ``(ii) Condition on disclosure.--The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. ``(D) Use of information by hud.--The Secretary of Housing and Urban Development may use information resulting from a data match pursuant to this paragraph only-- ``(i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and ``(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). ``(E) Disclosure of information by hud.-- ``(i) Purpose of disclosure.--The Secretary of Housing and Urban Development may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). ``(ii) Disclosures permitted.--Subject to clause (iii), the Secretary of Housing and Urban Development may disclose information resulting from a data match pursuant to this paragraph only to a public housing agency, the Inspector General of the Department of Housing and Urban Development, and the Attorney General in connection with the administration of a program described in subparagraph (A). Information obtained by the Secretary of Housing and Urban Development pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. ``(iii) Conditions on disclosure.-- Disclosures under this paragraph shall be-- ``(I) made in accordance with data security and control policies established by the Secretary of Housing and Urban Development and approved by the Secretary; ``(II) subject to audit in a manner satisfactory to the Secretary; and ``(III) subject to the sanctions under subsection (l)(2). ``(iv) Additional disclosures.-- ``(I) Determination by secretaries.--The Secretary of Housing and Urban Development and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities described in subclause (II), based on an evaluation made by the Secretary of Housing and Urban Development (in consultation with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confidentiality of information so disclosed. ``(II) Permitted persons or entities.--If the Secretary of Housing and Urban Development and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Housing and Urban Development to a private owner, a management agent, and a contract administrator in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(v) Restrictions on redisclosure.--A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(F) Reimbursement of hhs costs.--The Secretary of Housing and Urban Development shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. ``(G) Consent.--The Secretary of Housing and Urban Development shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual).''. (b) Consent to Information Comparison and Use as Condition of Hud Program Eligibility.--As a condition of participating in any program authorized under-- (1) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); (2) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); (4) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or (5) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), the Secretary of Housing and Urban Development may require consent by an individual (or by a person legally authorized to consent on behalf of such individual) for such Secretary to obtain, use, and disclose information with respect to such individual in accordance with section 453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).

HUD Programs Information Verification Act - Amends part D (Child Support and Establishment of Paternity) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to provide for public and assisted housing-related employment and income data comparisons between the Department of Housing and Urban Development and the Department of Health and Human Services' National Directory of New Hires.Sets forth data disclosure and use limitations.

To reduce overpayments of subsidies in Department of Housing and Urban Development housing assistance programs by providing for more accurate verification of employment and income of participants in such programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise and Youth Entrepreneurship Development Act of 2011''. SEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING PROGRAM. (a) Definitions.--Section 172(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) an entrepreneur that operates a business or intends to operate a business in an investment area (as such term is defined in section 103(16) of this Act).''. (b) Uses of Assistance.--Section 174 of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is amended-- (1) in paragraph (3) by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) to advertise in print, electronic, and other media the training and technical assistance provided under paragraph (1); and''. (c) Targeted Assistance.--Section 176(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) is amended by striking ``50 percent'' and inserting ``60 percent''. (d) Matching Requirements.--Section 177(c) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) is amended by adding at the end the following: ``(3) Consideration.--In determining whether to reduce or eliminate matching requirements under paragraph (1), the Administrator shall consider the impact of the economic crisis of 2007 through 2009 on the geographic area in which an applicant operates.''. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing recommendations for improving the application and grant making process of the microenterprise technical assistance and capacity building grant program (carried out under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994), including recommendations, developed in consultation with stakeholders, for streamlining the application and grant making process of that program. (f) Microenterprise Coordinator.-- (1) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish in the Small Business Administration the position of Microenterprise Coordinator. (2) Duties.--The Microenterprise Coordinator shall-- (A) work to ensure that the contributions of microenterprises to the economy are maximized; (B) work to enhance, support, and coordinate the programs of the Federal Government providing assistance to microenterprises, including Federal technical assistance programs; (C) work to ensure that underserved entrepreneurs are included in the programs of the Federal Government providing assistance to microenterprises; (D) make available to the public annually a comprehensive list and description of each Federal program that provides assistance to microenterprises; and (E) encourage public-private partnerships that support entrepreneurship. (3) Microenterprise defined.--In this subsection, the term ``microenterprise'' has the meaning given that term in section 172(10) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(10)). SEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish an Office of Youth Entrepreneurship (in this section referred to as the ``Office'') in the Small Business Administration. (b) Director.--The Administrator shall appoint a Director of Youth Entrepreneurship (in this section referred to as the ``Director'') to serve as the head of the Office. (c) Duties.--The Director shall-- (1) carry out the youth entrepreneurship technical assistance grant program described in subsection (d); (2) carry out the youth entrepreneurship curriculum grant program described in subsection (e); (3) promote the growth of youth entrepreneurship by establishing public-private partnerships and carrying out advertising campaigns; (4) sponsor and support State and national youth entrepreneurship competitions that raise awareness of the importance of small business development; (5) study and promote Federal activities that support entrepreneurship education; and (6) support the establishment of public and private youth entrepreneurship education and mentoring opportunities. (d) Youth Entrepreneurship Technical Assistance Grant Program.--The Director shall establish a program under which the Director may make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. (e) Youth Entrepreneurship Curriculum Grant Program.-- (1) In general.--The Director shall establish a program under which the Director may make grants to a covered entity to assist the development, improvement, or implementation of a youth entrepreneurship curriculum that includes information on the topics of-- (A) securing capital and borrowing; (B) business plan conception and drafting; (C) accounting; (D) management; and (E) marketing. (2) Application process.--To be eligible for a grant described in paragraph (1), a covered entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, except that the application shall include at least-- (A) a description of the curriculum to be developed, improved, or implemented; (B) a description of how grant funds will be used; (C) a description of goals relating to the use of grant funds and the curriculum to be developed, improved, or implemented; and (D) a description of how progress will be measured with respect to the goals described in subparagraph (C). (3) Covered entity defined.--In this subsection, the term ``covered entity'' means a local educational agency in any of the several States, the District of Columbia, or a territory or possession of the United States and a local educational agency of a federally recognized Indian tribe. (f) Investment Areas.-- (1) In general.--The Director shall ensure that at least 25 percent of the amounts made available to carry out the Office each fiscal year are used to assist youth in investment areas. (2) Investment area defined.--In this subsection, the term ``investment area'' has the meaning given that term in section 103(16) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(16)). (g) Student Loan Assistance.--Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation-- (1) establishing a program to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) establishing a program to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation. SEC. 4. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the economic impact of allowing youth entrepreneurs to defer student loan repayments to make available capital for business formation; (2) the economic impact of increasing the participation of individuals under 25 years of age in the microloan program of the Small Business Administration (carried out under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), notwithstanding the limited collateral and formal business experience of such individuals; (3) alternative methods for measuring creditworthiness that may assist youth entrepreneurship; and (4) actions Congress should consider to promote youth entrepreneurship. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the study conducted under subsection (a).

Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of "disadvantaged entrepreneur" a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the Administrator to establish an SBA Microenterprise Coordinator position. Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes.

To amend the Riegle Community Development and Regulatory Improvement Act of 1994 to improve the microenterprise technical assistance and capacity building grant program, to establish an Office of Youth Entrepreneurship in the Small Business Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Food-borne Illness Surveillance and Response Act of 2008''. SEC. 2. ENHANCED FOOD-BORNE ILLNESS SURVEILLANCE. (a) In General.-- (1) Authority.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall strengthen and expand food-borne illness surveillance systems to-- (A) inform and evaluate efforts to prevent food- borne illness; and (B) enhance the identification and investigation of, and response to, food-borne illness outbreaks. (2) Food-borne illness outbreak.--For purposes of this section, the term ``food-borne illness outbreak'' means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food. (b) Food-Borne Illness Surveillance Systems.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance food-borne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on food-borne illnesses by-- (1) coordinating food-borne illness surveillance systems, including complaint systems, in order to-- (A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and (B) facilitate sharing of data acquisition and findings on a more timely basis among governmental agencies, including the Food and Drug Administration, the Food Safety and Inspection Service, and State and local agencies, and with the public; (2) augmenting such systems to improve attribution of a food-borne illness outbreak to a specific food; (3) developing improved epidemiological tools for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters, and improved tracebacks to rapidly and specifically identify contaminated food products; (4) expanding capacity of such systems for implementation of fingerprinting strategies for food-borne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of food-borne illness; (5) allowing timely public access to de-identified, aggregate surveillance data; (6) at least annually, publishing current reports on findings from such systems; (7) exploring establishment of registries for long-term case follow-up to better characterize late complications of food-borne illness; (8) increasing participation in national networks of public health and food regulatory agencies and laboratories to-- (A) allow public health officials at the Federal, State, and local levels to share and accept laboratory analytic findings; and (B) identify food-borne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ``fingerprints'') of food-borne illness pathogens to a centralized database; and (9) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines. (c) Improving State Surveillance Capacity.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs, shall improve capacity for surveillance in the States by-- (1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors; (2) identifying, disseminating, and supporting implementation of model practices at the State and local level for-- (A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing; (B) conducting rapid and more standardized interviewing of cases associated with major enteric pathogens, including prior to designation of clusters as food-borne illness outbreaks; (C) conducting and evaluating rapid and standardized interviews of healthy control persons; (D) sharing information on a timely basis-- (i) within public health and food regulatory agencies; (ii) among such agencies; (iii) with the food industry; (iv) with healthcare providers; and (v) with the public; (3) developing, regularly updating, and disseminating training curricula on food-borne illness surveillance investigations, including standard sampling methods and laboratory procedures; (4) integrating new molecular diagnostic tools for parasites into web-based consultation services for parasitic infections to accelerate the identification of these food-borne infectious agents; (5) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses; (6) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency- testing tools for such laboratories; (7) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity; (8) providing technical assistance, which may include the detailing of officers and employees of the Secretary, to State and local public health and food regulatory agencies; (9) partnering with the Food and Drug Administration to increase communication, coordination, and integration of food- borne illness surveillance and outbreak investigation activities; and (10) developing and periodically updating response and interview procedures so that such procedures are standardized and tested. (d) Program Activities.--The Secretary shall carry out activities to support core food safety functions of State and local public health laboratories, including-- (1) establishing fellowships, stipends, and scholarships to address critical workforce shortages; (2) training and coordination of State and local personnel; (3) establishing partnerships between private and public laboratories to facilitate sharing of positive enteric specimens and improve surge capacity; (4) strengthening capacity to participate in existing or new food-borne illness surveillance systems; and (5) the purchase and maintenance of data systems hardware and software and laboratory equipment. (e) Partnerships.--Not later than 180 days after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, consumer organizations, and academia. Such working group shall provide the Secretary, through at least annual meetings of the working group and an annual public report, advice and recommendations on an ongoing and regular basis regarding the improvement of food-borne illness surveillance and implementation of this section, including advice and recommendations on-- (1) the priority needs of regulatory agencies, the food industry, and consumers for information and analysis on food- borne illness and its causes that can be used to prevent food- borne illness; (2) opportunities to improve the effectiveness of initiatives at the Federal, State, and local levels, including coordination and integration of activities among Federal agencies, and between the Federal, State, and local levels of government; (3) improvement in the timeliness and depth of access by regulatory and health agencies, the food industry, academic researchers, and consumers to food-borne illness surveillance data collected by government agencies at all levels, including data compiled by the Centers for Disease Control and Prevention; (4) key barriers to improvement in food-borne illness surveillance and its utility for preventing food-borne illness at Federal, State, and local levels; and (5) specific actions to reduce barriers to improvement, implement the working group's recommendations, and achieve the purposes of this section, with measurable objectives and timelines, and identification of resource and staffing needs. SEC. 3. LEVERAGING AND ENHANCING STATE AND LOCAL ROLES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO FOOD ``SEC. 399JJ. PLAN TO IMPROVE FOOD SAFETY CAPACITY AT THE STATE AND LOCAL LEVEL. ``(a) Goals.--The Secretary shall leverage and enhance the food safety capacity and roles of State and local agencies and integrate State and local agencies as fully as possible into national food safety efforts, in order to achieve the following goals: ``(1) Improve food-borne illness outbreak response and containment. ``(2) Improve the contribution of food-borne illness surveillance and investigation to the prevention of food-borne illness. ``(3) Strengthen oversight of food safety at the retail level. ``(4) Strengthen the capacity of State and local agencies to carry out inspections and enforce safety standards in food processing establishments, as part of a national strategy and plan to provide an adequate level of inspection and achieve compliance with safety standards in such establishments. ``(5) Make more effective use of the Nation's combined food safety resources to reduce the burden of food-borne illness. ``(b) Survey.--In preparation for development of the plan required by subsection (c), the Secretary shall, not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, complete a survey of State and local capacities, and needs for enhancement, with respect to-- ``(1) staffing levels and expertise available to perform food safety functions; ``(2) laboratory capacity to support surveillance, outbreak response, inspection, and enforcement activities; ``(3) information systems to support data management and sharing of food safety information among State and local agencies and with counterparts at the Federal level; ``(4) legal authorities of State and local agencies to support the roles of such agencies in a national food safety system; and ``(5) organizational arrangements for managing and coordinating food safety activities. ``(c) Plan.--Taking into account the goals established in subsection (a), results from the survey required in subsection (b), and consultations with State and local agencies and other food safety stakeholders, the Secretary shall, not later than 2 years after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, develop, publish, and begin implementation of a plan that includes the following elements: ``(1) Criteria for assessing the adequacy of State and local capacity to perform food safety functions as part of a national food safety system. ``(2) Priorities for enhancing the capacity of State and local agencies. ``(3) Action plans for meeting the highest priority capacity needs, including budget requirements and financing plans that take into account Federal, State, and local resources. ``(4) Improved coordination and information flow among Federal, State, and local agencies to strengthen food-borne illness surveillance, outbreak response, and investigation and to ensure that agencies at all levels have the information on origins and causes of food-borne illness that such agencies need to plan preventive measures. ``(5) Integration of the inspection and compliance programs in food processing establishments of the Food and Drug Administration and State and local agencies, including-- ``(A) joint planning and priority setting to ensure that the collective effort has the greatest possible impact on achieving compliance with food safety standards and reducing food-borne illness; ``(B) elimination of barriers to the free flow of information among the Food and Drug Administration and State and local agencies with respect to inspection and compliance programs and integration of State and Federal inspection and laboratory data systems; ``(C) steps to expand, and ensure the vigor and consistency of, State inspection of processing establishments under contract to the Food and Drug Administration; and ``(D) reliance by the Food and Drug Administration on State inspection and food sample analyses in Federal enforcement activities. ``(d) Food Safety Capacity Building Grants.-- ``(1) In general.--The Secretary shall make grants to State and local agencies to enhance State and local food safety capacity and programs and support achievement of the goals established in subsection (a). In awarding such grants, the Secretary shall take into account the criteria and priorities established by the Secretary under subsection (c). ``(2) Funding.--There are authorized to be appropriated to carry out paragraph (1), $25,000,000 for each of the fiscal years 2010, 2011, and 2012. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, and on an annual basis thereafter, the Secretary shall submit to Congress a report that describes-- ``(1) progress made in implementing this section, including any obstacles to such implementation; and ``(2) any legislative recommendations or additional resources needed for full implementation.''.

Improving Food-borne Illness Surveillance and Response Act of 2008 - Requires the Secretary of Health and Human Services to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Requires the Secretary, acting through the Director and the Commissioner of Food and Drugs, to improve capacity for surveillance in states, including by: (1) supporting outbreak investigations with needed specialty expertise; (2) supporting model practices in states; and (3) developing training curricula on foodborne illness surveillance investigations. Directs the Secretary to: (1) carry out activities to support core food safety functions of state and local public health laboratories; and (2) establish a working group to advise the Secretary regarding the improvement of foodborne illness surveillance and implementation of this Act. Amends the Public Health Service Act to require the Secretary to: (1) leverage and enhance the food safety capacity and roles of state and local agencies; (2) survey state and local capacities and enhancement needs; (3) develop a plan addressing food safety functions at state and local levels; and (4) make grants to state and local agencies to enhance food safety capacity and programs.

A bill to provide for enhanced food-borne illness surveillance and food safety capacity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis, Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) In General.--The Comptroller General of the United States shall conduct a study investigating the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. (b) Report by GAO.-- (1) Submission.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall complete the study under subsection (a) and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such study. (2) Contents.--The report required by paragraph (1) shall include each of the following: (A) A description of the extent to which the Food and Drug Administration assists sponsors in complying with the requirements and following the guidance referred to in subsection (a). (B) A description of the effectiveness of the Food and Drug Administration's enforcement of compliance with such requirements. (C) An analysis of the extent to which females, racial and ethnic minorities, and adults of all ages are adequately represented in Food and Drug Administration-approved clinical studies (at all phases) so that product safety and effectiveness data can be evaluated by gender, age, and racial subgroup. (D) An analysis of the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is readily available to the public in a timely manner by means of the product label or the Food and Drug Administration's Web site. (E) Appropriate recommendations for-- (i) modifications to the requirements and guidance referred to in subsection (a); or (ii) oversight by the Food and Drug Administration of such requirements. (c) Report by HHS.--Not later than 6 months after the submission by the Comptroller General of the report required under subsection (b), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a response to such report, including a corrective action plan as needed to respond to the recommendations in such report. (d) Biennial Reports by the Food and Drug Administration.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter-- (1) the Director of the Office of Women's Health of the Food and Drug Administration shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that includes each of the elements described in subparagraphs (A) through (E) of subsection (b)(2), with respect to women's health; and (2) the Director of the Office of Minority Health of the Food and Drug Administration shall submit to such Committees a report that includes each of such elements, with respect to minority health. (e) Definitions.--In this section: (1) The term ``biologic'' has the meaning given to the term ``biological product'' in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The term ``device'' has the meaning given to such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (3) The term ``drug'' has the meaning given to such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)). SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. ``Not later than September 30, 2014, and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Congress a report on the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $23,000,000 for fiscal year 2012, $25,300,000 for fiscal year 2013, $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year 2015, and $34,000,000 for fiscal year 2016.''; and (3) by adding at the end the following new subsection: ``(e) Study.-- ``(1) The Secretary shall (directly or through grants or contracts) conduct a study of the impact of the Patient Protection and Affordable Care Act on the preventive health services, referrals, and follow-up services described in subsection (a). ``(2) Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of the study under paragraph (1) and recommendations for improving the provision of preventive health services, referrals, and follow-up services described in paragraph (1) to women eligible for such services under grants funded under this section.''.

Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services.

To amend the Public Health Service Act to improve women's health by prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women, and for other purposes.

SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH BONDS. (a) In General.--Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by redesignating sections 12004 through 12013 as sections 12101 through 12110, respectively; (2) by inserting before section 12101 (as so redesignated) the following: ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES''; and (3) by adding at the end the following: ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS ``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION BONDS. ``(a) Qualified School Construction Bond.-- ``(1) In general.--For purposes of this part, the term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) a taxpayer who holds the bond is allowed a credit under the Internal Revenue Code of 1986; ``(B) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility; ``(C) the bond is issued by a State or local government within the jurisdiction of which such school is located; and ``(D) the issuer designates such bond for purposes of this section and the Internal Revenue Code of 1986. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(B) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(B). ``(b) National Limitation on Amount of Bonds Designated.--In any case in which there is imposed a national limitation on the maximum aggregate face amount of bonds issued during any calendar year which may be designated as qualified school construction bonds, such limitation shall be allocated in accordance with this section. ``(c) One-Third of Limitation Allocated Among States.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated among the States under paragraph (2) by the Secretary. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State educational agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. For purposes of the preceding sentence, Basic Grants attributable to large local educational agencies (as defined in subsection (d)), and Basic Grants attributable to high-growth local educational agencies (as defined in subsection (e)), shall be disregarded. ``(3) Minimum allocations to states.-- ``(A) In general.--The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of-- ``(i) the amount allocated to such State under this subsection for such year; and ``(ii) the aggregate amounts allocated under subsections (d) and (e) to local educational agencies in such State for such year; is not less than an amount equal to such State's minimum percentage of one-third of the national qualified school construction bond limitation referred to in subsection (b) for the calendar year. ``(B) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) for such State for the most recent fiscal year ending before such calendar year. ``(4) Allocations to certain possessions.--The amount to be allocated under paragraph (1) to any possession of the United States (as such term is used in the Internal Revenue Code of 1986) other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States. ``(5) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities; ``(ii) the capacity of public schools in the State to house projected enrollments; and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students; and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give highest priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs; ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own; and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(d) One-Third of Limitation Allocated Among Largest School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a large local educational agency under the preceding sentence unless such agency has an approved local application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) Large local educational agency.--For purposes of this section, the term `large local educational agency' means, with respect to a calendar year, any local educational agency (other than a high-growth local educational agency, as defined in subsection (e)) if such agency is-- ``(A) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary; or ``(B) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate. ``(4) Approved local application.--For purposes of paragraph (1), the term `approved local application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the local educational agency with the involvement of school officials, members of the public, and experts in school construction and management) of such agency's needs for public school facilities, including descriptions of-- ``(i) the overall condition of the local educational agency's school facilities, including health and safety problems; ``(ii) the capacity of the agency's schools to house projected enrollments; and ``(iii) the extent to which the agency's schools offer the physical infrastructure needed to provide a high-quality education to all students; ``(B) a description of how the local educational agency will use its allocation under this subsection to address the needs identified under subparagraph (A); and ``(C) a description of how the local educational agency will ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, or repair in the locality that would have occurred in the absence of such allocation. A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(e) One-Third of Limitation Allocated Among High-Growth School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are high-growth local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a high-growth local educational agency under the preceding sentence unless such agency has an approved local application (as defined in subsection (d)(4)). A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among high-growth local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) High-growth local educational agency.--For purposes of this section, the term `high-growth local educational agency' means, with respect to a calendar year, any local educational agency if-- ``(A) there has been at least a 7.5 percent increase in such agency's enrollment during the 5-year period ending with the preceding calendar year; and ``(B) such enrollment increase exceeds 150 students. ``(f) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (c) to any State; exceeds ``(2) the amount of bonds issued during such year which are designated as qualified school construction bonds pursuant to such allocation; the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsections (d) and (e). ``(g) Other Definitions.--For purposes of this section: ``(1) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH QUALIFIED SCHOOL CONSTRUCTION BONDS. ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply with respect to individuals employed on school construction, rehabilitation, or repair projects financed with the proceeds from an issuance of qualified school construction bonds.''. (b) Conforming Amendments.--Title XII of such Act is amended-- (1) in sections 12101 through 12110 (as so redesignated), by striking ``this title'' each place it appears and inserting ``this part''; (2) in section 12101(a)(1) (as so redesignated)-- (A) by striking ``section 12013'' and inserting ``section 12110''; (B) by striking ``section 12005'' and inserting ``section 12102''; and (C) by striking ``section 12007'' and inserting ``section 12104''; (3) in section 12101(a)(2) (as so redesignated), by striking ``section 12013'' and inserting ``section 12110''; and (4) in section 12109(3)(C) (as so redesignated), by striking ``section 12006'' and inserting ``section 12103''.

Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Disclosure Act of 1997''. SEC. 2. DEFINITIONS. As used in this Act: (1) Insurer.--The term ``insurer'' means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third party administrators. The term also includes health benefit plans, health carriers, and life, disability, and property and casualty insurers. (2) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (A) a group health plan (as defined in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1)), section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)), or section 5000(b)(1) of the Internal Revenue Code of 1986)); (B) a multiple employer welfare arrangement (as defined in section 3(40) of the Employee Retirement Income Security Act (29 U.S.C. 1002(40))) that provides benefits consisting of medical care (as defined in section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))), including items and services paid for as medical care; (C) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (D) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined in regulations of the Secretary); (E) automobile medical insurance to the extent that it relates to medical benefits (as defined in regulations of the Secretary); and (F) any other insurance providing for enrollees medical benefits (as defined in regulations of the Secretary) in the event of sickness, accident, disability, death, or unemployment. (3) Health carrier.--The term ``health carrier'' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services. (4) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL EXAMINATIONS. An insurer shall take such actions as are necessary to ensure that, in any case in which-- (1) a medical examination of an individual is required for initial or continued enrollment under a policy issued by the insurer, and (2) such medical examination is conducted by a person who is in the employ of the insurer or whose services are procured otherwise by the insurer, such individual (or the individual's legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the insurer and is encouraged to make such information available to such individual's own physician. SEC. 4. ENFORCEMENT. (a) Applicability of Certain Public Health Service Act Provisions.-- (1) In general.--For purposes of sections 2722 and 2723 of the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23), the provisions of section 3 shall be deemed provisions of part A of title XXVII of such Act. For purposes of sections 2761 and 2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions of section 3 shall be deemed provisions of part B of such title XXVII. (2) Rules of construction.--In applying such sections 2722, 2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C. 300gg-91(d)) pursuant to paragraph (1)-- (A) any reference to a ``health insurance issuer'' shall be deemed a reference to an insurer (as defined in section 2(1))); (B) any reference to ``health insurance coverage'' (including any such coverage offered in connection with a group health plan) shall be deemed a reference to a policy (as defined in section 2(4)); (C) any reference to a ``group health plan'' shall be deemed a reference to a group insurance plan (as defined in section 111(b)(1) of the Employee Retirement Income Security Act of 1974, and subject to the same rules as apply with respect to group health plans under section 2721(a) of the Public Health Service Act (42 U.S.C. 300gg-21(a))); and (D) any reference to part A or part B of title XXVII of such Act shall be deemed a reference to sections 2 through 6 of this Act. (b) Private Cause of Action.-- (1) In general.--An individual who believes that he or she has been adversely affected by an act or practice of an insurer in violation of section 3 may maintain an action against the insurer in a Federal or State court of original jurisdiction. Upon proof of such conduct by a preponderance of the evidence, the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $10,000 for each violation. It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action for temporary or preliminary injunctive relief considered under this paragraph. (2) Additional provisions relating to jurisdiction, venue, attorney's fees, etc.-- (A) In general.--Subject to subparagraph (B), subsections (d), (e), (f), (g), (h), and (j) of section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j)) shall apply with respect to a cause of action under paragraph (1) in the same manner and to the same extent as such subsections apply with respect to a cause of action under section 502(a)(1)(B) of such Act (29 U.S.C. 1132(a)(1)(B)). (B) Rules of construction.--In applying such subsections pursuant to subparagraph (A)-- (i) any reference to a ``participant'' or ``beneficiary'' shall be deemed a reference to the aggrieved individual referred to in paragraph (1); (ii) any reference to an ``employee benefit plan'' shall be deemed a reference to an insurer (as defined in section (2)(A)); (iii) any reference to the Secretary of Labor or the Secretary of the Treasury shall be deemed a reference to the Secretary of Health and Human Services; and (iv) any reference to title I of such Act shall be deemed a reference to sections 2 through 6 of this Act. SEC. 5. EFFECT ON STATE LAW. (a) In General.--Section 3 supersedes any provision of State law which is inconsistent with any provision of such section, in terms of providing less protection to individuals than is provided by such section, but only to the extent of such inconsistency. Nothing in section 3 shall be construed to-- (1) alter or relieve any insurer from the obligation to comply with any State law with respect to insurers, policies, and health benefit plans, except to the extent that such law is inconsistent with any provision of section 3, or (2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to individuals under policies or health benefit plans. (b) Definitions.--For purposes of this section, the terms ``State'' and ``State law'' have the meanings provided such terms under section 514(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(c)). SEC. 6. REGULATIONS. The Secretary (in consultation with the Secretary of Labor) shall prescribe regulations to carry out the provisions of sections 2 through 5. SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED FOR COVERAGE UNDER SUCH PLANS. (a) In General.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended-- (1) by redesignating section 111 (29 U.S.C. 1031) as section 112; and (2) by inserting after section 110 (29 U.S.C. 1030) the following new section: ``disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans ``Sec. 111. (a) In General.--A group insurance plan, and any insurer offering a policy in connection with such plan, shall take such actions as are necessary to ensure that, in any case in which-- ``(1) a medical examination of a participant or beneficiary is required for initial or continued eligibility for benefits, and ``(2) such medical examination is conducted by a person who is in the employ of the plan or the insurer or whose services are procured otherwise by the plan or the insurer, such participant or beneficiary (or his or her legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the plan or insurer and is encouraged to make such information available to his or her own physician. ``(b) Definitions.--For purposes of this section-- ``(1) Group insurance plan.--The term `group insurance plan' means an employee welfare benefit plan established and maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment. ``(2) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity, including endorsements or riders to an insurance policy or contract. ``(c) Effect on State Law.--This section supersedes any provision of State law which is inconsistent with any provision of this section, in terms of providing less protection to participants and beneficiaries than is provided by this section, but only to the extent of such inconsistency. Nothing in this section shall be construed to-- ``(1) alter or relieve any plan administrator from the obligation to comply with the laws of any State with respect to group insurance plans, except to the extent that such laws are inconsistent with any provision of this section, or ``(2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to participants and beneficiaries under group insurance plans. ``(d) Expedited Consideration.--It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action under section 502 for temporary or preliminary injunctive relief from violations of this section. ``(e) Regulations.--The Secretary (in consultation with the Secretary of Health and Human Services) shall prescribe regulations to carry out the provisions of this section.''. (b) Penalties at $100 a Day for Failure to Disclose.--Section 502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 111(a)''. (c) Conforming Amendment.--The table of contents in section 1 is amended by striking the item relating to section 111 and inserting the following new items: ``Sec. 111. Disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans. ``Sec. 112. Repeal and effective date.''. SEC. 8. EFFECTIVE DATE. Sections 2, 3, 4, 5, and 6 shall apply with respect to any action taken on or after the date of the enactment of this Act. The amendments made by section 7 shall apply with respect to plan years beginning on or after such date.

Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. (Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.

Insurance Disclosure Act of 1997

SECTION 1. STUDIES AND REPORTS BY THE DEPARTMENT OF AGRICULTURE AND THE NATIONAL ACADEMY OF SCIENCES ON FOOD PRODUCTS FROM CLONED ANIMALS. (a) Study by the Department of Agriculture.-- (1) In general.--The Secretary of Agriculture (referred to in this section as the ``Secretary''), in coordination with the Economic Research Service, and after consultation with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), shall conduct a study on the economic and trade impact of agricultural exports of food products from cloned animals. (2) Content of study.--The study under paragraph (1) shall include-- (A) an analysis of the domestic agricultural and international trade economic implications of permitting commercialization of milk and meat from cloned animals and their progeny into the food supply, with special attention to-- (i) the impact on Federal agricultural expenditures; and (ii) meat and milk exports shifts that would take place as other countries react to that commercialization, including the potential for other countries to ban exports from the United States; and (B) estimates of the consumer and exporter behavioral responses that must be factored into both the economic impact analysis and the health impact analysis required under this section. (b) Study With the Government Accountability Office on Monitoring Food Products From Cloned Animals.-- (1) In general.--The Secretary, in coordination with Comptroller General of the United States, shall conduct a study on the programs in place at the Department of Agriculture to monitor food products from cloned animals if such products enter the food supply. (2) Content of study.--The study under paragraph (1) shall include an evaluation of the processes in place at the Department of Agriculture to monitor food products from cloned animals throughout the food supply. The study shall also include a review of existing studies and literature, from the United States and other countries and organizations, that relate to the evaluation of the safety of food products from cloned animals and methods for monitoring such products in the food supply. (c) Study With the Government Accountability Office on the Health Effects and Costs Attributable to Milk From Cloned Animals in the Food Supply.-- (1) In general.--The Secretary, in consultation with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), and in coordination with Comptroller General of the United States, shall conduct a study on the health effects and costs attributable to milk from cloned animals in the food supply. (2) Content of study.--The study under paragraph (1) shall include an evaluation and measurement of the potential public health effects and associated health care costs, including any consumer behavior changes and negative impacts on nutrition, and prevention of osteoporosis and other chronic disease that result from any decrease in milk consumption, attributable to the commercialization of milk from cloned animals and their progeny. (d) Study With the National Academy of Sciences.-- (1) In general.--The Secretary shall contract with the National Academy of Sciences to conduct a study and report to Congress regarding the safety of food products derived from cloned animals. (2) Content of study.--The study under paragraph (1) shall include a review and an assessment of whether the studies (including peer review studies), data, and analysis used in the draft risk assessment issued by the Food and Drug Administration entitled Animal Cloning: A Draft Risk Assessment (issued on December 28, 2006) supported the conclusions drawn by such draft risk assessment and-- (A) whether there were a sufficient number of studies to support such conclusions; and (B) whether additional pertinent studies and data exist which were not considered in the draft risk assessment and how this additional information affects the conclusions drawn in such draft risk assessment. (e) Rule of Construction.--Nothing in this section shall be construed to impede ongoing scientific research in artificial reproductive health technologies. (f) Timeframe for Studies.--The Secretary shall complete the studies required under this section prior to issuance by the Commissioner of Food and Drugs of the final risk assessment on the safety of cloned animals and food products derived from cloned animals. (g) Continuance of Moratorium.--The voluntary moratorium on introducing food from cloned animals or their progeny into the food supply, as in effect on the date of enactment of this Act, shall remain in effect at least until the date that the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs) issues the final risk assessment described in subsection (f).

Directs the Secretary of Agriculture to conduct studies on: (1) the economic and trade impact of exports of food products from cloned animals; (2) Department of Agriculture programs to monitor products from cloned animals in the food supply; (3) the health effects and costs attributable to milk from cloned animals in the food supply; and (4) the safety of food products derived from cloned animals.

To require studies by the Secretary of Agriculture on the effects of food products from cloned animals entering the food supply.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Restoration Tax Credit Act of 2005''. SEC. 2. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenditures of the taxpayer for the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for a taxable year shall not exceed $2,000,000. ``(2) Limitation based on amount of tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A and sections 27 and 30A for the taxable year. ``(c) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by the taxpayer for an approved project. ``(2) Approved project.--The term `approved project' means any project approved by the Natural Resources Conservation Service to restore or protect coastal lands located in the United States. ``(d) Carryovers Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (c) for such taxable year (referred to as the `unused credit year' in this paragraph), such excess shall be allowed as a credit carryforward for each of the taxable years following the unused credit year or as a credit carryback for each of the taxable years preceeding the unused credit year. ``(2) Rules.--For purposes of paragraph (1), rules similar to the rules of section 39 shall apply, except that-- ``(A) subsection (a)(1) shall be applied-- ``(i) by substituting `3 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `5 taxable years' for `20 taxable years' in subparagraph (B) thereof, and ``(B) subsection (a)(2) shall be applied-- ``(i) by substituting `8 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `7 taxable years' for `20 taxable years' in subparagraph (B). ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)(2)). ``(2) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credit allowable under subsection (a)), shall be reduced by the amount of credit allowed under subsection (a) (determined without regard to subsection (b)(2)) for the taxable year. ``(3) Reduction for assistance.--The amount taken into account under subsection (a) with respect to any project shall be reduced by the amount of any Federal, State, or local grant or other assistance received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified expenditures and which was not included in the gross income of such taxpayer.''. (b) Basis Adjustment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Credit for expenses incurred in restoring and protecting coastal lands.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Coastal Restoration Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for expenditures related to any project approved by the Natural Resources Conservation Service to restore or protect coastal lands in the United States.

To amend the Internal Revenue Code of 1986 to provide a credit against the income tax for expenses incurred in restoring and protecting coastal lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Administration and Improvement Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth......................................................... 21''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth....................................................... 8''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Anchorage, Missoula.''. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date. (b) Election by Certain Circuit Judges.--A circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election. (c) Vacancies.--For each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b). SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. (a) In General.--For each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act. (b) Vacancies.--For each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled. SEC. 9. SENIORITY OF JUDGES. (a) In General.--The seniority of each judge-- (1) who elects to be assigned to the twelfth circuit under section 6(b); (2) who elects to be assigned to the new ninth circuit under section 6(b); or (3) who elects to be assigned to the twelfth circuit under section 7, shall run from the date of commission of such judge as a judge of the former ninth circuit. (b) Temporary Twelfth Circuit Judges.--The seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 11. ADMINISTRATION. (a) In General.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.

Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.

Judicial Administration and Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108- 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the Act'') was the product of broad, bipartisan consensus in Congress regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and refugee protection. (2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea. (3) Human rights and humanitarian conditions inside North Korea are deplorable, North Korean refugees remain acutely vulnerable, and the findings in section 3 of the Act remain accurate today. (4) The Government of China is conducting an increasingly aggressive campaign to locate and forcibly return border-crossers to North Korea, where they routinely face torture and imprisonment, and sometimes execution. According to recent reports, the Chinese Government is shutting down Christian churches and imprisoning people who help North Korean defectors and has increased the bounty paid for turning in North Korean refugees. (5) In an attempt to deter escape attempts, the Government of North Korea has reportedly stepped up its public execution of border-crossers and those who help others cross into China. (6) In spite of the requirement of the Act that the Special Envoy on Human Rights in North Korea (the ``Special Envoy'') report to the Congress no later than April 16, 2005, a Special Envoy was not appointed until August 19, 2005, more than four months after the reporting deadline. (7) The Special Envoy appointed by the President has filled that position on a part-time basis only. (8) Since the passage of the North Korean Human Rights Act, Congress has on several occasions expressed interest in the status of North Korean refugees, and on February 21, 2006, a bipartisan group of senior Members of the House and Senate wrote Secretary of State Condoleezza Rice ``to express [their] deep concern for the lack of progress in funding and implementing the key provisions of the North Korean Human Rights Act'', particularly the lack of North Korean refugee admissions to the United States. (9) Although the United States refugee resettlement program remains the largest in the world by far, the United States has resettled only 37 North Koreans in the period from 2004 through 2007. (10) From the end of 2004 through 2007, the Republic of Korea resettled 5,961 North Koreans. (11) Extensive delays in assessment and processing have led numerous North Korean refugees to abandon their quest for United States resettlement, and long waits (of more than a year in some cases) have been the source of considerable discouragement and frustration among refugees, many of whom are awaiting United States resettlement in circumstances that are unsafe and insecure. (12) From 2000 through 2006, the United States granted asylum to 15 North Koreans, as compared to 60 North Korean asylum grantees in the United Kingdom, and 135 in Germany during that same period. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to make it a priority to seek broader permission and greater cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific nations; (2) at the same time that careful screening of intending refugees is important, the United States also should make every effort to ensure that its screening, processing, and resettlement of North Korean refugees are as efficient and expeditious as possible; (3) the Special Envoy for North Korean Human Rights Issues should be a full-time position within the Department of State in order to properly promote and coordinate North Korean human rights and humanitarian issues, and to participate in policy planning and implementation with respect to refugee issues, as intended by the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.); (4) in an effort to more efficiently and actively participate in humanitarian burden-sharing, the United States should approach our ally, the Republic of Korea, to revisit and explore new opportunities for coordinating efforts to screen and resettle North Koreans who have expressed a wish to pursue resettlement in the United States and have not yet availed themselves of any right to citizenship they may enjoy under the Constitution of the Republic of Korea; and (5) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the Government of China to-- (A) immediately halt its forcible repatriation of North Koreans; (B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and (C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance. SEC. 4. DEFINITIONS. Section 5(1)(A) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the following: ``and $2,000,000 for each of fiscal years 2009 through 2012''. SEC. 6. RADIO BROADCASTING TO NORTH KOREA. Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors (BBG) shall submit to the appropriate congressional committees, as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that describes the status and content of current United States broadcasting to North Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813). SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1), by striking ``2008'' and inserting ``2012''; and (2) in subsection (c), by striking ``in each of the 3 years thereafter'' and inserting ``annually through 2012''. SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is amended-- (1) in the section heading, by striking ``human rights in north korea'' and inserting ``north korean human rights issues''; (2) in subsection (a)-- (A) in the first sentence-- (i) by striking ``human rights in North Korea'' and inserting ``North Korean human rights issues''; and (ii) by inserting before the period at the end the following: ``, by and with the advice and consent of the Senate''; (B) in the second sentence, by inserting before the period at the end the following: ``who shall have the rank of ambassador and shall hold the office at the pleasure of the President''; (3) in subsection (b), by inserting before the period at the end the following: ``, including, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees''; (4) in subsection (c)-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) participate in the formulation and the implementation of activities carried out pursuant to this Act;''; and (C) in paragraph (5), as so redesignated, by striking ``section 102'' and inserting ``sections 102 and 104''; and (5) in subsection (d), by striking ``for the subsequent 5 year- period'' and inserting ``thereafter through 2012''. SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by striking ``in each of the 2 years thereafter'' and inserting ``annually thereafter through 2012''. SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting ``2012''. SEC. 11. ANNUAL REPORTS. Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended-- (1) in the subsection heading, by inserting ``and Refugee'' before ``Information''; (2) in the matter preceding paragraph (1)-- (A) by striking ``for each of the following 5 years'' and inserting ``through 2012''; and (B) by striking ``which shall include--'' and inserting ``which shall include the following:''; (3) in paragraph (1)-- (A) by striking ``the number of aliens'' and inserting ``The number of aliens''; and (B) by striking ``; and'' at the end and inserting a period; (4) in paragraph (2), by striking ``the number of aliens'' and inserting ``The number of aliens''; and (5) by adding at the end the following new paragraph: ``(3) A detailed description of the measures undertaken by the Secretary of State to carry out section 303, including country- specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information (by increasing the availability of non-government controlled sources) in North Korea; and (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues (as renamed by this Act) in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting U.S. humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions.

To amend the North Korean Human Rights Act of 2004 to promote respect for the fundamental human rights of the people of North Korea, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Birth Defects Prevention Act of 1993''. (b) Findings.--The Congress makes the following findings: (1) Birth defects are the leading cause of infant mortality, directly responsible for one out of every five infant deaths. (2) Thousands of the 250,000 infants born with a birth defect annually face a lifetime of chronic disability and illness. (3) Birth defects threaten the lives of infants of all racial and ethnic backgrounds. However, some conditions pose excess risks for certain populations. For example, compared to all infants born in the United States, Hispanic-American infants are more likely to be born with anencephaly spina bifida and other neural tube defects and African-American infants are more likely to be born with sickle-cell anemia. (4) Birth defects can be caused by exposure to environmental hazards, adverse health conditions during pregnancy, or genetic mutations. Prevention efforts are slowed by lack of information about the number and causes of birth defects. Outbreaks of birth defects may go undetected because surveillance and research efforts are underdeveloped and poorly coordinated. SEC. 2. BIRTH DEFECTS PREVENTION AND RESEARCH PROGRAM. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317A the following new section: ``birth defects prevention and research programs ``Sec. 317B. (a) National Birth Defects Surveillance Program.--The Secretary, acting through the Director of the Centers for Disease Control, may award grants to, enter into cooperative agreements with, or provide direct technical assistance in lieu of cash to States, State health authorities, or health agencies of political subdivisions of a State for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. ``(b) Centers for Excellence for Birth Defects Prevention Research.-- ``(1) In general.--The Secretary shall establish at least five regional birth defects monitoring and research programs for the purpose of collecting and analyzing information on the number, incidence, correlates, and causes of birth defects, to include information regarding gender and different racial and ethnic groups, including Hispanics, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(2) Authority for awards.--For purposes of paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control, may award grants or enter into cooperative agreements with State departments of health, universities, or other private, nonprofit entities engaged in research to enable such entities to serve as Centers of Excellence for Birth Defects Prevention Research. ``(3) Application.--To be eligible for grants or cooperative agreements under paragraph (2), the entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may prescribe, including assurances that-- ``(A) the program will collect, analyze, and report birth defects data according to guidelines prescribed by the Director of the Centers for Disease Control; ``(B) the program will coordinate States birth defects surveillance and prevention efforts within a region; ``(C) education, training, and clinical skills improvement for health professionals aimed at the prevention and control of birth defects will be included in the program activities; ``(D) development and evaluation of birth defects prevention strategies will be included in the program activities, as appropriate; and ``(E) the program funds will not be used to supplant or duplicate State efforts. ``(4) Centers to focus on racial and ethnic disparities in birth defects.--One of the Centers of Excellence shall focus on birth defects among ethnic minorities, and shall be located in a standard metropolitan statistical area that has over a 60 percent ethnic minority population, is federally designated as a health professional shortage area, and has an incidence of one or more birth defects more than four times the national average. ``(c) Clearinghouse.--The Centers for Disease Control shall serve as the coordinating agency for birth defects prevention activities through establishment of a clearinghouse for the collection and storage of data and generated from birth defects monitoring programs developed under subsections (a) and (b). Functions of such clearinghouse shall include facilitating the coordination of research and policy development to prevent birth defects. The clearinghouse shall disaggregate data by gender and by racial and ethnic groups, the major Hispanic subgroups, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(d) Prevention Strategies.--The Secretary, acting through the Director of the Centers for Disease Control, shall award grants to or enter into cooperative agreements with State departments of health, universities, or other private, or nonprofit entities to enable such entities to develop, evaluate and implement prevention strategies designed to reduce the incidence and effects or birth defects including-- ``(1) demonstration projects for the prevention of birth defects, including-- ``(A) at least one project aimed at enhancing prevention services in a `high-risk area' that has a proportion of birth to minority women above the national average, is federally designated as a health professional shortage area, and has a high incidence of one or more birth defects; and ``(B) at least one outcome research project to study the effectiveness of infant interventions aimed at amelioration of birth defects; and ``(2) public information and education programs for the prevention of birth defects, including but not limited to programs aimed at prevention of alcohol and illicit drug use during pregnancy and promotion of use of folic acid vitamin supplements for women of childbearing age in a manner which is sensitive to the cultural and linguistic context of a given community. ``(e) Advisory Committee.-- ``(1) Establishment of committee.--The Secretary shall establish an Advisory Committee for Birth Defects Prevention (in this subsection referred to as the `Committee'). The Committee shall provide advice and recommendations on prevention and amelioration of birth defects to the Secretary and the Director of the Centers for Disease Control. ``(2) Functions.--With respect to birth defects prevention, the Committee shall-- ``(A) make recommendations regarding prevention research and intervention priorities; ``(B) study and recommend ways to prevent birth defects, with emphasis on emerging technologies; ``(C) identify annually the important areas of government and nongovernment cooperation needed to implement prevention strategies; ``(D) identify research and prevention strategies which would be successful in addressing birth defects disparities among the major Hispanic subgroups, non- Hispanic whites, African Americans, Native Americans, and Asian Americans; and ``(E) review and recommend policies and guidance related to birth defects research and prevention. ``(3) Composition.--The Committee shall be composed of 15 members appointed by the Secretary, including-- ``(A) four health professionals, who are not employees of the United States, who have expertise in issues related to prevention of or care for children with birth defects; ``(B) two representatives from health professional associations; ``(C) four representatives from voluntary health agencies concerned with conditions leading to birth defects or childhood disability; ``(D) five members of the general public, of whom at least three shall be parents of children with birth defects or persons having birth defects; and ``(E) representatives of the Public Health Service agencies involved in birth defects research and prevention programs and representatives of other appropriate Federal agencies, including but not limited to the Department of Education and the Environmental Protection Agency, shall be appointed as ex officio, liaison members for purposes of informing the Committee regarding Federal agency policies and practices; ``(4) Structure.-- ``(A) Term of office.--Appointed members of the Committee shall be appointed for a term of office of 3 years, except that of the members first appointed, 5 shall be appointed for a term of 1 year, 5 shall be appointed for a term of 2 years, and 5 shall be appointed for a term of 3 years, as determined by the Secretary. ``(B) Meetings.--The Committee shall meet not less than three times per year and at the call of the chair. ``(C) Compensation.--Members of the Committee who are employees of the Federal Government shall serve without compensation. Members of the Committee who are not employees of the Federal Government shall be compensated at a rate not to exceed the daily equivalent of the rate in effect for grade GS-18. ``(f) Report.--The Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a biennial report regarding the incidence of birth defects, the contribution of birth defects to infant mortality, the outcome of implementation of prevention strategies, and identified needs for research and policy development to include information regarding the various racial and ethnic groups, including Hispanic, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(g) Authorization of Appropriations.-- ``(1) For the purpose of carrying out subsections (a), (b), and (c), there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. ``(2) For the purpose of carrying out subsection (d), there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. ``(3) For the purpose of carrying out subsections (e) and (f), there are authorized to be appropriated $2,000,000 for each of the fiscal years 1994 through 1997.''.

Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Authorizes appropriations.

Birth Defects Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On March 19, 1966, Texas Western College (the ``Miners'') defeated the University of Kentucky in the National Collegiate Athletic Association (``NCAA'') men's college basketball final at Cole Field House in College Park, Maryland, by a score of 72-65. (2) The 1966 Miners are still the only team from the State of Texas to win a NCAA basketball championship. (3) This marked the first time an all-Black starting lineup had won the NCAA championship; (4) After the 1966 championship, many college teams throughout the South following the Miners' example began recruiting Black athletes, ending years of segregation. (5) Immediately after the championship, between the years of 1966 and 1985, the average number of Black players on college teams nearly doubled. (6) Every southern conference team (including the Southeastern Conference) followed the Miners' example, and all basketball teams were integrated the following season. (7) The top-ranked University of Kentucky men's basketball team was favored in the final over the third-ranked Texas Western College squad. (8) Texas Western College was led by coach Don Haskins and the University of Kentucky by coach Adolph Rupp. (9) Coach Haskins taught his team the ``swinging gate'' defensive style he had learned as a player at Oklahoma Agricultural and Mechanical College (now Oklahoma State University) under legendary coach Henry Iba. (10) Texas Western College's journey to the 1966 NCAA championship was depicted in the 2006 film titled ``Glory Road''. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the game of basketball and shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Collegiate Basketball Hall of Fame; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2017''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities. (c) Audits.--The National Collegiate Basketball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins emblematic of the game of basketball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Collegiate Basketball Hall of Fame to help finance renovations of existing National Collegiate Basketball Hall of Fame facilities.

50th Anniversary of the Texas Western College Men's Basketball Championship Commemorative Coin Act

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Family and Medical Leave Enhancement Act''. (b) Reference.--Whenever in sections 2, 3, and 5 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 Family and Medical Leave Act of 1993. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``50'' each place it occurs and inserting ``25''. SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 102(a) (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to additional leave for parental involvement.-- ``(A) In general.--Subject to section 103(f), in addition to leave available under paragraph (1), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including a foster child of the employee. ``(B) Definitions.--As used in subparagraph (A): ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3)(A) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3)(A) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), in addition to leave available under paragraph (1), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including a foster child of the employee. ``(B) As used in this paragraph: ``(i) The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. ``(ii) The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3)(A) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24- hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3)(A) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT. Section 102(a)(1) (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following: ``(E) To meet routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations. ``(F) To meet the routine medical care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.''.

Family and Medical Leave Enhancement Act - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. Provides that leave under such Act may be taken to meet: (1) routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations; and (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes.

Family and Medical Leave Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Millennium Challenge Compact Improvement Act (MCIA)''. SEC. 2. MILLENNIUM CHALLENGE COMPACT. (a) Duration of Compacts.--Section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended-- (1) by striking subsection (j); and (2) by inserting after subsection (i) the following new subsection: ``(j) Duration of Compact.-- ``(1) In general.--Except as provided in subparagraph (2), the duration of a Compact shall not exceed 5 years. ``(2) Exception.--The duration of a Compact (including a regional Compact) may exceed 5 years if the Board-- ``(A) determines that the Compact includes a project that cannot be completed in 5 years or less; and ``(B) approves a duration for the Compact of not more than 10 years. ``(3) Advance notification.--Not later than 15 days before the Board approves a duration for a Compact that exceeds 5 years pursuant to subparagraph (2), the Board, acting through the Chief Executive Officer, shall submit to the appropriate congressional committees an advance notification of such approval, including a detailed explanation for the determination and approval.''. (b) Concurrent and Subsequent Compacts.--Section 609 of such Act (22 U.S.C. 7708) is amended-- (1) by striking subsection (k); and (2) by inserting after subsection (j) (as amended by subsection (a)) the following new subsection: ``(k) Concurrent and Subsequent Compacts.-- ``(1) In general.--Subject to the requirements of paragraph (2), and in accordance with the requirements of this title, an eligible country and the United States-- ``(A) may enter into and have in effect more than one Compact at any given time; and ``(B) may enter into subsequent Compacts after the expiration of existing Compacts. ``(2) Requirements.-- ``(A) Concurrent compacts.--An eligible country and the United States may enter into a concurrent Compact (including a regional Compact) only if the Board determines that the country is making considerable and demonstrable progress in implementing the terms of its existing Compact and supplementary agreements thereto. ``(B) Subsequent compacts.--An eligible country and the United States may enter into a subsequent Compact only if the Board determines that the country has substantially met the objectives of prior Compacts between the country and the United States and supplementary agreements thereto, or the Board determines that the eligible country has demonstrated sufficient capacity to perform successfully on a subsequent Compact.''. (c) Applicability.--The amendments made by subsections (a) and (b) apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 before, on or after the date of the enactment of this Act. (d) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22 U.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact'' and inserting ``any''. SEC. 3. AUTHORIZATION OF REGIONAL ASSISTANCE. (a) Assistance.--Section 605(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7704(a)) is amended by adding at the end the following new sentence: ``The assistance contemplated by this subsection may be provided through a Compact with a country individually and/or through a Compact with two or more countries in the same geographic region collectively.''. (b) Eligible Entities.--Section 605(c) of such Act (22 U.S.C. 7704(c)) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4) an entity, structure, or other arrangement established by two or more eligible countries in connection with a regional Compact.''. (c) Conforming Amendments.-- (1) Compact.--Section 609(a) of such Act (22 U.S.C. 7708(a)) is amended by inserting after ``only if the country'' the following: ``(or countries, in the case of a regional Compact)''. (2) Assistance for development of compact.--Section 609(g) of such Act (22 U.S.C. 7708(g)) is amended-- (A) by inserting after ``eligible country'' the following: ``(or countries, in the case of a regional compact)''; and (B) by inserting at the end before the period the following: ``(or countries, as appropriate)''. (3) Suspension and termination of assistance.--Section 611 of such Act (22 U.S.C. 7710) is amended-- (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection: ``(c) Regional Compacts.--In the case of a regional compact, the Chief Executive Officer may-- ``(1) after consultation with the Board, suspend or terminate assistance in whole or in part to one or more countries, as appropriate, based on a determination consistent with subsection (a); and ``(2) reinstate assistance for a country or countries, as appropriate, based on a determination consistent with subsection (b).''.

Millennium Challenge Compact Improvement Act (MCIA) - Amends the Millennium Challenge Act of 2003 to authorize under specified circumstances: (1) Millennium Challenge Compacts in excess of five years; and (2) concurrent Compacts. States that assistance may be provided through a Compact with a country individually and/or through a Compact with two or more countries in the same geographic region collectively. Sets forth provisions regarding suspension or termination of regional Compacts.

To amend the Millennium Challenge Act of 2003 to authorize regional and concurrent compacts under that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Michelle's Law''. SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. (a) Amendments of ERISA.--Subpart A of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ``(a) Medically Necessary Leave of Absence.--In this section, the term `medically necessary leave of absence' means a leave of absence from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965) that-- ``(1) is due to a severe illness or injury, as certified by the attending physician of the dependent child involved; and ``(2) causes the dependent child involved to lose full-time student status. ``(b) Requirement To Continue Coverage.-- ``(1) In general.--In the case of a dependent child described under paragraph (2), a group health plan (or health insurance coverage offered in connection with such a plan) shall not terminate coverage of such child due to a medically necessary leave of absence before the date that is the earlier of-- ``(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ``(B) the date on which such coverage would otherwise terminate under the terms of the plan. ``(2) Child described.--A dependent child described in this paragraph is a child who-- ``(A) is a dependent of a participant or beneficiary of the plan or coverage; ``(B) is 18 years of age or older; ``(C) was enrolled in the plan or coverage as of the first day of the medically necessary leave of absence involved; and ``(D) was enrolled as a full-time student at a postsecondary educational institution (as described in subsection (a)) until the first day of the medically necessary leave of absence involved. ``(3) Certification by physician.--Paragraph (1) shall not apply to a group health plan (or health insurance coverage offered in connection with such a plan) unless the dependent child submits to the plan or issuer and the postsecondary educational institution involved, documentation and certification by the child's attending physician stating that the leave of absence involved is a medically necessary leave of absence. ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any breaks in the school semester shall not disqualify a dependent child described under subsection (b) from coverage under this section. ``(d) No Additional Coverage.--A dependent child described under subsection (b) shall be entitled to an extension under this section of only those benefits to which the child was entitled under the terms of the plan or coverage as of the first day of the medically necessary leave of absence involved. ``(e) Coverage Under Successor Plan.--If an employer or health insurance issuer changes group health plans after the first day of a medically necessary leave of absence of dependent child described in subsection (b) but before the date described under subsection (b)(1), and such new group health plan offers coverage of dependent children, such new group health plan shall be subject to this section in the same manner as the group health plan coverage in effect on the first day of the medically necessary leave of absence of such dependent child. ``(f) Presumption.--For purposes of administrative or judicial proceedings, there shall be a rebuttable presumption that the documentation and certification under subsection (b)(3) entitles the dependent child involved to coverage as described under this section.''. (b) Amendments to the Internal Revenue Code.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et seq.) is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of dependent students on medically necessary leave of absence.''; and (2) by inserting after section 9813 the following: ``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ``(a) Medically Necessary Leave of Absence.--The term `medically necessary leave of absence' means a leave of absence from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965) that-- ``(1) is due to a severe illness or injury, as certified by the attending physician of the dependent child involved; and ``(2) causes the dependent child involved to lose full-time student status. ``(b) Requirement To Continue Coverage.-- ``(1) In general.--In the case of a dependent child described under paragraph (2), a group health plan (or health insurance coverage offered in connection with such a plan) shall not terminate coverage of such child due to a medically necessary leave of absence before the date that is the earlier of-- ``(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ``(B) the date on which such coverage would otherwise terminate under the terms of the plan. ``(2) Child described.--A dependent child described in this paragraph is a child who-- ``(A) is a dependent of a participant or beneficiary of the plan or coverage; ``(B) is 18 years of age or older; ``(C) was enrolled in the plan or coverage as of the first day of the medically necessary leave of absence involved; and ``(D) was enrolled as a full-time student at a postsecondary educational institution (as described in subsection (a)) until the first day of the medically necessary leave of absence involved. ``(3) Certification by physician.--Paragraph (1) shall not apply to a group health plan (or health insurance coverage offered in connection with such a plan) unless the dependent child submits to the plan or issuer and the postsecondary educational institution involved, documentation and certification by the child's attending physician stating that the leave of absence involved is a medically necessary leave of absence. ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any breaks in the school semester shall not disqualify a dependent child described under subsection (b) from coverage under this section. ``(d) No Additional Coverage.--A dependent child described under subsection (b) shall be entitled to an extension under this section of only those benefits to which the child was entitled under the terms of the plan or coverage as of the first day of the medically necessary leave of absence involved. ``(e) Coverage Under Successor Plan.--If an employer or health insurance issuer changes group health plans after the first day of a medically necessary leave of absence of dependent child described in subsection (b) but before the date described under subsection (b)(1), and such new group health plan offers coverage of dependent children, such new group health plan shall be subject to this section in the same manner as the group health plan coverage in effect on the first day of the medically necessary leave of absence of such dependent child. ``(f) Presumption.--For purposes of administrative or judicial proceedings, there shall be a rebuttable presumption that the documentation and certification under subsection (b)(3) entitles the dependent child involved to coverage as described under this section.''.

Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician.

A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes.

SECTION 1. COMMUNICATION SITE USE FEES. (a) Fees.--Notwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Agriculture (hereinafter referred to as the ``Secretaries''), shall assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management at such rates as the Forest Service and the Bureau of Land Management shall establish or at such modified rates as are established pursuant to the provisions of subsection (b) of this section. (b) Adjustments.--(1) The Schedule of Charges established under this section shall be reviewed by the Forest Service and the Bureau of Land Management on an annual basis, and shall be adjusted by the Forest Service and the Bureau of Land Management to reflect changes in the Consumer Price Index. Increases or decreases in charges shall apply to all categories of charges, but any increase or decrease shall not total less than 3 percent or more than 5 percent of the charge assessed to the user in the preceding year. The Bureau of Land Management and the Forest Service shall transmit to the Congress notification of any such adjustment not later than 60 days before the effective date of such adjustment. (2) Under the Schedule of Changes established under the section, if any radio or television communications site user is to be charged an amount that is greater than $1,000 more than the amount such site user pays to the Bureau of Land Management or the Forest Service as of January 1, 1993, then during the first year in which the Schedule of Charges is in effect, such site user shall pay an amount equal to the amount it paid to the Bureau of Land Management of the Forest Service as of January 1, 1993, plus $1,000. Each year thereafter, such site user shall pay the full amount under the Schedule of Charges, as modified pursuant to the subsection. (3) Under the Schedule of Charges established under this section, if any radio or television communications site user is to be charged an amount that is less than the amount such site user paid to the Bureau of Land Management or the Forest Service as of January 1, 1993, then such site user shall continue to pay the higher amount until such time as the charge to the site user in the Schedule of Charges equals or exceeds that amount, as modified pursuant to this subsection. (c) Additional Users.--(1) If the radio or television communications site user is permitted under the terms of its site use authorization from the Bureau of Land Management or the Forest Service to grant access to the site to additional users, then the radio or television communications site user shall pay annually to the Bureau of Land Management or the Forest Service an amount equal to 25 percent of the gross income it receives from each such additional user during that year. (2) Authorizations to radio and television communications site users shall require such site users to provide the Bureau of Land Management or the Forest Service with a certified list which identifies all additional users of such sites and all gross revenues received from such additional users. The Bureau of Land Management and the Forest Service shall not require any additional user of a radio or television communications site to obtain a separate authorization to use such a site. (d) Administrative Provisions.--(1) The Secretaries shall prescribe appropriate rules and regulations to carry out the provisions of this section. (2) Ten years after the date of enactment of this section, the Secretaries shall establish a broad-based advisory group, including representatives from the radio and television broadcast industry, to review the Schedule of Charges and other acceptable criteria for determining fair market value for radio and television communications site uses. The advisory group shall report its findings to the Congress no later than 1 year after it is established. (e) Existing Charges.--(1) Until modified pursuant to subsection (b) of this section, the Schedule of Charges for television communications site users which the Secretaries shall prescribe pursuant to subsection (a) of this section shall be as listed in exhibit 3 (television rental fee schedule) in the report of the radio and television broadcast use fee advisory committee dated December 1992. (2) Until modified pursuant to subsection (b) of this section, the Schedule of Charges for radio communications site users which the Secretaries shall prescribe pursuant to subsection (a) of this section shall be as listed in exhibit 4, radio rental fee schedule in the report of the radio and television broadcast use fee advisory committee dated December 1992. SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD. (a) Establishment.--The Secretaries of the Interior and Agriculture are directed to jointly establish a broad-based advisory group comprised of representatives from the nonbroadcast communications industry (users of both private and public communication sites) and the 2 agencies to review recommendations on acceptable criteria for determining fair market values and next best alternative use. (b) Review.--The advisory group shall review the methodology used in any previous studies and reach concurrence on such methodology. (c) Assessments.--The advisory group shall also assess the validity of the results of such studies, taking into account all reasonable options for the establishment of fair market values and next best alternative use. (d) Report.--The advisory group shall report its findings to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives within 1 year after the enactment of this Act.

Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management. Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations. Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users. Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use.

To establish fees for communication sites on public lands.

SECTION 1. EXTENSION OF MEDICARE PRESCRIPTION DRUG INITIAL ENROLLMENT PERIODS FOR 2006 AND 2007; SUSPENSION OF LATE ENROLLMENT PENALTY THROUGH DECEMBER 31, 2007. (a) Extension of Medicare Prescription Drug Initial Enrollment Periods for 2006 and 2007.--Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)) is amended-- (1) in subparagraph (B)(iii), by inserting ``subparagraph (D) and'' after ``Subject to''; and (2) by adding at the end the following new subparagraph: ``(D) Extension of initial enrollment periods.--For purposes of subparagraph (B)(iii), in applying section 1851(e)(1), with respect to the annual, coordinated election period-- ``(i) for 2006, such period shall begin on November 15, 2005, and end on November 14, 2006; and ``(ii) for 2007, such period shall begin on November 15, 2006, and end on November 14, 2007.''. (b) Suspension of Late Enrollment Penalty Through December 31, 2007.--Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w- 113(b)(3)(B)) is amended by inserting ``(after December 2007)'' after ``any month''. SEC. 2. OPEN ENROLLMENT AND DISENROLLMENT IN PRESCRIPTION DRUG PLANS ALLOWED DURING FIRST 12 MONTHS OF ENROLLMENT. Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w- 101(b)(1)) is amended by adding at the end the following new subparagraph: ``(D) Open enrollment and disenrollment period for first 12 months of enrollment.--In establishing the process under subparagraph (A), in the case of a part D eligible individual who initially enrolls under section 1860D-1(a) in a prescription drug plan on or after the date of enactment of this paragraph, the Secretary shall permit such individual to change such enrollment into another prescription drug plan once at any time during the first 12 months of such initial enrollment (other than during an annual, coordinated election period referred to in section 1860D- 1(b)(1)(B)(iii)).''. SEC. 3. LIMITATIONS ON CHANGING PRESCRIPTION DRUG PLAN FORMULARIES; NOTICE OF CHANGE IN FORMULARY. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i); ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; or ``(IV) has been determined to be ineffective during such period. ``(iii) Notice of removal under application of exception to limitation.--The PDP sponsor of a prescription drug plan shall provide appropriate notice (such as under subsection (a)(3)) of any removal or change under clause (ii) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (b) Notice of Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee at the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act.

Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to: (1) extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit; (2) suspend the late enrollment penalty through December 31, 2007; and (3) permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment. Prohibits a PDP sponsor, beginning with 2006, from removing a covered part D drug from the plan formulary, or imposing a restriction or limitation on the coverage of such a drug, other than at the beginning of each plan year, except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. Requires each PDP sponsor to furnish to each plan enrollee, at the time of each annual coordinated election period, a notice of any changes in the formulary or other part D drug coverage restrictions or limitations that will take effect for the upcoming plan year.

To amend part D of title XVIII of the Social Security Act to extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit and suspend the late enrollment penalty through December 31, 2007, to permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Desegregation Litigation Reform Act of 1996''. SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES. (a) In General.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712) is amended to read as follows: ``Sec. 213. Appropriate remedies in school cases ``(a) Requirements for Relief.-- ``(1) Prospective relief.--(A) A Federal court shall not have jurisdiction to award prospective relief in any civil action with respect to the operation of public schools that extends further than necessary to remedy the violation of a Federal right of a plaintiff. ``(B) A Federal court shall not have jurisdiction to grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(C) A Federal court shall not have jurisdiction to order any prospective relief that requires or permits a government official to exceed authority under State or local law or otherwise violates State or local law, unless-- ``(i) Federal law requires such relief to be ordered in violation of State or local law; ``(ii) the relief is necessary to remedy a violation of a Federal right; and ``(iii) no other relief will remedy the violation of a Federal right. ``(D) Nothing in this section shall be construed to authorize a Federal court, in exercising its remedial powers, to order the assignment of students to particular schools on the basis of race, color, or national origin, to order the raising of taxes, or to repeal, or make less restrictive from otherwise applicable limitations, the remedial powers of the courts. ``(2) Student assignment orders.--(A) In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter a student assignment order unless-- ``(i) a Federal court has previously entered an order for less intrusive relief that has failed to remedy the violation of the Federal right sought to be remedied through the student assignment order; and ``(ii) the defendant has had a reasonable time to comply with the previous court order. ``(B)(i) In any civil action with respect to the operation of the public schools, a student assignment order shall be entered only by a three-judge court in accordance with section 2284 of title 28, United States Code. ``(C) A party seeking a student assignment order in a Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (a) have been met. ``(D) The three-judge court shall enter a student assignment order only if the court finds by clear and convincing evidence that-- ``(i) the requirements of subparagraph (a) have been met; and ``(ii) no other relief will remedy the violation of the Federal right. ``(b) Termination of Relief.-- ``(1) Termination of prospective relief.--(A) Subject to the limitation set forth in paragraph (3), in any civil action with respect to the operation of the public schools in which prospective relief is ordered, such relief shall be terminated upon the motion of any party or intervenor-- ``(i) 2 years after the date the court granted or approved the prospective relief; or ``(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph. ``(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminable under subparagraph (A). ``(2) Immediate termination of prospective relief.--In any civil action with respect to the operation of the public schools, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(3) Limitation.--(A) Prospective relief shall not terminate if the court previously entered the prospective relief after finding it necessary to remedy a violation of a Federal right and the plaintiff establishes by a preponderance of the evidence that prospective relief remains necessary to remedy a current and ongoing violation of that Federal right. The court shall not permit discovery. ``(B) Nothing in this section shall prevent any plaintiff from bringing a new civil action with respect to the operation of the public schools against a party to a pending civil action with respect to the operation of the public schools for a new violation of a Federal right, or obtaining prospective relief consistent with the provisions of this section for such a new violation. If a new action is brought in Federal court, it shall not be heard by any judge who has previously entered an order for prospective relief in a civil action that has been in effect for longer than 2 years with respect to the operation of the public schools. ``(4) Termination or modification of relief.--Nothing in this section shall prevent any party or intervenor from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. ``(c) Settlements.-- ``(1) Consent decrees.--In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). ``(2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a). ``(d) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to the operation of the public schools. ``(e) Special Masters.--In any civil action with respect to the operation of public schools-- ``(1) In general.--(A) The court may appoint a special master who shall be disinterested and objective to conduct hearings on the record and prepare proposed findings of fact. ``(B) The court shall appoint a special master during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. ``(2) Appointment.--(A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant and the plaintiff each submit a list of not more than 5 persons to serve as a special master. ``(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. ``(C) The court shall select the master from the persons remaining on the list after the application of subparagraph (B). ``(D) If the court determines that the persons remaining on the list are not qualified to serve as special master, the court may appoint a person not on the list with the consent of all parties. ``(3) Interlocutory appeal.--Any party shall have the right to an interlocutory appeal of the judge's selection of the special master, on the ground of partiality. ``(4) Compensation.--The compensation to be allowed to a special master shall be based on an hourly rate not greater than the hourly rate established under section 3006A of title 18 for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the judiciary. In no event shall the court require the parties to pay the compensation or costs of the special master. ``(5) Regular review of appointment.--The court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. ``(6) Limitations on powers and duties.--A special master appointed in any civil action with respect to the operation of public schools-- ``(A) may be authorized by a court to conduct hearings on the record and shall make any findings of fact based on the record as a whole; ``(B) shall not make any findings or communications ex parte; and ``(C) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. ``(7) The requirements of paragraphs (1) through (4) shall apply only to special masters appointed after the date of enactment of School Desegregation Litigation Reform Act of 1996. ``(f) Intervention.--In any civil action with respect to the operation of public schools, any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, public schools shall have standing to oppose the imposition or continuation in effect of prospective relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief. ``(g) Definitions.--As used in this section-- ``(1) the term `consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties, but does not include private settlement agreements; ``(2) the term `civil action with respect to the operation of public schools' means any civil proceeding arising under Federal law with respect to the operation of any public school system by any State or local government that alleges that the public school system has been or is being operated in violation of the 5th or 14th amendment rights or any other provision of Federal law that guarantees equal educational opportunity; ``(3) the term `student assignment order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of directing or regulating the particular public school to which students are assigned to attend; ``(4) the term `private settlement agreement' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that was concluded as a result of the agreement entering into force; ``(5) the term `prospective relief' means all relief other than compensatory monetary damages, including the appointment of a special master; ``(6) the term `special master' means any person appointed by a Federal court pursuant to rule 53 of the Federal Rules of Civil Procedure or pursuant to any power of the court to exercise the powers of a master, regardless of the title or description given by the court; ``(7) the term `relief' means all relief in any form that may be ordered or approved by the court, and includes consent decrees but does not include private settlement agreements; and ``(8) the term `violation of a Federal right' includes a violation of a Federal constitutional or Federal statutory right, but does not include a violation of a court order that is not independently a violation of a Federal constitutional or Federal statutory right.''. (b) Application of Amendment.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, shall apply with respect to all prospective relief whether such relief was originally ordered or approved before, on, or after the date of the enactment of this Act. SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED. Section 204 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1703) is amended to read as follows: ``Sec. 204. Denial of equal educational opportunity prohibited ``No State shall deny equal educational opportunity to an individual on account of race, color, or national origin, by-- ``(1) the intentional segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; ``(2) the assignment or transfer by the State, the courts of any State, any educational agency or official thereof, or any Federal agency or official thereof of a student to a school, other than the one closest to the place of residence within the school district in which the student resides, if the assignment was made on the basis of race, color, or national origin, of students among schools in the school district, including assignments made for the purpose of attaining a balance on the basis of race, color, or national origin, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right; or ``(3) the modification of the lines drawn by the State, subdividing its territory into separate school districts, if the modification was made for the purpose of attaining a balance, on the basis of race, color, or national origin, of students among public schools, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right.''. SEC. 4. CONFORMING AMENDMENTS. (a) Policy.--Section 202 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1701) is amended-- (1) in subsection (a), by striking ``(a) The'' and inserting ``The''; and (2) by striking subsection (b). (b) Findings.--Section 203(b) of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) by striking ``elimination of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.'', and inserting ``denial of equal educational opportunity, limit the jurisdiction of the Federal courts over the operations of public schools, and prohibit the use of race, color, or national origin as a basis for making school assignments.''. (c) Civil Actions.--Section 207 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1706) is amended by-- (1) inserting ``or a school district in which such an individual resides on behalf of such an individual, or any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, a school district in which such an individual resides on behalf of such an individual,'' after ``this part'' in the first sentence; and (2) striking ``institute a civil action'', and inserting ``institute or intervene in a civil action''. (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational Opportunities Act of 1974 are repealed.

School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. Revises prohibitions against State denial of equal educational opportunity. Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in (as well as institute) such civil actions.

School Desegregation Litigation Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity of Electric Capacity Resources Act''. SEC. 2. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY RESOURCES. Title II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 224. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY RESOURCES. ``(a) Definitions.--In this subsection: ``(1) Bulk-power system; transmission organization.--The terms `bulk-power system' and `transmission organization' have the meaning given the terms in section 215. ``(2) Electric capacity resource.--The term `electric capacity resource' means an electric generating resource, as measured by the maximum load-carrying ability of the resource, exclusive of station use and planned, unplanned, or other outage or derating. ``(3) Regional reliability coordinator.--The term `regional reliability coordinator' has the meaning given the term `reliability coordinator' (as defined by the Electric Reliability Organization). ``(b) Electric Capacity Resources Report.-- ``(1) Notice.--Not later than 14 days after the date of enactment of this section, the Commission shall submit to each transmission organization with a tariff on file with the Commission that includes provisions addressing the procurement of electric capacity resources notice that the transmission organization is required to file with the Commission a report in accordance with paragraph (2). ``(2) Report.--Not later than 180 days after the date on which a transmission organization receives a notice under paragraph (1), the transmission organization shall submit to the Commission a report that-- ``(A)(i) identifies electric capacity resources that are available to the transmission organization as of the date of the report; and ``(ii) describes the fuel sources and operational characteristics of each electric capacity resource identified under clause (i); ``(B) evaluates, using generally accepted metrics, the financial health, viability, and projected remaining years of service of the available electric capacity resources identified under subparagraph (A)(i); ``(C) identifies-- ``(i) over the short- and long-term periods in the planning cycle of the transmission organization, announced and projected retirements of the available electric capacity resources; ``(ii) the projected future needs of the transmission organization for electric capacity resources; and ``(iii) the availability of transmission facilities and transmission support services necessary to provide for the transmission organization reasonable assurances of essential reliability services, including adequate voltage support; ``(D) assesses the current and projected status of the reliability of the elements of the bulk-power system under the control of the transmission organization, over the short- and long-term periods in the planning cycle of the transmission organization (including the current and projected status of electric capacity resources), as determined by the regional reliability coordinator that has been designated by the Electric Reliability Organization to have oversight over the bulk-power system elements under the control of the transmission organization; and ``(E) prior to the submission of the report, has been made available to members of the transmission organization and to the public for comment. ``(c) Tariff Amendments.-- ``(1) In general.--Not later than 180 days after the date on which the Commission receives a report submitted under subsection (b), the transmission organization that submitted the report shall file with the Commission-- ``(A) 1 or more tariff amendments that would achieve each of the objectives described in paragraph (2) with respect to the transmission organization; and ``(B) supporting information that demonstrates the manner in which the amendments would achieve each of those objectives, taking into account the report submitted under subsection (b)(2). ``(2) Objectives.--The objectives referred to in paragraph (1) are the following: ``(A) A diverse generation portfolio and the availability of transmission facilities and transmission support services necessary to provide reasonable assurances of a continuous supply of electricity for customers of the transmission organization at the proper voltage and frequency. ``(B) An enhanced opportunity for self-supply of electric capacity resources by electric cooperatives, Federal power marketing agencies, and State utilities with a service obligation (as those terms are defined in section 217(a)), with the term `self-supply' to be defined in the supporting information filed under paragraph (1). ``(C) A reasonable assurance of short- and long- term reliability, with the terms `short-term reliability' and `long-term reliability' to be defined by the applicable regional reliability coordinator referred to in subsection (b)(2)(D). ``(D) A reasonable likelihood of prudent investment in, and adequate fuel supply for, existing and future electric capacity resources over the short- and long- term periods in the planning cycle identified in the applicable report submitted under subsection (b)(2).''. SEC. 3. ACTIVITIES CARRIED OUT UNDER AN AUTHORIZATION DURING WAR OR EMERGENCY. Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended-- (1) in the first sentence, by striking ``(c) During'' and inserting the following: ``(c) Authorization During War or Emergency.-- ``(1) In general.--During''; and (2) by adding at the end the following: ``(2) No liability.--Any person subject to an order issued under this subsection shall not be liable for actions carried out in compliance with the order.''.

Continuity of Electric Capacity Resources Act This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to notify transmission organizations that they must file an electric capacity resources report if they have a tariff on file that addresses the procurement of electric capacity resources. Report contents must: identify electric capacity resources available to the transmission organization; describe the fuel sources and operational characteristics of each electric capacity resource; evaluate the financial health, viability, and projected remaining years of service of these available electric capacity resources; and assess the current and projected reliability of the elements of the bulk-power system under the transmission organization's control. Subsequent to this report, transmission organizations must also submit tariff amendments that would achieve specified objectives, including a diverse generation portfolio and the availability of transmission facilities and transmission support services that would provide a continuous supply of electricity for customers. The bill shields any person from liability for actions taken to comply with a FERC order for temporary connections and exchanges of facilities during war or an energy emergency.

Continuity of Electric Capacity Resources Act

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.

To prioritize the payment of pay and allowances to members of the Armed Forces and Federal law enforcement officers in the event the debt ceiling is reached or there is a funding gap.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Access and Refundability Expansion Act'' or as the ``Child CARE Act''. SEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES. (a) Credit Made Refundable.-- (1) In general.--The Internal Revenue Code of 1986 is amended by redesignating section 21 as section 36C and by moving such section after section 36B. (2) Credit not allowed for services provided outside the united states.--Section 36C(b)(2)(A) of such Code, as redesignated by this section, is amended by adding at the end the following: ``Such term shall not include any amount paid for services provided outside the United States.''. (3) Conforming amendments.-- (A) Section 23(f)(1) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (B) Section 35(g)(6) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (C) Section 36C(a)(1) of such Code, as redesignated by this section, is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Section 129(a)(2)(C) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (E) Section 129(b)(2) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (F) Section 129(e)(1) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (G) Section 213(e) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (H) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (I) Section 6213(g)(2)(H) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (J) Section 6213(g)(2)(L) of such Code is amended by striking ``section 21, 24, 32, or 6428'' and inserting ``section 24, 32, 36C, or 6428''. (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (L) The table of sections for subpart A 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 21. (M) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as redesignated by this section, is amended-- (1) by striking ``$3,000'' in paragraph (1) and inserting ``$8,000'', and (2) by striking ``$6,000'' in paragraph (2) and inserting ``twice the dollar amount in effect under paragraph (1)''. (c) Credit Allowed for 50 Percent of Qualified Expenses.--Section 36C(a)(2) of such Code, as redesignated by this section, is amended by striking ``35 percent'' and all that follows and inserting ``50 percent.''. (d) Income Limitation.--Section 36C(a) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(3) Income limitation.--No credit shall be allowed under paragraph (1) with respect to any taxpayer for any taxable year if the taxpayer's adjusted gross income for such taxable year exceeds $200,000.''. (e) Inflation Adjustment of Dollar and Income Limitations.--Section 36C(e) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(11) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in subsection (c)(1) and the $200,000 amount in subsection (a)(3) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $100.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT. ``(a) In General.--For the purposes of section 38, the child care center education credit determined under this section for the taxable year is an amount equal to 50 percent of so much of the child care educational expenses paid or incurred by the taxpayer with respect to the operation of a qualified child care center during the taxable year. ``(b) Limitation.--The child care educational expenses taken into account under subsection (a) with respect to any eligible employee of the taxpayer for any taxable year shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Child care educational expenses.-- ``(A) In general.--The term `child care educational expenses' means, with respect to any eligible employee, expenses paid or incurred by the taxpayer to an eligible educational institution (as defined in section 25A(f)(2)) for classes related to early childhood education or development or child care certification. ``(B) Eligible employee.--The term `eligible employee' means any employee of the taxpayer whose primary job function is providing care to children in a qualified child care center. ``(2) Qualified child care center.--The term `qualified child care center' means any dependent care center (as defined in section 36C(b)(2)(D)) located in the United States which meets the requirements of section 36C(b)(2)(C)(i). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for the portion of the expenses otherwise allowable as a deduction that are taken into account in determining the credit under this section for the taxable year.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the child care center education credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Child care center education credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such credit for services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year; and (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50% of the child care educational expenses, up to a maximum of $1,000 in any taxable year, paid with respect to the operation of a qualified child care center.

Child CARE Act

16, 110th Congress, agreed to in the Senate March 1, 2007, and House Concurrent Resolution 80, 110th Congress, agreed to in the House of Representatives June 18, 2007. SEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DISARMING THE LORD'S RESISTANCE ARMY. (a) Requirement for Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate committees of Congress a regional strategy to guide United States support for multilateral efforts to protect civilians from attacks by the Lord's Resistance Army, to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army, and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. (b) Content of Strategy.--The strategy should include the following: (1) A viable plan to protect civilians from attacks by the Lord's Resistance Army and eliminate the threat posed by the Lord's Resistance Army, while building institutions in the affected areas that can help to maintain the rule of law and prevent conflict in the long term. (2) An interagency framework to plan, coordinate, and execute all diplomatic economic, intelligence, and military elements of United States policy across the region regarding the Lord's Resistance Army. (3) A description of the type and form of diplomatic engagement to work with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact, and to coordinate the implementation of United States policy toward the Lord's Resistance Army across the region. (4) A description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region. (5) A framework to evaluate the progress and effectiveness of the United States strategy toward eliminating the threat posed by the Lord's Resistance Army. (c) Form.--The strategy under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY THE LORD'S RESISTANCE ARMY. (a) Authority.--In accordance with section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by the activity of the Lord's Resistance Army. (b) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for fiscal year 2010 to carry out this section. SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA. (a) Authority.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda-- (1) to assist internally displaced people in transition and returnees to secure durable solutions by spurring economic revitalization, supporting livelihoods, helping to alleviate poverty, and advancing access to basic services at return sites, specifically clean water, health care, and schools; (2) to enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda with regard to budget management, provision of public goods and services, and related oversight functions; (3) to strengthen the operational capacity of the civilian police in northern Uganda to enhance public safety, prevent crime, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses; (4) to rebuild and improve the capacity of the justice system in northern Uganda, including the courts and penal systems, with particular sensitivity to the needs and rights of women and children; (5) to establish mechanisms for the disarmament, demobilization, and reintegration of former combatants, including vocational education and employment opportunities; and (6) to promote programs to address psychosocial trauma, particularly post-traumatic stress disorder. (b) Future Year Funding.--It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Uganda demonstrates a commitment to transparent and accountable reconstruction in war-affected areas of northern and eastern Uganda, specifically by-- (1) finalizing the establishment of mechanisms within the Office of the Prime Minister to sufficiently manage and coordinate the programs under the framework of the Peace Recovery and Development Plan for Northern Uganda (PRDP); (2) increasing oversight activities and reporting to ensure funds under the Peace Recovery and Development Plan for Northern Uganda framework are used efficiently and with minimal waste; and (3) committing substantial funds of its own, above and beyond standard budget allocations to local governments, to the task of implementing the Peace Recovery and Development Plan for Northern Uganda such that communities affected by the war can recover. (c) Coordination With Other Donor Nations.--The United States should work with other donor nations, on a bilateral and multilateral basis, to increase contributions for recovery efforts in northern Uganda and strengthen accountability mechanisms to ensure the transparent and timely use of those funds. (d) Termination of Assistance.--It is the sense of Congress that the Secretary of State should withhold bilateral assistance to the Republic of Uganda for the purposes described under this section if the Secretary determines that the Government of Uganda is not committed to transparent and accountable reconstruction and reconciliation in the war-affected areas of northern and eastern Uganda. SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN NORTHERN UGANDA. (a) Sense of Congress.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda to advance efforts to promote transitional justice and reconciliation on both local and national levels, including to implement the following mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the Government of Uganda and the Lord's Resistance Army/Movement, signed at Juba February 19, 2008, namely-- (1) a body to investigate the history of the conflict, inquire into human rights violations committed during the conflict by all sides, promote truth-telling in communities, and encourage the preservation of the memory of events and victims of the conflict through memorials, archives, commemorations, and other forms of preservation; (2) a special division of the High Court of Uganda to try individuals alleged to have committed serious crimes during the conflict, and a special unit to carry out investigations and prosecutions in support of trials; (3) a system for making reparations to victims of the conflict; and (4) a review and strategy for supporting transitional justice mechanisms in affected areas to promote reconciliation and encourage individuals to take personal responsibility for their conduct during the war. (b) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2012 to carry out this section. SEC. 8. REPORT. (a) Report Required.--Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3. (b) Contents.--The report required under section (a) shall include-- (1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4; (2) a description of assistance provided under section 5 and section 6; (3) an evaluation of bilateral assistance provided to the Republic of Uganda and associated programs in light of stated policy objectives; (4) a description of the status of the Peace Recovery and Development Plan for Northern Uganda and the progress of the Government of Uganda to take the steps outlined in section 6(b); and (5) a description of amounts of assistance committed, and amounts provided, to northern Uganda during the reporting period by the Government of Uganda, each donor country, and all relevant organizations. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' 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. (2) Great lakes region.--The term ``Great Lakes Region'' means the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda. (3) LRA-affected areas.--The term ``LRA-affected areas'' means the territory affected by the activity of the Lord's Resistance Army in the past and as of the date of the enactment of this Act, comprising all or parts of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic.

Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - Directs the President to submit to the appropriate congressional committees a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA) and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. Authorizes the President to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by LRA activity. Expresses the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development (USAID) should work with the appropriate congressional committees to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern and eastern Uganda. Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) promote local and national reconciliation including mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA; and (2) assist internally displaced people, establish mechanisms for the demobilization and reintegration of former combatants, and enhance the competency of local institutions including the police.

To support stabilization and lasting peace in northern Uganda and areas affected by the Lord's Resistance Army through development of a regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by the Lord's Resistance Army and to authorize funds for humanitarian relief and reconstruction, reconciliation, and transitional justice, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Armed conflicts in the Middle East have created refugee populations numbering in the millions and comprised of peoples from many ethnic, religious, and national backgrounds. (2) Jews have lived mostly as a minority in the Middle East, North Africa, and the Persian Gulf region for more than 2,500 years. (3) The United States has long voiced its concern about the mistreatment of minorities and the violation of human rights in the Middle East and elsewhere. (4) The United States continues to play a pivotal role in seeking an end to the Arab-Israeli conflict in the Middle East and to promoting a peace that will benefit all the peoples of the region. (5) United States administrations historically have called for a just solution to the Palestinian refugee problem. (6) The Palestinian refugee issue has received considerable attention from countries of the world while the issue of Jewish refugees from the Arab and Muslim worlds has received very little attention. (7) A comprehensive peace in the region will require the resolution of all outstanding issues through bilateral and multilateral negotiations involving all concerned parties. (8) Approximately 850,000 Jews were displaced from Arab countries since the declaration of the State of Israel in 1948. (9) The United States has demonstrated interest and concern about the mistreatment, violation of rights, forced expulsion, and expropriation of assets of minority populations in general, and, in particular, former Jewish refugees displaced from Arab countries as evidenced, inter alia, by-- (A) the Memorandum of Understanding signed by President Jimmy Carter and Israeli Foreign Minister Moshe Dayan on October 4, 1977, which states that ``[a] solution of the problem of Arab refugees and Jewish refugees will be discussed in accordance with rules which should be agreed''; (B) after negotiating the Camp David Accords, the Framework for Peace in the Middle East, the statement by President Jimmy Carter in a press conference on October 27, 1977, that ``Palestinians have rights . . . obviously there are Jewish refugees . . . they have the same rights as others do''; and (C) in an interview after Camp David II in July 2000, at which the issue of Jewish refugees displaced from Arab lands was discussed, the statement by President Clinton that ``There will have to be some sort of international fund set up for the refugees. There is, I think, some interest, interestingly enough, on both sides, in also having a fund which compensates the Israelis who were made refugees by the war, which occurred after the birth of the State of Israel. Israel is full of people, Jewish people, who lived in predominantly Arab countries who came to Israel because they were made refugees in their own land.''. (10) On April 1, 2008, the House of Representatives passed House Resolution 185, expressing the sense of the House of Representatives that-- (A) for any comprehensive Middle East peace agreement to be credible and enduring, the agreement must address and resolve all outstanding issues relating to the legitimate rights of all refugees, including Jews, Christians, and other populations, displaced from countries in the Middle East; and (B) the President should instruct the United States Representative to the United Nations and all United States representatives in bilateral and multilateral fora to-- (i) use the voice, vote, and influence of the United States to ensure that any resolutions relating to the issue of Middle East refugees, and which include a reference to the required resolution of the Palestinian refugee issue, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries; and (ii) make clear that the United States Government supports the position that, as an integral part of any comprehensive Arab-Israeli peace, the issue of refugees from the Middle East, North Africa, and the Persian Gulf must be resolved in a manner that includes recognition of the legitimate rights of and losses incurred by all refugees displaced from Arab countries, including Jews, Christians, and other groups. (11) The international definition of a refugee clearly applies to Jews who fled the persecution of Arab regimes, where a refugee is a person who ``owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country'' (the 1951 Convention relating to the Status of Refugees). (12) On January 29, 1957, the United Nations High Commissioner for Refugees (UNHCR), determined that Jews fleeing from Arab countries were refugees who fell within the mandate of the UNHCR. (13) Subsequently, in a second UNHCR declaration, Dr. E. Jahn of the Office of the United Nations High Commissioner stated, on July 6, 1967: ``I refer to our recent discussion concerning Jews from Middle Eastern and North African countries in consequence of recent events. I am now able to inform you that such persons may be considered prima facie within the mandate of this Office.''. (14) United Nations Security Council Resolution 242 of November 22, 1967, calls for a ``just settlement of the refugee problem'' without distinction between Palestinian and Jewish refugees, and this is evidenced by the following: (A) On November 16, 1967, the United Kingdom submitted a draft of Resolution 242 (S/8247) to the United Nations Security Council. This United Kingdom draft called for a just settlement of ``the refugee problem''. The Soviet Union submitted its own draft of Resolution 242 (S/8253) to the United Nations Security Council four days later which restricted the just settlement to only ``Palestinian refugees''. (B) On November 22, 1967, the United Nations Security Council unanimously approved the draft of Resolution 242 advanced by the United Kingdom. It thus rejected the limitation proposed by the Soviet Union and accepted the broader notion of a ``just settlement of the refugee problem'' arising out of the Middle East conflict to include Palestinian and Jewish refugees. (C) Justice Arthur Goldberg, the United States Chief Delegate to the United Nations at that time, who was instrumental in drafting the unanimously adopted Resolution 242, pointed out that ``The Resolution addresses the objective of `achieving a just settlement of the refugee problem'. This language presumably refers both to Arab and Jewish refugees, for about an equal number of each abandoned their homes as a result of the several wars.''. (15) In his opening remarks before the January 28, 1992, organizational meeting for multilateral negotiations on the Middle East in Moscow, United States Secretary of State James Baker made no distinction between Palestinian refugees and Jewish refugees in articulating the mission of the Refugee Working Group, stating that ``[t]he refugee group will consider practical ways of improving the lot of people throughout the region who have been displaced from their homes''. (16) The Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict, which refers in Phase III to an ``agreed, just, fair, and realistic solution to the refugee issue'', uses language that is equally applicable to all persons displaced as a result of the conflict in the Middle East. (17) Israel's agreements with Egypt, Jordan, and the Palestinians have affirmed that a comprehensive solution to the Arab-Israeli conflict will require a just solution to the plight of all refugees. (18) Israel's long-standing position in support of the rights and claims of Jewish refugees from Arab countries and Iran is well-established: (A) On September 28, 1969, Israel adopted Government Decision number 34, in which it set up a special, temporary department in the Ministry of Justice to gather facts and evidence regarding property expropriated and persecution perpetrated on Jews in Egypt, Iraq, Syria, and Yemen. (B) On March 3, 2002, Israel adopted Government Decision number 1544, in which it reaffirmed Government Decision number 34 and expanded it to include Jews who left all Arab countries and Iran. (C) On December 28, 2003, Israel adopted Government Decision number 1250, in which it reaffirmed Government Decisions number 34 and 1544 and directed the Department for the Rights of Jews from Arab Countries in the Ministry of Justice to continue collecting information on property expropriated and persecution perpetrated on Jews in Arab countries, create a centralized database of this information, and publish this information to encourage parties to come forward. (19) Recently, in February 2010, the Israeli Knesset adopted a law preserving the rights for compensation for Jewish refugees who originated from Arab countries and Iran. According to this law, the Israeli government and its prime minister are instructed to raise the issue of compensation for private and communal property during negotiations. (20) The initiative to secure rights and redress for Jews who were forced to flee Arab countries does not conflict with the right of Palestinian refugees to claim redress. (21) All countries should be aware of the plight of Jews and other minority groups displaced from countries in the Middle East, North Africa, and the Persian Gulf. (22) An international campaign has been proceeding in some 20 countries to record the history and legacy of Jewish refugees from Arab countries. (23) A just, comprehensive Arab-Israeli peace cannot be reached without addressing the uprooting of centuries-old Jewish communities in the Middle East, North Africa, and the Persian Gulf. (24) It would be inappropriate and unjust for the United States to recognize rights for Palestinian refugees without recognizing equal rights for Jewish refugees from Arab countries. SEC. 2. REPORT. Not later than 1 year after the date of the enactment of this Act, and every two years thereafter, the President shall submit to Congress a report on the following: (1) Actions the executive branch has taken to fulfill the sense of the House of Representatives, as contained in paragraph (2) of the first section of House Resolution 185 (as passed the House of Representatives on April 1, 2008) and described in section 1(10)(B) of this Act. (2) Actions the executive branch has taken to use the voice, vote, and influence of the United States to ensure that any statements that include a reference to the required resolution of the Palestinian refugee issue by the Quartet on the Middle East, which includes the United Nations, the United States, the European Union, and Russia, must also include a similarly explicit reference to the resolution of the issue of Jewish refugees from Arab countries. (3) Assistance the United States has provided to Israel to help it accomplish its goal that the interests of Jews displaced from Arab countries are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace. (4) Recommended actions that would ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.

Directs the President to report to Congress every two years regarding executive branch actions taken to ensure that the interests of all refugees displaced from Arab countries, including Jews, Christians, and other groups, are considered in any final settlement of the Middle East refugee question that is part of any comprehensive Arab-Israeli peace.

To direct the President to submit to Congress a report on actions the executive branch has taken relating to the resolution of the issue of Jewish refugees from Arab countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Care Corps Act of 2014''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corps.--The term ``Corps'' means the National Care Corps established under section 3 of this Act. (2) Director.--The term ``Director'' means the Director of the Corps appointed under section 3(b)(1) of this Act. (3) Local care corps program.--The term ``local Care Corps program'' means a program funded with a grant awarded under section 10(b) of this Act that hosts Corps members and arranges for them to provide approved services to individuals in need. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS. (a) In General.--There is established in the Department of Health and Human Services a program to be known as the ``National Care Corps'' through which Corps members provide approved services to individuals in need via participation in local Care Corps programs. (b) Staff.-- (1) Appointment of director.--The Secretary, acting through the Administrator for Community Living, shall appoint a Director of the Corps. (2) Duties of director.--The Director shall-- (A) design, develop, and administer Corps programs; (B) manage the daily operations of the Corps; and (C) report to the Administrator for Community Living. (3) Authority to employ staff.--The Director may employ such staff as is necessary to carry out this Act. SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS. (a) In General.-- (1) Selection.--The Director shall select eligible individuals for membership in the Corps. (2) Nondiscrimination.--In selecting Corps members, the Director shall comply with all applicable provisions of State and Federal laws and regulations pertaining to nondiscrimination and equal employment opportunity. (b) Eligible Individuals.--To be eligible for membership in the Corps, an individual shall-- (1) be at least 18 years of age on or before December 31 of the calendar year in which the individual begins participation in the Corps; (2) agree to participate in the Corps for a period of not more than 24 months; (3) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; (4) pass a criminal background check as described in subsection (c); and (5) agree to comply with such terms and conditions as the Director may require. (c) Criminal Background Check.-- (1) In general.--Before selecting any individual for membership in the Corps, the Director shall request a criminal background check of such individual. (2) Membership prohibitions.--An individual shall be ineligible to be a Corps member if-- (A) such individual refuses to consent to the criminal background check; or (B) the criminal background check does not demonstrate to the Director's satisfaction that such individual is fit for Corps service. SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS. (a) In General.--The Director shall provide for members of the Corps to receive allowances, health insurance, and post-service educational awards authorized by this section. (b) Allowances.--The Director shall provide each Corps member with such living, travel, and leave allowances, and such housing transportation, supplies, equipment, and subsistence as the Director may determine to be necessary for the member's maintenance and to ensure the member's health and capacity to serve effectively. (c) Health Insurance.-- (1) In general.--The Director shall provide for each Corps member to receive health insurance coverage. (2) Minimum essential coverage.--The health insurance coverage described paragraph (1) shall meet the requirements of section 5000A(f) of the Internal Revenue Code of 1986. (d) Post-Service Educational Award.-- (1) In general.--The Director shall establish an educational award for Corps members. (2) Amounts.-- (A) Amount for full-time service.--In the case of a Corps member who completes a 12-month term of full-time service as determined by the Director, such member shall receive an educational award having a value equal to the maximum amount of a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations) for the award year. A Corps member may receive up to 2 such awards. (B) Amount for other periods of service.--In the case of a Corps member who completes less than a 12- month term of full-time service as determined by the Director, such member may receive a portion of the educational award described in subparagraph (A) that corresponds to the quantity of service actually completed by the member. (3) Uses of award.--An educational award shall be used to pay-- (A) costs of attendance at an institution of higher education; or (B) government or commercial loans received by an individual for costs of attendance at an institution of higher education. (4) Definitions.--For purposes of this subsection, the following definitions shall apply: (A) Cost of attendance.--The term ``cost of attendance'' has the meaning given such term by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Regulations.--The Director shall issue any regulations that the Director determines to be necessary to carry out this section. SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH DISABILITIES. (a) Assignment of Corps Members.-- (1) In general.--The Director shall assign each Corps member to participate in a local Care Corps program. (2) Priority of assignment.--In assigning Corps members to local Care Corps programs, the Director shall assign not less than 20 percent of members to programs that serve geographic areas in which the Director determines there is a shortage of approved services available to individuals in need, with consideration given to low-income and minority populations. (b) Services Provided by Corps Members.-- (1) In general.--Corps members may only provide approved services to individuals in need through participation in local Care Corps programs. (2) Approved services.--Approved services are services provided directly to individuals in need in home-based settings that-- (A) result in person-to-person, supportive relationships with each individual served; (B) support the achievement and maintenance of the highest level of independent living for each individual in need; (C) are meaningful to the Corps member; and (D) are supported by appropriate orientation, training, and supervision. (3) Prohibited services.--In performing duties as a Corps member, no member shall provide-- (A) professional medical services; (B) administrative support services to a local Corps program; (C) care in an institutional setting; (D) care prohibited under State law; or (E) any other services determined by the director to be inconsistent with the purposes of the Corps. (4) Guidance regarding scope of services.--The Director may issue guidance describing the scope of services that may be provided by Corps members. In issuing such guidance, the Director shall provide for a public notice and comment period of not less than 30 days before issuing the guidance in final form. (c) Individual in Need.--The term ``individual in need'' means an individual who-- (1) is at least 65 years of age or has a disability as defined in section 3 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102); (2) has difficulty with self-care; and (3) meets such other criteria as the Director determines to be appropriate. SEC. 7. TRAINING AND STANDARDS OF CONDUCT. (a) Pre-Assignment Training Program.--The Director shall develop a training program that provides Corps members with instruction in the skills necessary to carry out an assignment in a local Care Corps program. Such training program shall include-- (1) at least 20 hours of instruction for each Corps member; and (2) any other requirements the Director determines to be appropriate. (b) Standards of Conduct.--The Director shall establish and enforce standards to promote proper conduct and discipline within the Corps. SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW. (a) In General.--Except as otherwise provided in this section, members of the Corps shall not, by reason of their status as members, be treated as Federal employees or be subject to the provisions of law relating to Federal employment. (b) Work-Related Injuries.-- (1) In general.--For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, members of the Corps shall be treated as employees of the United States within the meaning of the term ``employee'', as defined in section 8101 of such title. (2) Special rule.--In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to a member of the Corps, the member shall not be treated to be in the performance of duty while absent from the member's assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director. (c) Tort Claims Procedure.--A member of the Corps shall be treated as an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. SEC. 9. REPORTING REQUIREMENTS. The Secretary of Health and Human Services, acting through the Administrator for Community Living, shall transmit to Congress at least once in each fiscal year a report on the Corps. At minimum, such report shall include-- (1) a description of the population served by the Corps during the preceding fiscal year; (2) an evaluation of Corps operations; and (3) recommendations, if any, for improving Corps operations. SEC. 10. LOCAL CARE CORPS PROGRAMS. (a) Functions of Local Care Corps Programs.--Local Care Corps programs shall-- (1) conduct in-person orientation and training for Corps members; (2) develop and monitor member assignments, which shall include selecting the individuals in need to be served by Corps members, matching members to assignments, and supervising members; (3) maintain records and prepare reports as required by the Director; and (4) carry out any other activities determined to be appropriate by the Director. (b) Grants for Local Care Corps Programs.--The Director may award grants to qualified entities for the operation of local Care Corps programs. (1) Qualified entity.--The term ``qualified entity'' means a public or private nonprofit entity that is-- (A) part of an aging network, as defined by section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)); (B) a time-banking or volunteer organizing agency; (C) a State, county, or local government; or (D) any other entity determined to be appropriate by the Director. (2) Application process.--To be eligible for a grant under this subsection, a qualified entity shall-- (A) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; and (B) abide by such terms and conditions as the Director determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $350,000,000 for each of the fiscal years beginning after the date of the enactment of this Act. (b) Continued Availability of Funds.--Amounts authorized to be appropriated under subsection (a) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.

National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care.

National Care Corps Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Excessive Oil Speculation Now Act of 2011''. SEC. 2. ELIMINATION OF EXCESSIVE OIL SPECULATION. (a) Findings.--Congress finds that-- (1) the national average retail price for a gallon of gasoline was $3.75 on June 8, 2011; (2) increased gasoline prices are causing severe economic pain to the American people; (3) Congress has a responsibility-- (A) to ensure that gasoline prices at the pump reflect the fundamentals of supply and demand; and (B) to bring needed relief to consumers and businesses of the United States at the gas pump; (4) there is mounting evidence that the spike in gasoline prices has-- (A) little to do with the fundamentals of supply and demand; and (B) more to do with Wall Street speculators increasing oil and gas prices in the energy futures and swaps markets; (5) as of May 27, 2011-- (A) the supply of gasoline in the United States was higher than it was 2 years ago; and (B) the demand for gasoline was lower than it was 2 years ago when the national average for a gallon of regular unleaded gasoline was $2.44 a gallon; (6) on May 12, 2011, Exxon Mobil Chairman and Chief Executive Officer, Rex Tillerson, told the Committee on Finance of the Senate that oil should cost between $60 and $70 per barrel, if the price of oil was based on supply and demand fundamentals; (7) on March 21, 2011, Goldman Sachs warned clients that speculators were boosting crude oil prices by as much as $27 a barrel; (8) on March 25, 2011, Delta Airlines General Counsel, Ben Hirst, said that the marginal cost of oil production is between $60 to $70 a barrel; (9) in the summer of 2008, when gas prices rose to over $4 a gallon, Saudi Arabian government officials told the Federal Government that speculators were responsible for increasing oil prices by about $40 a barrel; (10) the Commodity Futures Trading Commission has the authority to ensure that the price discovery for oil and gasoline is based on the fundamentals of supply and demand, rather than excessive speculation; (11) title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) (and amendments made by that Act) requires the Commission to establish position limits ``to diminish, eliminate, or prevent excessive speculation'' for trading in crude oil, gasoline, heating oil and other physical commodity derivatives; (12) as of the date of introduction of this Act, the Commission has failed to impose position limits to diminish, eliminate, or prevent excessive oil and gasoline speculation as required by law; and (13) the proposed position limits for derivatives that the Commission included in the notice of proposed rulemaking entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011)) are not scheduled to go into effect until the first quarter of 2012, which would-- (A) occur on a date that is later than the statutory deadline for the regulations; and (B) fail to diminish, eliminate, or prevent excessive speculation as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376). (b) Elimination of Excessive Oil Speculation.-- (1) Definitions.--In this Act: (A) Bona-fide hedge trading; bona-fide hedge transaction.--The terms ``bona-fide hedge trading'' and ``bona-fide hedge transaction'' means a transaction or position that-- (i)(I) represents a substitute for a transaction made or to be made, or a position taken or to be taken, at a later time in a physical marketing channel; (II) is economically appropriate for the reduction of risks in the conduct and management of a commercial enterprise; and (III) arises from the potential change in the value of-- (aa) assets that a person owns, produces, manufactures, processes, or merchandises or anticipates owning, producing, manufacturing, processing, or merchandising; (bb) liabilities that a person has incurred or anticipates incurring; or (cc) services that a person provides, purchases, or anticipates providing or purchasing; or (ii) reduces risks attendant to a position resulting from a swap that-- (I) was executed opposite a counterparty for which the transaction would qualify as a bona-fide hedging transaction; or (II) meets the requirements of clause (i). (B) Commission.--The term ``Commission'' means the Commodity Futures Trading Commission. (2) Duty of chairman of the commission.--Notwithstanding section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any other provision of law (including regulations), not later than 14 days after the date of enactment of this Act, the Chairman of the Commission shall unilaterally-- (A) establish 1 or more speculative position limits in any registered entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits, as appropriate, established by the New York Mercantile Exchange; (B) establish 1 or more speculative position limits that are equal to the position accountability levels or position limits, as appropriate, established by the New York Mercantile Exchange on the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person, including any group or class of traders, for each month across-- (i) contracts listed by designated contract markets; (ii) with respect to an agreement, contract, or transaction that settles against any price (including the daily or final settlement price) of 1 or more contracts listed for trading on a registered entity, contracts traded on a foreign board of trade that provides members or other participants located in the United States with direct access to the electronic trading and order matching system of the foreign board of trade; and (iii) swap contracts that perform or affect a significant price discovery function with respect to regulated entities; (C) establish margin requirements of 12 percent for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil; (D) require that each bank holding company, investment bank, hedge fund, or swaps dealer engaged in the trading of energy futures or swaps for the benefit of the bank holding company, investment bank, hedge fund, or swaps dealer or on the behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant-- (i) register with the Commission as a noncommercial participant; and (ii) be subject to each position limit and margin requirement under this subsection for each position in a manner by which the position is considered to be a speculative, proprietary position of the bank holding company, investment bank, hedge fund, or swaps dealer; (E) take any other action that the Chairman of the Commission determines to be necessary to eliminate excessive speculation in the aggregate to ensure that the price of crude oil, gasoline, diesel fuel, jet fuel, and heating oil accurately reflects the fundamentals of supply and demand; and (F) ensure that each bank holding company, hedge fund, investment bank, and swaps dealer that is engaged in the trading of energy futures or swaps for the benefit of the bank holding company, hedge fund, investment bank, and swaps dealer, or on the behalf of, or as counterparty to, 1 or more noncommercial participants, abides by each position limit and margin requirement under this subsection. (3) Applicability.--Each position limit and margin requirement under this subsection shall not apply to bona-fide hedge trading. (4) Adjustments.--Notwithstanding section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any other provision of law (including regulations), the Chairman of the Commission may adjust any position limit under this subsection to the extent that the position of all noncommercial participants or speculators (in the aggregate and measured on an annual basis) shall not equal an amount greater than 35 percent of the annual, aggregate position of all traders in such futures and swaps market or markets for crude oil, gasoline, diesel fuel, jet fuel, and heating oil trading. (5) Sunset.-- (A) In general.--This Act, and the authority provided under this Act, shall terminate on the date on which the Commission imposes position limits to diminish, eliminate, or prevent excessive speculation as required by, and increased margin requirements as authorized in, title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) (and amendments made by that Act). (B) Sense of congress.--It is the sense of Congress that, if finalized, the proposed position limits for derivatives that the Commission included in the notice of proposed rulemaking entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011)) are not sufficient to fulfill the statutory requirements of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) (and amendments made by that Act) to diminish, eliminate, or prevent excessive speculation.

End Excessive Oil Speculation Now Act of 2011 - Directs the Chairman of the Commodity Futures Trading Commission (CFTC) to establish speculative position limits: (1) in any registered trading entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits established by the New York Mercantile Exchange (Exchange); and (2) that are equal to the position accountability levels or position limits established by such Exchange upon the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person (including any group or class of traders) for each month across specified contracts, transactions, and swap contracts. Directs the Chairman to: (1) establish margin requirements of 12% for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil; (2) require each bank holding company, investment bank, hedge fund, or swaps dealer trading energy futures or swaps for its own benefit, or on behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant, to register with the CFTC as a noncommercial participant and be subject to position limits and margin requirements under this Act. Exempts bona-fide hedge trading from such position limits and margin requirements. Expresses the sense of Congress that, if finalized, the proposed position limits for derivatives that the CFTC included in a specified notice of proposed rulemaking do not fulfill the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act to diminish, eliminate, or prevent excessive speculation.

To require the Chairman of the Commodity Futures Trading Commission to impose unilaterally position limits and margin requirements to eliminate excessive oil speculation, and to take other actions to ensure that the price of crude oil, gasoline, diesel fuel, jet fuel, and heating oil accurately reflects the fundamentals of supply and demand, to remain in effect until the date on which the Commission establishes position limits to diminish, eliminate, or prevent excessive speculation as required by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Justice Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the Fair Justice Agency (in this Act referred to as the ``Agency''), which shall be an independent agency in the executive branch of the Government. SEC. 3. DIRECTOR. (a) In General.--There is at the head of the Agency a Director, who shall be responsible for the exercise of all powers and the discharge of all duties of the Agency. (b) Appointment.--The Director shall be appointed for a term of ten years by the President, by and with the advice and consent of the Senate, from among persons who, by reason of general background and experience, are specially qualified to manage the full range of responsibilities of the Director. (1) Background check.--The pre confirmation background check for the Director shall be conducted by the law enforcement divisions of the Department of Treasury. (c) Pay.-- (1) In general.--The Director shall be paid at the rate payable for level II of the Executive Schedule. (2) Conforming amendment.--Section 5313 of title 5, United States Code, is amended by adding at the end the following item: ``Director, Fair Justice Agency.''. (d) Travel Expenses.--The Director and individuals appointed under section 5(a) shall receive travel expenses in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Dismissal.-- (1) In general.--The Director may be dismissed only by the President for inefficiency, neglect of duty, or malfeasance in office. (2) Report.--Within five days after dismissing a Director under this subsection, the President shall submit to the Congress a report containing a detailed statement of the reasons for the dismissal. SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY. (a) In General.--The Director may investigate and prosecute any alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice. (b) Specific Functions and Powers.--The authority of the Director under subsection (a) shall include the following: (1) Conducting proceedings before grand juries and other investigations. (2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that the Director considers necessary. (3) Appealing any decision of a court in any case or proceeding in which the Director participates in an official capacity. (4) Reviewing all documentary evidence available from any source. (5) Determining whether to contest the assertion of any testimonial privilege. (6) Receiving appropriate national security clearances and, if necessary, contesting in court (including participating in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security. (7) Making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and for purposes of this Act exercising the authority of a United States attorney or the Attorney General under sections 6003, 6004, and 6005 of title 18, United States Code. (8) Inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of this Act exercising the authority vested in a United States attorney or the Attorney General under section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder. (9) Initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States. (10) Consulting with the United States attorney for the district in which any violation of law being investigated or prosecuted by the Director is alleged to have occurred. SEC. 5. OFFICERS AND EMPLOYEES (a) Officers and Employees.--The Director may appoint and fix the compensation of such officers and employees, including attorneys, as the Director considers appropriate. (b) Applicability of Certain Civil Service Laws.--Such officers and employees shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum rate payable under the General Schedule. SEC. 6. ADMINISTRATIVE POWERS. (a) Rules.--The Director may prescribe such procedural and administrative rules and regulations as the Director deems necessary or appropriate to administer and manage the functions now or hereafter vested in the Director. (b) Reorganization.--The Director may establish, alter, consolidate, or discontinue such organizational units or components within the Agency as the Director considers appropriate. (c) Mails.--The Agency may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Director, the Administrator of General Services shall provide to the Agency, on a reimbursable basis, the administrative support services necessary for the Agency to carry out its responsibilities under this Act. (e) Contract Authority.--The Director may enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with government and private agencies or persons for supplies and services, to the extent or in the amounts provided in advance in appropriation Acts. (f) Seal of Agency.--The Director shall cause a seal of office to be made for the Agency of such design as the Director shall approve. Judicial notice shall be taken of such seal. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 for fiscal year 2003.

Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees.

To establish the Fair Justice Agency as an independent agency for investigating and prosecuting alleged misconduct, criminal activity, corruption, or fraud by an officer or employee of the Department of Justice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Sergei Magnitsky Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States supports the people of the Russian Federation in their efforts to realize their full economic potential and to advance democracy, human rights, and the rule of law. (2) The Russian Federation-- (A) is a member of the United Nations, the Organization for Security and Cooperation in Europe, and the International Monetary Fund; (B) has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Corruption; and (C) is bound by the legal obligations set forth in the European Convention on Human Rights. (3) States voluntarily commit themselves to respect obligations and responsibilities through the adoption of international agreements and treaties, which must be observed in good faith in order to maintain the stability of the international order. Human rights are an integral part of international law, and lie at the foundation of the international order. The protection of human rights, therefore, particularly in the case of a country that has incurred obligations to protect human rights under an international agreement to which it is a party, is not left exclusively to the internal affairs of that country. (4) Good governance and anti-corruption measures are instrumental in the protection of human rights and in achieving sustainable economic growth, which benefits both the people of the Russian Federation and the international community through the creation of open and transparent markets. (5) Systemic corruption erodes trust and confidence in democratic institutions, the rule of law, and human rights protections. This is the case when public officials are allowed to abuse their authority with impunity for political or financial gains in collusion with private entities. (6) The President of the Russian Federation, Dmitry Medvedev, has addressed corruption in many public speeches, including stating in his 2009 address to Russia's Federal Assembly, ``[Z]ero tolerance of corruption should become part of our national culture. . . . In Russia we often say that there are few cases in which corrupt officials are prosecuted. . . . [S]imply incarcerating a few will not resolve the problem. But incarcerated they must be.''. President Medvedev went on to say, ``We shall overcome underdevelopment and corruption because we are a strong and free people, and deserve a normal life in a modern, prosperous democratic society.''. Furthermore, President Medvedev has acknowledged Russia's disregard for the rule of law and used the term ``legal nihilism'' to describe a criminal justice system that continues to imprison innocent people. (7) The systematic abuse of Sergei Magnitsky, including his repressive arrest and torture in custody by the same officers of the Ministry of the Interior of the Russian Federation that Mr. Magnitsky had implicated in the embezzlement of funds from the Russian Treasury and the misappropriation of 3 companies from his client, Hermitage, reflects how deeply the protection of human rights is affected by corruption. (8) The denial by all state bodies of the Russian Federation of any justice or legal remedies to Mr. Magnitsky during the nearly 12 full months he was kept without trial in detention, and the impunity of state officials he testified against for their involvement in corruption and the carrying out of his repressive persecution since his death, shows the politically motivated nature of the persecution of Mr. Magnitsky. (9) Mr. Magnitsky died on November 16, 2009, at the age of 37, in Matrosskaya Tishina Prison in Moscow, Russia, and is survived by a mother, a wife, and 2 sons. (10) There is extensive evidence that public officials from the Ministry of the Interior of the Russian Federation, the Russian federal tax authorities, the Prosecutor General's Office of the Russian Federation, and the Russian Federal Security Service, as well as regional courts and the prison system of the Russian Federation, have abused their powers and positions to commit serious human rights violations, embezzled funds from the Russian Treasury, and retaliated against whistleblowers. (11) While he was in detention, Sergei Magnitsky called himself a hostage of officials who misappropriated companies from his client, the Hermitage Fund, and embezzled funds from the Russian Treasury. He said that his criminal prosecution, arrest, and detention were organized as a retribution by police officers who had the full knowledge of his innocence. (12) The Public Oversight Commission of the City of Moscow for the Control of the Observance of Human Rights in Places of Forced Detention, an organization empowered by Russian law to independently monitor prison conditions, concluded, ``A man who is kept in custody and is being detained is not capable of using all the necessary means to protect either his life or his health. This is a responsibility of a state which holds him captive. Therefore, the case of Sergei Magnitsky can be described as a breach of the right to life. The members of the civic supervisory commission have reached the conclusion that Magnitsky had been experiencing both psychological and physical pressure in custody, and the conditions in some of the wards of Butyrka can be justifiably called torturous. The people responsible for this must be punished.''. SEC. 3. DEFINITIONS. In this Act: (1) Admitted; alien; spouse.--The terms ``admitted'', ``alien'', and ``spouse'' have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Financial institution; domestic financial agency; domestic financial institution.--The terms ``financial institution'', ``domestic financial agency'', and ``domestic financial institution'' have the meanings given those terms in section 5312 of title 31, United States Code. (4) Parent.--The term ``parent'' has the meaning given that term in section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)). (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE DETENTION, ABUSE, AND DEATH OF SERGEI MAGNITSKY AND FOR THE CONSPIRACY TO DEFRAUD THE RUSSIAN FEDERATION OF TAXES ON CERTAIN CORPORATE PROFITS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall publish a list of each individual the Secretary has reason to believe-- (1) is responsible for the detention, abuse, or death of Sergei Magnitsky; (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate entities owned or controlled by Hermitage; or (3) participated in efforts to conceal the detention, abuse, or death of Sergei Magnitsky described in paragraph (1) or the existence of the conspiracy described in paragraph (2). (b) Updates.--The Secretary of State shall update the list required by subsection (a) as new information becomes available. (c) Notice.--The Secretary of State shall, to the maximum extent practicable, provide notice and an opportunity for a hearing to an individual before the individual is placed on the list required by subsection (a). SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien-- (1) is an individual on the list required by section 4(a); or (2) is the spouse, son, daughter, or parent of an individual on that list. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Waiver for National Interests.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver is in the national interests of the United States. Upon granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. SEC. 6. FINANCIAL MEASURES. (a) Special Measures.--The Secretary of the Treasury shall instruct domestic financial institutions and domestic financial agencies to take 1 or more special measures described in section 5318A(b) of title 31, United States Code, if the Secretary of the Treasury makes a determination under section 5318A of such title with respect to money laundering relating to the conspiracy described in section 4(a)(2). (b) Freezing of Assets.--The Secretary of the Treasury shall freeze and prohibit all transactions in all property and interests in property of an individual that are in the United States, that come within the United States, or that are or come within the possession or control of a United States person if the individual-- (1) is on the list required by section 4(a); or (2) acts as an agent of or on behalf of an individual on the list in a matter relating to an act described in paragraph (1), (2), or (3) of section 4(a). (c) Waiver for National Interests.--The Secretary of the Treasury may waive the application of subsection (a) or (b) if the Secretary determines that such a waiver is in the national interests of the United States. Upon granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (d) Regulatory Authority.--The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. (e) Enforcement.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. SEC. 7. REPORT TO CONGRESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the actions taken to carry out this Act. (b) Updates.--The Secretary of State and the Secretary of the Treasury shall submit an updated version of the report required by subsection (a) as new information becomes available. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 9. TERMINATION. The provisions of this Act shall cease to be effective on the date on which the Secretary of State and the Secretary of the Treasury certify to the appropriate congressional committees that-- (1) the Government of the Russian Federation has conducted a thorough and impartial investigation into-- (A) the detention, abuse, and resulting death in custody of Sergei Magnitsky; and (B) the conspiracy (described in section 4(a)(2)) to defraud the Russian Federation of taxes on corporate profits and to misappropriate entities owned or controlled by Hermitage; (2) the investigation described in paragraph (1) was properly conducted, transparent, and free of political influence; (3) the individuals responsible for the detention, abuse, or resulting death of Sergei Magnitsky or for the conspiracy referred to in paragraph (1)(B) have been brought to justice according to the laws of the Russian Federation and pursuant to the international legal obligations of the Russian Federation; and (4) the Government of the Russian Federation-- (A) has taken significant steps to bring the criminal justice system and penal system of the Russian Federation into compliance with applicable international legal standards; (B) has substantially strengthened statutory protections for individuals who disclose evidence of illegal government activities; and (C) has recognized the contribution of Sergei Magnitsky to the fight against corruption and for the rule of law.

Justice for Sergei Magnitsky Act of 2010 - Directs the Secretary of State to publish a list of each individual the Secretary believes: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky; (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate Hermitage-owned entities; or (3) participated in efforts to conceal Mr. Magnitsky's detention, abuse, or death, or the existence of such conspiracy. Makes an alien on such list or a family member ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest. Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy; and (2) freeze and prohibit U.S. property transactions of an individual who is on such list or acts as an agent for an individual on the list. Authorizes the Secretary to waive such actions if in the U.S. national interest. States that this Act shall cease to be effective when the Secretary of State and the Secretary of the Treasury certify to Congress that: (1) the government of the Russian Federation has conducted a thorough and transparent investigation into Mr. Magnitsky's detention and death, and the related conspiracy: (2) the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations; and (3) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards, has strengthened statutory protections for individuals who disclose evidence of illegal government activities, and has recognized Sergei Magnitsky's contribution to the fight against corruption and for the rule of law.

A bill to require the Secretary of State to identify individuals responsible for the detention, abuse, or death of Sergei Magnitsky or for the conspiracy to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against Hermitage, and to impose a visa ban and certain financial measures with respect to such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Magnitsky and brought the Russian criminal justice system into compliance with international legal standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Hardship Relief Act''. SEC. 2. HARDSHIP EXEMPTION TO EMPLOYER HEALTH INSURANCE MANDATE FOR SMALL BUSINESSES. (a) In General.--Section 4980H of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Hardship Exemption for Small Businesses.-- ``(1) In general.--Subsections (a) and (b) shall not apply to any small business for any month if such small business is experiencing a hardship with respect to the calendar year in which such month begins. ``(2) Hardship.--A small business shall be treated for purposes of this subsection as experiencing a hardship for any calendar year if such business demonstrates to the satisfaction of the Secretary that such business-- ``(A) missed two or more consecutive loan payments during such year, ``(B) is a debtor in a title 11 case (as defined in section 108(d)(2)) the pendency of which includes any portion of such year, ``(C) received a notice from a utility during such year that such utility is preparing to stop providing services to such business by reason of nonpayment of amounts owed for utility service, ``(D) received a notice of eviction of foreclosure during such year, ``(E) experienced a fire, flood, other natural or human-caused disaster that resulted in substantial damage to property of the business during such year, or ``(F) experiences such other hardship during such year as the Secretary may determine for purposes of this subsection. ``(3) Limitation to 5 years of exemptions.--Paragraph (1) shall not apply to any small business for any calendar year if such paragraph has applied to such small business for any 5 previous calendar years. ``(4) Small business.--For purposes of this subsection-- ``(A) In general.--The term `small business' means, with respect to any calendar year, an employer who employed an average of not more than 100 full-time employees on business days during the preceding calendar year. ``(B) Application of certain rules for determining employer size; treatment of full-time equivalents as full-time employees.--Rules similar to the rules of subparagraphs (C) and (E) of subsection (c)(2) shall apply for purposes of this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to months beginning after the date of the enactment of this Act. (c) Hardship Exemption Not To Be Used as Sole Criteria for Audit.-- Notwithstanding any other provision of law, whether the hardship exemption provided under section 4980H of the Internal Revenue Code of 1986 (as added by this section) applies with respect to a taxpayer shall not be taken into account by the Internal Revenue Service as the sole factor in determining whether to audit such taxpayer. (d) Treasury Study on Additional Indications of Business Hardship.-- (1) Study.--The Secretary of the Treasury shall conduct a study regarding the additional hardships which would be appropriate to add to the list of hardships in paragraph (2) of section 4980H(e) of the Internal Revenue Code of 1986 (as added by this section), consistent with the purposes of such section. (2) Determination of additional hardships.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, with respect to any hardship which the Secretary determines should be added to such list of hardships, add such hardship to such list by making the determination described in subparagraph (F) of such section. (3) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall provide a written report to Congress with respect to the study conducted under paragraph (1). Such report shall include a description of each hardship considered for inclusion in such list of hardships, whether the Secretary made the determination to include such hardship in such list, and the reasons that such hardship was or was not so included, as the case may be. (4) References to secretary of the treasury.--Any reference in this subsection to the Secretary of the Treasury shall include a reference to any designee of such Secretary.

Small Business Hardship Relief Act - Amends the Internal Revenue Code to exempt from the employer mandate to provide minimum essential health care coverage for its employees a small business (i.e., an employer of not more than 100 full-time employees) experiencing a hardship. Defines "hardship" to include situations in which a small business has missed two or more consecutive loan payments, is a debtor in a Chapter 11 (reorganization) bankruptcy proceeding, has received a notice of termination of utility services or a notice of eviction, has experienced a fire, flood, or other disaster, or has experienced another hardships as determined by the Secretary of the Treasury. Directs the Secretary to conduct a study to identify additional hardships appropriate for granting an hardship exemption. Prohibits the Internal Revenue Service (IRS) from taking into account the applicability of a hardship exemption to a small business as the sole factor in determining whether to audit such business.

Small Business Hardship Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Waste, Fraud, and Abuse Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) To protect the taxpayer and the Treasury, it is the responsibility of the Congress to provide Federal agencies with the financial resources necessary to enforce the laws of the United States and to prevent waste, fraud, and abuse of taxpayer's dollars. (2) For every $1 invested in the Department of Health and Human Services and the Department of Justice for program integrity efforts to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program, approximately $1.55 will be saved, according to a report issued by the Office of Management and Budget. (3) Increased program integrity efforts by the Department of Health and Human Services and the Department of Justice can provide an estimated savings of $4,470,000,000 on an investment of $3,100,000,000 in Medicare, Medicaid, and the Children's Health Insurance Program over the next 5 fiscal years and an estimated savings of $9,870,000,000 on an investment of $6,753,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (4) For every $1 invested in the Social Security Administration for program integrity efforts to increase the volume of continuing disability reviews conducted pursuant to section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to determine whether a recipient of disability insurance benefits under section 223(a) of such Act (42 U.S.C. 423(a)) will continue to be eligible for such benefits, approximately $10 will be saved, according to a report issued by the Office of Management and Budget. (5) For every $1 invested in the Social Security Administration for program integrity efforts to increase the volume of continuing disability reviews conducted pursuant to section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to determine whether a recipient of supplemental security income benefits under section 1611 of such Act (42 U.S.C. 1382) will continue to be eligible for such benefits, approximately $8 will be saved, according to a report issued by the Office of Management and Budget. (6) Providing additional funding to the Social Security Administration to increase the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of Social Security Act (42 U.S.C. 421(i), 1383(j), respectively) can provide an estimated savings of $16,102,000,000 on an investment of $3,953,000,000 over the next 5 fiscal years and an estimated savings of $57,838,000,000 on an investment of $10,252,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (7) The tax gap, the difference between the annual amount of Federal income taxes owed and the amount voluntarily paid on time, places an undue burden upon the overwhelming majority of taxpayers who fully and voluntarily pay their taxes on time. (8) In a report released in 2009 by the Internal Revenue Service, it was estimated that in 2005 (the most recent estimate available) the gross tax gap was $345,000,000,000 and the net tax gap (after the collection of late and enforced payments) was $290,000,000,000. (9) In 2009, for every $1 that was invested for the purposes of enforcing the tax code, the Internal Revenue Service returned an average of $4 to the Treasury, with some enforcement activities returning as much as $11 for every $1 invested, according to a report issued by the Office of Management and Budget. (10) By increasing overall tax enforcement efforts, the Internal Revenue Service can provide an estimated savings of $13,874,000,000 on an investment of $8,869,000,000 over the next 5 fiscal years and an estimated savings of $62,217,000,000 on an investment of $23,275,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (11) For each $1 invested to increase the volume of in- person reemployment and eligibility assessments conducted by States for the Department of Labor's unemployment insurance program, approximately $3.19 will be saved over the next 10 years, according to a report issued by the Office of Management and Budget. (12) States will save the Department of Labor's unemployment insurance program an estimated $937,000,000 on an investment of $325,000,000 by increasing the volume of in- person reemployment and eligibility assessments over the next 5 fiscal years and an estimated savings of $2,296,000,000 on an investment of $720,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (13) The investments described in the preceding paragraphs, if carried out, will save the taxpayers nearly $2,000,000,000 during fiscal year 2011, while laying the foundations for saving more than $35,000,000,000 over the next 5 fiscal years and more than $132,000,000,000 over the next 10 fiscal years. SEC. 3. DEFINITIONS. In this Act: (1) Agency head.--The term ``agency head'' means-- (A) the Attorney General; (B) the Commissioner of Social Security; (C) the Secretary of Health and Human Services; (D) the Secretary of Labor; and (E) the Secretary of the Treasury. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS. (a) Program Integrity Efforts.-- (1) In general.--Each agency head, in consultation with the Director, shall-- (A) identify existing Federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to the agency head's agency; and (B) develop appropriate performance metrics to measure such agency's success in decreasing waste, fraud, and abuse. (2) Development of metrics.--In developing performance metrics referred to in paragraph (1)(B), each agency head shall-- (A) ensure that such metrics accurately demonstrate the effectiveness of the programs and activities referred to in subsection (d) in decreasing waste, fraud, and abuse; (B) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (C) identify optimal baselines for each of the metrics developed under this subsection and appropriate methods to measure variations from such baselines; and (D) set performance targets for each of fiscal years 2012 through 2020. (b) Innovation and Development.--Each agency head shall make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities referred to in subsection (d). (c) Reports.-- (1) In general.--Each agency head shall submit to Congress-- (A) not later than 6 months after the date of enactment of this Act, an interim report that includes a description of-- (i) what the performance metrics developed under subsection (a) will be measuring; and (ii) how such metrics will measure and provide an accurate analysis of the performance of the applicable programs and activities referred to in subsection (d); and (B) not later than 1 year after the date of enactment of this Act, a final report that sets forth the performance metrics developed under subsection (a). (2) Federal register; web site.--Each agency head shall publish in the Federal Register and make available on the agency Web site the performance metrics set forth in its final report submitted under paragraph (1)(B) not later than 30 days after such report is submitted. (3) Modification of performance metrics.--Not later than 30 days after the date on which any performance metrics developed under subsection (a) are modified by an agency head, such agency head shall submit to Congress a written notice describing such modifications. (4) OMB annual report.--Using the performance metrics developed under subsection (a), each year, beginning with the first fiscal year following the date on which the final reports are required to be submitted under paragraph (1)(B), on or after the first Monday in January but not later than the first Monday in February, the Director shall submit to Congress an annual report measuring the success of the agency head's agency in decreasing waste, fraud, and abuse of funds appropriated to such agency. Each annual report shall include a summary of and justifications for any modified performance metrics submitted to Congress pursuant to paragraph (3). (5) Referral of reports.--Each report submitted pursuant to this subsection shall be referred to the Committee on Appropriations and the Committee on the Budget of the House of Representatives and the Committee on Appropriations and the Committee on the Budget of the Senate, and any other appropriate committee of jurisdiction. (d) Authorization of Appropriations.-- (1) Department of health and human services; department of justice.--For the purposes of continuing and increasing program integrity efforts of the Department of Health and Human Services and the Department of Justice to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program, there are authorized to be appropriated the following sums: (A) $561,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $589,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $619,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $649,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $682,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $3,653,000,000 for the period encompassing fiscal years 2016 through 2020. (2) Social security administration.--For the purposes of continuing and increasing program integrity efforts of the Social Security Administration by increasing the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of the Social Security Act (42 U.S.C. 421(i), 1383(j), respectively), there are authorized to be appropriated to the Commissioner of Social Security the following sums: (A) $513,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $642,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $751,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $924,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $1,123,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $6,299,000,000 for the period encompassing fiscal years 2016 through 2020. (3) Department of the treasury.--For purposes of continuing and increasing program integrity efforts of the Department of the Treasury by expanding tax enforcement activities, there are authorized to be appropriated to the Secretary of the Treasury the following sums: (A) $1,115,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $1,357,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $1,724,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $2,105,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $2,568,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $14,406,000,000 for the period encompassing fiscal years 2016 through 2020. (4) Department of labor.--For purposes of continuing and increasing program integrity efforts of the Department of Labor by increasing the volume of in-person reemployment and eligibility assessments of unemployment insurance beneficiaries conducted by States, there are authorized to be appropriated to the Secretary of Labor the following sums: (A) $55,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $60,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $65,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $70,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $75,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $395,000,000 for the period encompassing fiscal years 2016 through 2020.

Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury (agency head), in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies; and (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse. Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse; (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines; and (4) set performance targets for each of FY2012-FY2020. Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act. Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report; and (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.

To make funds available to increase program integrity efforts and reduce wasteful government spending of taxpayer's dollars.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Sumner Project Title Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fort Sumner Irrigation District, located in De Baca County, New Mexico. (2) Forbearance agreement.--The term ``Forbearance Agreement'' means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08-WC-40-292 and dated August 21, 2009 (including any amendments to that contract). (3) Project.--The term ``Project'' means the Fort Sumner reclamation project. (4) Repayment contract.--The term ``Repayment Contract'' means the contract between the United States and the District numbered Ilr-1524 and dated November 5, 1948 (including any supplements and amendments to that contract). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Memorandum of agreement.--The term ``Memorandum of Agreement'' means the agreement entitled ``Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities'' and numbered 11-WC-40-406 (including any amendments to that agreement). (7) Transfer agreement.--The term ``Transfer Agreement'' means the agreement between the United States and the Fort Sumner Irrigation District that identifies the specific terms and conditions of the title transfer. This document will be completed after the requirements described in section 3(d) are satisfied. SEC. 3. CONVEYANCE. (a) In General.--The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement. (b) Valid Existing Rights.--The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed. (c) Costs of Conveyance.--The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Memorandum of Agreement. (d) Compliance With Environmental Laws.-- (1) In general.--Before carrying out the conveyance under subsection (a), the Secretary shall assure compliance with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the property conveyed. (2) Effect.--Nothing in this Act modifies or alters any obligation under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (e) Failure To Convey.--If the Secretary fails to complete the conveyance under this section by the date that is 2 years after the date of completion of the requirements described in subsection (d) of this Act, the Secretary shall submit to Congress a report that-- (1) explains the reasons why the conveyance has not been completed; and (2) states the date by which the conveyance will be completed. SEC. 4. LIABILITY. (a) In General.--Effective on the date of the conveyance under section 3, the United States-- (1) shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and (2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance. (b) Effect of Section.--Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). SEC. 5. TERMINATION OF REPAYMENT CONTRACT. Effective beginning on the date of the conveyance under section 3-- (1) the Repayment Contract shall terminate; and (2) the United States and the District shall have no obligations under the Repayment Contract. SEC. 6. FORBEARANCE AGREEMENT. (a) Payment Obligation.--In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement. (b) Other Terms and Conditions.--All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5. (c) Term.--The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act, as set forth in the Memorandum of Agreement. SEC. 7. FUTURE BENEFITS. After conveyance of title under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including Federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.

Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met. Terminates, on the date of such conveyance: (1) U.S. interest in and responsibility for the project and liability relating to the conveyed property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project.

To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico.

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

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

Welfare Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Check-Off Act''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO REDUCE THE DEFICIT. (a) Designation.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION ON INCOME TAX RETURNS FOR REDUCTION OF DEFICIT ``Sec. 6097. Designation for reduction of the deficit. ``SEC. 6097. DESIGNATION FOR REDUCTION OF THE DEFICIT. ``(a) In General.--Every individual, regardless of income tax liability for the taxable year, may designate that an amount (not less than $1 and not more than $10) shall be paid over for the purpose of reducing the deficit of the United States. In the case of a joint return of husband and wife, each spouse may so designate an amount. ``(b) Income Tax Liability.--For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof). ``(c) Manner and Time of Designation.--Rules similar to the rules of section 6096(c) shall apply for purposes of this section, except that the designation shall be accompanied by the following statement: `The Federal budget will be reduced by an amount equal to ten times the amount you elect in the box.'. ``(d) Amount Increase.--In the case of each taxable year beginning after 2011, the maximum dollar amount that may be designated under subsection (a) shall be increased by $1. In the case of a joint return of husband and wife, such amount shall increase by $2 each taxable year.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX--Designation of Income Tax Payments To Reduce the Deficit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE DEFICIT. (a) Sequestration To Reduce Deficit.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE DEFICIT. ``(a) Sequestration.-- ``(1) Timing.--Within 15 calendar days after the date Congress adjourns to end a session, and on the same day as sequestration (if any) under sections 251, 252, and 253, but after any sequestration required by those sections, there shall be a sequestration to eliminate the deficit equivalent to the amount calculated under paragraph (2). ``(2) Calculation.-- ``(A) OMB calculation.--Before October 1st of each calendar year, OMB shall calculate the total amount designated under section 6097 of the Internal Revenue Code of 1986. ``(B) Federal spending reduction.--In accordance with the deadline under paragraph (1), OMB shall apply an across the board reduction in Federal spending in an amount equal to the product of-- ``(i) the amount calculated under subparagraph (A); and ``(ii) 10. ``(3) Carryover.--Any amounts not calculated by OMB by the October 1st deadline, as set forth in subparagraph (2)(A), shall be applied to the following fiscal year Federal spending reduction pursuant to this section. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority so reduced shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--The following programs shall be exempt from reduction under any order issued under this section: ``(A) Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act. ``(B) Benefits payable under section 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of 1974. ``(C) Benefits payable under title 18 of the Social Security Act. ``(D) The rate of pay of any judge or justice appointed pursuant to article III of the Constitution of the United States. ``(E) Veteran's benefits listed under sections 905(b) and 905(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b), 905(f)). ``(c) Effective Date.--This section shall apply to calender years beginning after December 31, 2010.''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by adding at the end of the table the following new item: ``October 1......................... OMB report estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''. (2) in subsection (c)(1), by inserting ``, and sequestration to reduce the deficit,'' after ``sequestration''; (3) in subsection (c), by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Reports on sequestration to reduce the deficit.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last calendar year ending before the budget year. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(a).''; and (4) in subsection (f), by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Reports on sequestration to reduce the deficit.--The final reports shall contain all of the information contained in the deficit taxation designation report required on October 1.''. (c) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendments made by this Act. On the date specified in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this section, the President shall issue an order fully implementing the sequestration required by section 253A of such Act, as amended by this section. This order shall be effective on issuance.

Deficit Reduction Check-Off Act - Amends the Internal Revenue Code to allow individual taxpayers to designate on their tax returns an amount (initially between $1 and $10, with annual increases of $1 for each taxable year after 2011) for reducing the federal deficit. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require a sequestration to reduce the federal deficit within 15 days after Congress adjourns to end a session by directing the Office of Management and Budget (OMB) to apply an across-the-board reduction in federal spending equal to 10 times the amount raised by the voluntary tax checkoff under this Act. Exempts from such spending reduction social security and railroad retirement benefits, Medicare benefits, judicial salaries, and veterans benefits.

To amend the Internal Revenue Code of 1986 to allow individuals to designate certain amounts on their income tax returns, to require spending reductions equal to 10 times the amounts so designated, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``True Cost of War Act of 2011''. SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2010, Congress has appropriated $1,087,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $751,000,000,000 related to operations in Iraq and $336,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and does not report outlays or actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,000,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 1,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,620 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 243,685 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 66,900 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 178,876 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 46 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process ``can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma''. (b) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom for each the following scenarios: (1) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom is reduced from roughly 190,000 in 2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the beginning of 2014, and remains at 30,000 through 2020. (2) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom rises to approximately 235,000 in 2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 through 2020. (3) An alternative scenario, determined by the President and based on current contingency operation and withdrawal plans, which takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation New Dawn and Operation Enduring Freedom. (c) Estimates To Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2020, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation New Dawn and Operation Enduring Freedom, including-- (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation New Dawn and Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation New Dawn or Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Iraq and Afghanistan, and the total number of members expected to be killed in Iraq and Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Current and future operational expenditures associated with Operation New Dawn and Operation Enduring Freedom, including-- (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation New Dawn or Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Iraq and Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including-- (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation New Dawn and Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation New Dawn or Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.

True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom under three specified scenarios based on the number of U.S. troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of U.S. military personnel, contractors, and private security firms; (2) the number of veterans in need of medical or mental health care due to injuries and illnesses; (3) pending veterans' disability compensation claims; (4) total casualties and injuries; (5) current and future operational expenses and related costs; and (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed.

To direct the President to submit to Congress a report on the long-term costs of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom in Iraq and Afghanistan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Citizens Voting Rights Act of 1996''. SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(4) permit absentee ballots to be received at least until the close of polls on election day.''. SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO SPECIAL, PRIMARY, AND RUNOFF ELECTIONS. (a) In General.--Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended-- (1) by inserting after ``general'' the following: ``, special, primary, and runoff''; and (2) by striking out ``States,'' and inserting in lieu thereof ``State''. (b) Special Rules.--Section 103(c) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended-- (1) in paragraph (1), by inserting after ``candidate or'' the following: ``, with respect to a general or special election,''; and (2) in paragraph (2), by inserting after ``candidate or'' the following: ``with respect to a general election''. (c) Use of Approved State Absentee Ballot in Place of Federal Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by striking out ``a general'' and inserting in lieu thereof ``an''. (d) Certain States Exempted.--Section 103(f) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is amended by striking out ``general'' each place it appears. (e) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``and'' at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(10) in consultation with the Presidential designee, consider means for providing for expeditious methods for the return of absentee ballots, including return by electronic transmittal, with maximum regard for ballot secrecy, audit procedures, and other considerations relating to the integrity of the election process.''. (b) Secrecy and Verification of Electronically Transmitted Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended-- (1) by striking out ``To afford'' and inserting in lieu thereof ``(a) In General.--To afford''; and (2) by adding at the end the following new subsection: ``(b) Secrecy and Verification of Electronically Transmitted Ballots.--No electronic transmittal or related procedure under subsection (a)(10) that is paid for, in whole or in part, with Federal funds may be carried out in any manner that (1) permits any person other than the voter to view a completed ballot, or (2) otherwise compromises ballot secrecy. At the earliest possible opportunity, the original of each completed ballot that is transmitted electronically shall be submitted in a secrecy envelope to the applicable location in the State involved.'' SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end the following new sections: ``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS. ``(a) In General.--Each State, in cooperation with the Presidential designee, shall establish a system for electronic transmittal of balloting materials for overseas voters. The system shall provide for-- ``(1) electronic transmittal as an alternative method for transmittal of balloting materials to overseas voters; ``(2) use of the format of the official post card form prescribed under section 101 (or the format of any other registration form provided for under State law) for purposes of absentee voter registration application and absentee ballot application, with the condition that a State may require receipt of a form with an original signature before the ballot of the voter is counted; ``(3) furnishing of absentee ballots by electronic transmittal, from locations within the State, as selected by the chief State election official, to overseas voters who request such transmittal; and ``(4) special alternative methods of transmittal of balloting materials for use only when required by an emergency declared by the President or the Congress. ``(b) Funding Requirement.--The requirements of subsection (a) shall apply to a State with respect to an election-- ``(1) if there is full payment by the Federal Government of any additional cost incurred by the State after the date of the enactment of this Act for the implementation of such subsection (a), with such costs to be determined by the Presidential designee and the chief State election official, acting jointly; or ``(2) in any case of less than full payment, as described in paragraph (1), if the State, in the manner provided for under the law of the State, agrees to the application of such requirements. ``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC TRANSMITTAL METHOD. ``The Presidential designee may not approve use of any method of electronic transmittal for purposes of this Act, unless, not later than 90 days before the effective date of the approval, the Presidential designee submits to the Congress a detailed report describing the method.''. (b) Definition Amendment.--Section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended-- (1) by striking out ``and'' at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(9) the term `electronic transmittal' means, with respect to balloting materials, transmittal by facsimile machine or other electronic method approved by the Presidential designee.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections taking place after December 31, 1996. SEC. 6. REPORT PROVISION. Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)) is amended-- (1) by striking out ``participation and'' and inserting in lieu thereof ``participation,''; and (2) by inserting before the period at the end the following: ``, and a separate analysis of electronic transmittal of balloting materials''. Passed the House of Representatives May 14, 1996. Attest: ROBIN H. CARLE, Clerk.

Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. (Sec. 3) Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. (Sec. 4) Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. (Sec. 5) Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements.

Overseas Citizens Voting Rights Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Crime Enforcement Act''. SEC. 2. STATE GRANT PROGRAM FOR TRAINING AND PROSECUTION OF COMPUTER CRIMES. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to-- (1) assist State and local law enforcement in enforcing State and local criminal laws relating to computer crime; (2) assist State and local law enforcement in educating the public to prevent and identify computer crime; (3) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (b) Use of Grant Amounts.--Grants under this section may be used to establish and develop programs to-- (1) assist State and local law enforcement in enforcing State and local criminal laws relating to computer crime; (2) assist State and local law enforcement in educating the public to prevent and identify computer crime; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (c) Assurances.--To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State-- (1) has in effect laws that penalize computer crime, such as penal laws prohibiting-- (A) fraudulent schemes executed by means of a computer system or network; (B) the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or (C) the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network; (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading ``Violent Crime Reduction Programs, State and Local Law Enforcement Assistance'' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105- 119)). (d) Matching Funds.--The Federal share of a grant received under this section may not exceed 90 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2000 through 2003. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent. (f) Grants to Indian Tribes.--Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

Computer Crime Enforcement Act - Directs the Office of Justice Programs to make a grant to each State, subject to the availability of appropriations, which shall be used to: (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating, and in educating the public to prevent and identify, computer crime; (2) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (3) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (4) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. Requires a State, to be eligible to receive a grant, to provide assurances to the Attorney General that the State has: (1) in effect laws that penalize computer crime; (2) made an assessment of the State and local resource needs; and (3) a plan for coordinating the programs funded under this Act with other federally funded technical assistant and training programs. Sets the Federal cost share at up to 90 percent, subject to a waiver. Authorizes appropriations. Authorizes the Attorney General to use amounts made available under this Act for grants to Indian tribes.

Computer Crime Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Online Communication Enforcement Act of 2000''. SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER NETWORKS. (a) In General.--Section 2703(b) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following new paragraph (1): ``(1) In general.--A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2)-- ``(A) pursuant to a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant, a copy of which warrant shall be served on the subscriber or customer of such remote computing service before or at the same time the warrant is served on the provider of the remote computing service; or ``(B) pursuant to a Federal or State grand jury or trial subpoena, a copy of which subpoena shall be served on the subscriber or customer of such remote computing service under circumstances allowing the subscriber or customer a meaningful opportunity to challenge the subpoena.''. (b) Conforming Amendments.--Paragraph (2) of that section is amended-- (1) by indenting the paragraph 2 ems; (2) by inserting ``Applicability.--'' after ``(2)''; and (3) by indenting subparagraphs (A) and (B) 4 ems. SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS. (a) Applicability of Limitations on Disclosure of Communication Records.--Paragraph (1) of section 2703(c) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by inserting ``, or an operator of an Internet Web site (including an agent of such operator) or other third party,'' after ``remote computing service''; and (B) by inserting ``or Internet Web site'' after ``of such service''; and (2) in subparagraph (B)-- (A) in the matter preceding clause (i)-- (i) by inserting ``, or an operator of an Internet Web site (including an agent of such operator) or other third party,'' after ``remote computing service''; and (ii) by inserting ``or Internet Web site'' after ``of such service''; and (B) in clause (iv), by inserting ``or operator'' after ``of such provider''. (b) Disclosure of Communication Records to Non-Government Entities.--Paragraph (1)(A) of such section is further amended by striking ``other than a government entity.'' and inserting ``other than a government entity only if the disclosure is-- ``(i) necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet Web site; ``(ii) necessary to protect the rights or property of the provider of such service or Internet Web site; ``(iii) made at the request of the subscriber or customer; ``(iv) made with the affirmative consent of the subscriber or customer given at the time the disclosure is sought; or ``(v) required by law.''. (c) Information Covered by Limitations on Disclosure.--Such section is further amended in paragraphs (1)(A) and (1)(B) by inserting before the end parenthesis the following: ``, but including information generated in the process of accessing or otherwise using the Internet''. (d) Disclosure of Aggregate Information.--Such section is further amended by adding at the end the following new paragraph: ``(3) Nothing in this subsection may be construed to prohibit a provider of electronic communication service or remote computing service, operator of an Internet Web site (including an agent of such operator), or third party from using, disclosing, or permitting access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed.''. (e) Protection of Service.--Such section is further amended by adding at the end the following new paragraph: ``(4) A provider of electronic communication service or remote computing service or operator of an Internet Web site may not terminate the provision of such service or access to or use of such Internet Web site to an individual who refuses to consent to the disclosure of records or other information under paragraph (1)(A)(iv) as a result of such refusal.''. (f) Federal Preemption.--Such section is further amended by adding at the end the following new paragraph: ``(5) This subsection preempts any State or local law regarding the disclosure by providers of electronic communication service or remote computing service and operators of Internet Web sites of records or other information covered by this subsection.''. (g) Conforming Amendment.--The subsection heading of such section is amended by striking ``or Remote Computing Service'' and inserting ``, Remote Computing Service, or Internet Web Site''. (h) Effective Date.--The amendments made by this section shall take effect 180 days after the date of enactment.

(Sec. 3) Includes an operator of an Internet web site (including an agent of such operator) or other third party within the scope of limitations on disclosure of records currently applicable to electronic communication service (ECS), and remote computing service (RCS), providers. Limits any such disclosure to non-government entities except: (1) as necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet web site, or to protect the rights or property of the provider; (2) as made at the request of the subscriber or customer, or with the affirmative consent of the subscriber or customer given at the time the disclosure is sought; or (3) as required by law. Includes within the scope of such restrictions on disclosure information generated in the process of accessing or otherwise using the Internet. Authorizes a provider of ECS or RCS, operator of an Internet web site, or third party to use, disclose, or permit access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed. Prohibits a provider of ECS, RCS, or an operator of an Internet web site from terminating the provision of such service or access to, or use of, such web site to an individual who refuses to consent to the disclosure of records or other information under this Act as a result of such refusal. Preempts any State or local law regarding the disclosure by providers of ECS, RCS, and operators of Internet web sites of records or other information covered by this Act.

Secure Online Communication Enforcement Act of 2000

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1997''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (B) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (8) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discriminating wage differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A) No employer having employees subject to any provisions of this section shall discriminate between its employees on the basis of sex, race, or national origin by paying wages to employees or groups of employees at a rate less than the rate at which the employer pays wages to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period at the end of paragraph (5) and inserting a semicolon and by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)'' and by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time and shall make such reports therefrom to the Equal Employment Opportunity Commission as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated thereunder. ``(B) Every employer subject to section 6(g) shall file annually with the Equal Employment Opportunity Commission a report signed by its president, treasurer, or corresponding principal officer containing information in such detail as may be necessary accurately to disclose the wage or salary rates paid to each classification, position, job title, or other wage or salary group of employees employed by the employer, as well as the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group. The report shall not contain the name of any individual employee. ``(C) In order to carry out the purposes of this Act, the contents of the reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) shall be public information, and the Equal Employment Opportunity Commission may publish any information and data which it obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate. ``(D) In order to carry out the purposes of this Act the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with it pursuant to subparagraph (B). ``(E) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with it pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(F) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom it finds that by virtue of their size a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment.

Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.

Fair Pay Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Secure Border Infrastructure Act''. SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS. The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the governors of the border States, shall establish a grant program, which shall be administered by the Secretary of Transportation and the Administrator of General Services, to construct transportation and supporting infrastructure improvements at existing and new international border crossings to facilitate the safe, secure, and efficient cross-border movement of motor vehicles, non- motor vehicles, cargo, and individuals, including pedestrians. SEC. 3. ELIGIBILITY. The projects eligible to receive a grant under this Act shall include-- (1) highway or bridge projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States Code; (3) demonstration and pilot projects related to innovative cross border systems management; and (4) passenger and freight rail transportation projects. SEC. 4. APPLICATIONS. To be eligible to receive a grant under this Act, a State or metropolitan planning organization located in a border region shall submit to the Secretary of Transportation an application that demonstrates-- (1) an established master plan for border infrastructure investments that demonstrates awareness of the relevant border stakeholder interests at the Federal, State, and regional level; (2) that receipt of the grant applied for under this Act would complete an overall financing package; (3) the ability to provide a non-Federal match of 50 percent of the total cost of the project; (4) the satisfaction of all Federal and State environmental requirements prior to the submission of the application for the grant; and (5) a plan to obligate any funds received under this Act by the end of the fiscal year following the year in which those funds are awarded. SEC. 5. PRIMARY SELECTION CRITERIA. In awarding a grant under this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall give priority to projects that accomplish one or more of the following objectives: (1) Improve the safety and security at facilities in the United States, including ports of entry. (2) Facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) Implement innovative technologies that enhance safety, security, or efficiency at the border. (4) Coordinate a system of projects that improve security and systems efficiencies at ports of entry. (5) Facilitate economic development strategies with respect to safety and security. (6) Implement congestion relief and air quality management strategies to improve the environment. SEC. 6. APPORTIONMENT OF FUNDS. Of the amounts appropriated to carry out this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall apportion such amounts as follows: (1) 20 percent in the ratio that---- (A) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (2) 30 percent in the ratio that-- (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of all eligible border States. (3) 25 percent in the ratio that-- (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (4) 25 percent of the ratio that-- (A) the total number of land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of land border ports of entry within the boundaries of all eligible border States. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``border region'' means any portion of a border State within 10 miles of an international land border with Canada or Mexico; (2) the term ``border State'' means any State that has an international land border with Canada or Mexico; (3) the term ``commercial truck'' means a commercial vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code; (4) the term ``motor vehicle'' has the meaning such term has under Section 154(a)(2) of title 23, United States Code; and (5) the term ``State'' has the meaning such term has in section 101(a)(25) of title 23.

Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at U.S. facilities, including ports of entry; (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays; (3) implement innovative technologies that enhance safety, security, or efficiency at the border; (4) coordinate projects that improve security and systems efficiencies at ports of entry; (5) facilitate economic development strategies with respect to safety and security; and (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.

Safe and Secure Border Infrastructure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Procurement Assistance Act of 1993''. SEC. 2. GOAL SETTING. Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended-- (1) in paragraph (1) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in the first sentence and the first place it appears in the fourth sentence; (2) in the first sentence of paragraph (2) by inserting ``by small business concerns owned and controlled by women,'' after ``small business concerns,''; (3) in the second sentence of paragraph (2) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears; and (4) in the fourth sentence of paragraph (2) by inserting ``small business concerns owned and controlled by women and'' after ``including participation by''. SEC. 3. REPORTING. Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended-- (1) by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in paragraph (1), the first place it appears in paragraph (2)(A), and the first place it appears in paragraph (2)(D); (2) in paragraph (1) by inserting ``and subcontracts'' after ``contracts''; (3) by adding at the end of paragraph (1) the following new sentence: ``The Administration shall submit to the Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives information obtained from such reports, together with appropriate comments.''; and (4) in paragraph (2)(F) by striking ``women-owned small business enterprises'' and inserting ``small business concerns owned and controlled by women''. SEC. 4. SUBCONTRACTING. (a) Statement of Policy.--Section 8(d)(1) of the Small Business Act (15 U.S.C. 637(d)(1)) is amended-- (1) in the first sentence by inserting ``small business concerns owned and controlled by women,'' after ``small business concerns,''; and (2) in the second sentence by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears. (b) Contract Clause.--The contract clause specified in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as follows: (1) Subparagraph (A) of such clause is amended by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in the first sentence and the first place it appears in the second sentence. (2) Subparagraph (C) of such clause is amended to read as follows: ``(C)(i) As used in this contract, the term `small business concern' means a small business concern as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. ``(ii) As used in this contract, the term `small business concern owned and controlled by socially and economically disadvantaged individuals' means a small business concern-- ``(I) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ``(II) whose management and daily business operations are controlled by one or more of such individuals. The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. ``(iii) As used in this contract, the term `small business concern owned and controlled by women' means a small business concern-- ``(I) which is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and ``(II) whose management and daily business operations are controlled by such women. The contractor shall presume that women have been subjected to gender based discrimination and may determine whether a small business concern meets the percentage requirements under subclause (I) without regard to the community property laws of any jurisdiction.''. (c) Conforming Amendments.--Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by inserting ``, small business concerns owned and controlled by women,'' after ``small business concerns'' the first place it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), (6)(C), (6)(F), (10)(B), and (11). (d) Exclusion.--No business concern shall be deemed eligible for any contract or other assistance pursuant to section 2323 of title 10, United States Code, due solely to the provisions of this section. SEC. 5. WOMEN-IN-BUSINESS SPECIALISTS. Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended-- (1) by inserting ``(1)'' after ``(k)''; (2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), (E), (F), (G), (H), and (I), respectively; (3) by striking ``and'' at the end of subparagraph (H) (as redesignated); (4) in subparagraph (I) (as redesignated), by striking out the period after ``Code'' and all that follows through ``shall be made'' and inserting in lieu thereof a comma, and by striking the period after ``contract file'' and inserting ``, and''; (5) by inserting after subparagraph (I) (as redesignated) the following new subparagraph: ``(J) subject to paragraph (2)(A), designate an employee of such office to be a women-in-business specialist responsible for the implementation and execution of programs designed to assist small business concerns owned and controlled by women.''; (6) by designating the last sentence as paragraph (2); and (7) by adding at the end the following new paragraph: ``(3)(A) The Director of Small and Disadvantaged Business Utilization in a Federal agency shall ensure that the women-in-business specialist designated pursuant to paragraph (1)(J) has sufficient knowledge of small business concerns owned and controlled by women and the Federal procurement process, other appropriate qualifications, and appropriate training from the Office of Women's Business Ownership to effectively carry out the specialist's responsibilities under this Act. ``(B) Each women-in-business specialist designated pursuant to paragraph (1)(J) in a Federal agency shall work full time to initiate and execute programs to assist small business concerns owned and controlled by women in participating in the performance of contracts let by the agency. The specialist shall-- ``(i) respond to requests from small business concerns owned and controlled by women; ``(ii) identify and solicit offers from small business concerns owned and controlled by women, as required under section 15(p) of this Act, through means such as sending solicitation packages to such concerns for each proposed contract for which such concerns may be eligible to compete and holding workshops on procurement for such concerns; and ``(iii) regularly monitor the agency's progress toward meeting the annual goal established under subsection (g) for participation by small business concerns owned and controlled by women.''. SEC. 6. OUTREACH. Section 15 the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(p) Each Federal agency having procurement powers shall engage in affirmative efforts to identify and solicit offers from small business concerns owned and controlled by women and the small business concerns owned and controlled by socially and economically disadvantaged individuals. To the maximum extent practicable, a representative number of such concerns shall receive solicitation packages for each proposed acquisition for which such concerns may be eligible to compete.''. SEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following new section: ``SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP. ``(a) Establishment.--There is established in the Small Business Administration the Office of Women's Business Ownership (hereinafter in this section referred to as the `Office'). ``(b) Director.--The Director of the Office (hereinafter in this section referred to as the `Director') shall be appointed by the Administrator not later than sixty days after the date of the enactment of this section. ``(c) Functions.--The Director shall perform the following functions: ``(1) Promote, coordinate, and monitor the plans, programs, and operations of Federal departments and agencies which may contribute to the establishment, preservation, and strengthening of small business concerns owned and controlled by women. The Director may, as appropriate, develop comprehensive interagency plans and specific program goals for small business concerns owned and controlled by women with the cooperation of the departments and agencies. ``(2) Establish policies, definitions, procedures, and guidelines to govern the implementation, interpretation, and application of this section, and generally perform such functions and take such steps as the Director may consider to be necessary or appropriate to carry out this section. ``(3) Promote the mobilization of activities and resources of State and local governments, business and trade associations, private industry, colleges and universities, foundations, professional organizations, and volunteer and other groups toward the growth of small business concerns owned and controlled by women, and facilitate the coordination of the efforts of such groups with those of Federal departments and agencies. ``(4) Make an annual assessment of the progress made in the Federal Government toward assisting small business concerns owned and controlled by women to enter the mainstream of business ownership and provide recommendations for future actions to the Administrator. ``(5) Convene and consult (as necessary) with persons inside and outside government to develop and promote new ideas concerning the development of small business concerns owned and controlled by women. ``(6) Consider the findings and recommendations of government and private sector investigations and studies of the problems of women entrepreneurs, and promote further research into such problems. ``(7) Monitor the contracting and subcontracting performance of each department, agency, and business enterprise participating under this section. ``(8) Promote access and participation for small business concerns owned and controlled by women to a fair proportion of the broad array of purchases and contracts for property and services for the Federal Government. ``(9) Provide training as needed to women-in-business specialists designated pursuant to section 15(k)(1)(J) to carry out their responsibilities under this Act.''. SEC. 8. GENERAL ACCOUNTING OFFICE REPORT. (a) Report Requirement.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report comparing the number of small business concerns owned and controlled by women procuring Federal contracts during the year preceding the date of the enactment of this Act with the number of such businesses during each of the 3 years occurring after such date. If the number of such businesses did not increase significantly by the end of the 3-year period beginning on the date of the enactment of this Act, the Comptroller General shall include in the report recommendations on actions that could be taken to increase the number. (b) Sense of Congress.--If the report required under subsection (a) shows that the number of small business concerns owned and controlled by women did not increase significantly by the end of the 3-year period beginning on the date of the enactment of this Act, it is the sense of Congress that further legislative steps should be taken to ensure that the number of Federal contracts entered into with small business concerns owned and controlled by women realistically reflects the potential of such business concerns to perform Federal contracting and subcontracting work.

Women's Business Procurement Assistance Act of 1993 - Amends the Small Business Act to require the President and the head of each Federal agency to include small business concerns owned and controlled by women within the Federal procurement contract process. Declares that it is the policy of the United States that such business concerns should have the maximum opportunity to participate in the Federal procurement contract process. Requires the Director of the Small and Disadvantaged Business Utilization section in each Federal agency to designate a "women-in-business" specialist responsible for the execution of programs designed to assist small business concerns owned and controlled by women. Requires that each such specialist: (1) possess the appropriate knowledge, qualifications, and training for such position; and (2) work full-time in such position. Establishes in the Small Business Administration the Office of Women's Business Ownership. Directs the Comptroller General to report to the Congress on the number of small businesses owned and controlled by women procuring Federal contracts. Expresses the sense of the Congress that if the number of such businesses procuring such contracts does not rise significantly, then further legislative steps should be taken.

Women's Business Procurement Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Answer Africa's Call Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) African poverty and stagnation are the greatest tragedy of our time and demand a forceful response by the United States. (2) The world, especially the United States, is awash with wealth on a scale that has never been seen in human history. (3) We live in a world where new medicines and medical techniques have eradicated many of the diseases and ailments that plagued the rich world. (4) In Africa, some 4,000,000 children under the age of five die each year, two-thirds of them from illnesses that cost very little to treat; malaria is the biggest single killer of African children, and half of those deaths could be avoided if the parents of these children had access to diagnosis and drugs that cost little more than $1 per dose. (5) We live in a world where scientists can map the human genome and have the technology to clone a human being. (6) In Africa, we allow more than 250,000 women die each year from complications in pregnancy or childbirth. (7) We live in a world where the Internet in the blink of an eye can transfer more information than any human brain could hold. (8) In Africa each day, some 40,000,000 children are not able to go to school. (9) We live in a world which, faced by one of the most devastating diseases ever seen, AIDS, has developed the antiretroviral drugs to control its advance. (10) In Africa, where 25,000,000 people are infected with AIDS, antiretroviral drugs are not made generally available; as a result, 2,000,000 people will die of AIDS in 2005. (11) We live in a world where rich nations spend as much as the entire income of all the people in Africa subsidizing the unnecessary production of unwanted food, in an amount of almost $1,000,000,000 each day. (12) In Africa, hunger is a key factor in more deaths than those caused by all of the continent's infectious diseases combined. (13) We live in a world where every cow in Europe receives almost $2 each day in government subsidies. (14) In Africa the average daily income is approximately $1. (15) The contrast between the lives led by those who live in rich countries and those of poor people in Africa is the greatest scandal of our age. (16) One in six children in Africa dies before reaching the age of 5. (17) Two-thirds of all the African children who die under the age of 5 could be saved by low-cost treatments such as vitamin A, and a tenth of all the diseases suffered by African children are caused by intestinal worms that infect 200,000,000 people and could be treated for just 25 cents per child. (18) More than 300,000,000 Africans--42 percent of Africa's population--still do not have access to safe water, and 60 percent do not have access to basic sanitation. (19) 62 percent of all people aged 15-24 years who live with HIV are found in Africa. (20) Africa had 43,000,000 orphans in 2003, of which AIDS was responsible for 12,000,000. (21) In Zambia, 71 percent of child prostitutes are orphans. SEC. 3. STATEMENT OF POLICY. The Congress supports implementing the recommendations of the Commission for Africa, which call for rich nations to increase foreign assistance to Africa, provide debt relief, eliminate trade distorting agricultural subsidies, and remove insidious trade barriers that impede economic opportunity in sub-Saharan Africa. SEC. 4. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND INTERNATIONAL FINANCE FACILITY. (a) Imposition of Tax.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Additional Income Tax.-- ``(1) In general.--If the adjusted gross income of an individual exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to 0.8 percent of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(4) Termination.--This subsection shall not apply to taxable years beginning after December 31, 2010.''. (b) Establishment of United States International Finance Facility Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. UNITED STATES INTERNATIONAL FINANCE FACILITY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States International Finance Facility Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the surtax imposed under section 1(j). ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund shall be available without further appropriation to make expenditures in connection with United States commitments to the International Finance Facility.''. (2) Conforming amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9511. United States International Finance Facility Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. (d) Section 15 not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 5. MODIFICATIONS TO PREFERENTIAL TRADE TREATMENT FOR PRODUCTS OF SUB-SAHARAN AFRICAN COUNTRIES. (a) Removal of Agriculture Tariff-Rate Quota Limitation; Agricultural Safeguard.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by striking paragraph (3) and inserting the following: ``(3) Agricultural products.-- ``(A) In general.--No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota amount shall be eligible for duty-free treatment under this title, except as provided in subparagraph (B). ``(B) Imports from countries designated under section 506a.--Subparagraph (A) shall not apply to over-quota imports of agricultural products subject to a tariff-rate quota that are the growth, product, or manufacture of a country designated as a beneficiary sub-Saharan African country under section 506A(a)(1). ``(4) Safeguard for agricultural products.-- ``(A) In general.--The President shall assess a duty, in the amount prescribed under subparagraph (B), on over-quota imports of any agricultural product described in paragraph (3)(B) for which preferential treatment is claimed, if the President determines that the unit import price of the product when it enters the United States, determined on an F.O.B. basis, is less than the annual trigger price determined in accordance with subparagraph (D). ``(B) Calculation of additional duties.--The amount of the additional duty assessed under this subsection shall be determined as follows: ``(i) If the difference between the unit import price and the trigger price is less than, or equal to, 10 percent of the trigger price, no additional duty shall be imposed. ``(ii) If the difference between the unit import price and the trigger price is greater than 10 percent, but less than or equal to 40 percent, of the trigger price, the additional duty shall be equal to 30 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(iii) If the difference between the unit import price and the trigger price is greater than 40 percent, but less than or equal to 60 percent, of the trigger price, the additional duty shall be equal to 50 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(iv) If the difference between the unit import price and the trigger price is greater than 60 percent, but less than or equal to 75 percent, of the trigger price, the additional duty shall be equal to 70 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(v) If the difference between the unit import price and the trigger price is greater than 75 percent of the trigger price, the additional duty shall be equal to 100 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(C) Exceptions.--No additional duty under this paragraph shall be assessed on an agricultural product if, at the time of entry into the customs territory of the United States, the product is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). ``(D) Calculation of trigger price.--(i) Not later than 60 days after the date of the enactment of the Answer Africa's Call Act, and annually thereafter, the President shall, in consultation with the Secretary of Agriculture, establish the annual trigger price for each over-quota agricultural product described in paragraph (3)(B), and shall publish such prices in the Federal Register. The President shall establish the trigger price for a product at a level not below the 3- year average import price for that product. ``(ii) Not later than 30 days before publishing the trigger prices in the Federal Register under clause (i), the President shall notify and consult with the Committees on Ways and Means and Agriculture of the House of Representatives and the Committees on Finance and Agriculture of the Senate on the proposed trigger prices. ``(E) Notice to country concerned.--Not later than 60 days after the President first assesses additional duties under this paragraph on over-quota imports of agricultural products described in paragraph (3)(B), the President shall notify the beneficiary sub-Saharan African country where the product was grown, manufactured, or produced, in writing of such action and shall provide to the country data supporting the assessment of the additional duties. ``(F) Definitions.--In this paragraph: ``(i) F.O.B.--The term `F.O.B.' means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. ``(ii) HTS.--The term `HTS' means the Harmonized Tariff Schedule of the United States. ``(iii) Unit import price.--The term `unit import price' means the price expressed in dollars per kilogram.''. (b) Short Supply Provisions.--Section 112(b)(5) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(5)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) In general.--Articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries-- ``(i) from fabric or yarn which need not be originating under General Note 12(t) of the Harmonized Tariff Schedule of the United States for the apparel article to qualify as originating under that Note; or ``(ii) from fabric or yarn which-- ``(I) is the component that determines the classification of the articles under the Harmonized Tariff Schedule of the United States; ``(II) is not commercially available; and ``(III) which the President proclaims as eligible for use under this paragraph without regard to where the fabric or yarn is formed pursuant to the procedures set forth in subparagraph (B).''; and (2) in subparagraph (B), in the matter preceding clause (i), by striking ``not described in subparagraph (A)'' and inserting ``and thus eligible for use in the production of cut components or knit-to-shape components described in subparagraph (A)(ii)''. (c) User Developed Beneficiary Sub-Saharan African Countries.-- Section 112(b)(3)(B) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(B)) is amended-- (1) in clause (ii)-- (A) in subclause (II), by inserting ``and'' after the semicolon; and (B) by striking subclauses (III) and (IV) and inserting the following: ``(III) 2.9285 percent for the 1- year period beginning October 2, 2005, and for each 1-year period thereafter through September 30, 2015.''; (2) in clause (iii)-- (A) in subclause (II), by striking ``and''; (B) in subclause (III), by striking the period and inserting ``; and''; and (C) by adding after subclause (III) the following: ``(IV) Mauritius, except that the applicable percentage with respect to Mauritius shall be 5 percent of the applicable percentage described in clause (ii)(III).''; and (3) by striking clause (iv).

Answer Africa's Call Act - Amends the Internal Revenue Code to impose an additional income tax (surcharge) on adjusted gross incomes exceeding certain threshold levels (in order to fund the U.S. International Finance Facility). Establishes the United States International Finance Facility Trust Fund in the Treasury consisting of such amounts appropriated or credited to the Trust Fund, including amounts collected from the surcharge). Makes such Fund amounts available without further appropriation for expenditures in connection with U.S. commitments to the International Finance Facility. Amends the Trade Act of 1974 to modify the preferential trade treatment for agricultural products of beneficiary sub-Saharan African countries. Removes the limitation on eligibility for duty-free treatment of an agriculture product subject to a tariff-rate quota exceeding the in-quota amount, if the over-quota import is the growth, product, or manufacture of a beneficiary sub-Saharan African country. Requires the President to: (1) assess a duty on such an over-quota product if its unit import price is less than the annual trigger price; (2) establish an annual trigger price for each such product; and (3) notify the beneficiary sub-Saharan African country concerned of such additional duty. Amends the African Growth and Opportunity Act (AGOA) to revise criteria for preferential treatment of apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States to make certain yarn or fabrics eligible for use in the production of specified cut or knit-to-shape apparel articles. Modifies AGOA special rules for lesser developed countries with respect to preferential treatment for apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or yarn used. Extends through FY 2015 the applicable percentage component of the preferential treatment formula established for FY 2005. Includes Mauritius in such extension, with no change in its current limitation of 5% of such applicable percentage.

To implement measures to help alleviate the poor living conditions in Africa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Protection and Restoration Committee Act''. SEC. 2. GREAT LAKES PROTECTION AND RESTORATION COMMITTEE. (a) Establishment.--There is established a committee to be known as the ``Great Lakes Protection and Restoration Committee'' (hereinafter referred to in this section as the ``Committee''). (b) Purpose.--The purpose of the Committee is to conduct a study and report on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States and to make recommendations for prioritization of such goals, legislation and funding to achieve such goals, and improvement of coordination among programs and governments with respect to such goals. (c) Study and Report.-- (1) Study.--The Committee shall conduct a study, based on restoration goals for the Great Lakes prepared by the Governors of Great Lakes States, to identify the best methods by which to protect and restore the Great Lakes. The study shall include-- (A) an analysis of Federal and State funding for the 10-year period ending on the date of the enactment of this Act for programs established and carried out to achieve the restoration goals, including an assessment of the success of the programs; and (B) an analysis of the expected accomplishments of such programs for the 10-year period beginning on the date of the enactment of this Act based on existing funding levels for the programs. (2) Report.--Not later than one year after the date of the initial meeting of the Committee under subsection (e)(1), the Committee shall submit to the President, Congress, and the Governor of each Great Lakes State, and make available to the national Government of Canada and the Premiers of the Provinces of Ontario and Quebec, a report that includes-- (A) the results of the study, including a detailed statement of the findings and conclusions of the Committee; (B) recommendations for the prioritization of the restoration goals for the Great Lakes prepared by the Governors of the Great Lakes States; (C) specific benchmarks for the 10-year period beginning on the date of the enactment of this Act to measure the achievement of such restoration goals; (D) recommendations for proposed Federal and State legislation for obtaining additional authority and funding as necessary to achieve such restoration goals; (E) recommendations for methods to improve coordination among existing Federal, State, local, and non-governmental programs established to achieve the restoration goals prepared by the Governors of the Great Lakes States; and (F) recommendations for methods to improve coordination between Federal, State, and local programs in the United States and the national Government of Canada and the Governments of the Provinces of Ontario and Quebec with respect to environmental protection and restoration activities in the Great Lakes. (d) Membership.-- (1) Voting members.--The Committee shall be composed of 25 voting members, of whom-- (A) 8 members shall be the Governors of the Great Lakes States (or designees of the Governors); (B) 13 members shall be appointed by the President, of whom-- (i) 1 member shall be a representative of the Department of the Interior; (ii) 1 member shall be a representative of the Corps of Engineers; (iii) 1 member shall be a representative of the Great Lakes National Program Office of the Environmental Protection Agency; (iv) 1 member shall be a representative of the National Oceanic and Atmospheric Administration; (v) 1 member shall be a representative of the Department of Agriculture; and (vi) 8 members shall be chief executives of cities, counties, or municipalities in the Great Lakes Region, of whom 1 member shall be from each Great Lakes State; (C) 1 member shall be appointed by the Speaker of the House of Representatives; (D) 1 member shall be appointed by the minority leader of the House of Representatives; (E) 1 member shall be appointed by the President pro tempore of the Senate; and (F) 1 member shall be appointed by the minority leader of the Senate. (2) Nonvoting members.--The Committee shall include 10 nonvoting members appointed by the President, of whom-- (A) 2 members shall be representatives of the environmental community; (B) 2 members shall be representatives of industry; (C) 2 members shall be representatives of the scientific community with expertise on the environmental conditions of the Great Lakes; (D) 2 members shall be representatives of Indian tribes located in the Great Lakes Region; (E) 1 member shall be a United States Commissioner of the Great Lakes Fishery Commission appointed under section 3(a)(1) of the Great Lakes Fishery Act of 1956 (16 U.S.C. 932(a)(1)); and (F) 1 member shall be the Chair of the United States Section of the International Joint Commission established by the Boundary Waters Treaty of 1909. (3) Nonvoting observers.--The Committee may include nonvoting observers, including-- (A) the Premiers of the Canadian Provinces of Ontario and Quebec; (B) a representative of the national Government of Canada; and (C) a representative of the Department of State. (4) Date of appointment.--The appointment of each member of the Committee shall be made not later than 90 days after the date of the enactment of this Act. (5) Term.--A member shall be appointed for the life of the Committee. (6) Vacancies.--A vacancy on the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment was made. (7) Chairperson and vice chairperson.--The Committee shall select a Chairperson from among the members of the Committee described in paragraph (1)(A) and a Vice Chairperson from among the members of the Committee appointed under clauses (i) through (v) of paragraph (1)(B). (8) Compensation.--Members of the Committee shall serve without pay. (9) Travel expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Meetings.-- (1) Initial.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee. (2) Subsequent.--The Committee shall meet at the call of the Chairperson. (3) Quorum.--A majority of the voting members of the Committee described in subsection (d)(1) shall constitute a quorum, but a lesser number of members may hold hearings. (f) Powers.-- (1) Hearings.--The Committee may hold hearings, meet and act, take testimony, and receive evidence as the Committee considers advisable to carry out this Act. (2) Information from federal agencies.-- (A) In general.--The Committee may secure directly from a Federal agency such information as the Committee considers necessary to carry out this Act. (B) Provision of information.--On request of the Chairperson of the Committee, the head of the agency shall provide the information to the Committee. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (g) Staff.-- (1) Appointment.-- (A) Executive director.--The Committee may appoint and terminate an executive director. (B) Other staff.--The Chairperson of the Committee may appoint and terminate such other additional personnel as are necessary to enable the Committee to perform the duties of the Committee. (2) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Detail of federal government employees.-- (A) In general.--An employee of the Federal Government may be detailed to the Committee without reimbursement. (B) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (4) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (h) Termination.--The Committee shall terminate 90 days after the date on which the Committee submits the report of the Committee under subsection (c)(2). (i) Definitions.--In this Act: (1) Great lakes.--The term ``Great Lakes'' means Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Ontario, Lake Superior, and the connecting channels of those lakes, including the Saint Mary's River, the Saint Clair River, the Detroit River, and the Saint Lawrence River to the Canadian border. (2) Great lakes state.--The term ``Great Lakes State'' means each of the States of Illinois, Indiana, Ohio, Michigan, Minnesota, New York, Pennsylvania, and Wisconsin. (3) Great lakes region.--The term ``Great Lakes region'' means the region comprised of the Great Lakes States. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until the date of termination of the Committee under subsection (h).

Great Lakes Protection and Restoration Committee Act - Establishes the Great Lakes Protection and Restoration Committee to: (1) study and report to the President, the Congress, and the Governor of each Great Lakes State on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States; and (2) make recommendations for prioritization of such goals, legislation, and funding to achieve them, and improvement of coordination among programs and governments with respect to them.

To establish the Great Lakes Protection and Restoration Committee.

SEC. . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET OPERATING LOSSES. (a) Subsection (c) of section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to read as follows: ``(c) Special Administrative Rules.-- ``(1) Income included in native corporation return.--At the joint election of a Native Corporation and a corporation (referred to in this subsection (c) as the `buyer corporation') with which the Native Corporation entered into a transaction permitted under section 60(b)(5) of the Tax Reform Act of 1984 and section 1804(e)(4) of the Tax Reform Act of 1986 (referred to in this subsection (c) as a `Native Corporation transaction'), income assigned, transferred or otherwise made available by the buyer corporation through the use of a corporation (referred to in this subsection (c) as the `profit subsidiary') by reason of such transaction for a period in which the profit subsidiary qualified as a member of the affiliated group of which the Native Corporation was the common parent shall be included in the taxable income of the Native Corporation affiliated group solely for purposes of section 6212 of the Internal Revenue Code-- ``(A) Election.--The election under this subsection (c) for the taxable year to which the election relates shall be made no later than 120 days after the date of enactment of this amendment. The election shall be irrevocable and shall be made by filing with the district director for the Anchorage district office of the Internal Revenue Service a written statement signed by responsible officers of the Native Corporation and the electing buyer corporation that-- ``(i) identifies the Native Corporation, the profit subsidiary, and the buyer corporation (and their taxpayer identification numbers) and states their agreement to make the election provided in this subsection (c); ``(ii) states the amount of income assigned, transferred or otherwise made available to the profit subsidiary for the taxable year by reason of the Native Corporation transaction; ``(iii) if profit subsidiaries related to a buyer corporation other than the electing buyer corporation were members of the affiliated group of which the Native Corporation was the common parent, describes the order and the amount of the losses and credits of the Native Corporation affiliated group that were used to offset the income of each profit subsidiary; ``(iv) states the agreement of the buyer corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 180 days after the date the tax liability for the taxable year in which the Native Corporation transaction occurred is finally determined; ``(v) states the agreement of the Native Corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 120 days after the date on which the Native Corporation makes the election under this subsection; and ``(vi) the Native Corporation and the buyer corporation agree that the Service is authorized to make any refund of any overpayment that is determined to be due, jointly to the Native Corporation and the electing buyer corporation. If a Native Corporation has engaged in multiple Native Corporation transactions, such election shall be independently made by each buyer corporation on separate written statements. A buyer corporation that elects under this provision must so elect for all Native Corporation transactions with the particular Native Corporation with whom the election is made for which the statue of limitations for assessment is open. ``(B) Taxable rate.--Notwithstanding section 11 of the Internal Revenue Code, any income of the profit subsidiary that is subject to the election provided in this subsection (c) shall be taxed at the rate that such income would have been taxed if it had been included in the return of the buyer corporation for the taxable year from which such income was assigned, transferred or otherwise made available. Solely for purposes of issuing a notice under section 6212 of the Internal Revenue Code to a Native Corporation for a Native Corporation transaction for which an election has been made under this subsection (c), the tax may be computed by applying the maximum corporate rate under section 11 of the Internal Revenue Code. ``(2) Treatment of native corporation as common parent as sole agent.--The common parent of an affiliated group which includes a Native Corporation that elects under subsection (c)(1) shall be the sole agent for the profit subsidiary for purposes of the Native Corporation transaction for the period of affiliation. ``(3) Collection of tax from buyer corporation.--For purposes of this subsection, the amount of any tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary shall be paid by and be collectible from the profit subsidiary and the buyer corporation for the taxable year for which income was assigned, transferred or otherwise made available by the buyer corporation in connection with the Native Corporation transaction. ``(4) Payment of tax by native corporation.--If, after the election provided in subsection (c)(1) is made, the Native Corporation pays all or any part of the tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary, such payment shall be deemed to be a payment by the buyer corporation for the taxable year for which such income would otherwise have been included in the buyer corporation's return if the election provided in subsection (c)(1) was not made-- ``(A) Filing of refund claim.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of sections 6402 and 6511 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary and shall be entitled to file a claim for refund as the taxpayer with respect to any taxes, interest, additions to tax, penalties or other amounts attributable to the income of the profit subsidiary. ``(B) Filing of refund suit.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of section 7422 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary, and as the plaintiff for purposes of section 1402 of title 28, United States Code, and shall be entitled to file and maintain a proceeding in court as the taxpayer for the recovery of such amounts. ``(C) Refund of overpayment.--In the event that an overpayment is determined to be due, whether by final administrative or judicial decision, with respect to a Native Corporation transaction (c)(1), the Native Corporation shall be treated as the person who made the overpayment within the meaning of section 6402(a) of the Internal Revenue Code. Notwithstanding any law or rule of law, including the preceding sentence, any refund of such overpayment may be made jointly to the Native Corporation and to the electing buyer corporation, as agreed to under paragraph (A)(v) of subsection (c)(1). ``(5) Participatory rights of electing buyer corporation.-- Any buyer corporation that makes an election under subsection (c)(1) shall have the right to-- ``(A) submit a written statement and participate with the Native Corporation in any administrative proceeding relating to any proposed adjustment regarding a Native Corporation transaction for which an election has been made; and ``(B) file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the Native Corporation involving a proposed adjustment regarding such a Native Corporation transaction. All written notices or other reports issued by the Secretary or his delegate with respect to such a Native Corporation transaction shall be issued to the Native Corporation, and it shall be the obligation of the Native Corporation to provide copies thereof to the electing buyer corporation. Rules similar to the rules of subparagraphs (B) and (C) of paragraph (7) shall apply for purposes of this paragraph. ``(6) Final determination of issues.-- ``(A) All issues with respect to the Native Corporation transaction with respect to which an election is made under subsection (c)(1), including the applicability of any interest, addition to tax, penalty or other amount, shall be determined by administrative or judicial decision with respect to the consolidated return of the Native Corporation affiliated group. ``(B) Upon such determination, any income of the profit subsidiary that is not offset in the Native Corporation transaction shall be reported on the buyer corporation's return as if it were originally reported thereon and subject to all adjustments, including net operating loss or other carrybacks, to which such income would otherwise be subject. ``(7) No effect on nonelecting corporations.--The absence of an election by a Native Corporation and a buyer corporation with respect to a Native Corporation transaction shall not restrict the authority of the Secretary of the Treasury or his delegate to settle or litigate with any nonelecting buyer corporation with respect to any issue relating to such a transaction-- ``(A) Rights of native corporation.--For any such Native Corporation transaction for which no election is made under subsection (c)(1), the Native Corporation shall have the right to submit a written statement and participate with the buyer corporation in any administrative proceeding relating to any proposed adjustment regarding such Native Corporation transaction; and to file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the non-electing buyer corporation involving a proposed adjustment regarding such Native Corporation transaction. ``(B) Extension of statute of limitations.-- Subparagraph (A) shall not apply if the Secretary of the Treasury or his delegate determines that an extension of the statute of limitations is necessary to permit the participation described in subparagraph (A) and the taxpayer and the Secretary or his delegate have not agreed to such extension. ``(C) Failures.--For purposes of the 1986 Code, any failure by the Secretary of the Treasury or his delegate to comply with the provisions of this subsection shall not affect the validity of the determination of the Internal Revenue Service of any adjustment of tax liability of any non-electing buyer corporation. ``(8) Effective date.--This provision shall be effective for all taxable years for which the statute of limitations for assessment with respect to an electing Native Corporation has not expired prior to the date of enactment of this Act-- ``(A) Extension of statute of limitations.--Any Native Corporation for which the statue of limitations for assessment will expire within 120 days after the date of enactment of this section shall have the right upon request to extend such statute of limitations pursuant to section 6501(c)(4) of the Internal Revenue Code to a date not less than 120 days after the date of enactment of this section. ``(B) Period for assessments.--If the statute of limitations for assessments with respect to an electing Native Corporation has not expired prior to the date of the enactment of this Act, such period shall not expire before the date 120 days after the date on which the Native Corporation makes the election under this subsection.''. (b) Section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended by adding, after subsection (e), new subsection (f) to read as follows: ``(f) Increase in Underpayment Rate.--For purposes of determining the amount of interest payable under section 6601 of the Internal Revenue Code on a tax underpayment attributable to a Native Corporation transaction for which an election has been made under subsection (c) hereof, the underpayment rate otherwise applicable under section 6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be increased by 0.5 percentage points.''.

Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation.

A bill to provide Alaska Native Corporations, through an election process, standing to contest the disallowance of certain tax losses by the Internal Revenue Service if the purchasers of the losses agree; and to offset any associated revenue losses by increasing the interest rate on certain related tax deficiencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Travel Cost Reduction Act''. SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES. (a) In General.--Chapter 57 of title 5, United States Code, is amended by inserting after section 5709 the following new section: ``Sec. 5710. Business accounts for air travel ``(a) The General Services Administration or any agency entering into a contract with an air carrier for travel on official business-- ``(1) subject to the provisions of paragraph (2), shall include as a term of such contract that such air carrier shall-- ``(A) establish a separate air travel business account for any employee, designated by the head of the agency employing such employee, for travel on official business by such employee on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to such employee for travel on official business into the employee's air travel business account; and ``(C) apply any such award or bonus from such employee's air travel business account to any travel on official business by such employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and ``(2) may include as a term of such contract, as an alternative to the term required under paragraph (1), that such air carrier shall-- ``(A) establish an air travel business account for any office or administrative unit of an agency, as designated by the head of such agency, for travel on official business by employees of such office or administrative unit on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to any employee of such office or administrative unit for travel on official business into the air travel business account of such office or administrative unit; and ``(C) apply any such award or bonus from the air travel business account of such office or administrative unit to any travel on official business by any employee of such office or administrative unit except that such awards or bonuses shall not be used for seating upgrades. ``(b) All air travel business accounts established under this section shall be separate from any personal account of an employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards shall not be used for seating upgrades. ``(c) To the greatest extent practicable, the General Services Administration shall include the term described under subsection (a)(2) in a contract to maximize travel costs savings. ``(d) The General Services Administration shall promulgate regulations to carry out the provisions of this section. Such regulations shall include a requirement that, to the greatest extent practicable to maximize travel costs savings, employees shall-- ``(1) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and ``(2)(A) participate in any program of such air carrier awarding awards and bonuses; and ``(B) use such awards and bonuses for only official business travel except that such awards shall not be used for seating upgrades.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5709 the following new item: ``5710. Business accounts for air travel.''. SEC. 3. APPLICATION TO THE CONGRESS. (a) In General.--No later than 180 days after the date of the enactment of this Act, the Committee on Rules and Administration of the Senate and the Committee on Administration of the House of Representatives shall promulgate regulations relating to Members of Congress and any employee whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, respectively, that-- (1) require any Member of the Senate, officer of the Senate, Member of the House of Representatives, or officer of the House of Representatives who enters into a contract with an air carrier for travel on official business by a Member or employee-- (A) subject to the provisions of subparagraph (B), shall include as a term of such contract that such air carrier shall-- (i) establish a separate air travel business account for any Member or employee, designated by the applicable Member or employing committee or office of such employee, for travel on official business by such Member or employee on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to such Member or employee for travel on official business into the Member's or employee's air travel business account; and (iii) apply any such award or bonus from such Member's or employee's air travel business account to any travel on official business by such Member or employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and (B) may include as a term of such contract, as an alternative to the term required under subparagraph (A), that such air carrier shall-- (i) establish an air travel business account for any committee or office as designated by the applicable Member, committee, or office, for travel on official business by Members or employees of such committee or office on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to any Member or employee of such committee or office for travel on official business into the air travel business account of such committee or office; and (iii) apply any such award or bonus from the air travel business account of such committee or office to any travel on official business by any Member or employee of such committee or office except that such awards or bonuses shall not be used for seating upgrades; and (2) to the greatest extent practicable to maximize travel costs savings, require committees and offices (including Members' offices)-- (A) to enter into contracts with air carriers awarding awards and bonuses for official business travel; and (B) to require Members and employees to-- (i) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and (ii)(I) participate in any program of such air carrier awarding awards and bonuses; and (II) use such awards and bonuses for only official business travel except that such awards or bonuses shall not be used for seating upgrades. (b) Separate Business Accounts.--All air travel business accounts established under this section shall be separate from any personal account of a Member or employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards or bonuses shall not be used for seating upgrades. (c) Committee and Office Accounts.--To the greatest extent practicable, any Member of Congress or officer of the Congress entering into a contract as provided under this section shall include the term described under subsection (a)(1)(B) to maximize costs savings.

Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business; and (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier.

Government Travel Cost Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003''. SEC. 2. HOPE VI PROGRAM REAUTHORIZATION. (a) Selection Criteria.--Section 24(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- (1) by striking the matter preceding subparagraph (A) and inserting the following: ``(2) Selection criteria.--The Secretary shall establish criteria for the award of grants under this section and shall include among the factors--''; (2) in subparagraph (B), by striking ``large-scale''; (3) in subparagraph (D)-- (A) by inserting ``and ongoing implementation'' after ``development''; and (B) by inserting ``, except that the Secretary may not award a grant under this section unless the applicant has involved affected public housing residents at the beginning and during the planning process for the revitalization program, prior to submission of an application'' before the semicolon at the end; (4) in subparagraph (H), by striking ``and'' at the end; (5) by redesignating subparagraph (I) as subparagraph (M); and (6) by inserting after subparagraph (H) the following new subparagraphs: ``(I) the extent to which the applicant can commence and complete the revitalization plan expeditiously; ``(J) the extent to which the plan minimizes temporary or permanent displacement of current residents of the public housing site who wish to remain in or return to the revitalized community and provides for community and supportive services to residents prior to any relocation; ``(K) the extent to which the plan sustains or creates more project-based housing units available to persons eligible for public housing in markets where there is demand for the maintenance or creation of such units; ``(L) the extent to which the plan gives to existing residents priority for occupancy in dwelling units in the revitalized community; and''. (b) Definition of Severely Distressed Public Housing.--Section 24(j)(2)(A)(iii) of the United States Housing Act of 1937 (42 U.S.C. 1437v(j)(2)(A)(iii)) is amended-- (1) in subclause (I)-- (A) by inserting ``or very low-income elderly or non-elderly disabled persons'' before the first comma; and (B) by striking ``or'' at the end; (2) in subclause (II), by inserting ``or'' after the semicolon at the end; and (3) by inserting at the end the following new subclause: ``(III) is lacking in sufficient appropriate transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services, resulting in severe social distress in the project;''. (c) Authorization of Appropriations.--Paragraph (1) of section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by inserting before the period at the end the following: ``and such sums as may be necessary for each of fiscal years 2004 and 2005''. (d) Extension of Program.--Section 24(n) of the United States Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2004'' and inserting ``September 30, 2005''. SEC. 3. HOPE VI GRANTS FOR ASSISTING AFFORDABLE HOUSING THROUGH MAIN STREET PROJECTS. (a) Purposes.--Section 24(a) of the United States Housing Act of 1937 (42 U.S.C. 1437v(a)) is amended by adding after and below paragraph (4) the following: ``It is also the purpose of this section to provide assistance to smaller communities for the purpose of facilitating the development of affordable housing for low-income families that is undertaken in connection with a main street revitalization or redevelopment project in such communities.''. (b) Grants for Assisting Affordable Housing Developed Through Main Street Projects in Smaller Communities.--Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended-- (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following new subsection: ``(n) Grants for Assisting Affordable Housing Developed Through Main Street Projects in Smaller Communities.-- ``(1) Authority and use of grant amounts.--The Secretary may make grants under this subsection to smaller communities. Such grant amounts shall be used by smaller communities only to provide assistance to carry out eligible affordable housing activities under paragraph (3) in connection with an eligible project under paragraph (2). ``(2) Eligible project.--For purposes of this subsection, the term `eligible project' means a project that-- ``(A) the Secretary determines, under the criteria established pursuant to paragraph (3), is a main street project; ``(B) is carried out within the jurisdiction of smaller community receiving the grant; and ``(C) involves the development of affordable housing that is located in the commercial area that is the subject of the project. ``(3) Main street projects.--The Secretary shall establish requirements for a project to be consider a main street project for purposes of this section, which shall require that the project-- ``(A) has as its purpose the revitalization or redevelopment of a historic or traditional commercial area; ``(B) involves investment, or other participation, by the government for, and private entities in, the community in which the project is carried out; and ``(C) complies with such historic preservation guidelines or principles as the Secretary shall identify to preserve significant historic or traditional architectural and design features in the structures or area involved in the project. ``(4) Eligible affordable housing activities.--For purposes of this subsection, the activities described in subsection (d)(1) shall be considered eligible affordable housing activities, except that-- ``(A) such activities shall be conducted with respect to affordable housing rather than with respect to severely distressed public housing projects; and ``(B) eligible affordable housing activities under this subsection shall not include the activities described in subparagraphs (B) through (F) or (J) through (L) of subsection (d)(1). ``(5) Maximum grant amount.--A grant under this subsection for a fiscal year for a single smaller community may not exceed $1,000,000. ``(6) Contribution requirement.--A smaller community applying for a grant under this subsection shall be considered an applicant for purposes of subsection (c) (relating to contributions by applicants), except that-- ``(A) such supplemental amounts shall be used only for carrying out eligible affordable housing activities; and ``(B) paragraphs (1)(B) and (3) shall not apply to grants under this subsection. ``(7) Applications and selection.-- ``(A) Application.--Pursuant to subsection (e)(1), the Secretary shall provide for smaller communities to apply for grants under this subsection, except that the Secretary may establish such separate or additional criteria for applications for such grants as may be appropriate to carry out this subsection. ``(B) Selection criteria.--The Secretary shall establish selection criteria for the award of grants under this subsection, which shall be based on the selection criteria established pursuant to subsection (e)(2), with such changes as may be appropriate to carry out the purposes of this subsection. ``(8) Cost limits.--The cost limits established pursuant to subsection (f) shall apply to eligible affordable housing activities assisted with grant amounts under this subsection. ``(9) Inapplicability of other provisions.--The provisions of subsections (g) (relating to disposition and replacement of severely distressed public housing), (h) (relating to administration of grants by other entities), and (i) (relating to withdrawal of funding) shall not apply to grants under this subsection. ``(10) Reporting.--The Secretary shall require each smaller community receiving a grant under this subsection to submit a report regarding the use of all amounts provided under the grant. ``(11) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Affordable housing.--The term `affordable housing' means rental or homeownership dwelling units that-- ``(i) are made available for initial occupancy subject to the same rules regarding level of income and income mix as dwelling units in public housing projects assisted with a grant under this section; and ``(ii) are subject to the same rules regarding occupant contribution toward rent or purchase and terms of rental or purchase as dwelling units in public housing projects assisted with a grant under this section. ``(B) Smaller community.--The term `smaller community' means a unit of general local government (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) that-- ``(i) has a population of 30,000 or fewer; and ``(ii)(I) is not served by a public housing agency; or ``(II) is served by a single public housing agency, which agency administers 100 or fewer public housing dwelling units.''. (c) Annual Report.--Section 24(l) of the United States Housing Act of 1937 (42 U.S.C. 1437v(l)) is amended-- (1) in paragraph (3), by striking ``; and'' and inserting ``, including a specification of the amount and type of assistance provided under subsection (n);''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) the types of projects funded, and number of affordable housing dwelling units developed with, grants under subsection (n); and''. (d) Funding.--Section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)) is amended by adding at the end the following new paragraph: ``(3) Set-aside for main street housing grants.--Of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall provide up to 5 percent for use only for grants under subsection (n).''.

HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 - (Sec. 2) Amends the United States Housing Act of 1937 to revise criteria for HOPE VI (urban revitalization demonstration program) grants, including addition of criteria regarding tenant displacement, existing tenant occupancy priority, and timeliness of project completion.Revises the definition of "severely distressed public housing" to include: (1) buildings or projects that include very low-income elderly or nonelderly disabled persons; and (2) areas lacking sufficient affordable housing, transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services.Authorizes FY 2004 and 2005 appropriations. Extends program authority through September 30, 2005.(Sec. 3) Includes within the program's purposes assisting smaller communities to provide affordable low-income housing in connection with main street revitalization or redevelopment projects.Authorizes main street grants (maximum $1 million per year) to smaller communities for affordable low-income housing in a commercial area in connection with an eligible project.Requires that a project be focused on: (1) joint public-private revitalization or redevelopment of a historic or traditional commercial area; and (2) affordable housing rather than severely distressed public housing.Defines "smaller community" as a local government unit that: (1) has a population of under 30,000, and is without a public housing agency; or (2) has a public housing agency that administers 100 or fewer public housing dwelling units.Defines "affordable housing" as rental or homeownership units that are made available for initial occupancy subject to the same income and occupant contribution rules as dwelling units in public housing projects assisted with HOPE VI grants.Obligates up to five percent of HOPE VI appropriations for smaller community grants.

To reauthorize the HOPE VI program for revitalization of severely distressed public housing and to provide financial assistance under such program for main street revitalization or redevelopment projects in smaller communities to support the development of affordable housing for low-income families in connection with such projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekends Without Hunger Act''. SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. ``(3) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(4) Priority.--In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(5) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(6) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2015, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(7) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. ``(B) Availability of funds.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''. Passed the House of Representatives December 8, 2010. Attest: LORRAINE C. MILLER, Clerk.

Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary. Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013; and (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action. Authorizes appropriations for the pilot program.

To amend the Richard B. Russell National School Lunch Act to establish a weekend and holiday feeding program to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assessing Progress in Haiti Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On January 12, 2010, a massive earthquake struck near the Haitian capital city of Port-au-Prince, leaving an estimated 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation's civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 people displaced. (2) According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population was directly affected by the disaster and related damages and economic losses totaled $7,804,000,000. (3) Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of addressing poverty reduction through economic growth. (4) According to the World Food Programme, more than 6,700,000 people in Haiti (out of a population of about 10,000,000) are considered food insecure. (5) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over 500,000 reported cases and over 8,000 deaths to date, further straining the capacity of Haiti's public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts. (6) The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $10,400,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of September 30, 2013. (7) The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute. (8) Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic. (9) Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap- Haitien areas. (10) According to a recent report of the Government Accountability Office, as of June 30, 2013, USAID had disbursed 31 percent of its reconstruction funds in Haiti, the port project was 2 years behind schedule and USAID funding will be insufficient to cover a majority of the projected costs, the housing project has been reduced by 80 percent, and the sustainability of the power plant, the port, and the housing projects were all at risk. (11) GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap. (12) Donors have encountered significant challenges in implementing recovery programs, and nearly 4 years after the earthquake, an estimated 171,974 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak. (13) For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Government of Haiti to transparency, a market economy, rule of law, and democracy. (14) The legal environment in Haiti remains a challenge to achieving the goals supported by the international community. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that-- (1) promotes efforts that are led by and support the people and Government of Haiti at all levels so that Haitians lead the course of reconstruction and development of Haiti; (2) builds the long term capacity of the Government of Haiti and civil society in Haiti; (3) reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity; (4) respects and helps restore Haiti's natural resources, as well as builds community-level resilience to environmental and weather-related impacts; (5) provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data; (6) prioritizes the local procurement of goods and services in Haiti where appropriate; and (7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding United States assistance, including assistance to Haiti. SEC. 5. REPORT. (a) In General.--Not later than December 31, 2014, and annually thereafter through December 31, 2017, the Secretary of State shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti. (b) Contents.--The report required by subsection (a) shall include-- (1) a summary of ``Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity'', including any significant changes to the strategy over the reporting period and an explanation thereof; (2) a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance; (3) an assessment of the progress of United States efforts to advance the objectives of the ``Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity'' produced by the Department of State, compared to what remains to be achieved to meet specific goals, including-- (A) a description of any significant changes to the Strategy over the reporting period and an explanation thereof; (B) an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including-- (i) a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy; (ii) a description of United States Government efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and (iii) a description of United States Government efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments; (C) a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy at the program level; (D) the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the prime and subprime levels (in amounts of not less than $25,000); and (E) a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to waste, fraud, and abuse; (4) a description of measures taken to strengthen, and United States Government efforts to improve, Haitian governmental and nongovernmental organizational capacity to undertake and sustain United States-supported recovery programs; (5) as appropriate, a description of United States efforts to consult and engage with Government of Haiti ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post- Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity; (6) a description of efforts by Haiti's legislative and executive branches to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new donor- financed programs, as well as efforts to coordinate with and engage the Haitian diaspora; (7) consistent with the Government of Haiti's ratification of the United Nations Convention Against Corruption, a description of efforts of the Governments of the United States and Haiti to strengthen Government of Haiti institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti-corruption efforts; (8) a description of efforts to leverage public-private partnerships and increase the involvement of the private sector in Haiti in recovery and development activities and coordinate programs with the private sector and other donors; (9) a description of efforts to address the particular needs of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure; (10) a description of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women; (11) a description of mechanisms for communicating the progress of recovery and development efforts to the people of Haiti, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole; (12) a description of the steps the Government of Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States; and (13) an assessment of actions necessary to be taken by the Government of Haiti to assist in fulfilling the objectives of the Strategy. SEC. 6. STRATEGY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Western Hemisphere Affairs, shall coordinate and transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a three-year Haiti strategy based on rigorous assessments that-- (1) identifies and addresses constraints to sustainable, broad- based economic growth and to the consolidation of responsive, democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and anticipated resources for addressing the highest-priority constraints to economic growth and the consolidation of democracy, as well as a specific description of mechanisms for monitoring and evaluating progress; and (3) identifies specific steps and verifiable benchmarks appropriate to provide direct bilateral assistance to the Government of Haiti. (b) Elements.--The strategy required under subsection (a) should address the following elements: (1) A plan to engage the Government of Haiti on shared priorities to build long-term capacity, including the development of a professional civil service, to assume increasing responsibility for governance and budgetary sustainment of governmental institutions. (2) A plan to assist the Government of Haiti in holding free, fair and timely elections in accordance with democratic principles. (3) Specific goals for future United States support for efforts to build the capacity of the Government of Haiti, including to- (A) reduce corruption; (B) consolidate the rule of law and an independent judiciary; (C) strengthen the civilian police force; (D) develop sustainable housing, including ensuring appropriate titling and land ownership rights; (E) expand port capacity to support economic growth; (F) attract and leverage the investments of private sector partners, including to the Caracol Industrial Park; (G) promote large and small scale agricultural development in a manner that reduces food insecurity and contributes to economic growth; (H) improve access to potable water, expand public sanitation services, reduce the spread of infectious diseases, and address public health crises; (I) restore the natural resources of Haiti, including enhancing reforestation efforts throughout the country; and (J) gain access to safe, secure, and affordable supplies of energy in order to strengthen economic growth and energy security. (c) Consultation.--In devising the strategy required under subsection (a), the Secretary should-- (1) coordinate with all United States Government departments and agencies carrying out work in Haiti; (2) consult with the Government of Haiti, including the National Assembly of Haiti, and representatives of private and nongovernmental sectors in Haiti; and (3) consult with relevant multilateral organizations, multilateral development banks, private sector institutions, nongovernmental organizations, and foreign governments present in Haiti. (d) Briefings.--The Secretary of State, at the request of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, shall provide a quarterly briefing that reviews progress of the implementation of the strategy required under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on June 26, 2014. Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints; and (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti.

Assessing Progress in Haiti Act of 2014

SECTION 1. SHORT TITLE AND REFERENCES. (a) Short Title.--That this Act may be cited as the ``Community Services Block Grant Amendments of 1994''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). SEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM. (a) Community Initiative Program.--Section 681 (42 U.S.C. 9910) is amended to read as follows: ``community initiative program ``Sec. 681. (a) Grants.-- ``(1) Authority.-- ``(A) In general.--The Secretary is authorized to make grants to local, private, nonprofit community development corporations, or to enter into contracts or cooperative agreements with such community development corporations, to plan for and carry out economic development activities in economically distressed communities. ``(B) Economic development activities.--Economic development activities under this section shall be designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities and by providing support services that are designed to enhance the ability of low-income individuals and families to successfully avail themselves of such opportunities. In addition to any other activities consistent with the purposes of this section, such activities may include the development of facilities through means such as the establishment of partnerships with Head Start agencies, agencies or organizations providing child care or otherwise engaged in the field of child care or child development, and agencies or organizations serving children, youth and families. ``(2) Consultation.--The Secretary shall exercise the authority provided under paragraph (1) in consultation with other relevant Federal officials. ``(b) Governing Boards.--Each community development corporation receiving funds under this section shall be governed by a board that shall consist of residents of the community and business and civic leaders. ``(c) Annual Statement.--The Secretary shall annually publish a statement of the types of projects or activities for which funding under this section will be a priority, such as projects or activities designed to strengthen or enhance activities funded by other Federal programs. ``(d) Geographic Distribution.--In providing assistance or entering into other arrangements under this section, the Secretary shall take into consideration the geographic distribution of funds among States and the relative proportion of funding among rural and urban areas. ``(e) Reservation.--Of the amounts made available to carry out this section, the Secretary may reserve not to exceed 1 percent for each fiscal year to make grants to private nonprofit organizations or to enter into contracts with private nonprofit or for profit organizations to provide technical assistance to aid community development corporations in developing or implementing projects funded under this section and to evaluate projects funded under this section.''. (b) Repeal.--Section 505 of the Family Support Act of 1988 (42 U.S.C. 1315 note) is repealed. (c) Conforming Amendments.-- (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a)) is amended-- (A) in paragraph (1), by striking ``which remains after'' and all that follows through ``allot to each State;'' and inserting ``which remains after the Secretary makes the apportionment required in subsection (b)(1), allot to each State''; and (B) in paragraph (2)(A), by striking ``which remains after'' and all that follows through ``exceeds'' and inserting ``which remains after the Secretary makes the apportionment required in subsection (b)(1), exceeds''. (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is amended by striking ``section 681(d)'' and inserting ``section 672(b)''. (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is amended by striking ``section 681(c)'' and inserting ``section 681''. SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. (a) Authorization of Appropriations.--Subsection (b) of section 672 (42 U.S.C. 9901(b)) is amended to read as follows: ``(b) There are authorized to be appropriated $434,622,000 for fiscal year 1995, and such sums as may be necessary for each of fiscal years 1996 through 1998, to carry out the provisions of this subtitle.''. (b) Repeals.-- (1) Community food and nutrition.--Section 681A (42 U.S.C. 9910a) is repealed. (2) Demonstration partnership agreements.--Section 408 of the Human Services Reauthorization Act of 1986 (42 U.S.C. 9910b) is repealed. SEC. 4. ALLOTMENTS. (a) Section Heading.--Section 674 (42 U.S.C. 9903) is amended in the section heading to read as follows: ``allotments''. (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended-- (1) by redesignating subsections (a), (b), and (c) as subsections (e), (f), and (g), respectively; and (2) by inserting before subsection (e) (as so redesignated), the following new subsections: ``(a) With respect to amounts appropriated under section 672(b), the Secretary shall make allotments in accordance with subsections (b) through (g). ``(b) Of the amounts appropriated pursuant to section 672(b) for fiscal year 1995 and each of the following 4 fiscal years, the Secretary shall reserve $35,000,000 for each such fiscal year for carrying out section 681. ``(c) Of the amounts appropriated pursuant to section 672(b), the Secretary may reserve not to exceed one-half of 1 percent of the amount remaining after the application of subsection (b) for each of the fiscal years 1995 and 1996, and up to 1 percent of such amount for fiscal year 1997 and each fiscal year thereafter, for training, technical assistance, planning, and evaluation activities related to programs or projects carried out under this Act. Such activities may be carried out by the Secretary directly or through grants, contracts, or cooperative agreements. ``(d) Of the amounts appropriated pursuant to section 672(b), the Secretary may reserve not to exceed 2\1/2\ percent of the amount remaining after the application of subsection (b) for fiscal year 1995, up to 4 percent of such amount for fiscal year 1996, up to 5 percent of such amount for fiscal year 1997, and up to 6 percent of such amount for fiscal year 1998, for grants, contracts, or cooperative agreements to address needs or problems of the poor which are identified by the Secretary as priorities in the effort to alleviate the causes of poverty.''. SEC. 5. APPLICATIONS AND REQUIREMENTS. (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C. 9904(c)(1)(B)) is amended by inserting ``the homeless, migrants, and'' before ``the elderly poor''. (b) State Responsibilities.--Section 675(c)(2)(B) (42 U.S.C. 9904(c)(2)(B)) is amended to read as follows: ``(B) if less than 100 percent of the allotment is expended under subparagraph (A), provide assurances that with respect to the remainder of the allotment a reasonable amount shall be used for-- ``(i) monitoring the activities of eligible entities and providing training and technical assistance to those entities in need of such assistance; ``(ii) coordinating State-operated programs and services targeted to low-income children and families with services provided by eligible entities funded under this Act; and ``(iii) considering the distribution of funds under this Act within the State to determine if such funds have been targeted to the areas of highest need and, thereafter, not more than the greater of $55,000 or 5 percent of its allotment under section 674 for administrative expenses at the State level;''. (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 9904(c)(3)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (2) by striking the comma after ``provide assurances that'' and inserting ``(A)''; and (3) by inserting before the semicolon at the end thereof ``, and (B) in the case of a public organization receiving funds under this subtitle, such organization either establish-- ``(i) a board of which at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; or ``(ii) another mechanism specified by the State to assure citizen participation in the planning, administration, and evaluation of projects for which such organization has been funded;''. (d) Community Action Agency Plan.--Section 675(c) (42 U.S.C. 9904(c)) is amended-- (1) in paragraph (11)(B) by striking ``and'' at the end thereof; (2) in paragraph (12) by striking the period and inserting ``; and''; and (3) by inserting after paragraph (12) the following new paragraph: ``(13) secure from each eligible entity as a condition to its receipt of funding under this Act a community action plan (which shall be available to the Secretary for inspection) that includes-- ``(A) a community needs assessment (including food needs); ``(B) a description of the service delivery system targeted to low-income individuals and families in the service area; ``(C) a description of how linkages will be developed to fill identified gaps in services through information, referral, case management, and followup consultations; ``(D) a description of how funding under this Act will be coordinated with other public and private resources; and ``(E) a description of outcome measures to be used to monitor success in promoting self-sufficiency, family stability, and community revitalization.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall become effective with respect to fiscal years beginning on or after October 1, 1994.

Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to authorize a community initiative grant program to carry out economic development activities in economically distressed communities. Extends the authorization of appropriations for the community services block grant program. Obligates funds for the community initiatives program.

Community Services Block Grant Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Telemedicine and Medical Informatics Demonstration Act of 1996''. SEC. 2. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION PROJECT. (a) Purpose and Authorization.-- (1) In general.--Under section 1142 of the Social Security Act and consistent with this section, the Secretary of Health and Human Services, through the Agency for Health Care Policy and Research, shall make a grant to an eligible grantee to provide for a project to demonstrate the application of high- capacity computing and advanced networks to the provision of health care to both residents of medically underserved rural areas and residents of medically underserved inner-city areas. (2) Focus.--The project shall focus on-- (A) improvements in primary care (and prevention of complications) for those residents with diabetes (mellitus), and (B) those residents who are Medicare beneficiaries. (3) Duration of project.--The project shall be conducted over a 4-year period. (4) Authorization of appropriations; medicare and medicaid waiver authority.--The total amount of Federal expenditures that may be provided pursuant to this section under the project shall not exceed $30,000,000. Subject to such limitation, the Secretary may waive such provisions of title XVIII and XIX of the Social Security Act as may be appropriate in order to permit and demonstrate the provision of Medicare and Medicaid funding under the project. (b) Objectives of Project.--The objectives of the project include the following: (1) Improving patient access to and compliance with appropriate care guidelines for chronic diseases through direct telecommunications link with information networks in order to improve patient quality-of-life and reduce overall health care costs. (2) Developing a curriculum to train, and providing standards for credentialing and licensure of, health professionals (particularly primary care health professionals) in the use of medical informatics and telecommunciations. (3) Demonstrating the application of advanced technologies, such as video-conferencing from a patient's home, remote monitoring of a patient's medical condition, interventional informatics, and applying individualized, automated care guidelines, to assist primary care providers in assisting patients with chronic illnesses in a home setting. (4) Application of medical informatics to residents with limited English language skills. (5) Developing standards in the application of telemedicine and medical informatics. (6) Developing a model for the cost-effective delivery of primary and related care both in a managed care environment and in a fee-for-service environment. (c) Eligible Grantee.--For purposes of this section, the term ``eligible grantee'' means a consortium that includes at least one tertiary care hospital, at least one medical school, and at least one regional telecommunications provider and that meets the following requirements: (1) The consortium is located in an area with a high concentration of medical schools and tertiary care facilities and has appropriate arrangements (within or outside the consortium) with such schools and facilities, universities, and telecommunications providers, in order to conduct the project. (2) The consortium submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the use to which the consortium would apply any amounts received under the project and the source and amount of non-Federal contribution towards the project. (3) The consortium demonstrates that it will provide for a contribution toward the project from non-Federal funds or resources in an amount that is not less than 50 percent of the total amount to be expended in carrying out the project. (d) Use of Funds.-- (1) In general.--Federal payments made available to an eligible grantee under this section shall be used for the development and operation of telemedicine and medical informatics systems and related activities under the project. (2) Specific uses permitted.--Such payments may be used for any of the following: (A) The acquisition of telemedicine equipment for use in patients' homes (but only in the case of patients located in medically underserved areas). (B) Curriculum development and training of health professionals in medical informatics and telemedicine. (C) Payment of telecommunications costs (including salaries and maintenance of equipment), including costs of telecommunications between patients' homes and the eligible grantee and between the grantee and other entities under the arrangements described in subsection (c)(1). (D) Payments to practitioners and providers under the Medicare and Medicaid programs. (3) Prohibited uses.--Such payments may not be used for any of the following: (A) The purchase or installation of transmission equipment (other than such equipment used by health professionals to deliver medical informatics services under the project). (B) The establishment or operation of a telecommunications common carrier network. (C) Construction (except for minor renovations related to the installation of reimbursable equipment) or the acquisition or building of real property. (e) Reports.--The Secretary shall submit to the Committees on Ways and Means and Commerce of the House of Representatives and the Committees on Finance and Labor and Human Resources of the Senate interim reports on the project and a final report on the project within 6 months after the conclusion of the project. The final report shall include an evaluation of the impact of the use of telemedicine and medical informatics on improving access of medicare and medicaid beneficiaries to health care services, on reducing the costs of such services, and on improving the quality of life of such beneficiaries. (f) Definitions.--For purposes of this section: (1) Interventional informatics.--The term ``interventional informatics'' means using information technology and virtual reality technology to intervene in patient care. (2) Medical informatics.--The term ``medical informatics'' means the storage, retrieval, and use of biomedical and related information for problem solving and decision-making through computing and communications technologies. (3) Project.--The term ``project'' means the demonstration project under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Medicare Telemedicine and Medical Informatics Demonstration Act of 1996 - Directs the Secretary of Health and Human Services, through the Agency for Health Care Policy and Research, to make a grant to a consortium meeting specified criteria to provide for a project for the development and operation of telemedicine and medical informatics systems to demonstrate the application of high-capacity computing and advanced networks to the provision of health care to residents of medically underserved rural and inner-city areas. Requires the project to focus on Medicare beneficiaries and on improvements in primary care (and prevention of complications) for residents with diabetes (mellitus). Lists project objectives, which include improving patient access to and compliance with appropriate care guidelines for chronic diseases through direct telecommunications link with information networks in order to improve patient quality-of-life and reduce overall health care costs. Authorizes appropriations.

Medicare Telemedicine and Medical Informatics Demonstration Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Research Enhancement Act of 2008''. SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498C the following: ``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. ``(a) In General.--Notwithstanding any other provision of law (including any regulation or guidance), the Secretary shall conduct and support research that utilizes human embryonic stem cells (regardless of the date on which the stem cells were derived from a human embryo). ``(b) Ethical Requirements.--Human embryonic stem cells shall be eligible for use in any research conducted or supported by the Secretary if the cells meet each of the following: ``(1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. ``(2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded. ``(3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation.''. SEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is further amended by inserting after section 498D, as inserted by this Act, the following: ``SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. ``(a) In General.--Not later than 90 days after the date of the enactment of this section, the Director of NIH-- ``(1) shall issue guidelines on research involving human embryonic stem cells; and ``(2) may issue guidelines on research involving other human stem cells, as determined to be scientifically warranted by the Director of NIH. ``(b) Updates.-- ``(1) In general.--Subject to paragraph (2), the Director of NIH shall review and, as appropriate, update the guidelines issued under paragraphs (1) and (2) of subsection (a) when the Director determines that such updates are scientifically warranted. The Director of NIH may determine the extent to which such an update applies to ongoing National Institutes of Health conducted- or supported-research. ``(2) Frequency of updates.--The first update required under paragraph (1), with respect to guidelines issued under paragraph (1) or (2) of subsection (a), shall be made not later than the last day of the three-year period beginning on the date such respective guidelines are issued and each subsequent update to such respective guidelines shall be made not later than the last day of each subsequent three-year period. ``(c) Consideration of Other Guidelines.--In developing and updating the guidelines under this section, the Director of NIH shall, as appropriate, take into consideration guidelines on human stem cell research developed by nationally- and internationally-recognized scientific organizations. ``(d) Application of Guidelines to Research.-- ``(1) In general.--Subject to paragraph (2), research that is first conducted or supported by the National Institutes of Health on or after the effective date of the applicable guidelines under subsection (a) shall comply with such guidelines. ``(2) Exception for cells derived before the effective date of the guidelines.--The Director of NIH shall determine the extent to which the guidelines under this section shall apply to research described in paragraph (1) that uses human stem cells derived before the effective date of such guidelines. ``(e) Public Disclosure.--The Director of NIH shall publish the guidelines issued and updated under this section on the public website of the National Institutes of Health.''. SEC. 4. REPORTING REQUIREMENTS. Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended-- (1) by redesignating subparagraph (L) as (M); and (2) by inserting the following: ``(L) Human stem cells.''. SEC. 5. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) in developing, updating, and implementing the guidelines under section 498E of the Public Health Service Act, as added by section 3, the Director of the National Institutes of Health should consult with the Commissioner of Food and Drugs; (2) any research using human stem cells, irrespective of whether such research is federally funded, should comply with the guidelines under section 498E; and (3) the Commissioner of Food and Drugs should keep the Director of the National Institutes of Health informed of the types of human stem cell and related research that would facilitate the evaluation of the safety or effectiveness of drugs, devices, and biological products.

Stem Cell Research Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements. Requires the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells. Authorizes the Director to issue guidelines on research involving other human stem cells, as scientifically warranted. Provides for updates of guidelines under this Act. Directs the Secretary to take into consideration guidelines on human stem cell research developed by nationally- and internationally- recognized scientific organizations. Requires NIH research to comply with guidelines under this Act. Requires the Director to: (1) determine the extent to which the guidelines under this Act apply to research on human embryonic stem cells derived before the effective date of such guidelines; and (2) include in its biennial report to Congress a summary of research activities on human stem cells.

To amend the Public Health Service Act to provide for human embryonic stem cell research, to direct the National Institutes of Health to issue guidelines for such stem cell research, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Educational Opportunities for all Students Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--TITLE I OF THE ESEA PORTABILITY Sec. 101. Title I portability. TITLE II--ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES Sec. 201. Allowance of home school expenses as qualified education expenses for purposes of a Coverdell Education Savings Account. Sec. 202. Elimination of Coverdell Education Savings Account contribution limitation. TITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES Sec. 301. 529 programs for elementary and secondary education expenses. TITLE I--TITLE I OF THE ESEA PORTABILITY SEC. 101. TITLE I PORTABILITY. Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION. ``(a) In General.--Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this part among the local educational agencies in the State based on the number of eligible children enrolled in the public schools served by each local educational agency and the State-accredited private schools within each local educational agency's geographic jurisdiction. ``(b) Eligible Child.-- ``(1) Definition.--In this section, the term `eligible child' means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. ``(2) Criteria of poverty.--In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. ``(c) Student Enrollment in Public and Private Schools.-- ``(1) Identification of eligible children.--On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency and the State-accredited private schools within the local educational agency's geographic jurisdiction. ``(2) Allocation to local educational agencies.--Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). ``(3) Distribution to schools.--Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency and State-accredited private schools within the local educational agency's geographic jurisdiction-- ``(A) based on the number of eligible children enrolled in such schools; and ``(B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this subpart, and not to supplant such funds.''. TITLE II--FURTHER CLARIFICATION OF COVERDELL EDUCATION SAVINGS ACCOUNTS SEC. 201. ALLOWANCE OF HOME SCHOOL EXPENSES AS QUALIFIED EDUCATION EXPENSES FOR PURPOSES OF A COVERDELL EDUCATION SAVINGS ACCOUNT. (a) In General.--Paragraph (3) of section 530(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Private school.--For purposes of this section, the term `private school' includes any home school that meets the requirements of State law applicable to such home schools, whether or not such school is deemed a private school for purposes of State law.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 202. ELIMINATION OF COVERDELL EDUCATION SAVINGS ACCOUNT CONTRIBUTION LIMITATION. (a) In General.--Subparagraph (A) of section 530(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``or'' at the end of clause (i), by striking ``or'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (b) Prohibition on Excess Contributions.--Subsection (b) of section 530 of such Code is amended by adding at the end the following new paragraph: ``(5) Prohibition on excess contributions.--A program shall not be treated as a Coverdell education savings account unless it provides adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified education expenses of the beneficiary.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE III--529 PROGRAMS FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES SEC. 301. 529 PROGRAMS FOR PRE-KINDERGARTEN, ELEMENTARY, AND SECONDARY EDUCATION EXPENSES. (a) In General.--Paragraph (3) of section 529(e) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) by striking ``Qualified higher education expenses'' and all that follows through ``The term `qualified higher education expenses' means--'' and inserting the following: ``Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses, and ``(ii) qualified pre-kindergarten, elementary, and secondary education expenses. ``(B) Qualified higher education expenses.--The term `qualified higher education expenses' means''; and (3) by adding at the end the following new subparagraphs: ``(D) Qualified pre-kindergarten, elementary, and secondary education expenses.--The term `qualified pre- kindergarten, elementary, and secondary education expenses' means-- ``(i) expenses for tuition, fees, academic tutoring, special needs services in the case of a special needs beneficiary, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as a pre-kindergarten, elementary, or secondary school student at a public, private, or religious school, ``(ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance, and ``(iii) expenses for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the beneficiary and the beneficiary's family during any of the years the beneficiary is in school. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature. ``(E) School.--The term `school' means any school which provides pre-kindergarten, elementary, or secondary education (pre-kindergarten through grade 12), as determined under State law. Such a school shall be treated as an eligible educational institution for purposes of subsection (b).''. (b) Conforming Amendments.--Section 529 of such Code is amended by striking ``qualified higher education'' each place it appears in subsections (b) and (c) and inserting ``qualified education''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Enhancing Educational Opportunities for all Students Act - Amends the Elementary and Secondary Education Act of 1965 to allow a state educational agency to allocate grant funds among local educational agencies based on the number of eligible children (children age 5 to 17 from a family with an income below the poverty level) enrolled in the public schools and the state-accredited private schools within each local agency's geographic jurisdiction. Amends the Internal Revenue Code to: (1) allow payment of home school expenses from Coverdell education savings accounts; (2) remove the dollar limitation on contributions to Coverdell education savings accounts and require such accounts to provide adequate safeguards to prevent contributions from exceeding the amount necessary to provide for the qualified education expenses of the account beneficiary; and (3) allow tax-exempt qualified tuition programs (529 tuition programs) to pay qualified pre-kindergarten, elementary, and secondary education expenses.

Enhancing Educational Opportunities for all Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Good Neighbor Act of 2017''. SEC. 2. GOOD NEIGHBOR AUTHORITY. (a) In General.--The Cooperative Forestry Assistance Act of 1978 is amended-- (1) by redesignating section 19 (16 U.S.C. 2113) as section 18; and (2) by inserting after section 18 (as so redesignated) the following: ``SEC. 19. GOOD NEIGHBOR AUTHORITY. ``(a) Definitions.--In this section: ``(1) Authorized restoration services.--The term `authorized restoration services' means similar and complementary forest, rangeland, and watershed restoration services carried out-- ``(A) on National Forest System land, except-- ``(i) a component of the National Wilderness Preservation System; ``(ii) Federal land on which the removal of vegetation is prohibited or restricted by a law of Congress or a Presidential proclamation (including the applicable implementation plan); or ``(iii) a wilderness study area; and ``(B) by the Secretary or a Governor pursuant to a good neighbor agreement. ``(2) Forest, rangeland, and watershed restoration services.-- ``(A) In general.--The term `forest, rangeland, and watershed restoration services' means-- ``(i) an activity to treat insect- or disease-infected trees; ``(ii) an activity to reduce hazardous fuels; and ``(iii) any other activity to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. ``(B) Exclusions.--The term `forest, rangeland, and watershed restoration services' does not include-- ``(i) the construction, reconstruction, repair, or restoration of a paved or permanent road or parking area; or ``(ii) the construction, alteration, repair, or replacement of a public building or work. ``(3) Good neighbor agreement.--The term `good neighbor agreement' means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor to carry out authorized restoration services under this section. ``(4) Governor.--The term `Governor' means the Governor or any other appropriate executive official of a State. ``(5) Road.--The term `road' has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the National Forest Good Neighbor Act of 2017). ``(6) State.--The term `State' means-- ``(A) a State; and ``(B) the Commonwealth of Puerto Rico. ``(b) Good Neighbor Agreements.-- ``(1) Authority.-- ``(A) In general.--The Secretary may enter into a good neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section. ``(B) Public availability.--The Secretary shall make each good neighbor agreement available to the public. ``(2) Timber sales.-- ``(A) In general.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to authorized restoration services. ``(B) Approval of silviculture prescriptions and marking guides.--The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on National Forest System land described in subsection (a)(1)(A) in any timber sale project conducted under this section. ``(3) Retention of responsibilities.--Any decision required to be made by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services shall not be delegated to a Governor.''. (b) Conforming Amendments.-- (1) Section 2A(c)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking ``section 19(b)'' and inserting ``section 18(b)''. (2) Section 7(e) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence by striking ``section 19(b)'' and inserting ``section 18(b)''. (3) Section 13A(b) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking ``section 19(a)'' and inserting ``section 18(a)''.

National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state.

National Forest Good Neighbor Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Farmer Viability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the farm-retail price spread (the difference between farm and retail values) for dairy products has doubled since the early 1980's; (2) the price of raw milk sent to the market by dairy producers has fallen to levels received in 1978; and (3) the number of family-sized dairy operations has decreased by almost 75 percent in the last 2 decades, with some States losing nearly 10 percent of their dairy farmers in recent months. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Dairy Farmer Viability Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 15 members appointed by the Secretary. (2) Prohibition on federal government employment.--A member of the Commission appointed under paragraph (1) shall not be an employee or former employee of the Federal Government. (3) Date of appointments.--The appointment of a member of the Commission shall be made as soon as practicable after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.--The Commission shall conduct a study on matters relating to improving the viability of dairy farming. (b) Recommendations.--The Commission shall develop recommendations to improve the viability of dairy farming after considering, with respect to dairy industry-- (1) farm prices; (2) competition; (3) leverage; (4) stability; and (5) concentration in the marketplace. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A 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. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. The Secretary of Agriculture shall provide to the Commission for each fiscal year such sums as are necessary to carry out this Act, to be derived by transfer of a proportionate amount of funds for administrative expenses from each other account for which funds are made available to the Department of Agriculture for administrative expenses for the fiscal year. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under section 4(c).

Dairy Farmer Viability Act - Establishes the Dairy Farmer Viability Commission which shall study and report on matters affecting the viability of dairy farming.

A bill to establish the Dairy Farmer Viability Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunt Unrestricted on National Treasures Act'' or the ``HUNT Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal public land management agency.--The term ``Federal public land management agency'' means any of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) Travel management plan.--The term ``travel management plan'' means a plan for the management of travel-- (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency a report that includes-- (1) a list of the location and acreage of land more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the Federal public land management agency); (2) with respect to land described in paragraph (1), a list of the locations and acreage on the land that the head of the Federal public land management agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to land described in paragraph (2), a plan developed by the Federal public land management agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on the land. (b) List of Public Access Routes for Certain Land.--Not later than 1 year after the date of enactment of this Act, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency, and thereafter revise as the head of the Federal public land management agency determines appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes. (c) Means of Public Access and Egress Included.--In considering public access and egress under subsections (a) and (b), the head of the applicable Federal public land management agency shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Effect.-- (1) In general.--This Act shall have no effect on whether a particular recreational use shall be allowed on the land described in paragraphs (1) and (2) of subsection (a). (2) Effect of allowable uses on agency consideration.--In preparing the plan under subsection (a)(3), the head of the applicable Federal public land management agency shall only consider recreational uses that are allowed on the land at the time that the plan is prepared. SEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``Recreational public access to federal land.--In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.''.

Hunt Unrestricted on National Treasures Act or HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to the land's legal boundaries is significantly restricted; (2) a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5% of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.

HUNT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Now Tax Cut Act of 2010''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Exemption for Certain Individuals Hired in 2010.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, any local government, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2010. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period.

Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.

A bill to amend the Internal Revenue Code of 1986 to provide an exemption from employer social security taxes with respect to previously unemployed individuals, and to provide a credit for the retention of such individuals for at least 1 year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Corps Disestablishment Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to disestablish the Corps of Commissioned Officers of the National Oceanic and Atmospheric Administration, a uniformed service within the Department of Commerce; (2) to provide for fair treatment of retired officers and officers on the active list of the NOAA Corps, and other employees of the National Oceanic and Atmospheric Administration and the Department of Commerce; and (3) to provide for the retention of professional skills and experience required by NOAA to continue to carry out its mission effectively. SEC. 3. CONVERSION. (a) In General.--Not later than the disestablishment date each conversion-eligible officer who has signed a conversion agreement and the position to which such officer is assigned as of that date shall be converted into the civilian service. (b) Credit for Prior Service.--The total time served in the NOAA Corps and in any other uniformed service by an officer who is converted to the civilian service under subsection (a) shall be-- (1) credited under the Federal Employees' Retirement System in accordance with section 8411(c) of title 5, United States Code (and subject to any limitations in such section 8411(c) of such title), if the officer pays the deposit required by section 8422(e) of such title; (2) deemed to be creditable civilian service for the purposes of section 8410 of such title concerning eligibility for annuity, section 8442(b) of such title concerning rights of a widow or widower, and section 8451(a) of such title concerning disability retirement; and (3) credited in accordance with, and subject to limitations in, section 3502(a) of such title concerning retention in a reduction in force, and section 6303(a) of such title concerning annual leave accrual. (c) All officers converted to the civilian service under subsection (a) shall be eligible for health insurance in accordance with chapter 89 of title 5, United States Code, with such coverage effective retroactively to the effective date of that officer's conversion. SEC. 4. CONVERSION BENEFIT. (a) In General.--The Secretary shall, subject to the availability of appropriations, provide a conversion benefit to be calculated using the formula provided in section 1174a(b)(2)(A) of title 10, United States Code, to each conversion-eligible officer converted to the civilian service under section 3. (b) Repayment of Benefit Upon Leaving Within 180 Days of Conversion.--Any officer leaving the employment of NOAA within 180 days after conversion to the civilian service under section 3 shall refund to the Treasury an amount equal to 5 percent of the product of-- (1) the member's years of active service, multiplied by (2) 12 times the monthly basic pay to which the member is entitled on the date of the disestablishment of the NOAA Corps. (c) Contributions to the Thrift Savings Fund.--Notwithstanding the time periods set forth at 5 U.S.C. 8432(b), each conversion-eligible officer converted to the civilian service under section 3 shall be eligible immediately to make an election to contribute to the Thrift Savings Fund. SEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY. (a) Credit for Unused Leave.-- (1) Transferred leave.--Each officer who is in the NOAA Corps on the date of enactment of this Act and who is converted into or appointed to the civilian service without a break in service, shall receive a credit for unused leave which shall be transferred to that officer's credit in the employing agency in accordance with regulations promulgated by the Office of Personnel Management. No lump-sum payment shall be made for the leave that is transferred. (2) Lump-sum payment for leave.--Each officer who is in the NOAA Corps on the date of enactment of this Act and who receives a lump-sum payment for unused leave and is employed in the civilian service prior to the expiration of the period covered by the lump-sum payment, shall refund to the employing agency an amount equal to the compensation covering the period between the date of employment and the expiration of the period covered by such leave payment. The leave represented by any such refund shall be recredited to that officer by the employing agency in accordance with regulations promulgated by the Office of Personnel Management. (b) Retirement Fund Supplemental Liability.--There is authorized to be appropriated to the Civil Service Retirement and Disability Fund an amount equal to the Federal Employee Retirement System supplemental liability created by granting service credit under section 8411 of title 5, United States Code, to those NOAA Corps officers converted into the civilian service under section 3(a) of this Act. Such amount, as determined by the Office of Personnel Management, shall be credited to such Fund no later than September 30, 1998. SEC. 6. ADDITIONAL CIVILIAN POSITIONS. (a) In General.--Not later than the disestablishment date, the Under Secretary shall establish additional civilian positions in NOAA as determined to be necessary for fulfilling essential mission functions and may fill such positions in accordance with customary recruitment procedures. (b) Vacancy Information Provided to Retired Officers and Current Department of Commerce Employees.--Vacancy announcements for any positions described in subsection (a) shall be provided to each officer who retires after the date of enactment of this act and vacancy information shall be made available to current employees of the Department of Commerce at the initiation of a recruitment action concerning such positions. SEC. 7. DISESTABLISHMENT. (a) Disestablishment.--The Commissioned Officers Corps of the National Oceanic and Atmospheric Administration is disestablished as of October 1, 1997. (b) Eligibility for Noncompetitive Appointments.-- (1) Invountary separations.--Each officer in the NOAA Corps on the date of enactment of this Act, shall be afforded noncompetitive appointment eligibility for any competitive service position within the Department of Commerce for which the officer meets the minimum qualification requirements. Eligibility for this special noncompetitive appointment shall begin on the effective date of this Act and extend for-- (A) 1 year, in the case of an officer who has less than 3 years of service in the NOAA Corps, after the officer is involuntarily separated; and (B) 2 years, in the case of any other officer. (2) Appointments and conversions.--Each officer in the NOAA Corps on the date of enactment of this Act who has completed at least 1 year of continuous service as a NOAA Corps officer will acquire competitive status upon appointment or conversion under this Act. Officers who have completed at least 3 years of service in the NOAA Corps or other uniformed service will receive career appointments. All other officers will receive career-conditional appointments and their time in the Corps will be credited towards career tenure. Annual fitness reports shall constitute annual performance ratings for purposes of 5 CFR Part 351, for any officer who is appointed to or is converted into the civilian service, so as to provide entitlement to additional service credit for performance where needed. SEC. 8. SEPARATION AND RETIREMENT OF OFFICERS. (a) Separation.--Each conversion-eligible officer who has not signed a conversion agreement shall be involuntarily separated from the NOAA Corps not later than September 30, 1997. (b) Retirement.--Each officer who is on the active list of the NOAA Corps on the date of the enactment of this Act shall, if eligible to retire not later than September 30, 1997, under any provision of law, be retired under such provision not later than such date. (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any officer involuntarily separated from the NOAA Corps by reason of subsection (a) shall be eligible for separation pay as authorized by section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h). (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is amended by striking-- (1) ``, or $30,000, whichever is less'' in subsection (b)(1)(B); (2) ``, but in no event no more than $15,000'' in subsection (b)(2); and (3) subsection (d)(2). (e) Retirement Eligibility Based on Unused Leave.-- (1) Officers with 15 years' service.--A conversion-eligible officer shall be deemed to have 15 years of active service for purposes of all provisions and regulations concerning retirement of a member of a uniformed service for which a NOAA Corps officer is otherwise eligible if, as of the day prior to the disestablishment date the sum of such officer's length of active service in the NOAA Corps and other uniformed services plus an amount of such officer's unused leave equals or exceeds 15 years. (2) Retirement terms.--An officer described in paragraph (1)-- (A) is ineligible for conversion into the civilian service under section 3(a); (B) shall not qualify as a ``conversion-eligible officer'' as defined in section 13(3); (C) shall be retired under subsection (b) of this section; (D) shall receive retirement pay computed on the sum obtained in paragraph (1); and (E) shall not receive a lump sum payment for leave that is used to qualify for retirement under paragraph (1). SEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS. (a) Active NOAA Service Deemed To Be Service in the Navy.-- Effective on the disestablishment date, and as determined and credited by the Secretary of Commerce, the active service of each officer in the NOAA Corps and its predecessors who has retired shall be deemed to have been active service in the United States Navy for purposes of determining the rights, privileges, and benefits administered by the Department of Defense to which such officer and the officer's dependents and survivors are entitled. (b) Administration by Department of Defense of Retired Pay, Survivor and other Benefits.--Effective on the disestablishment date, authority and responsibility for the administration of retired pay for retired officers of the former NOAA Corps, survivor benefit annuities for their survivors, and all rights, privileges and benefits to which retired officers of the former NOAA Corps and its predecessors, their dependents and survivors are entitled in accordance with subsection (a) is transferred to the Secretary of the Navy. Such retired pay and survivor benefits shall be paid from the Department of Defense Military Retirement Fund. The one-time change in unfunded liability in that fund resulting from this subsection shall be considered to be an actuarial loss under the provisions of section 1465(c)(3) of title 10, United States Code. The cost of all other benefits, including those concerning health and dental care, provided to each officer and the officer's dependents and survivors in accordance with subsection (a) shall be paid from amounts appropriated to the Department of Defense. (c) Retired Pay Administration.--Effective on the disestablishment date-- (1) Section 1461(b) of title 10, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``, and''; and (C) by adding at the end the following new paragraph: ``(4) the provisions of law that created entitlement to, and determined the amount of, retired pay for retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors (as in effect before the disestablishment of that corps by the NOAA Corps Disestablishment Act).''. (2) Section 1461 of such title is amended by adding at the end thereof the following new subsection: ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of this title, the term `armed forces' shall be considered to include the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors.''. (3) Section 1463(a)(1) of such title is amended by inserting ``and to retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors'' before the semicolon at the end. (d) Actions by Secretary.--The Secretary shall-- (1) transfer promptly to the Secretary of the Navy all records required to implement this section; and (2) advise all retired members of the former NOAA Corps and its predecessors or their survivors of the functions to be assumed by the Secretary of the Navy under this Act. (e) Treatment of Prior Active Service.--Effective on the disestablishment date, and except as provided in subsection (a), the active service of an officer in the NOAA Corps and its predecessors (including that of an officer who has retired) shall continue to be treated as active duty in a uniformed service as provided in applicable law. SEC. 10. DISABILITY DETERMINATIONS. (a) In General.--Not later than the disestablishment date, the Secretary of Commerce shall, under section 1210(b) of title 10, United States Code, and based upon a physical examination, make a final determination of the case of each officer of the NOAA Corps whose name is on the temporary disabled retired list under section 1202 of such title. As provided in the second sentence of section 1210(b) of such title, if, at the time of that determination, the physical disability for which the officer's name was carried on the temporary disability retired list still exists, it shall be considered to be permanent and stable. Such an officer shall be retired in accordance with section 1210(c) or 1210(d) of such title or separated in accordance with section 1210(e) of such title, as applicable. (b) Substitution of Terms.--For purposes of making the determination required by subsection (a) under section 1210(b) of title 10, United States Code, ``15 years of service'' shall be substituted for ``20 years of service'' in sections 1210(d) and 1210(e) of that title. (c) Disposition of Officers Determined Not To Be Disabled.--If, upon a final determination under subsection (a), it is determined that the officer is physically fit to perform the duties of the officer's rank, the officer shall be either-- (1) converted into the civilian service if eligible in accordance with section 3(a), provided that the officer has signed a conversion agreement; or (2) retired or separated in accordance with section 8. SEC. 11. AMENDMENTS AND REPEALS. (a) Amendments.--The Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853a-853u) is amended-- (1) by striking subsection (b) in section 8 and redesignating subsection (c) as subsection (b); and (2) by striking ``under section 8'' in section 9. (b) Repeals.--The following provisions of law are repealed effective on the disestablishment date: (1) The Coast and Geodetic Survey Commissioned Officers Act of 1948, (33 U.S.C. 853a-853u). (2) The Act of February 16, 1929, (Chapter 221, section 5, 45 Stat. 1187; 33 U.S.C. 852a). (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6). (4) Section 9 of Public Law 87-649, (76 Stat. 495). (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40 Stat. 87; 33 U.S.C. 854 et seq.). (6) The Act of December 3, 1942, (Chapter 670; 56 Stat.1038). (7) Sections 1 through 5 of Public Law 91-621, (84 Stat. 1863; 33 U.S.C. 857-1 et seq.). (8) The Act of August 10, 1956, (Chapter 1041, section 3; 70A Stat. 619; 33 U.S.C. 857a). (9) The Act of May 18, 1920, (Chapter 190, section 11; 41 Stat. 603; 33 U.S.C. 864). (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400; 33 U.S.C. 873, 874). (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988; 33 U.S.C. 875, 876). (c) Continuing Application.--No repeal under this section shall affect any annuity or other benefit authorized under provision of law so repealed, based on the separation of any person from the NOAA Corps or its predecessors. SEC. 12. IMPLEMENTING AUTHORITIES. Without regard to any other provision of law and without prior notification, the Secretary is authorized to establish, eliminate or reorganize any office within NOAA as determined by the Secretary to be necessary or appropriate to carry out the purposes of this Act. Not later than 2 years after enactment, the Secretary shall submit a report to the appropriate committees of Congress describing the actions taken under this section. SEC. 13. DEFINITIONS. For purposes of this Act, the term -- (1) ``Conversion Agreement'' means an agreement which states that a conversion-eligible officer agrees to be converted to the civilian service and will remain in the position assigned at the time of conversion or in another NOAA position as assigned after conversion for 180 days following such conversion; (2) ``Conversion Eligible Officer'' means an officer in the NOAA Corps on the date of enactment of this Act whose active service in the NOAA Corps and in any other uniformed service as of the disestablishment date will total less than 15 years, except as provided in section 8(e); (3) ``disestablishment date'' means October 1, 1997; (4) ``NOAA'' means the National Oceanic and Atmospheric Administration; (5) ``NOAA Corps'' means the Corps of Commissioned Officers of the National Oceanic and Atmospheric Administration; (6) ``Predecessors'' means the former Commissioned Officers Corps of the Environmental Sciences Services Administration and the former Commissioned Officers Corps of the Coast and Geodetic Survey; (7) ``Secretary'' means the Secretary of Commerce; and (8) ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere.

NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. (Sec. 6) Mandates establishment of additional NOAA civilian positions. (Sec. 7) Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. (Sec. 8) Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. (Sec. 9) Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. (Sec. 10) Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. (Sec. 11) Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps; and (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. (Sec. 12) Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions.

NOAA Corps Disestablishment Act