Abhinay123/billsum-summarization-filtered · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Can You Hear Me Now Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) After two terrorist attacks it is time to fix the communications system for the New York City Fire Department. (2) During its response to the 1993 bombing of the World Trade Center in New York City, the New York City Fire Department's radios did not work in the twin towers of the World Trade Center. The resulting lack of communication complicated operations but did not result in the death of any firefighter. (3) Eight years later, on September 11, 2001, the World Trade Center was attacked again and the fire department's radio system failed again. (4) Soon before the collapse of Tower One of the World Trade Center, fire department officials tried in vain to radio firefighters to evacuate the building. (5) The firefighters' radio system failed the firefighters in Tower One and as a result many were not able to receive this warning. The failure of the radio system was largely responsible for the death of many of the 343 firefighters who died in the collapse of the World Trade Center twin towers. (6) Since September 11, 2001, the fire department has taken steps to improve the communications system that failed them. However, many tall buildings in New York City have not installed repeaters that are needed to boost signals, and the signals are often lost in high-rise buildings and underground. (7) In August 2003, New York City experienced a blackout. During the blackout the fire department's radio system was again found not to work reliably during emergency situations or in high buildings. (8) The dispatch system currently used by the New York City Fire Department was acquired in the early 1970s and hampers the ability of the department to fully communicate with its firefighters and provide appropriate detailed information about the buildings and locations to which they respond. (9) Since the terrorist attacks of September 11, 2001, executive branch officials have repeatedly warned that future terror attacks are not a matter of if, but when. The Secretary of Homeland Security has identified New York City as one of the main terrorist targets. (10) With New York City remaining a top terrorist target, such communications system should be a national priority. (11) A new state-of-the-art communications system and upgrades to the critical information dispatch system for the New York City Fire Department should be-- (A) seamless from the receipt of a 911 call to the dispatch of the firefighter; and (B) interoperable with other public safety offices within the City of New York. SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS SYSTEM FOR NEW YORK CITY FIRE DEPARTMENT. (a) In General.--The Secretary of Homeland Security shall, by not later than 1 year after the date of the enactment of this Act, procure development and provision of a communications system for the New York City Fire Department, including appropriate radios for the entire department and upgrades to the critical information dispatch system of the department. (b) Requirements.-- (1) Radios.--Radios procured pursuant to this section must be capable of operating in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (2) Supplemental communication device.--Any communications system procured pursuant to this section must include provision to each firefighter of a supplemental radio communication device that-- (A) allows the firefighter to transmit audio and radio emergency notification warning signals to other firefighters whenever the firefighter is in distress and in immediate need of assistance; and (B) has the capability to operate automatically in a passive mode by transmitting audio and radio messages that will relay the firefighter's identification and location if the firefighter-- (i) becomes incapacitated and motionless; and (ii) is unable to physically transmit a call for help. (3) Dispatch system.--Upgrades to the critical information dispatch system procured pursuant to this section must-- (A) allow the fire department to communicate with firefighters in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City, including all high-rise buildings and subways; (B) provide useful, detailed data concerning all likely terrorist target locations in the City of New York; and (C) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist them in making decisions about how to mitigate a terrorist attack and save lives and property. (c) Testing.--Radios, any dispatch system upgrades, and supplemental communication devices procured pursuant to this section must have been tested to ensure they will operate in all locations and under all conditions in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (d) Coordination.--In carrying out this section the Secretary shall coordinate with the City of New York to ensure that the communications system procured under this section is-- (1) compatible with the plans of the City of New York to upgrade its 911 system; and (2) interoperable with other public safety communications systems. (e) Progress Report.--The Secretary shall submit to the Congress a report on progress made in carrying out this section, on-- (1) February 26, 2008; and (2) September 11, 2008.

9/11 Can You Hear Me Now Act - Directs the Secretary of Homeland Security to procure development and provision of a communications system for the New York City Fire Department, including appropriate radios and upgrades to the Department's critical information dispatch system that allow communication in all locations and under all conditions in which firefighters can reasonably be expected to work, including all high-rise buildings and subways. Directs that any communications system procured include provision to each firefighter of a supplemental radio communication device that: (1) allows the firefighter to transmit emergency notification warning signals to other firefighters; and (2) has the capability to operate automatically by transmitting messages that will relay an incapacitated firefighter's identification and location. Requires that upgrades procured: (1) provide useful, detailed data concerning all likely terrorist target locations in the city; and (2) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist in making decisions about how to mitigate a terrorist attack. Requires that: (1) radios, any dispatch system upgrades, and supplemental communication devices procured be tested; and (2) the Secretary coordinate with the city to ensure that the communications system procured is compatible with city plans to upgrade its 911 system and interoperable with other public safety communications systems.

To direct the Secretary of Homeland Security to procure the development and provision of improved and up-to-date communications equipment for the New York City Fire Department, including radios.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Energy Cooperation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the highest national security interests of the United States to ensure secure access to reliable energy sources; (2) the United States relies heavily on the foreign supply of crude oil to meet the energy needs of the United States, currently importing 58 percent of the total oil requirements of the United States, of which 45 percent comes from member states of the Organization of Petroleum Exporting Countries (OPEC); (3) revenues from the sale of oil by some of these countries directly or indirectly provide funding for terrorism and propaganda hostile to the values of the United States and the West; (4) in the past, these countries have manipulated the dependence of the United States on the oil supplies of these countries to exert undue influence on United States policy, as during the embargo of OPEC during 1973 on the sale of oil to the United States, which became a major factor in the ensuing recession; (5) research by the Energy Information Administration of the Department of Energy has shown that the dependence of the United States on foreign oil will increase by 33 percent over the next 20 years; (6) a rise in the price of imported oil sufficient to increase gasoline prices by 10 cents per gallon at the pump would result in an additional outflow of $18,000,000,000 from the United States to oil-exporting nations; (7) for economic and national security reasons, the United States should reduce, as soon as practicable, the dependence of the United States on nations that do not share the interests and values of the United States; (8) the State of Israel has been a steadfast ally and a close friend of the United States since the creation of Israel in 1948; (9) like the United States, Israel is a democracy that holds civil rights and liberties in the highest regard and is a proponent of the democratic values of peace, freedom, and justice; (10) cooperation between the United States and Israel on such projects as the development of the Arrow Missile has resulted in mutual benefits to United States and Israeli security; (11) the special relationship between Israel and the United States has been and continues to be manifested in a variety of jointly-funded cooperative programs in the field of scientific research and development, such as-- (A) the United States-Israel Binational Science Foundation (BSF); (B) the Israel-United States Binational Agricultural Research and Development Fund (BARD); and (C) the Israel-United States Binational Industrial Research and Development (BIRD) Foundation; (12) these programs, supported by the matching contributions from the Government of Israel and the Government of the United States and directed by key scientists and academics from both countries, have made possible many scientific breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others; (13) on February 1, 1996, United States Secretary of Energy Hazel R. O'Leary and Israeli Minister of Energy and Infrastructure Gonen Segev signed the Agreement Between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a framework for collaboration between the United States and Israel in energy research and development activities; (14) Israeli scientists and researchers have long been at the forefront of research and development in the field of alternative renewable energy sources; (15) many of the top corporations of the world have recognized the technological and scientific expertise of Israel by locating important research and development facilities in Israel; (16) among the technological breakthroughs made by Israeli scientists and researchers in the field of alternative, renewable energy sources are-- (A) the development of a cathode that uses hexavalent iron salts that accept 3 electrons per ion and enable rechargeable batteries to provide 3 times as much electricity as existing rechargeable batteries; (B) the development of a technique that vastly increases the efficiency of using solar energy to generate hydrogen for use in energy cells; and (C) the development of a novel membrane used in new and powerful direct-oxidant fuel cells that is capable of competing favorably with hydrogen fuel cells and traditional internal combustion engines; and (17) cooperation between the United States and Israel in the field of research and development of alternative renewable energy sources would be in the interests of both countries, and both countries stand to gain much from such cooperation. SEC. 3. GRANT PROGRAM. (a) Authority.--Pursuant to the responsibilities described in section 102(10), (14), and (17) of the Department of Energy Organization Act (42 U.S.C. 7112(10), (14), and (17)) and section 103(9) of the Energy Reorganization Act of 1974 (42 U.S.C. 5813(9)), the Secretary, in consultation with the BIRD or BSF, shall award grants to eligible entities. (b) Application.-- (1) Submission of applications.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary containing such information and assurances as the Secretary, in consultation with the BIRD or BSF, may require. (2) Selection of eligible entities.--The Secretary, in consultation with the Directors of the BIRD and BSF, may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Secretary, in consultation with the Advisory Board, for a grant under this section. (c) Amount of Grant.--The amount of each grant awarded for a fiscal year under this section shall be determined by the Secretary, in consultation with the BIRD or BSF. (d) Recoupment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for recoupment in connection with any eligible project carried out by an eligible entity that receives a grant under this section, which has led to the development of a product or process which is marketed or used. (2) Amount required.-- (A) Except as provided in subparagraph (B), such recoupment shall be required as a condition for award and be proportional to the Federal share of the costs of such project, and shall be derived from the proceeds of royalties or licensing fees received in connection with such product or process. (B) In the case where a product or process is used by the recipient of a grant under this section for the production and sale of its own products or processes, the recoupment shall consist of a payment equivalent to the payment which would be made under subparagraph (A). (3) Waiver.--The Secretary may at any time waive or defer all or some of the recoupment requirements of this subsection as necessary, depending on-- (A) the commercial competitiveness of the entity or entities developing or using the product or process; (B) the profitability of the project; and (C) the commercial viability of the product or process utilized. (e) Private Funds.--The Secretary may accept contributions of funds from private sources to carry out this Act. (f) Office of Energy Efficiency and Renewable Energy.--The Secretary shall carry out this section through the existing programs at the Office of Energy Efficiency and Renewable Energy. (g) Report.--Not later than 180 days after receiving a grant under this section, each recipient shall submit a report to the Secretary-- (1) documenting how the recipient used the grant funds; and (2) evaluating the level of success of each project funded by the grant. SEC. 4. INTERNATIONAL ENERGY ADVISORY BOARD. (a) Establishment.--There is established in the Department of Energy an International Energy Advisory Board. (b) Duties.--The Advisory Board shall advise the Secretary on-- (1) criteria for the recipients of grants awarded under section 3(a); (2) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BIRD; and (3) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BSF, for each fiscal year. (c) Membership.-- (1) Composition.--The Advisory Board shall be composed of-- (A) 1 member appointed by the Secretary of Commerce; (B) 1 member appointed by the Secretary of Energy; and (C) 2 members who shall be Israeli citizens, appointed by the Secretary of Energy after consultation with appropriate officials in the Israeli Government. (2) Deadline for appointments.--The initial appointments under paragraph (1) shall be made not later than 60 days after the date of enactment of this Act. (3) Term.--Each member of the Advisory Board shall be appointed for a term of 4 years. (4) Vacancies.--A vacancy on the Advisory Board shall be filled in the manner in which the original appointment was made. (5) Basic pay.-- (A) Compensation.--A member of the Advisory Board shall serve without pay. (B) Travel expenses.--Each member of the Advisory Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code. (6) Quorum.--Three members of the Advisory Board shall constitute a quorum. (7) Chairperson.--The Chairperson of the Advisory Board shall be designated by the Secretary of Energy at the time of the appointment. (8) Meetings.--The Advisory Board shall meet at least once annually at the call of the Chairperson. (d) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. SEC. 5. DEFINITIONS. In this Act: (1) Advisory board.--The term ``Advisory Board'' means the International Energy Advisory Board established by section 4(a). (2) BIRD.--The term ``BIRD'' means the Israel-United States Binational Industrial Research and Development Foundation. (3) BSF.--The term ``BSF'' means the United States-Israel Binational Science Foundation. (4) Eligible entity.--The term ``eligible entity'' means a joint venture comprised of both Israeli and United States private business entities or a joint venture comprised of both Israeli academic persons (who reside and work in Israel) and United States academic persons, that-- (A) carries out an eligible project; and (B) is selected by the Secretary, in consultation with the BIRD or BSF, using the criteria established by the Secretary, in consultation with the Advisory Board. (5) Eligible project.--The term ``eligible project'' means a project to encourage cooperation between the United States and Israel on research, development, or commercialization of alternative energy, improved energy efficiency, or renewable energy sources. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy. SEC. 6. TERMINATION. The grant program authorized under section 3 and the Advisory Board shall terminate upon the expiration of the 7-year period which begins on the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of fiscal years 2006 through 2012 from funds previously authorized to the Office of Energy Efficiency and Renewable Energy. SEC. 8. CONSTITUTIONAL AUTHORITY. The Constitutional authority on which this Act rests is the power of Congress to regulate commerce with foreign nations as enumerated in Article I, Section 8 of the United States Constitution. Passed the House of Representatives July 26, 2006. Attest: KAREN L. HAAS, Clerk.

United States-Israel Energy Cooperation Act - Directs the Secretary of Energy, in consultation with the United States-Israel Binational Industrial Research and Development Foundation (BIRD), or the United States-Israel Binational Science Foundation (BSF), to establish a grant program for joint ventures, composed of both Israeli and U.S. private business entities or of U.S. and Israeli academic persons, to implement projects to encourage cooperation between the United States and Israel on research, development, or commercialization of alternative energy, improved energy efficiency, or renewable energy sources. Directs the Secretary to implement this Act through existing programs at the Office of Energy Efficiency and Renewable Energy. Establishes in the Department of Energy an International Energy Advisory Board to advise the Secretary on the grant program and grant recipients. Authorizes the Secretary to expend not more than $20 million to implement this Act for each of FY2006-2012 from funds previously authorized to the Office.

To authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons, to establish the International Energy Advisory Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 1997''. SEC. 2. STUDIES ON USE OF DIGITAL SIGNATURES TO ENHANCE ELECTRONIC COMMERCE. The Assistant Secretary shall conduct an ongoing study of the enhancement of electronic commerce due to the use of digital signatures pursuant to this Act, and shall report findings to the Commerce Committee of the House and to the Commerce, Science, and Transportation Committee of the Senate not later than-- (1) 12 months; and (2) 60 months; after the date of enactment of this Act. SEC. 3. ELECTRONIC AVAILABILITY OF FORMS. The Director, in accordance with technical standards provided by the Assistant Secretary under section 6, shall not later than 12 months after the date of enactment of this Act establish a method for each Federal agency to make its forms available electronically. Such forms shall be-- (1) available for electronic submission (through use of a digital signature when necessary); (2) substantially identical in content and requirements to any corresponding paper versions; (3) available on an Internet web site controlled by the Federal Government that contains an electronic link to the website described in section 6(f) of this Act; (4) available for downloading and printing; (5) available for electronic storage by employers that are required by law to collect, store, or file paper versions of forms completed by employees; and (6) acknowledged upon receipt by an agency through prompt issuance of an electronic receipt. SEC. 4. PAYMENTS. Under the method established under section 2-- (1) any payment associated with a form submitted electronically shall be no greater than the payment associated with any corresponding printed version of such form; (2) not less than 2 means of electronic payment shall be provided, but such payment may not be required to precede submission of a form; and (3) a prompt receipt for electronic payment shall be issued electronically to each person who submits a payment electronically. SEC. 5. USE OF DIGITAL SIGNATURES BY FEDERAL OFFICIALS. (a) Agency Employees to Receive Digital Signatures.--The head of each agency shall issue guidelines for determining how and which employees in each respective agency shall be provided digital signatures for use within the scope of their employment. (b) Availability of Electronic Notice.--An agency may provide a person entitled to receive written notice of a particular matter with the opportunity to receive electronic notice instead. SEC. 6. CERTIFICATES FOR DIGITAL SIGNATURES. (a) Guidelines for Acceptance of Certificates.--The Director shall issue guidelines governing the manner in which agencies may accept certificates. (b) Accreditation.--Under the guidelines issued under subsection (a), an agency shall accept certificates issued by-- (1) the agency; or (2) a trusted third party that is licensed or accredited by-- (A) a State or local government; or (B) an appropriate accreditation body. (c) Trusted Third Party Liability.--Under the guidelines issued under subsection (a), an agency may accept a certificate only from a trusted third party that, in accordance with commercially reasonable standards, accepts liability for and is insured against negligent issuance or handling of certificates. (d) Foreign Trusted Third Party.--The Secretary of State shall determine from which foreign countries agencies may accept certificates. (e) Agency Establishment of Trusted Third Party.--No agency may establish a trusted third party except to-- (1) provide digital signatures to its employees; (2) issue certificates relating to messages sent by such employees; or (3) act as a reliable authority on behalf of another trusted third party. (f) Directory of Qualified Trusted Third Parties.--The Assistant Secretary shall compile and post on a website controlled by the Federal government a list of trusted third parties (along with an electronic link, if any, to a web site controlled by each trusted third party) that are qualified under this section to issue certificates. SEC. 7. STANDARDS FOR DIGITAL SIGNATURES; EFFECT OF DIGITAL SIGNATURES. (a) Technical Standards for Digital Signatures.--The Assistant Secretary shall provide to the Director technical standards for the digital signatures accepted for purposes of the method established under section 2 or provided under section 4. (b) Compatibility With Private Sector.--The standards referred to in subsection (a) shall be compatible with standards and technology for digital signatures used in commerce and industry and by State governments. (c) Reliability of Digital Signatures.--Under the standards referred to in subsection (a), a digital signature shall be as reliable as is appropriate for the purpose for which an electronic message containing a digital signature is generated, in light of all the circumstances, including any relevant agreement. (d) Legal Significance of Digital Signatures.--For purposes of digitally signed forms accepted under section 2, a digital signature shall have the same force and effect as a written signature. SEC. 8. EMPLOYER ELECTRONIC STORAGE OF FORMS. If an employer is required by law to collect, store, or file paper forms that are completed by employees, such employer may store such forms electronically if such forms are submitted electronically. SEC. 9. IMPLEMENTATION BY AGENCIES. (a) Implementation.--Not later than 36 months after the date of enactment of this Act, each agency shall implement the method established under section 2 of this Act and the guidelines issued under section 4 of this Act. (b) Report to Congress.--Not later than 12 months after the date of enactment of this Act, the Assistant Secretary shall submit a report to the Commerce Committee of the House and to the Commerce, Science, and Transportation Committee of the Senate that details the technical standards described in section 6. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Assistant Secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Communications and Information (the head of the National Telecommunications and Information Administration) of the Department of Commerce. (1) Agency.--The term ``agency'' has the meaning given the term ``executive agency'' in section 105 of title 5, United States Code. (2) Certificate.--(A) The term ``certificate'' means a statement meeting the requirements of subparagraph (B) that permits a person holding such statement to determine that a digitally signed message-- (i) was signed by the person whose digital signature appears to be attached to the message; and (ii) has not been altered since the digital signature was attached. (B) For purposes of subparagraph (A), the statement must-- (i) identify the trusted third party or agency issuing such statement; (ii) identify the person whose digital signature the trusted third party or agency is authenticating with such statement; (iii) specify the operational period of such statement; and (iv) be digitally signed by the trusted third party or agency issuing such statement. (3) Digital signature.--The term ``digital signature'' means a method of signing an electronic message that-- (A) identifies a particular person as the source of such electronic message; and (B) indicates such person's approval of the information contained in such electronic message. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Form.--The term ``form'' means a document produced by an agency-- (A) that is used by the agency to facilitate interaction between the agency and persons; (B) that is completed by a person by inserting information as required by the agency; (C) that is submitted to an agency more than 1,000 times per year; and (D) that is not required to be completed in the presence of a Federal official or at a particular location. (6) Reliable authority.--The term ``reliable authority'' means an entity licensed to serve as a notary that vouches to a trusted third party for the identity of a person who seeks a certificate to be issued on such person's behalf. (7) Trusted third party.--The term ``trusted third party'' means an entity (other than an agency) that issues a certificate.

Electronic Commerce Enhancement Act of 1997 - Directs the Assistant Secretary for Communications and Information (the head of the National Telecommunications and Information Administration) of the Department of Commerce to conduct an ongoing study of and report to specified committees concerning the enhancement of electronic commerce due to the use of digital signatures pursuant to this Act. Directs the Director of the Office of Management and Budget to establish a method for each Federal agency to make its forms available electronically. Provides for making payments electronically pursuant to such forms. Sets forth provisions concerning guidelines and standards for digital signatures and certificates. Permits employers to store forms electronically if such forms are submitted electronically.

Electronic Commerce Enhancement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Infrastructure Accelerator Act of 2015''. SEC. 2. PURPOSES. The purpose of this program is to facilitate and mobilize investment in, and the long-term financing of, economically viable covered infrastructure projects of regional or national significance by providing funding for these projects, including through private sector financing, to accelerate the delivery of high-quality, critical infrastructure through a self-sustaining regional infrastructure accelerator that mitigates risk with technical expertise and best practices. SEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM ESTABLISHED. (a) In General.--From amounts appropriated under paragraphs (1) and (3) of section 8, the Secretary of Treasury may establish a regional infrastructure accelerator program (in this section referred to as the ``Program'') to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of and acquiring financing for covered infrastructure projects. (b) Program Structure.--The Program established pursuant to this Act shall include-- (1) an initial grant to a regional infrastructure accelerator that submits an application and a plan for promoting investment in covered infrastructure projects; and (2) a subsequent grant to a regional infrastructure accelerator for the purpose of awarding subgrants to one or more State, local, or regional public entities to support covered infrastructure projects and within the geographic area represented by the regional infrastructure accelerator. SEC. 4. INITIAL GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS. (a) Application.--A regional infrastructure accelerator that seeks a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a plan that describes how the regional infrastructure accelerator will promote investment in covered infrastructure projects by-- (1) providing guidance and feedback to State, local, or regional public entities on infrastructure priorities, financing strategies, and other matters relating to such projects; (2) evaluating and promoting innovative financing methods; (3) connecting sources of financing to the State, local, or regional public entities; (4) establishing standards to measure life-cycle costs of investments in such projects, defined as budgetary impacts of the design, development or construction, operations, and maintenance of an infrastructure asset; (5) building capacity of State and local governments to evaluate and structure projects involving the investment of private capital; and (6) providing technical assistance and information on best practices with respect to such projects which shall include-- (A) identifying and selecting qualified advisors such as infrastructure financial analysts and contract negotiators; (B) incorporating resiliency risk analyses into project planning and design; (C) preparing and reviewing requests for qualifications and proposals from private sector partners; and (D) applying standardized analyses and processes that provide quantitative data on infrastructure investments, or specifically a ``value for money'' analysis. (b) Selection.--From applications received under subsection (a), the Secretary shall select 5 regional infrastructure accelerators from geographically diverse regions to receive a grant under this section. (c) Structure of Regional Infrastructure Accelerators.-- (1) In general.--To be eligible to receive a grant under this Act, a regional infrastructure accelerator shall have a board of directors. (2) Board of directors.-- (A) Composition.--The board of directors of a regional infrastructure accelerator shall include at least one representative of each State, locality, or region in the area served by the regional infrastructure accelerator, as nominated by a governing body participating in the regional infrastructure accelerator and that participated in submitting an application under subsection (a). (B) Duties.--The duties of the board of directors shall be to-- (i) develop and approve of a regional infrastructure accelerator plan for their respective regional infrastructure accelerator; (ii) select subgrantees for award of funds for predevelopment costs, as described in section 5; and (iii) approve of and submit a report to the Secretary as described in subsection (e). (C) Requirements to approve plan.--In carrying out its duties under subparagraph (B)(i), the Board of Directors shall consider public stakeholder input from-- (i) a public project sponsor with experience in infrastructure financing; (ii) an entity with the ability to finance covered infrastructure projects in the area served by the regional infrastructure accelerator, including private sector equity investors, public pension funds, endowments, and other financial investment funds; (iii) a construction or real estate development entity with the capacity to develop covered infrastructure projects in the area served by the regional infrastructure accelerator; (iv) a representative of an organized labor association or an association of workers representing labor and workplace standards; (v) a legal expert with experience in contract development and execution of public private partnerships; and (vi) a representative of each Federal agency or department with jurisdiction over covered infrastructure projects. (d) Use of Funds.--A regional infrastructure accelerator that is awarded a grant under this section shall use such grant to-- (1) assess regional approaches to advancing innovative investment in covered infrastructure projects; (2) develop strategies for-- (A) transparency in the analysis of covered infrastructure projects to ensure protection of the public interest; (B) the bundling of smaller scale and rural projects into a larger transaction for investment; and (C) reducing transaction costs; (3) facilitatate the creation of a catalog of covered infrastructure projects available for investment; and (4) analyze and apply procurement methods for covered infrastructure projects, including-- (A) assessing taxpayer benefits of contractual agreements for the management and allocation of risks in infrastructure procurement; (B) measuring the speed and quality of project completion; (C) assessing the use of contracting strategies in which teams provide design, construction, financing, and maintenance solutions for performance outcomes; and (D) complete the report described in subsection (e). (e) Report.--Not later than 12 months after receipt of a grant under this section each regional infrastructure accelerator shall submit to the Secretary a report, which shall include-- (1) an update on the implementation of the plan described in subsection (a); (2) a description of the infrastructure needs of the region to be served by the regional infrastructure accelerator; (3) a proposal of covered infrastructure projects to be accomplished through a subsequent grant awarded under section 4; and (4) the procurement strategies the regional infrastructure accelerator intends to use for such covered infrastructure projects. (f) Selection for Subsequent Grant.--The Secretary shall review the reports submitted under subsection (e) and select not fewer than 4 regional infrastructure accelerators to receive a subsequent grant pursuant to section 4. SEC. 5. SUBSEQUENT GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS. (a) In General.--Not later than 60 days after the Secretary reviews the report submitted under section 4(e), and from amounts appropriated under section 8(2), the Secretary shall award grants to the regional infrastructure accelerators selected under section 4(f). A regional infrastructure accelerator may use a grant awarded under this section to make subgrants to State, local, or regional public entities for predevelopment costs. (b) Restrictions on Subgrants.--Regional infrastructure accelerators may make subgrants to State, local, or regional public entities for predevelopment costs in an amount not to exceed $300,000 or 75 percent of the project costs, whichever is less. The subgrantee shall provide, or shall secure from other sources, funding for remaining balance of the project costs. Funds made available under this section for predevelopment costs cannot be used to pay for work already completed. (c) Application.--A State, local, or regional public entity may submit an application for a subgrant to a regional infrastructure accelerator that receives a grant under subsection (a) at such time, in such manner, and containing such information as the regional infrastructure accelerator may reasonably require. (d) Use of Funds.--Eligible costs shall include the following costs associated with covered infrastructure projects: (1) Project planning, feasibility studies, economic assessments, cost-benefit analyses, and public benefit studies. (2) ``Value-for-money'' analyses. (3) Design and engineering. (4) Financial planning (including the identification of funding and financing options). (5) Permitting, environmental review, and regulatory processes. (6) Assessment of the impacts of potential projects on the area, including the effect on communities and environment. (7) The workforce and wages and benefits, as well as assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks. (8) Public outreach and community engagement. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the Program established under this Act. The report shall include an overview of the Program and findings related to the effectiveness of regional collaboration on infrastructure investment, infrastructure finance, and the utilization of procurement methods (as described in section 4(d)(4)). SEC. 7. DEFINITIONS. In this Act, the following definitions shall apply: (1) Covered infrastructure project.--In this Act, the term ``covered infrastructure project'' means an infrastructure project-- (A) that is sponsored by a State, local, or regional public entity; and (B) that involves the construction, consolidation, alteration, or repair of any of the following: (i) Intercity passenger or freight rail lines. (ii) Intercity passenger rail facilities or equipment. (iii) Intercity freight rail facilities or equipment. (iv) Intercity passenger bus facilities or equipment. (v) Public transportation facilities or equipment. (vi) Highway facilities, including bridges and tunnels. (vii) Airports. (viii) Air traffic control systems. (ix) Port or marine terminal facilities, including approaches to marine terminal facilities or inland port facilities. (x) Port or marine equipment, including fixed equipment to serve approaches to marine terminals or inland ports. (xi) Ports of entry or border crossing infrastructure. (xii) Transmission or distribution pipelines. (xiii) Inland waterways. (xiv) Intermodal facilities or equipment related to 2 or more of the sectors described in clauses (i) through (xiii). (xv) Water treatment and solid waste disposal facilities, including drinking water facilities. (xvi) Storm water management systems. (xvii) Dams and levees. (xviii) Facilities or equipment for energy transmission, distribution or storage. (2) Regional infrastructure accelerator.--The term ``regional infrastructure accelerator'' means a multi- jurisdictional organization organized and dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the jurisdictions represented in such organization. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (4) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the Program established under this Act $25,000,000, of which-- (1) $11,500,000 shall be used for initial grants to regional infrastructure accelerator under section 3, to be expended not later than 9 months after the date of enactment of this Act; (2) $13,000,000 shall be used for subgrants to covered entities under section 4, to be expended not later than 6 months after the submission of the final report required under section 4(e); and (3) $500,000 shall be used for administrative costs of the Program.

Regional Infrastructure Accelerator Act of 2015 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator program to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of, and acquiring financing for, covered infrastructure projects. A "regional infrastructure accelerator" is defined as a multi-jurisdictional organization dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A "covered infrastructure project" is as an infrastructure project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities (including bridges and tunnels), airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five regional infrastructure accelerators from geographically diverse regions to receive initial grants. A regional infrastructure accelerator shall use such a grant to: assess regional approaches to advancing innovative investment in covered infrastructure projects; develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into a larger transaction for investment, and for reducing transaction costs; facilitate the creation of a catalog of covered infrastructure projects available for investment; and analyze and apply project procurement methods. Treasury shall review reports submitted by such accelerators and select four of them to receive subsequent grants. A selected accelerator may use such subsequent grant to make subgrants to public entities for covered infrastructure predevelopment costs, which may include project planning, feasibility studies, economic assessments, cost-benefit analyses, public benefit studies, design and engineering, financial planning, permitting, environmental review, assessment of the impacts on the area, workforce and wages and benefits, assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks, and public outreach and community engagement.

Regional Infrastructure Accelerator Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oncology Care Quality Improvement Act of 2009''. SEC. 2. ONCOLOGY CARE QUALITY IMPROVEMENT PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a pilot program (in this section referred to as the ``OCQI program'') under title XVIII of the Social Security Act to evaluate the impact of three provider-led approaches described in subsection (b) to improve care quality and outcomes for Medicare beneficiaries with cancer while addressing care cost drivers by creating greater efficiencies in the program. (b) Approaches Described.--The approaches described in this subsection are the following approaches to the delivery of oncology care: (1) Evidence-based guideline adherence.--Reducing variation in care through adherence to evidence-based guidelines that improves quality and reduces error. (2) Patient education and care coordination services.-- Providing patients with-- (A) dedicated educational sessions about the likely effects of their cancers and treatments and how to manage those prior to initiation of treatment, preferably from an oncology nurse; and (B) continuous support throughout their course of care. (3) End-of-life planning and counseling services.-- Providing patients with poor prognoses with end-of-life planning and counseling services with their physicians and nurses in order to empower such patients and their families with the best information available about their options to assist such patients and families in making difficult choices between pursuing potentially ineffective aggressive medical treatments or pursuing hospice care or other palliative care to improve quality of life in their final months. (c) Description.-- (1) In general.--The OCQI program shall be designed in a manner similar to that for the physician group practice demonstration program under section 1866A of the Social Security Act (42 U.S.C. 1395cc-1) and shall provide performance payments to participating oncology groups that implement each of the approaches described in subsection (b) equal to one-half of the program savings generated by the participating group. The other half of program savings shall be retained by the Medicare program. (2) Expenditure targets.--Under the OCQI program, the Secretary shall establish per capita expenditure targets for participating oncology groups, taking into account the risk characteristics of the patients involved. Those groups that meet the performance goals established by the Secretary and achieve program savings against the expenditure targets shall receive performance payments described in paragraph (1). (3) Limitation on number of participating groups.--The Secretary shall limit the number of groups that may participate in the OCQI program to no more than 75 groups at any time. (4) Limitation on duration.--The OCQI program shall be conducted over a 3-year period. (5) Limitation on patient selection.--The Secretary shall prohibit groups participating in the OCQI program from selecting the individual patients to be included in the program. (6) Penalties to prevent reductions in services.--The Secretary may impose penalties on those groups participating in the OCQI program that the Secretary determines have inappropriately reduced cancer therapies, including supportive care therapies (basing their determination on existing evidence based, medically accurate guidelines). Any such penalties shall be in the form of reductions to performance payments payable to the groups under paragraph (1). (d) Advisory Committee; Evaluation.-- (1) In general.--The Secretary shall appoint an advisory committee composed of representatives of the oncology community, including organizations representing physicians, nurses, and patients, and industry representatives, to collaborate with the Secretary on the creation and implementation of the OCQI program, including the development of appropriate expenditure targets, and to help analyze the data generated by the OCQI program. The advisory committee shall specifically advise the Secretary on the methods for selecting practices in different regions of the United States to particiapte in the OCQI program. (2) Evaluation.--In consultation with the advisory committee, Secretary shall evaluate the OCQI program to-- (A) assess patient outcomes for patients participating in the program as compared to such outcomes to other individuals for the same health conditions; (B) analyze the cost effectiveness of the services for which performance payments are made under the program, including an evaluation of the cost savings to the Medicare program attributable to reductions in physicians' services, emergency room visits, hospital stays, drug costs, advanced imaging costs, and end-of- life care; (C) determine the satisfaction of patients participating in the program; and (D) refine the appropriate level and proportion of the specific performance payments among the three performance components of the program. (e) Implementation.--If the Secretary determines that the OCQI program has been successful in improving care quality while lowering the rate of growth of Medicare program expenditures, the Secretary is authorized to include payments for the specific services paid under the OCQI program as performance payments as permanent, covered services under the Medicare program.

Oncology Care Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a pilot program of oncology care quality improvement (OCQI) under title XVIII (Medicare) of the Social Security Act to evaluate the impact of three provider-led approaches to improve the care quality and outcome for Medicare beneficiaries with cancer while addressing care cost drivers by creating greater efficiencies in the program. Specifies the three provider-led approaches as: (1) evidence-based guideline adherence; (2) patient education and care coordination services; and (3) end-of-life planning and counseling services. Directs the Secretary to appoint an advisory committee to collaborate with the Secretary on the creation and implementation of the OCQI program.

To provide for a pilot program to improve the quality of oncology care under Medicare.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Cut Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. TITLE I--TEMPORARY EXTENSION OF TAX RELIEF Sec. 101. Temporary extension of 2001 tax relief. Sec. 102. Temporary extension of 2003 tax relief. Sec. 103. Temporary extension of 2010 tax relief. Sec. 104. Temporary extension of election to expense certain depreciable business assets. TITLE II--ALTERNATIVE MINIMUM TAX RELIEF Sec. 201. Temporary extension of increased alternative minimum tax exemption amount. Sec. 202. Temporary extension of alternative minimum tax relief for nonrefundable personal credits. TITLE III--TREATMENT FOR PAYGO PURPOSES Sec. 301. Treatment for PAYGO purposes. TITLE I--TEMPORARY EXTENSION OF TAX RELIEF SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF. (a) Temporary Extension.-- (1) In general.--Section 901(a)(1) of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) Application to Certain High-Income Taxpayers.-- (1) Income tax rates.-- (A) Treatment of 25- and 28-percent rate brackets.--Paragraph (2) of section 1(i) is amended to read as follows: ``(2) 25- and 28-percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears.''. (B) 33-percent rate bracket.--Subsection (i) of section 1 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) 33-percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2012-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $225,000 in the case of subsection (b), ``(iii) $200,000 in the case of subsections (c), and ``(iv) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, with respect to taxable years beginning in calendar years after 2012, each of the dollar amounts under clauses (i), (ii), and (iii) of subparagraph (C) shall be adjusted in the same manner as under paragraph (1)(C), except that subsection (f)(3)(B) shall be applied by substituting `2008' for `1992'.''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.-- Section 68 is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendments.--Paragraph (4) of section 151(d) is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Effective Date.--Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2012. (d) Application of EGTRRA Sunset.--Each amendment made by subsection (b) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as if such amendment was included in title I of such Act. SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. (a) Extension.-- (1) In general.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. (b) 20-Percent Capital Gains Rate for Certain High Income Individuals.-- (1) In general.--Paragraph (1) of section 1(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which a tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B), or ``(ii) the excess described in section 1(h)(1)(C)(ii), plus ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C), plus''. (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``15 percent'' and inserting ``20 percent'': (A) Section 531. (B) Section 541. (C) Section 1445(e)(1). (D) The second sentence of section 7518(g)(6)(A). (E) Section 53511(f)(2) of title 46, United States Code. (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by striking ``5 percent (0 percent in the case of taxable years beginning after 2007)'' and inserting ``0 percent''. (3) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided, the amendments made by subsections (b) and (c) shall apply to taxable years beginning after December 31, 2012. (2) Withholding.--The amendments made by paragraphs (1)(C) and (3) of subsection (c) shall apply to amounts paid on or after January 1, 2013. (e) Application of JGTRRA Sunset.--Each amendment made by subsections (b) and (c) shall be subject to section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 to the same extent and in the same manner as if such amendment was included in title III of such Act. SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) is amended by striking ``or 2012'' and inserting ``2012, or 2013''. (2) Treatment of possessions.--Section 1004(c)(1) of division B of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, and 2013''. (b) Child Tax Credit.--Section 24(d)(4) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (c) Earned Income Tax Credit.--Section 32(b)(3) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (d) Temporary Extension of Rule Disregarding Refunds in the Administration of Federal Programs and Federally Assisted Programs.-- Subsection (b) of section 6409 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2012. (2) Rule disregarding refunds in the administration of certain programs.--The amendment made by subsection (d) shall apply to amounts received after December 31, 2012. SEC. 104. TEMPORARY EXTENSION OF ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) In General.-- (1) Dollar limitation.--Section 179(b)(1) is amended-- (A) by striking ``and'' at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) $250,000 in the case of taxable years beginning in 2013, and'', and (D) in subparagraph (E), as so redesignated, by striking ``2012'' and inserting ``2013''. (2) Reduction in limitation.--Section 179(b)(2) is amended-- (A) by striking ``and'' at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) $800,000 in the case of taxable years beginning in 2013, and'', and (D) in subparagraph (E), as so redesignated, by striking ``2012'' and inserting ``2013''. (b) Computer Software.--Section 179(d)(1)(A)(ii) is amended by striking ``2013'' and inserting ``2014''. (c) Election.--Section 179(c)(2) is amended by striking ``2013'' and inserting ``2014''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. TITLE II--ALTERNATIVE MINIMUM TAX RELIEF SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``$72,450'' and all that follows through ``2011'' in subparagraph (A) and inserting ``$78,750 in the case of taxable years beginning in 2012'', and (2) by striking ``$47,450'' and all that follows through ``2011'' in subparagraph (B) and inserting ``$50,600 in the case of taxable years beginning in 2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``or 2011'' and inserting ``2011, or 2012'', and (2) by striking ``2011'' in the heading thereof and inserting ``2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. TITLE III--TREATMENT FOR PAYGO PURPOSES SEC. 301. TREATMENT FOR PAYGO PURPOSES. The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

Middle Class Tax Cut Act - Extends through 2013 for a taxpayer whose income is $200,000 or less ($250,000 for married couples filing a joint return): (1) the tax rate reductions and other tax benefits of the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Increases income tax rates and phases-out personal exemptions and itemized deductions for certain high-income taxpayers. Amends the Internal Revenue Code to extend through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, (3) the increased earned income tax credit percentage for three or more qualifying children, (4) the disregard of tax refunds in determining eligibility for federal and federally-assisted programs, and (5) the election to expense depreciable business assets. Extends for one year: (1) the increased exemption amount for the alternative minimum tax (AMT), and (2) the offset against the AMT of certain nonrefundable personal tax credits. Provides that the budgetary effects of this Act shall not be taken into account under the Statutory Pay-As-You-Go Act of 2010.

To amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families.

SECTION 1. DISABILITY COMPENSATION. Section 1114 of title 38, United States Code, is amended-- (1) by striking out ``$83'' in subsection (a) and inserting in lieu thereof ``$85''; (2) by striking out ``$157'' in subsection (b) and inserting in lieu thereof ``$162''; (3) by striking out ``$240'' in subsection (c) and inserting in lieu thereof ``$247''; (4) by striking out ``$342'' in subsection (d) and inserting in lieu thereof ``$352''; (5) by striking out ``$487'' in subsection (e) and inserting in lieu thereof ``$502''; (6) by striking out ``$614'' in subsection (f) and inserting in lieu thereof ``$632''; (7) by striking out ``$776'' in subsection (g) and inserting in lieu thereof ``$799''; (8) by striking out ``$897'' in subsection (h) and inserting in lieu thereof ``$924''; (9) by striking out ``$1,010'' in subsection (i) and inserting in lieu thereof ``$1,040''; (10) by striking out ``$1,680'' in subsection (j) and inserting in lieu thereof ``$1,730''; (11) by striking out ``$2,089'', ``$68'', and ``$2,927'' in subsection (k) and inserting in lieu thereof ``$2,152'', ``$70'', and ``$3,015'', respectively; (12) by striking out ``$2,089'' in subsection (l) and inserting in lieu thereof ``$2,152''; (13) by striking out ``$2,302'' in subsection (m) and inserting in lieu thereof ``$2,371''; (14) by striking out ``$2,619'' in subsection (n) and inserting in lieu thereof ``$2,698''; (15) by striking out ``$2,927'' each place it appears in subsections (o) and (p) and inserting in lieu thereof ``$3,015''; (16) by striking out ``$1,257'' and ``$1,872'' in subsection (r) and inserting in lieu thereof ``$1,295'' and ``$1,928'', respectively; and (17) by striking out ``$1,879'' in subsection (s) and inserting in lieu thereof ``$1,935''. SEC. 2. ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) of title 38, United States Code, is amended-- (1) by striking out ``$100'' in subparagraph (A) and inserting in lieu thereof ``$103''; (2) by striking out ``$169'' and ``$52'' in subparagraph (B) and inserting in lieu thereof ``$174'' and ``$54'', respectively; (3) by striking out ``$69'' and ``$52'' in subparagraph (C) and inserting in lieu thereof ``$71'' and ``$54'', respectively; (4) by striking out ``$80'' in subparagraph (D) and inserting in lieu thereof ``$82''; (5) by striking out ``$185'' in subparagraph (E) and inserting in lieu thereof ``$191''; and (6) by striking out ``$155'' in subparagraph (F) and inserting in lieu thereof ``$160''. SEC. 3. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 of title 38, United States Code, is amended by striking out ``$452'' and inserting in lieu thereof ``$466.'' SEC. 4. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. Section 1311 of title 38, United States Code, is amended-- (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: Monthly Monthly ``Pay grade rate Pay grade rate E-1................. $634 W-4..................... $911 E-2................. 654 O-1..................... 803 E-3................. 672 O-2..................... 829 E-4................. 714 O-3..................... 888 E-5................. 732 O-4..................... 939 E-6................. 749 O-5..................... 1,035 E-7................. 785 O-6..................... 1,168 E-8................. 829 O-7..................... 1,262 E-9................. \1\866 O-8..................... 1,383 W-1................. 803 O-9..................... 1,483 W-2................. 835 O-10.................... \2\1,627 W-3................. 860 ``\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $934. ``\2\If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,744.''; (2) by striking out ``$185'' in subsection (c) and inserting in lieu thereof ``$191''; and (3) by striking out ``$90'' in subsection (d) and inserting in lieu thereof ``$93''. SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) of title 38, United States Code, is amended-- (1) by striking out ``$310'' in paragraph (1) and inserting in lieu thereof ``$319''; (2) by striking out ``$447'' in paragraph (2) and inserting in lieu thereof ``$460''; (3) by striking out ``$578'' in paragraph (3) and inserting in lieu thereof ``$595''; and (4) by striking out ``$578'' and ``$114'' in paragraph (4) and inserting in lieu thereof ``$595'' and ``$117'', respectively. (b) Supplemental DIC for Disabled Adult Children.--Section 1314 of such title is amended-- (1) by striking out ``$185'' in subsection (a) and inserting in lieu thereof ``$191''; (2) by striking out ``$310'' in subsection (b) and inserting in lieu thereof ``$319''; and (3) by striking out ``$157'' in subsection (c) and inserting in lieu thereof ``$162''. SEC. 6. TECHNICAL CORRECTION RELATING TO THE FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8) or 3712(a)(1)(F) of this title, discount''.

Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Makes a technical correction relating to the financing of discount points for certain veterans' loans. Deletes the requirement that adjustments in adjustable rate mortgages guaranteed to veterans by the Department of Veterans Affairs occur on the anniversary of the date on which the loan was closed.

A bill to amend title 38, United States Code, to codify the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of such veterans as such rates took effect of December 1, 1992, and to make a technical correction relating to the financing of discount points for certain veterans loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``1997 Franklin Delano Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the people of the United States feel a deep debt of gratitude to Franklin Delano Roosevelt for his leadership in America's struggle for peace, well-being, and human dignity; (2) Franklin Delano Roosevelt served his country as the thirty-second President from 1932 until his death in 1945, and is the only United States President elected to 4 terms in office; (3) Franklin Delano Roosevelt served the State of New York as Governor from 1928 through 1932; (4) Franklin Delano Roosevelt served his country as the United States Assistant Secretary of the Navy from 1913 through 1920; (5) Franklin Delano Roosevelt piloted the American people through the economic chaos of the Great Depression; (6) Franklin Delano Roosevelt, as our commander in chief, led the American people through the turmoil of World War II; (7) Franklin Delano Roosevelt established Social Security, thus providing all Americans with a more abundant and secure life; (8) Franklin Delano Roosevelt was the author of ``The Four Freedoms: Freedom of Speech, Freedom of Worship, Freedom from Want, and Freedom from Fear''; (9) Franklin Delano Roosevelt was the founder of the National Foundation for Infantile Paralysis, parent organization of the March of Dimes; (10) Franklin Delano Roosevelt was the chief architect of the United Nations; (11) after many years of planning, the Franklin Delano Roosevelt Memorial will soon join the memorials of Washington, Jefferson, and Lincoln as a tribute to another great American leader; (12) the Franklin Delano Roosevelt Memorial will be a series of 4 large outdoor rooms encompassing over 7 acres, and will be situated between the Lincoln and Jefferson memorials in Washington, D.C.; and (13) in 1997, the Nation will celebrate the public opening of this magnificent memorial, honoring one of our greatest Presidents. SEC. 3. COIN SPECIFICATIONS. (a) Half Dollar Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 half dollar coins, each of which shall-- (1) weigh 12.50 grams; (2) have a diameter of 30.61 millimeters; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The obverse side of each coin minted under this Act shall bear a likeness of Franklin Delano Roosevelt, the thirty-second President of the United States. The reverse side of each coin shall be emblematic of the Franklin Delano Roosevelt Memorial in Washington, D.C. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Franklin Delano Roosevelt Memorial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (c) Additions and Alterations.--No addition or alteration to the design selected in accordance with subsection (b) shall be made without the approval of the Franklin Delano Roosevelt Memorial Commission. SEC. 6. ISSUANCE OF COINS. (a) Quality and Mint Facility.--The coins authorized under this Act may be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 1997, and ending on December 31, 1997. SEC. 7. 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 subsection (d) 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. (d) Surcharges.--All sales shall include a surcharge of $3 per coin. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) An amount equal to 50 percent of the total surcharges shall be paid to the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial. (2) An amount equal to 50 percent of the total surcharges shall be paid to the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the accounts referred to in subsection (a) as may be related to the expenditures of amounts paid under such subsection. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

1997 Franklin Delano Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative half-dollar silver coins whose obverse side shall bear a likeness of Franklin Delano Roosevelt, and whose reverse side shall be emblematic of the Franklin Delano Roosevelt Memorial in Washington, D.C. Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Franklin Delano Roosevelt Memorial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Declares that: (1) the coins shall be struck at the U.S. Bullion Depository at West Point; and (2) may be issued only from January 1, 1997, to December 31, 1997. Requires the Secretary to distribute proceeds from surcharges in equal allocations to: (1) the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial; and (2) the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial.

1997 Franklin Delano Roosevelt Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microcredit for Self-Sufficiency Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) More than 1,000,000,000 people in the developing world are living in severe poverty. (2) According to the United Nations Children's Fund, the mortality for children under the age of 5 is 10 percent in all developing countries and nearly 20 percent in the poorest countries. (3) Nearly 33,000 children die each day from malnutrition and disease which is largely preventable. (4)(A) Women in poverty generally have larger work loads and less access to educational and economic opportunities than their male counterparts. (B) Directly aiding the poorest of the poor, especially women, in the developing world has a positive effect not only on family incomes, but also on child nutrition, health, and education, since women tend to reinvest income in their families. (5)(A) The poor in the developing world, particularly women, generally lack stable employment and social safety nets. (B) Many women turn to self-employment to generate a substantial portion of their livelihood. (C) These poor entrepreneurs are often trapped in poverty because they cannot obtain credit at reasonable rates to build their asset base or expand their otherwise viable self- employment activities. (D) Many of the poor are forced to pay interest rates as high as 10 percent per day to money lenders. (6)(A) On February 2-4, 1997, an international Microcredit Summit was held in Washington, D.C., to launch a plan to expand access to credit for self-employment and other financial and business services to 100,000,000 of the world's poorest families, especially the women of those families, by 2005. (B) With an average of 5 people to a family, achieving this goal will mean that the benefits of microcredit will reach nearly half of the world's more than 1,000,000,000 absolute poor. (7)(A) The poor are able to expand their incomes and their businesses dramatically when they have access to loans at reasonable interest rates. (B) Through the development of self-sustaining microcredit programs, poor people themselves can lead the fight against hunger and poverty. (8)(A) Nongovernmental organizations such as the Grameen Bank, Accion International, and the Foundation for International Community Assistance (FINCA) have been successful in lending directly to the very poor. (B) These institutions generate repayment rates averaging 95 percent or higher. (9)(A) Microcredit institutions not only reduce poverty, but also reduce the dependency on foreign assistance. (B) Interest income on a credit portfolio can be used to pay recurring institutional costs, assuring that the long-term development is sustained. (10) Microcredit institutions leverage foreign assistance resources because loans are recycled, generating new benefits to program participants. (11) The development of sustainable microcredit institutions that provide credit and training, and mobilize domestic savings, are critical to a global strategy of poverty reduction and broad-based economic development. (12)(A) In 1994, AID launched a Microenterprise Initiative in consultation with Congress. (B) The Initiative was committed to expanding funding for AID's microenterprise programs, provided funding of $137,000,000 for fiscal year 1994, and set a goal that, by the end of fiscal year 1996, half of all microenterprise resources would support programs and institutions providing credit to the poorest with loans under $300. (C) In fiscal year 1996, total funding for microenterprise activities fell to $111,000,000 of which only 39 percent was used for programs benefiting the poorest with loans under $300. (D) Increased investment in microcredit institutions serving the poorest is critical to achieving the Microcredit Summit's goal. (E) AID's funding for microenterprise activities in the developing world should be expanded to $160,000,000 for fiscal year 1999 to parallel the growing capacity of microcredit institutions in the developing world. (13) Providing the United States share of the global investment needed to achieve the goal of the Microcredit Summit will require only a modest increase in United States funding for international microcredit programs, with an increased focus on institutions serving the poorest. (14)(A) In order to reach tens of millions of the poorest with microcredit, it is crucial to expand and replicate successful microcredit institutions. (B) Microcredit institutions need assistance in developing their institutional capacity to expand their services and tap commercial sources of capital. (15) PVOs and other nongovernmental organizations have demonstrated competence in developing networks of local microcredit institutions that can reach large numbers of the very poor, and help the very poor achieve financial sustainability. (16) Since AID has developed very effective partnerships with PVOs and other nongovernmental organizations, AID should place a priority on investing in PVOs and other nongovernmental organizations through AID's central funding mechanisms. (17) By expanding and replicating successful microcredit institutions, AID should be able to assure the creation of a global infrastructure to provide financial services to the world's poorest families. (18)(A) AID can provide leadership among bilateral and multilateral development aid agencies as such agencies expand their support of microenterprise for the poorest. (B) AID should seek to improve the coordination of efforts at the operational level to promote the best practices for providing financial services to the poor and to ensure that adequate institutional capacity is developed. (b) Purposes.--The purposes of this Act are-- (1) to provide for the continuation and expansion of AID's commitment to develop microcredit institutions; (2) to make microenterprise development the centerpiece of the overall economic growth strategy of AID; (3) to support and develop the capacity of United States PVOs, and other international nongovernmental organizations to provide credit, savings, and training services to microentrepreneurs; and (4) to increase the amount of assistance devoted to providing access to credit for the poorest sector in developing countries, particularly women. SEC. 3. DEFINITIONS. In this Act: (1) AID.--The term ``AID'' means the United States Agency for International Development. (2) Microcredit, microenterprise, poverty lending; poverty lending portion of mixed programs; mixed programs.--The terms ``microcredit'', ``microenterprise'', ``poverty lending portion of mixed programs'', and ``mixed programs'' have the meaning given such terms under the 1994 Microenterprise Initiative of AID. (3) PVOs and other nongovernmental organizations.--The term ``PVOs and other nongovernmental organizations'' means-- (A) private voluntary organizations (including cooperative organizations), and (B) international, regional, or national nongovernmental organizations, that are active in the region or country where the project is located and that have the capacity to develop and implement microenterprise programs that are oriented toward working directly with the poor, especially the poorest and women. SEC. 4. MICROENTERPRISE ASSISTANCE. (a) Authorization.-- (1) In general.--The President, acting through the Administrator of AID, is authorized to establish programs to provide credit and other assistance for microenterprises in developing countries. (2) Use of pvos and other nongovernmental organizations.-- Programs to provide credit for microenterprises and related activities under this section shall be carried out primarily by United States PVOs and other United States and indigenous nongovernmental organizations, including credit unions, cooperative organizations, and other private financial intermediaries. (b) Eligibility Criteria.--The Administrator of AID shall establish criteria for determining which entities described in subsection (a)(2) are eligible to carry out the purposes described in section 2(b). Such criteria shall include the following: (1) The extent to which the recipients of credit from the entity lack access to the local formal financial sector. (2) The extent to which the recipients of credit from the entity are among the poorest people in the country. (3) The extent to which the entity is oriented toward working directly with poor women. (4) The extent to which the entity is implementing a plan to become financially self-reliant by charging realistic interest rates to its borrowers. (c) Funding Levels for Fiscal Year 1999.-- (1) In general.--Of the amounts made available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), not less than $160,000,000 of the funds made available for fiscal year 1999 shall be used to provide assistance under this Act. The funds authorized under the preceding sentence shall be in addition to any funds made available in fiscal year 1999 for microenterprise activities in the former Soviet Union and Eastern Europe pursuant to the FREEDOM Support Act and any funds for special assistance initiatives within Europe, the newly independent states of the Former Soviet Union, Asia, and the Near East. (2) Additional requirements.-- (A) Poverty lending.--Of the funds made available under paragraph (1), not less than $80,000,000 shall be used to support poverty lending. (B) Support of pvos and other nongovernmental organizations.--Of the funds made available under paragraph (1), not less than $35,000,000 shall be provided through the central funding mechanisms of AID for support of United States PVOs and United States and indigenous nongovernmental organizations. (C) Matching grant program.--Of the funds made available under paragraph (1), not less than $10,000,000 shall be used for the private voluntary organizations matching grant program of AID for support of United States PVOs. (3) Definitions.--For purposes of this subsection-- (A) To support poverty lending.--The term ``to support poverty lending'' means-- (i) funds lent to members of the poverty target population (as defined in subparagraph (B)) in low-income countries in amounts equivalent to $300 or less in 1997 United States dollars; and (ii) funds used for institutional development of an entity described in subsection (a)(2), that is engaged in-- (I) making loans of $300 or less in 1997 United States dollars to members of the poverty target population; or (II) the poverty lending portion of a mixed program. (B) Poverty target population.--The term ``poverty target population'' means the poorest 50 percent of those individuals living below the poverty line, defined by the national government of the foreign country to which funds are being provided. SEC. 5. PROGRAM PERFORMANCE CRITERIA. (a) Strengthening of Appropriate Mechanisms.--The Administrator of AID shall-- (1) strengthen appropriate mechanisms, including mechanisms for central microenterprise programs, for the purpose of strengthening the institutional development of the entities described in section 4(a)(2); and (2) develop and strengthen appropriate mechanisms for the purpose of gathering and disseminating the best practice for targeting microcredit to the poorest segment of the population. (b) Monitoring System.--In order to sustain the impact of the assistance authorized under section 4, the Administrator of AID shall establish a monitoring system that-- (1) establishes performance goals for such assistance and expresses such goals in an objective and quantifiable form; (2) establishes performance systems or indicators to measure the extent to which projects are achieving such goals; and (3) provides a basis for recommendations for adjustments to such assistance to enhance the benefit of such assistance for the very poor, particularly women. (c) Additional Monitoring Requirements.--As a part of the monitoring system established under subsection (b), the Administrator of AID-- (1) using data provided by lending institutions, shall monitor the actual amount of microenterprise credit and the number of loans made available to the poverty target population as a result of each project or program carried out pursuant to this Act; (2) using data provided by lending institutions, shall monitor the amount of funding provided pursuant to this Act which is allocated to organizations engaged in making loans of under $300 to the poverty target population, or to the poverty lending portion of mixed programs; (3) shall report to Congress annually on the progress in implementing AID's institutional plan of action to achieve the Microcredit Summit goal of expanding access to credit and other financial and business services to 100,000,000 of the world's poorest families, especially the women in those families, by 2005; and (4) shall include a summary of the information collected under paragraphs (1) and (2) in AID's annual presentation to Congress.

Microcredit for Self-Sufficiency Act of 1998 - Authorizes the President to establish programs to provide through U.S. private voluntary organizations (PVOs) and other U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria. Authorizes funding allocations. Directs the Administrator of the U.S. Agency for International Development (AID), in order to sustain the impact of such assistance, to establish a monitoring system that sets certain performance goals and provides a basis for recommendations for adjustments to enhance its benefit for the very poor, particularly women.

Microcredit for Self Sufficiency Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Contracting Oversight and Reform Act of 2010''. SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. SEC. 3. CONGRESSIONAL OVERSIGHT. Section 872(e)(1) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417; 41 U.S.C. 417b(e)(1)) is amended by striking ``to the Chairman and Ranking Member of the committees of Congress having jurisdiction'' and inserting ``to any Member of Congress''. SEC. 4. COMPLIANCE. (a) Self-Reporting Requirement.--Section 872(f) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110- 417; 41 U.S.C. 417b(f) is amended to read as follows: ``(f) Self-Reporting Requirement.-- ``(1) Contracts in excess of simplified acquisition threshold.--No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of the simplified acquisition threshold unless the contractor has first made the certifications set forth in section 52.209-5 of the Federal Acquisition Regulation. ``(2) Contracts in excess of $500,000.--No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of $500,000 unless the contractor-- ``(A) certifies that the contractor has submitted to the Administrator the information required under subsection (c) and that such information is current as of the date of such certification; or ``(B) certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000.''. (b) Periodic Inspection or Review of Contract Files.--Section 872(e)(2) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417; 41 U.S.C. 417b(e)(2)) is amended by adding at the end the following new subparagraph: ``(C) Periodic inspection or review.--The Inspector General of each Federal agency shall periodically-- ``(i) conduct an inspection or review of the contract files required under subparagraph (B) to determine if the agency is providing appropriate consideration of the information included in the database created pursuant to subsection (c); and ``(ii) submit a report containing the results of the inspection or review conducted under clause (i) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.''. (c) Annual Report.--The Comptroller General of the United States shall annually submit a report to the appropriate congressional committees describing the extent to which suspended or debarred contractors on the Excluded Parties List System-- (1) are identified as having received Federal contracts on USAspending.gov; or (2) were granted waivers from Federal agencies from suspension or debarment for purposes of entering into Federal contracts. SEC. 5. CONSOLIDATION OF CONTRACTING INFORMATION DATABASES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the appropriate congressional committees a plan for integrating and consolidating existing contracting information databases, including the databases set forth in subsection (b), into a single searchable and linked network. (b) Included Databases.--The single network described in subsection (a) shall include information from all relevant contracting information databases, including-- (1) the Excluded Parties List System (EPLS); (2) the Central Contractor Registry (CCR); (3) the Contractor Performance Assessment Reporting System (CPARS); (4) the Federal Assistance Award Data System (FAADS); (5) the Federal Awardee Performance and Integrity Information System (FAPIIS); (6) the Federal Business Opportunities Database (FBO); (7) the Federal Procurement Data System-Next Generation (FPDS-NG); (8) the Past Performance Information Retrieval System (PPIRS); and (9) USAspending.gov. SEC. 6. UNIQUE IDENTIFYING NUMBER. (a) Study.--The Inspector General of the General Services Administration shall conduct a study on the use of identifying numbers for Federal contractors to-- (1) determine if the system of contractor identifying numbers in use as of the date of the enactment of this Act is adequately tracking Federal contractors; (2) assess the feasibility of developing and adopting a new unique Federal contractor identification system; and (3) determine whether such a system would more effectively track Federal contractors. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). SEC. 7. DATABASE SCOPE. Section 872(c) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417; 41 U.S.C. 417(c)) is amended-- (1) in the matter preceding paragraph (1), by striking ``5- year period'' and inserting ``10-year period''; and (2) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``with the Federal Government''; (B) in subparagraph (C), by striking ``In an administrative proceeding, a finding of fault and liability'' and inserting ``An administrative proceeding''; and (C) in subparagraph (D), by striking ``with an acknowledgment of fault by the person''.

Federal Contracting Oversight and Reform Act of 2010 - Amends the Clean Contracting Act of 2008 to: (1) require the Administrator of General Services (GSA) to ensure that the information in the database of information regarding the integrity and performance of persons awarded federal contracts and grants is available to any Member of Congress (currently, limited to the Chairman and Ranking Member of the committees having jurisdiction); and (2) expand the scope of the database, including doubling the period of coverage. Prohibits funds appropriated or otherwise made available by any Act from being used for any federal contract for the procurement of property or services in excess of: (1) the simplified acquisition threshold unless the contractor has first made the certifications set forth in the Federal Acquisition Regulation regarding debarment, suspension, proposed debarment, and other responsibility matters; and (2) $500,000 unless the contractor certifies that he or she has submitted to the Administrator specified required information and that such information is current as of the date of the certification, or that the contractor has cumulative active federal contracts and grants valued at less than $10 million. Requires the Inspector General of each federal agency to periodically: (1) conduct an inspection or review of required contract files to determine if the agency is providing appropriate consideration of the information included in the database; and (2) report to Congress on the results of the inspection or review. Requires the Comptroller General to annually report on the extent to which suspended or debarred contractors on the Excluded Parties List System are identified as having received contracts on USAspending.gov or were granted waivers from suspension or debarment. Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress a plan for integrating and consolidating specified existing contracting information databases into a single searchable and linked network; and (2) the Inspector General of GSA to conduct a study on the use of identifying numbers for federal contractors.

A bill to improve the management and oversight of Federal contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Lands Corps Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) conserving or developing natural and cultural resources and enhancing and maintaining environmentally important lands and waters through the use of the Nation's young men and women in a Public Lands Corps can benefit those men and women by providing them with education and work opportunities, furthering their understanding and appreciation of the natural and cultural resources, and providing a means to pay for higher education or to repay indebtedness they have incurred to obtain higher education while at the same time benefiting the Nation's economy and its environment; (2) many facilities and natural resources located on public lands and on Indian reservations are in disrepair or degraded and in need of labor intensive rehabilitation, restoration, and enhancement work which cannot be carried out by Federal agencies at existing personnel levels; and. (3) youth conservation corps have established a good record of restoring and maintaining these kinds of facilities and resources in a cost effective and efficient manner, especially when they have worked in partnership arrangements with government land management agencies. (b) Purpose.--It is the purpose of this Act to-- (1) perform, in a cost-effective manner, conservation, rehabilitation, restoration, and improvement work on public lands and Indian lands where that work will not be performed by existing employees, and to assist government and tribal land managing agencies in performing research and public education tasks associated with natural and cultural resources on public lands; (2) expose young men and women to public service while furthering their understanding and appreciation of the nation's natural and cultural resources; (3) expand educational opportunity by rewarding individuals who participate in national service with an increased ability to pursue higher education or job training; and (4) stimulate interest among the nation's young men and women in conservation careers by exposing them to conservation professionals in land managing agencies. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Corps'' means the Public Lands Corps established under section 4. (2) The term ``public lands'' means any lands or waters (or interest therein) owned or administered by the United States other than Indian lands. (3) The term ``qualified youth or conservation corps'' means any program established by a State or local government, by the governing body of any Indian tribe, or by a nonprofit organization that-- (A) is capable of offering meaningful, full-time, productive work for individuals between 16 and 25 years of age in a natural or cultural resource setting; (B) gives participants a mix of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values and skills through service to their community and the United States. (4) The term ``Indian tribe'' means any Indian tribe, band, nation, or other group which is recognized as an Indian tribe by the Secretary of the Interior. Such term also includes any Native village corporation, regional corporation, and Native group established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1701 et seq.). (5) The term ``Indian'' means a person who is a member of an Indian tribe. (6) The term ``Indian lands'' means any real property owned by an Indian tribe, any real property held in trust by the United States for Indian tribes, and any real property held by Indian tribes which is subject to restrictions on alienation imposed by the United States. (7) The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. (8) The term ``conservation, restoration, or rehabilitation project'' means any project for the conservation, restoration, or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources. SEC. 4. PUBLIC LANDS CORPS PROGRAM. (a) Establishment of Public Lands Corps.--There is hereby established in the Department of the Interior and the Department of Agriculture a Public Lands Corps. The Corps shall consist of young men and women between the ages of 16 and 25 who are enrolled in the Corps by the Secretary of the Interior or the Secretary of Agriculture under this Act. Persons enrolled in the Corps shall be citizens or permanent residents of the United States, or of any territory or possession of the United States or of the Commonwealth of Puerto Rico who have received a high school diploma or its equivalent or who agree to obtain a high school diploma or its equivalent and who did not drop out of an elementary or secondary school to enroll in the program. Such persons shall be enrolled in the Corps without regard to the civil service and classification laws, rules, or regulations of the United States. (b) Qualified Youth or Conservation corps.--The Secretary of the Interior and the Secretary of Agriculture are authorized to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform projects referred to in subsection (c). (c) Projects to be Carried Out.--The Secretary of the Interior and the Secretary of Agriculture may each utilize the Public Lands Corps or any qualified youth or conservation corps to carry out any conservation, restoration, or rehabilitation project which such Secretary is authorized to carry out under other authority of law on public lands or Indian lands. (d) Preference for Certain Projects.--In selecting projects to be carried out under this Act, a preference shall be provided for those projects which-- (1) will provide long-term benefits to the public; (2) will instill in the enrollee involved a work ethic and a sense of public service; (3) will be labor intensive; (4) can be planned and initiated promptly; and (5) will provide academic, experiential, and environmental education opportunities. (e) Consistency.--All projects carried out under this Act on any public lands or Indian lands shall be consistent with the provisions of law and policies relating to the management and administration of such lands, with all other applicable provisions of law, and with all management, operational, and other plans and documents which govern the administration of the area. (f) Conservation Centers.--The Secretary of the Interior and the Secretary of Agriculture are each authorized to provide such quarters, board, medical care, transportation, and other services, facilities, supplies, and equipment as such Secretary deems necessary in connection with the programs carried out under this section and to establish and use conservation centers owned and operated by such Secretary for purposes of such programs. Each such Secretary may make arrangements with the Secretary of Defense to have logistical support provided by a military installation near any conservation center, where feasible, including the provision of temporary tent shelters where needed, transportation, and residential supervision. Such Secretaries shall establish basic standards of health, nutrition, sanitation, and safety for all conservation centers and shall assure that such standards are enforced. Where necessary or appropriate, such Secretaries may enter into contracts and other appropriate arrangements with State and local government agencies and private organizations for the management of such conservation centers. SEC. 5. RESOURCE ASSISTANTS. (a) Authorization.--The Secretary of the Interior and the Secretary of Agriculture are each authorized to provide for the placement of qualified college students or recent college graduates in any Federal land managing agency under the jurisdiction of such Secretary as resource assistants to carry out such research or other technical functions on behalf of such agency as such Secretary deems appropriate. Such persons shall be placed in the agency without regard to the civil service and classification laws, rules, or regulations of the United States. Resource assistants participating in the program established under this section shall be recruited from colleges and universities throughout the United States, with particular attention given to ensure full representation of women and participants from historically black, Hispanic, and Native American schools. (b) Purposes.--The dual purposes of the Resource Assistant Program established under this section are to-- (1) augment the work force of the Federal land managing agencies through more extensive use of college students and recent college graduates, and (2) to enhance the college student or college graduate's exposure to the conservation agency work place as a potential career. (c) Existing Nonprofit Organizations.--Whenever 1 or more existing nonprofit organizations can, in the judgment of the agency, provide an appropriate level and quality of program to fulfill the requirements of this section, the agency is authorized and directed to implement this section through such existing organizations. (d) Private Sources of Funding.--Participating nonprofit organizations shall contribute to the expenses of providing and supporting the interns, through private sources of funding, at a level equal to 25 percent of the total costs of each participant in the Resource Assistant program who has been recruited and placed through that organization. Any such participating nonprofit conservation service organization shall be required, by the respective land managing agency, to submit an annual report evaluating the scope, size, and quality of the program, including the value of work contributed by the Resource Assistants, to the mission of the agency. SEC. 6. LIVING ALLOWANCES AND TERMS OF SERVICE FOR PARTICIPANTS. (a) Living Allowances.--The Secretary of the Interior and the Secretary of Agriculture shall provide each participant in the Public Lands Corps and each Resource Assistant participating in the program established under section 5 a living allowance which shall not exceed the maximum living allowance established for participants in the national service program established under title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) (b) Terms of Service.--Each participant in the Public Lands Corps and each Resource Assistant participating in the program established under section 5 shall agree to participate in such program for a term of service established by the Secretary of the Interior or the Secretary of Agriculture, as the case may be, consistent with the terms of service required in the case of participants in the national service program established under the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) SEC. 7. EDUCATIONAL BENEFITS OR AWARDS FOR PARTICIPANTS. (a) Educational Benefits and Awards.--Each participant in the Public Lands Corps and each Resource Assistant participating in the program established under section 5 shall be eligible for national service awards under title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) if such participant complies with such requirements as may be established under this Act by the Secretary of the Interior or the Secretary of Agriculture respecting eligibility for such benefits and awards. The period during which such benefits or awards may be used, the purposes for which such benefits or awards may be used, and the amount of such benefits and awards shall be determined as provided under such subtitle D. (b) Forbearance in the Collection of Stafford Loans.--For purposes of section 428 of the Higher Education Act of 1965, in the case of borrowers who are participants in the Public Lands Corps and Resource Assistants participating in the program established under section 5, upon written request, a lender shall grant a borrower forbearance on such terms as are otherwise consistent with the regulations of the Secretary of Education, during periods in which the borrower is serving as such a participant or Resource Assistant and eligible for a post service educational benefit or award under subsection (a). SEC. 8. NONDISPLACEMENT. The nondisplacement requirements of section 177 of the National and Community Service Act of 1990 (42 U.S.C. 12637) shall be applicable to all activities carried out by the Public Lands Corps, to the program carried out under section 6, and to all activities carried out under this Act by a qualified youth or conservation corps. SEC. 9. FUNDING. (a) Cost Sharing.-- (1) Projects by qualified youth or conservation corps.--The Secretary of the Interior and the Secretary of Agriculture are each authorized to pay not more than 75 percent of the costs of any project carried out pursuant to this Act on public lands by a qualified youth or conservation corps. The remaining 25 percent of such costs may be provided from nonfederal sources in the form of funds, services, facilities, materials, equipment, or any combination of the foregoing. No cost sharing shall be required in the case of any such project carried out on Indian lands. (2) Public Lands Corps.--A foundation associated with a Federal land managing agency may contribute to the costs of any project carried out by the Public Lands Corps established under this Act, but nothing in this Act shall be construed to require any cost sharing for any such project. (b) Funds Available Under National and Community Service Act.--For programs carried out under this section (including the Resource Assistant Program), the Secretary of the Interior and the Secretary of Agriculture shall be eligible to receive funds available to any corps programs under the National and Community Service Act of 1990 (42 U.S.C. 12501 and following). Such funds shall be provided to such Secretaries without regard to any restriction under section 122(b)(4) of such Act, or under any other provision of such Act, relating to the failure of a State to establish a corps program. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Public Lands Corps Act of 1993 - Establishes a Public Lands Corps in the Departments of the Interior and Agriculture to carry out authorized conservation, restoration, and rehabilitation projects on public lands or Indian lands. Requires the Corps to consist of men and women between the ages of 16 and 25 with high school diplomas or the equivalent. Authorizes the Secretaries to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform the projects. Sets forth provisions relating to: (1) preferred project characteristics; and (2) provision of facilities, services, and supplies and establishment of conservation centers for project programs. Authorizes the Secretaries to provide for the placement of qualified college students or recent college graduates as Resource Assistants in Federal land managing agencies to carry out research or other technical functions. Declares that the purposes of the Resource Assistant Program are: (1) to augment the work force of the Federal land managing agencies through more extensive use of college students and recent college graduates; and (2) to enhance exposure to the conservation agency work place as a potential career. Directs the agency to implement the Program through existing nonprofit organizations if they can provide an appropriate level and quality of program. Requires participating nonprofit organizations to contribute 25 percent of the total costs of each Program participant recruited and placed through that organization. Applies provisions of the National and Community Service Act of 1990 (the Act) relating to living allowances, terms of service, educational benefits or awards, and nondisplacement to participants in the Public Lands Corps and Resource Assistant Program. Authorizes the Secretaries to pay up to 75 percent of the costs of any project carried out on public lands by a qualified youth or conservation corps. Permits the remaining 25 percent of such costs to be provided from nonfederal sources in the form of funds, services, materials, or equipment. Prohibits cost sharing in the case of such project carried out on Indian lands. Authorizes appropriations.

Public Lands Corps Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Veterans Access to Quality Care Act of 2017''. SEC. 2. EXPANSION OF AVAILABILITY OF PROSTHETIC AND ORTHOTIC CARE FOR VETERANS. (a) Establishment or Expansion of Advanced Degree Programs To Expand Availability of Care.--The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report.-- (1) In general.--Not later than one year after the effective date specified in subsection (d), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). (2) Development of plan.--The Secretary shall develop the plan required under paragraph (1) in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated for fiscal year 2017 for the Department of Veterans Affairs, $5,000,000 to carry out this section. (2) Availability.--The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2020. (d) Effective Date.--This section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Full Practice Authority.--The Secretary of Veterans Affairs shall provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed health care professionals of the Department of Veterans Affairs as is consistent with the education, training, and certification of such health care professionals. (b) Inapplicability of State Limitations.--Full practice authority shall be provided by the Secretary under subsection (a) to health care professionals described in that subsection without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a licensing or credentialing body of a State or otherwise under State law. (c) Definitions.--In this section: (1) The term ``advanced practice registered nurse'' has the meaning given that term in section 5509(e)(1) of Public Law 111-148 (42 U.S.C. 1395ww note). (2) The term ``full practice authority'' means-- (A) with respect to an advanced practice registered nurse, the full scope of practice for the area of nursing practiced by the advanced practice registered nurse as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of nursing; (B) with respect to a physician assistant, the full scope of practice for the area of medicine practiced by the physician assistant as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine; and (C) with respect to any other licensed health care professional not specified in subparagraph (A) or (B), the full scope of practice for the area of medicine practiced by the licensed health care professional as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine. (3) The term ``physician assistant'' has the meaning given that term in section 1861(aa)(5)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(5)(A)). SEC. 4. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA FROM SECRETARY OF DEFENSE TO SECRETARY OF VETERANS AFFAIRS. (a) In General.--In a case in which the Secretary of Veterans Affairs hires a covered health care provider, the Secretary of Defense shall, after receiving a request from the Secretary of Veterans Affairs for the credentialing data of the Secretary of Defense relating to such health care provider, transfer to the Secretary of Veterans Affairs such credentialing data. (b) Covered Health Care Providers.--For purposes of this section, a covered provider is a health care provider who-- (1) is or was employed by the Secretary of Defense; (2) provides or provided health care related services as part of such employment; and (3) was credentialed by the Secretary of Defense. (c) Policies and Regulations.--The Secretary of Veterans Affairs and the Secretary of Defense shall establish such policies and promulgate such regulations as may be necessary to carry out this section. (d) Credentialing Defined.--In this section, the term ``credentialing'' means the systematic process of screening and evaluating qualifications and other credentials, including licensure, required education, relevant training and experience, and current competence and health status. (e) Effective Date.--This section shall take effect on the date that is one year after the date of the enactment of this Act.

Improving Veterans Access to Quality Care Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: (1) develop a plan for working with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as is consistent with the education, training, and certification of such professionals without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a state licensing or credentialing body. The Department of Defense (DOD) must transfer to the VA upon request the credentialing data of a DOD health care provider who is hired by the VA.

Improving Veterans Access to Quality Care Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying Redress and Verified Enforcement Act'' or the ``BRAVE Act''. SEC. 2. REPORTING REQUIREMENTS. Title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by inserting after section 9534 the following: ``SEC. 9534A. BULLYING. ``(a) Official Reporting Requirements.-- ``(1) Report of bullying.-- ``(A) In general.--Subject to subparagraph (B), a local educational agency shall require an employee of the local educational agency who becomes aware of bullying to report to the individual designated under paragraph (2) by not later than 7 business days after becoming aware of such bullying a description of-- ``(i) the acts that constituted bullying; ``(ii) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, such protected characteristic; and ``(iii) the response to such bullying by employees of the local educational agency. ``(B) Exception.--Notwithstanding subparagraph (A), in the case of an employee of a local educational agency who is informed of bullying by a student attending a school served by the local educational agency, but the student requests that such bullying not be reported by the employee, the employee shall not be required to report such bullying under subparagraph (A). ``(2) Receipt of reports.--A local educational agency shall designate an individual to receive reports of bullying and shall inform each employee of the local educational agency of the contact information of the individual so designated. ``(3) Reporting to the local educational agency.--Not later than 60 days after the date of the receipt of a report under paragraph (1), the individual designated under paragraph (2) shall inform all employees of the local educational agency of the acts described and the response by employees of the local educational agency and shall exclude any personally identifiable information of any student involved. ``(4) Publicly available quarterly reports.-- ``(A) In general.--Subject to subparagraph (B), a local educational agency shall publish and make available to all students served by the local educational agency and parents of such students a report on a quarterly basis that-- ``(i) summarizes the bullying reported since the previous quarterly report; ``(ii) summarizes the responses by employees of the local educational agency to such bullying; ``(iii) excludes any personally identifiable information of any student involved; and ``(iv) informs the public of the right to file a complaint under subsection (b)(2). ``(B) Exception.--A local educational agency shall not publish a report under subparagraph (A) in a case in which such publication would reveal personally identifiable information about an individual student. ``(5) Annual policy review.--Each local educational agency shall review, on an annual basis, the policies on bullying for schools served by the local educational agency. ``(b) Federal Enforcement.-- ``(1) Condition of federal funding.--As a condition of receiving funds under this Act, a local educational agency shall-- ``(A) annually certify to the Secretary in writing that such local educational agency has complied with this section; and ``(B) together with such certification, submit the 4 most recent quarterly reports published preceding such certification pursuant to subsection (a)(4). ``(2) Federal receipt of complaints.--The Assistant Secretary who serves as the head of the Office of Civil Rights for the Department of Education shall-- ``(A) establish a procedure for a student of a local educational agency, a parent of such student, or another appropriate individual to submit to the Assistant Secretary a complaint relating to a failure to comply with this section; and ``(B) publish such procedure on the Internet website of the Department of Education. ``(3) Federal response to complaints.--After receiving a complaint pursuant to paragraph (2), the Assistant Secretary shall-- ``(A) investigate such complaint to determine if a local educational agency failed to comply with this section; and ``(B) if such local educational agency is determined under subparagraph (A) to have failed to comply with this section-- ``(i) withhold further payment of funds under this Act to such local educational agency; ``(ii) issue a complaint to compel compliance of such local educational agency through a cease and desist order; or ``(iii) enter into a compliance agreement with such local educational agency to bring it into compliance with this section, in the same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. ``(4) Public availability of information about complaints.--Not later than 60 days after receiving a complaint pursuant to subsection (b)(2), the Assistant Secretary shall make available on the Internet website of the Department of Education information about such complaint, which shall-- ``(A) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, include a description of such protected characteristic; and ``(B) exclude any personally identifiable information of any student involved. ``(c) Definitions.--In this section: ``(1) Bullying.--The term `bullying' means any severe, pervasive, or persistent electronic, written, verbal, or physical act by one student or a group of students toward another student during school hours and on school premises, or at a school-sponsored activity outside of school hours, that causes-- ``(A) harm to or reasonable concern for the person, property, or mental health of such other student; or ``(B) such other student to withdraw from or avoid benefitting from the services, activities, or opportunities offered by the school. ``(2) Protected characteristic.--The term `protected characteristic' includes race, color, sex, religion, national origin, disability, gender, gender identity, and sexual orientation.''.

Bullying Redress and Verified Enforcement Act or the BRAVE Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require the employees of local educational agencies (LEAs) who become aware of bullying to report to an LEA-designated individual, within seven business days: (1) the acts that constituted bullying; (2) the protected characteristic of the victim if the bullying included a reference to or was motivated by such an actual or perceived protected characteristic; and (3) the response of the LEA's employees. Requires the LEA-designated individual, within 60 days after receiving such a report, to inform all the LEA's employees of the acts described and the response of the LEA's employees. Requires each LEA to annually review its policies on bullying. Directs each LEA to publish and make available to all of its students and their parents a quarterly report that: (1) summarizes the bullying reported since the previous quarterly report, (2) summarizes the responses to such bullying by the LEA's employees, (3) excludes any personally identifiable information of any student involved, and (4) informs the public of the right to file a complaint with the Office of Civil Rights for the Department of Education regarding the LEA's failure to comply with this Act's requirements. Directs the Assistant Secretary who heads the Office of Civil Rights to: (1) establish the complaint procedure and publish it on the Department's website; (2) investigate each complaint to determine if the LEA complied with this Act's requirements; (3) withhold ESEA funds from, issue a complaint against, or enter into a compliance agreement with a noncompliant LEA to bring it into compliance; and (4) make information about each complaint available on the Department's website. Conditions each LEA's receipt of ESEA funds on the LEA: (1) annually certifying to the Secretary of Education in writing that it is in compliance with this Act's requirements, and (2) submitting its four most recent quarterly reports on bullying.

BRAVE Act

SECTION 1. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES. Title I of the Indian Health Care Improvement Act (25 U.S.C. 1611 et seq.) is amended by adding at the end the following new section: ``SEC. 125. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES. ``(a) In General.--The Secretary shall pay a technical medical employee of the Service for such time as the technical medical employee is officially scheduled to be on call outside such technical medical employee's regular hours or on a holiday designated by Federal statute or Executive order for such time as the technical medical employee may be called back to work at a rate that is equal to 10 percent of the amount that is equal to one and \1/2\ times such technical medical employee's hourly rate of basic pay. ``(b) Technical Medical Employee.--For the purposes of this section, the term `technical medical employee' includes the following: ``(1) Medical technician.--An employee whose position is in the GS-0645 occupational series. Such a position may involve nonprofessional technical work in clinical (medical) laboratories such as performing tests and examinations in one or more areas of work (such as chemistry, blood banking, hematology, or microbiology) where the reports of findings of tests and examinations may be used by physicians in diagnosis, care and treatment of patients, or in support of medical research. The work may require a practical knowledge of the techniques of medical laboratory practice in one or more areas of clinical laboratory work (e.g., blood banking, chemistry, hematology, microbiology, and cytology) and of the chemistry, biology, and anatomy involved. ``(2) Medical technologist.--An employee whose position is in the GS-0644 occupational series. Such a position may involve one or more of the following: ``(A) Technical work subordinate to the work of pathologists or other physicians (or other professional employee) who make the final diagnostic examinations of specimens of human tissues or cell preparations). ``(B) Technician work in histopathology involving preparation of thin sections of tissue specimens including fixing, clear, infiltrating, embedding, sectioning, staining, and mounting. ``(C) Technician work in cytology involving preparation, staining, and examining microscopically specimens of body fluids, secretions, and exudiations from any part of the body to determine whether cellar structure is normal, atypical, or abnormal. ``(D) Work requiring a practical knowledge of the techniques of anatomical laboratory practice in one or both of the areas of laboratory work (i.e. histopathology and cytology) and of the chemistry, biology, and anatomy involved. ``(3) Diagnostic radiologic technologist or technician.--An employee whose position is in the GS-0647 occupational series. Such a position may involve one or more of the following: ``(A) Performing most routine diagnostic radiographic procedures under general supervision and gains experience in the performance of more difficult techniques and procedures by assisting higher grade technologists. ``(B) Operating radiographic equipment to produce x-ray films of chest, joints, feet, hands, long bones of arms and legs, and other routine views of other parts of the body. ``(C) Working with outpatients or ambulatory patients, positions patients, and sets technical factors in accordance with standardized procedures and techniques. ``(D) Performing a variety of difficult radiographic examinations. ``(E) Receiving patients, explaining method of procedure, positions patient, selecting and setting technical factors, setting up and adjusting accessory equipment required, and making exposures necessary for the requested procedure. ``(c) Modifications.--The Secretary shall carry out the intent of this section so that it applies to-- ``(1) subsequent or additional occupational series designations or redesignations; and ``(2) modified or additional employee descriptions as such modifications or additions are necessary to correspond with technological advancements. ``(d) Exception for Rate of On-Call Pay.--An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to section 5545 of title 5 on May 20, 1988, shall, as long as such employee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of-- ``(1) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or ``(2) the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a).''.

Amends the Indian Health Care Improvement Act to provide for certain technical medical employees of the Indian Health Service to be paid for such time as they are officially scheduled to be on call outside their regular hours or on a holiday for such time as they may be called back to work.

To amend the Indian Health Care Improvement Act to require that certain technical medical employees of the Indian Health Service be compensated for time during which they are required to be on-call.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission to Study the Culture and Glorification of Violence in America Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Presidential Commission to Study the Culture and Glorification of Violence in America (hereinafter the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the role of the media in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions, and recommend potential solutions (including recommendations for legislation and administrative action) to alleviate the problems of glorification of violence in the United States. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 22 members (hereinafter the ``members'') who shall be appointed as follows: (1) 10 members appointed by the President. (2) 3 members appointed by the majority leader of the House of Representatives. (3) 3 members appointed by the minority leader of the House of Representatives. (4) 3 members appointed by the majority leader of the Senate. (5) 3 members appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall have special knowledge of or experience in the issue of violence in America, and may include sociologists, psychologists, clergy, school counselors, law enforcement officials, victims of violence, and representatives from the media and the entertainment and gun industries. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (g) Quorum.--Nine members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect one member to act as the Chairperson of the Commission (hereinafter the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 5. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission 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 such title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under subsection (c) or (e). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than one year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriations Acts.

Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Directs the Commission to: (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the media's role in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions and recommend potential solutions to alleviate the problems of glorification of violence in the United States.

Presidential Commission to Study the Culture and Glorification of Violence in America Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to establish a 4-year pilot program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations derived from Federal law; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) expand the services delivered by the Small Business Development Centers under section 21(c)(3)(H) of the Small Business Act to improve access to programs to assist small business concerns with regulatory compliance. SEC. 3. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. (a) Definitions.--In this section, the following definitions shall apply: (1) Administration.--The term ``Administration'' means the Small Business Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers. (3) Association.--The term ``association'' means the association established pursuant to section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of Small Business Development Centers. (4) Participating small business development center.--The term ``participating Small Business Development Center'' means a Small Business Development Center participating in the pilot program established under this Act. (5) Regulatory compliance assistance.--The term ``regulatory compliance assistance'' means assistance provided by a Small Business Development Center to a small business concern to assist and facilitate the concern in complying with Federal and State regulatory requirements derived from Federal law. (6) Small business development center.--The term ``Small Business Development Center'' means a Small Business Development Center described in section 21 of the Small Business Act (15 U.S.C. 648). (7) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) Authority.--In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers. (c) Small Business Development Centers.-- (1) In general.--In carrying out the pilot program established under this section, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such Centers shall-- (A) provide access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990 (42 U.S.C. 7661f); (B) conduct training and educational activities; (C) offer confidential, free-of-charge, one-on-one, in-depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations derived from Federal law, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; (D) provide technical assistance; (E) give referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and (F) form partnerships with Federal compliance programs. (2) Reports.--Each participating Small Business Development Center shall transmit to the Administrator and the Chief Counsel for Advocacy of the Small Business Administration, as the Administrator may direct, a quarterly report that includes-- (A) a summary of the regulatory compliance assistance provided by the Center under the pilot program; (B) the number of small business concerns assisted under the pilot program; and (C) for every fourth report, any regulatory compliance information based on Federal law that a Federal or State agency has provided to the Center during the preceding year and requested that it be disseminated to small business concerns. (d) Eligibility.--A Small Business Development Center shall be eligible to receive assistance under the pilot program established under this section only if such Center is certified under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)). (e) Selection of Participating State Programs.-- (1) Groupings.-- (A) Consultation.--In consultation with the association, and giving substantial weight to the recommendations of the association, the Administrator shall select the Small Business Development Center Programs of 2 States from each of the groups of States described in subparagraphs (B) through (K) to participate in the pilot program established under this section. (B) Group 1.--Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. (C) Group 2.--Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands. (D) Group 3.--Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. (E) Group 4.--Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. (F) Group 5.--Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. (G) Group 6.--Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. (H) Group 7.--Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas. (I) Group 8.--Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. (J) Group 9.--Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona. (K) Group 10.--Group 10 shall consist of Washington, Alaska, Idaho, and Oregon. (2) Deadline for selection.--The Administrator shall make selections under this subsection not later than 60 days after the date of publication of final regulations under section 4. (f) Matching Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program established under this section. (g) Grant Amounts.--Each State program selected to receive a grant under subsection (e) shall be eligible to receive a grant in an amount equal to-- (1) not less than $150,000 per fiscal year; and (2) not more than $300,000 per fiscal year. (h) Evaluation and Report.--The Comptroller General of the United States shall-- (1) not later than 30 months after the date of disbursement of the first grant under the pilot program established under this section, initiate an evaluation of the pilot program; and (2) not later than 6 months after the date of the initiation of the evaluation under paragraph (1), transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, a report containing-- (A) the results of the evaluation; and (B) any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all Small Business Development Centers. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and (B) $5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A). (2) Limitation on use of other funds.--The Administrator may carry out the pilot program established under this section only with amounts appropriated in advance specifically to carry out this section. (j) Termination.--The Small Business Regulatory Assistance Pilot Program established under this section shall terminate 4 years after the date of disbursement of the first grant under the pilot program. SEC. 4. RULEMAKING. After providing notice and an opportunity for comment, and after consulting with the association (but not later than 180 days after the date of enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the pilot program established under this Act; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the association under the pilot program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the pilot program.

National Small Business Regulatory Assistance Act of 2005 - Directs the Administrator of the Small Business Administration (SBA) to establish a pilot program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers). Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal regulations; (4) technical assistance; and (5) partnerships with Federal compliance programs. Requires the Administrator, giving substantial weight to the recommendations of the majority of the Centers, to select the Center programs of two States from each of ten groups of States for participation in the pilot program. Provides grant limits. Terminates the pilot program four years after disbursement of the first grant.

A bill to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns, and for other purposes

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995''. SEC. 2. ADMINISTRATION OF FICO ASSESSMENTS BY FDIC. Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441(f)(2)) is amended by striking ``the Financing Corporation, with the approval of the Board of Directors of the Federal Deposit Insurance Corporation'' and inserting ``the Board of Directors of the Federal Deposit Insurance Corporation, after consultation with the Financing Corporation,''. SEC. 3. AVAILABILITY OF RTC FUNDS FOR DEPOSIT INSURANCE PURPOSES. Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) by adding at the end the following new paragraph: ``(9) Availability of rtc funding.-- ``(A) In general.--The Secretary of the Treasury shall provide, out of funds appropriated to the Resolution Trust Corporation under section 21A(i)(3) of the Federal Home Loan Bank Act and not needed by the Resolution Trust Corporation, to the Corporation, at the request of the Board of Directors, such amounts as the Board of Directors requests for any of the following purposes: ``(i) To cover the interest payments, issuance costs, and custodial fees on obligations issued by the Financing Corporation. ``(ii) To make deposits in the Savings Association Insurance Fund of such amounts as may be needed to carry out the purposes of this Act. ``(iii) To satisfy claims against the Federal Government arising from changes in the statutory treatment of supervisory goodwill (on the books of the Corporation as of the date of the enactment of Financial Institutions Reform, Recovery, and Enforcement Act of 1989) pursuant to section 5(t) of the Home Owners' Loan Act. ``(B) Return to treasury.--If the aggregate amount of funds transferred to the Corporation under subparagraph (A) exceeds the amount necessary to carry out the purposes of such subparagraph, such excess amounts shall be deposited in the general fund of the Treasury.''. SEC. 4. LIMITED FDIC AUTHORITY TO TEMPORARILY TRANSFER FUNDS BETWEEN THE BIF AND SAIF. Section 11(a)(4) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended by adding at the end the following new subparagraph: ``(C) Transfer of funds.--Notwithstanding subparagraph (A), the Corporation may transfer, for such period of time and under such conditions as the Corporation determines to be appropriate, an amount not to exceed the amount equal to .03 percent of the assessment base of any deposit insurance fund from such fund to another deposit insurance fund to the extent necessary to achieve or maintain the designated reserve ratio of the fund to which such assets are transferred.''. SEC. 5. 1-TIME SPECIAL SAIF CAPITALIZATION ASSESSMENT. Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by adding at the end the following new paragraph: ``(8) Special 1-time assessment to recapitalize saif.-- ``(A) In general.--The Corporation may, in the discretion of the Board of Directors, impose a special assessment on each Savings Association Insurance Fund member in an amount not greater than 0.40 percent of the assessment base, as of January 1, 1995, on which assessments are imposed under the risk-based assessment system established pursuant to paragraph (1). ``(B) Deposit of assessment in saif.--The proceeds of any assessment imposed under subparagraph (A) shall be deposited in the Savings Association Insurance Fund. ``(C) Imposition over period of years.--The assessment authorized under subparagraph (A) may be imposed incrementally over such period of years as the Board of Directors may determine to be appropriate, except the larger percentage of any such incremental assessment shall be allocated to the first year of the effective period for such assessment. ``(D) Abatement for troubled institutions.--The Board of Directors may abate any portion of any assessment under this paragraph in the case of any undercapitalized institution or any institution which would become undercapitalized as a result of the imposition of such assessment.''. SEC. 6. ESTABLISHMENT OF DESIGNATED RESERVE RATIO AS A FLOOR RATHER THAN A TARGET. (a) Section 7(b)(2)(A)(iv) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(iv)) is amended to read as follows: ``(iv) Establishment of designated reserve ratio.--The Board of Directors shall establish the designated reserve ratio for each insurance fund in accordance with the following: ``(I) The designated reserve ratio of any insurance fund shall be not less than 1.25 percent of the estimated insured deposits of members of such fund. ``(II) The ratio of any insurance fund shall be established at an amount which the Board of Directors determines will provide for an appropriate amount of reserves against losses which may reasonably be expected to be incurred by the fund without resulting in an excessive buildup in the fund.''. (b) Reduction in Assessment Rate if Designated Reserve Ratio Is Met.--Section 7(b)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)) is amended by adding at the end the following new clause: ``(v) Clarification of authority to reduce assessments amounts.--The authority of the Board of Directors to set semiannual assessments to maintain the reserve ratio of any insurance fund at the designated reserve ratio includes the authority to reduce such assessments by any appropriate amount if the reserve ratio of such fund is equal to or greater than the minimum designated reserve ratio of such fund.''. SEC. 7. CLARIFICATION ON USE OF INSURANCE FUND ASSESSMENTS. Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by adding at the end the following new paragraph: ``(8) Use of insurance assessments.--Amounts received by the Corporation pursuant to assessments on insured depository institution under this subsection shall be used primarily for insurance fund purposes and shall not be unduly diverted to other uses.''. SEC. 8. CLARIFICATION THAT CERTAIN INSTITUTIONS INSURED BY THE SAIF ARE SUBJECT TO FICO ASSESSMENTS. Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441(f)(2)) is amended by inserting after ``Savings Association Insurance Fund member'' the following: ``, including any Savings Association Insurance Fund member referred to in section 5(d)(2)(G) of the Federal Deposit Insurance Act and, in the case of any Bank Insurance Fund member which has deposits which are treated (under section 5(d)(3) of such Act) as deposits which are insured by the Savings Association Insurance Fund, the adjusted attributable deposit amount with respect to such member as determined under subparagraph (C) of section 5(e)(3) of such Act for purposes of subparagraph (B)(i) of such section,''. SEC. 9. REPEAL OF MINIMUM SAIF ASSESSMENT RULE. Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by striking subparagraph (E).

Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995 - Amends the Federal Home Loan Bank Act (FHLBA) to require the Board of Directors of the Federal Deposit Insurance Corporation (FDIC), after consultation with the Financing Corporation (FICO), (currently, FICO, with FDIC Board approval) to place a prescribed assessment against each Savings Association Insurance Fund (SAIF) member in order to cover interest payments, issuance costs, and custodial fees of certain FICO obligations. Amends the Federal Deposit Insurance Act (FDIA) to direct the Secretary of the Treasury to provide to the FDIC, upon its request, certain funds not needed by the Resolution Trust Corporation (RTC), in order to cover the same FICO costs. Authorizes the FDIC to transfer, for an appropriate period of time, up to a certain percentage of a fund's assessment base between the Bank Insurance Fund (BIF) and the SAIF as necessary to achieve or maintain the designated reserve ratio of the transferee fund. Amends the FDIA to authorize the FDIC to impose a one-time special SAIF capitalization assessment. Reformulates the designated reserve ratio for each deposit insurance fund to establish a minimum instead of a target amount. Empowers the FDIC Board of Directors to reduce semiannual assessments if an insurance fund's reserve ratio is equal to or greater than its minimum designated reserve ratio. Mandates that insurance assessments be used primarily for insurance fund purposes and not be unduly diverted to other uses. Amends the FHLBA to include within FICO assessment authority specified SAIF members as well as BIF members whose deposits are treated as insured by the SAIF. Amends the FDIA to repeal the minimum assessment requirements for any insured deposit insurance fund (including the SAIF).

Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Resources Enhancement and Restoration Act of 2000''. SEC. 2. NATIONAL SCIENCE FOUNDATION RESEARCH GRANTS FOR COASTAL ENGINEERING AND SHORELINE PROTECTION. Section 3 of the National Science Foundation Act of 1950 (42 U.S.C. 1862) is amended by adding at the end the following: ``(h) Beginning in fiscal year 2001, not less than 10 percent of the amounts appropriated for a fiscal year for making grants for engineering research under subsection (a)(1) shall be used by the Foundation for making grants for coastal engineering and coastline protection research.''. SEC. 3. SUPPLEMENTAL ENVIRONMENTAL PROGRAMS IN COASTAL AREAS. Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended by adding at the end the following: ``(c) Artificial Reefs and Aquatic Habitat Restoration Projects.--A department, agency, or instrumentality of the Federal Government that is found to have violated this Act in connection with the discharge or runoff of pollutants into coastal waters of the United States and that, as a result of the violation, is ordered to undertake a supplemental environmental program in lieu of paying fines shall be given the option of constructing artificial reefs and undertaking aquatic habitat restoration projects.''. SEC. 4. ACCESS TO PUBLICLY OWNED SHORES. (a) Eligibility of Shoreline Protection Projects.--Subsection (d) of the first section of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426d), is amended by adding at the end the following: ``In making determinations under this subsection, the Secretary shall consider a publicly owned shore with insufficient public access (as determined in accordance with rules issued by the Secretary) to be a privately owned shore.''. (b) Cost Sharing.--Section 103(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)) is amended by adding at the end the following: ``(3) Privately owned shores defined.--In this subsection, the term `privately owned shores' includes a publicly owned shore with insufficient public access, as determined in accordance with rules issued by the Secretary.''. (c) Rules.--The Secretary of the Army shall issue rules to carry out the amendments made by this subsection. In issuing such rules, the Secretary shall seek to ensure public access to every one-half mile of publicly owned shore for which assistance is provided by the Secretary. The Secretary may allow for exceptions to such access requirements in cases of shores located in areas of extreme environmental sensitivity. SEC. 5. BEACH NOURISHMENT ACCOUNT. (a) Establishment.--There is established in the Treasury a separate account to be known as the Beach Nourishment Account (in this section referred to as the ``account''), which shall consist of such funds as may be deposited or credited to the account under this section. (b) Source of Funds for Account.--For fiscal year 2001 and each fiscal year thereafter, the Secretary of the Treasury shall periodically transfer to the account amounts equivalent to 2 percent of the funds deposited in the general fund of the Treasury under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). (c) Use of Account.--Funds in the account shall be available without further appropriation-- (1) in the amounts specified in section 6, to the Secretary of Commerce and the Administrator of the National Aeronautics and Space Administration to carry out the pilot program authorized by section 6; and (2) in the amounts remaining after funds are made available under paragraph (1), to the Secretary of the Army to carry out projects for beach nourishment, shore protection, and beach erosion control; Funds in the account shall remain available until expended. (d) Applicability of Requirements.--The Secretary of the Army shall carry out beach nourishment, shore protection, and beach erosion control projects using amounts in the account in accordance with the cost-sharing requirements under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) and other requirements applicable to such projects. (e) Reporting of Transactions.--Receipts, obligations, and expenditures of funds in the account shall be reported in annual estimates submitted to Congress by the Secretary of the Army. (f) Investment.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the account established by subsection (a) as is not, in the judgment of the Secretary, required to meet current withdrawals. Such investments may be made only in interest- bearing obligations of the United States. For such purpose, such obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (2) Sale of obligations.--Any obligation acquired by the account may be sold at the market price. (3) Interest on certain proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the account shall be credited to and form part of the account. SEC. 6. COMPREHENSIVE OCEAN OBSERVING SYSTEM PILOT PROGRAM. (a) In General.--The Secretary of Commerce (acting through the Under Secretary for Oceans and Atmosphere) and the Administrator of the National Aeronautics and Space Administration shall jointly carry out a pilot program to institute the mission of the Global Ocean Observing System in the United States by establishing a comprehensive monitoring network of ocean conditions. (b) Partnerships.--In carrying out the pilot program, the Secretary and the Administrator shall enter into partnerships with local and regional interests to monitor and collect the widest range of data possible about the coastal oceans and inland waterways in order to make such information available to interested persons in real time or near real time. (c) Information To Be Collected.--Information collected under the pilot program shall include the following: (1) Wave heights, periods, swell direction and water temperature. (2) Coastal currents and their directions. (3) Large mammal movement via implanted sensors. (4) Sewage outfall movement. (5) Water quality, such as bacteria counts, sediment movement, and red tides. (6) Beaconed fishing boat tracking (for tracking illegal foreign whalers). (7) Oil spill tracking. (8) Beach erosion data. (9) Weather. (10) River mouth outflow sediment observation. (11) Global Information System coastal mapping. (d) Federal Cooperation.--The Secretary and the Administrator shall carry out the pilot project in cooperation with the Geological Survey, the Navy, and the Environmental Protection Agency. (e) Regional Test Projects.--In carrying out the pilot program, the Secretary and the Administrator shall establish 2 regional test projects. One of the test projects shall be located at the Southern California Bight from Encinitas, Mexico, to Point Dume, California, with Orange County, California, serving as the focal point. The second test project shall be carried out at a location to be determined by the Secretary and the Administrator. (f) Coordination of Existing Efforts.--In carrying out the pilot program, the Secretary and the Administrator shall not replace or duplicate existing efforts of Federal, State, and local entities in monitoring ocean conditions, but shall seek to coordinate such efforts and to obtain information that is not currently collected. (g) Authorization of Appropriations.-- (1) In general.--There shall be available from the Beach Nourishment Account established by section 5 $4,000,000 for each of fiscal years 2001 through 2006 to carry out this section. (2) Allocation.--Of the amounts made available under paragraph (1), $2,000,000 per fiscal year shall be available for carrying out each of the 2 regional test projects referred to in subsection (e).

Amends the Federal Water Pollution Control Act to direct a Federal agency found to have violated the Act in connection with the discharge or runoff of pollutants into U.S. coastal waters and ordered to undertake a supplemental environmental program in lieu of paying fines to be given the option of constructing artificial reefs and undertaking aquatic habitat restoration projects. Requires the Secretary of the Army, in determining which shores other than public will be eligible for Federal assistance for shore protection, to consider a publicly owned shore with insufficient public access to be a privately owned shore. Amends the Water Resources Development Act of 1986 to allow a publicly owned shore with insufficient public access to be considered a privately owned shore for purposes of costs of constructing projects or measures for beach erosion control and water quality enhancement assigned to projects for flood control and other water resources purposes. Directs the Secretary of Commerce and the Administrator of the National Aeronautics and Space Administration to carry out a comprehensive ocean observing system pilot program. Requires the establishment of two regional test projects, one of which shall be located at the Southern California Bight from Encinitas, Mexico, to Point Dume, California, with Orange County, California, serving as the focal point. Establishes a beach nourishment account in the Treasury to carry out: (1) such pilot program; and (2) projects for beach nourishment, shore protection, and beach erosion control.

Coastal Resources Enhancement and Restoration Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Courts Bail Reform Act''. SEC. 2. CONDITIONS ON DETENTION OF ALIENS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) in subsection (a)(2), by amending subparagraph (A) to read as follows: ``(A) bond containing conditions prescribed by the Secretary of Homeland Security; or''; (2) in subsection (c), by adding at the end the following: ``(3) Review of Initial Custody Determination.--An immigration judge may review the initial custody determination under this subsection to the extent permitted under subsection (f).''; and (3) by adding at the end the following: ``(f) Procedures for Custody Hearings.--For any alien taken into custody under any provision of this Act, with the exception of children being transferred to, or in, the custody of the Office of Refugee Resettlement of the Department of Health and Human Services, the following rules shall apply: ``(1) The Secretary of Homeland Security shall, without unnecessary delay and not later than 72 hours after the alien is taken into custody, file the Notice to Appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended, and serve such notice on the alien. ``(2) The Secretary shall immediately determine whether the alien shall remain in custody or be released and, without unnecessary delay and not later than 72 hours after the alien was taken into custody, serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond, if any. Except for aliens who the Secretary has determined are subject to subsection (c) or certified under section 236A, the Secretary may continue to detain the alien only if the Secretary determines by clear and convincing evidence that no conditions reasonably will assure the appearance of the alien as required and the safety of any other person and the community. ``(3) The Attorney General shall ensure the alien has the opportunity to appear before an immigration judge for a custody redetermination hearing promptly after personal service of the Secretary's custody decision. The immigration judge may, on the Secretary's motion and upon a showing of good cause, postpone a custody redetermination hearing for not more than 72 hours after personal service of the custody decision, except that in no case shall the hearing occur more than 6 days (including weekends and holidays) after the alien was taken into custody. ``(4) The immigration judge shall advise the alien of the right to postpone the custody redetermination hearing and shall, on the oral or written request of the individual, postpone the custody determination hearing for a period of not more than 14 days. ``(5) Except for aliens who the immigration judge has determined are subject to subsection (c) or certified under section 236A, the immigration judge shall review the custody determination de novo and may continue to detain the alien only if the Secretary demonstrates by clear and convincing evidence that no conditions reasonably will assure the appearance of the alien as required and the safety of any other person and the community. ``(6)(A) In making a custody determination, both the Secretary and the immigration judge shall order the release of the alien on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, unless the Secretary or the immigration judge determines that such release will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community. ``(B) If the Secretary or immigration judge determines that release under subparagraph (A) will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary or the immigration judge shall order the release of the alien subject to the least restrictive further condition, or combination of conditions, that the Secretary or immigration judge determines will reasonably assure the appearance of the alien as required and the safety of any other person and the community. Such conditions may include those specified under section 3142(c)(1)(B) of title 18, United States Code. ``(C) In determining whether to impose a bond as a condition of release, the Secretary or immigration judge shall consider the alien's financial ability to pay a bond and whether alternative conditions of supervision, alone or in combination with a lower bond amount, deposit bond, or property bond, will reasonably assure the appearance of the alien as required and the safety of any other person and the community. The Secretary or immigration judge may not impose a financial condition that results in the detention of the alien. ``(D) For aliens who the immigration judge has determined are subject to subsection (c), the immigration judge may review the custody determination, and consider alternatives to detention which maintain custody over the alien, if the immigration judge agrees the alien is not a danger to the community. ``(7) In the case of any alien remaining in custody after a custody determination, the Attorney General shall provide de novo custody redetermination hearings pursuant to paragraph (6) before an immigration judge every 90 days as long as the alien remains in custody. An alien may also obtain a de novo custody redetermination hearing at any time upon a showing of good cause. Good cause includes a showing that the alien has been unable to post the bond amount after having made good faith efforts to do so. ``(8) The Secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody.''.

Immigration Courts Bail Reform Act This bill amends the Immigration and Nationality Act to eliminate the minimum bond amount needed to release a detained alien. An immigration judge may review an initial custody determination for an adult alien, subject to specified rules, which include the following: the Department of Homeland Security (DHS) shall, within 72 hours, file the notice to appear or charging document with the appropriate immigration court and serve such notice on the detained alien; except for criminals or suspected terrorists, DHS may continue to detain an alien only if no conditions will reasonably assure the alien's appearance and the safety of any other person and the community; the Department of Justice shall ensure that an alien has the opportunity to promptly appear before an immigration judge for a custody redetermination hearing; except for criminals or suspected terrorists, an immigration judge shall review the custody determination de novo and may continue to detain the alien only if DHS demonstrates that no conditions will reasonably assure the alien's appearance and the community's safety; DHS and an immigration judge shall order an alien's release on personal recognizance or upon an unsecured appearance bond unless such release will not reasonably assure the alien's appearance or the community's safety; if DHS or an immigration judge determines that such release will not reasonably assure the alien's appearance or such safety, DHS or the immigration judge shall order the alien's release under the least restrictive conditions that will assure the alien's appearance and the community's safety; DHS or an immigration judge shall consider the alien's financial ability in determining whether to impose a bond as a condition of release; and DHS or an immigration judge may not impose a financial condition that results in an alien's detention.

Immigration Courts Bail Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cyber Security Leadership Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Federal agencies rely on networked computer systems to deliver critical services and information to the American people, including operations related to national defense, emergency services, tax collection, and the payment of benefits. (2) There has been an astonishing increase in cyber threats to government and industry in recent years. The number of cyber attacks on Federal Government systems in 2001 was 71 percent greater than the number of such attacks on such systems in 2000. (3) Cyber attacks can cause irreparable harm in network systems, including the loss or dissemination of sensitive and important data. Cyber attacks can also reduce the confidence of the American people in the integrity and security of the Internet. (4) There is mounting evidence to suggest that terrorists view the Internet as a tool to achieve their goals. Government investigators found that al Qaeda operatives browsed Internet sites that offered software describing the digital switches that control power, water, transport, and communications grids. (5) The Bush Administration has recognized in its draft National Strategy to Secure Cyberspace ``the pressing need to make federal cyberspace security a model for the nation''. (6) All but a few Federal agencies continue to receive failing grades for their cyber security programs. (7) Federal agencies must take significant steps to better protect themselves against cyber attacks, including-- (A) identifying significant vulnerabilities in their computer networks and the tools needed to detect such vulnerabilities; (B) monitoring for new vulnerabilities in their computer networks, and assessing risks of cyber attacks; (C) testing computers against identified vulnerabilities; and (D) ensuring that computers and networks are adequately protected against such vulnerabilities. SEC. 3. DEFINITIONS. In this Act: (1) Chief information officer.--The term ``Chief Information Officer'', with respect to an agency, means the official designated as the Chief Information Officer of the agency pursuant to section 3506(a)(2) of title 44, United States Code. (2) Vulnerability.--The term ``vulnerability'', in the case of information technology, means an error or defect in coding, configuration, or installation of such information technology that increases its susceptibility to a cyber threat. (3) Other definitions.--Except as otherwise provided in this section, any term used in this Act which is defined in section 3502 of title 44, United States Code, shall have the meaning given that term in such section 3502. SEC. 4. ELIMINATION OF SIGNIFICANT VULNERABILITIES OF FEDERAL GOVERNMENT INFORMATION TECHNOLOGY. (a) In General.--The Chief Information Officer of each agency shall-- (1) identify the significant vulnerabilities of the information technology of such agency, including-- (A) vulnerabilities of such classes of information technology of such agency as the Chief Information Officer shall designate for purposes of this section; and (B) vulnerabilities of the information technology of such agency as a whole; (2) establish performance goals for eliminating the significant vulnerabilities of the information technology of such agency identified under paragraph (1), with such performance goals-- (A) to be established utilizing the current state of the information technology of such agency as a baseline; (B) to be stated both for particular classes of information technology of such agency (as determined under paragraph (1)(A)) and for the information technology of such agency as a whole; and (C) to be expressed as target ratios of vulnerabilities per information technology; (3) procure or develop tools to identify and eliminate the vulnerabilities identified under paragraph (1) in order to achieve the performance goals established under paragraph (2); (4) train personnel of such agency in the utilization of tools procured or developed under paragraph (3); (5) not less often than once each quarter, test the information technology of such agency to determine the extent of the compliance of the information technology with the performance goals established under paragraph (3); and (6) to the extent that the information technology of such agency does not comply with the performance goals established under paragraph (3), promptly develop and implement a plan to eliminate significant vulnerabilities in the information technology in order to achieve compliance with such performance goals. (b) Annual Report on Activities.-- (1) Requirement.--The Chief Information Officer of each agency shall include information on its activities under subsection (a) in each annual report submitted to the Director of the Office of Management and Budget under section 3545(e) of title 44, United States Code (as amended by section 301(b) of the Federal Information Security Management Act of 2002 (title III of Public Law 107-347)). (2) Form.--The form of information submitted under paragraph (1) shall be specified by the Director of the Office of Management and Budget. (c) Governmentwide Standards.-- (1) Review by nist.--The Director of the Office of Management and Budget shall ensure the review by the Director of the National Institute of Standards and Technology of the annual reports submitted under subsection (b) in the first year after the date of the enactment of this Act. (2) Guidelines.--Not later than 180 days after receiving annual reports for review under paragraph (1), the Director of the National Institute of Standards and Technology shall develop and make available to the Chief Information Officers of the agencies governmentwide guidelines for use in complying with subsection (a). The guidelines shall-- (A) identify vulnerabilities of information technology common to the agencies; and (B) describe means of eliminating such vulnerabilities, including the use of checklists pursuant to section 8(c) of the Cyber Security Research and Development Act (Public Law 107-305). (3) Mandatory use.-- (A) Designation of vulnerabilities.--The Director of the National Institute of Standards and Technology shall designate as a result of the review under paragraph (1) any significant vulnerabilities of information technology of such broad applicability and severity so as to warrant the mandatory use of the guidelines developed under paragraph (2) with respect to such vulnerabilities. (B) Mandatory use.--The Secretary of Commerce shall, using the authority available to the Secretary under section 11331(b) of title 40, United States Code, mandate the use by the agencies of guidelines developed under paragraph (2) with respect to vulnerabilities designated under subparagraph (A). (C) Use and exception.--Each agency shall use a standard mandated under subparagraph (B) unless the Chief Information Officer of such agency determines, with the concurrence of the Director of the National Institute of Standards and Technology, that the use of such guideline by such agency would not increase the security of the information technology covered by such standard. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out the provisions of this Act amounts as follows: (1) For the Department of Commerce for the National Institute of Standards and Technology, $1,000,000 for fiscal year 2004 to develop the guidelines required by section 4(c). (2) For each agency, such sums as may be necessary for such agency for fiscal years 2004 through 2008 to carry out the provisions of this Act. (b) Availability.--The amount authorized to be appropriated by subsection (a)(1) shall remain available until expended. SEC. 6. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act.

National Cyber Security Leadership Act of 2003 - Requires the Chief Information Officer of each Federal agency to: (1) identify the significant vulnerabilities of the information technology (IT) of such agency; (2) establish performance goals for eliminating such vulnerabilities; (3) procure or develop tools to identify and eliminate those vulnerabilities in order to achieve such performance goals; (4) train personnel in the utilization of those tools; (5) test the agency's IT to determine the extent of its compliance with the performance goals; and (6) develop and implement a plan to eliminate significant vulnerabilities in order to achieve compliance.Requires: (1) each Officer to include information on the agency's activities under this Act in annual reports on the agency's information security program and practices submitted to the Director of the Office of Management and Budget (OMB); and (2) the OMB Director to ensure the review of such reports by the Director of the National Institute of Standards and Technology (NIST); (3) the NIST Director to designate, as the result of such review, any significant IT vulnerabilities of such broad applicability and severity so as to warrant the use of government-wide guidelines the Director shall develop and make available to such Officers for complying with this Act; and (4) the Secretary of Commerce to mandate agency use of such guidelines.

A bill to provide for the elimination of significant vulnerabilities in the information technology of the Federal Government, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Right Prescription for Seniors Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of medicare operated plan option. Sec. 3. Negotiating fair prices for medicare prescription drugs. Sec. 4. Importation of prescription drugs. Sec. 5. Limitation on prescription drug benefits of Members of Congress. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PLAN OPTION. (a) In General.--Section 1860D-11(g) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended to read as follows: ``(g) Medicare Operated Plan Option.-- ``(1) In general.--Separate from the bidding process under subsection (b), the Secretary shall provide for the offering in each PDP region of a medicare operated plan option (as defined in paragraph (4)) and shall enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs for eligible part D individuals in accordance with paragraph (2). ``(2) Negotiations.--The Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of 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. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(3) Medicare operated plan option.--For purposes of this part, the term `medicare operated plan option' means a prescription drug plan that offers coverage similar to the standard prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A) and does not include any supplemental prescription drug coverage, except that such plan shall provide continuous coverage and shall not have a coverage gap. ``(4) Monthly beneficiary premium.-- ``(A) In general.--Except as provided in section 1860D-13(b) (relating to late enrollment penalty) and subject to section 1860D-14 (relating to low-income assistance), the monthly beneficiary premium to be charged under the medicare operated plan option shall be-- ``(i) for months in 2006, $35; and ``(ii) for months in a subsequent year, the lesser of-- ``(I) the amount determined under this paragraph for months in the previous year, increased by the annual percentage increase described in subparagraph (B) for the year involved; or ``(II) in the case of months in years prior to 2014, the specified amount (as defined in subparagraph (C)). ``(B) Annual percentage increase.--The annual percentage increase specified in this paragraph for a year is equal to the annual percentage increase in average per capita aggregate expenditures for covered drugs in the United States for beneficiaries under this title, as determined by the Administrator for the 12- month period ending in July of the previous year. ``(C) Specified amount.--For purposes of the paragraph, the term `specified amount' means-- ``(i) for months in 2007, $37; ``(ii) for months in 2008, $40; ``(iii) for months in 2009, $43; ``(iv) for months in 2010, $46; ``(v) for months in 2011, $51; ``(vi) for months in 2012, $54; and ``(vii) for months in 2013, $59. ``(5) No affect on access requirements.--The medicare operated plan option shall be in addition to the plans required under subsection (d)(1)''. (b) Conforming Amendments.-- (1) Section 1860D-3 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is repealed. (2) Section 1860D-11(f) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108- 173), is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) Conditions for approval of limited risk plans.-- ``(A) In general.--The Secretary may only approve a limited risk plan (as defined in paragraph (4)(A)) for a PDP region if the access requirements under subparagraph (B) would not be met for the region but for the approval of such a plan. ``(B) Ensuring access to a choice of coverage.-- ``(i) Choice of at least two plans in each area.--The Secretary shall ensure that each part D eligible individual has available, consistent with clause (ii), a choice of enrollment in at least 2 qualifying plans (as defined in clause (iii)) in the area in which the individual resides, at least one of which is a prescription drug plan. ``(ii) Requirement for different plan sponsors.--The requirement in clause (i) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. ``(iii) Qualifying plan defined.--For purposes of this section, the term `qualifying plan' means-- ``(I) a prescription drug plan; or ``(II) an MA-PD plan described in section 1851(a)(2)(A)(i) that provides basic prescription drug coverage or qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C).''; (B) in paragraph (2)(A), by striking ``section 1860D-3(a)'' and inserting ``paragraph (1)(B)''; and (C) in subparagraphs (A) and (B) of paragraph (4), by striking ``fallback prescription drug plan'' each place it appears and inserting ``medicare operated plan option''. (3) Section 1860D-11(h) is amended-- (A) in the heading, by striking ``and Fallback Plans''; and (B) by striking the first sentence and inserting the following: ``The Secretary shall submit to Congress an annual report that describes instances in which limited risk plans were offered under subsection (f).''. (4) Section 1860D-12(b) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108- 173), is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (5) Section 1860D-15 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108- 173), is amended by striking subsection (g). (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. Section 1860D-11 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Negotiation of Prices With Manufacturers.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall-- ``(1) have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part; and ``(2) use such authority to negotiate the prices of covered part D drugs furnished to part D eligible individuals under prescription drug plans offered by PDP sponsors under this part.''. SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS. Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of enactment of the Pharmaceutical Market Access Act of 2003, the Secretary''; and (B) by striking ``pharmacists and wholesalers'' and inserting ``pharmacists, wholesalers, and qualifying individuals''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) require that each covered product imported under that subsection complies with sections 501, 502, and 505 and other applicable requirements of this Act; and''; (B) in paragraph (2), by striking ``, including subsection (d); and'' and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting ``by pharmacists and wholesalers (but not qualifying individuals)'' after ``importation of covered products''; (4) in subsection (d)-- (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking ``, including the professional license number of the importer, if any''; (C) in paragraph (6)-- (i) in subparagraph (C), by inserting ``(if required under subsection (e))'' before the period; (ii) in subparagraph (D), by inserting ``(if required under subsection (e))'' before the period; and (iii) in subparagraph (E), by striking ``labeling''; (D) in paragraph (7)-- (i) in subparagraph (A), by inserting ``(if required under subsection (e))'' before the period; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Certification from the importer or manufacturer of the product that the product meets all requirements of this Act.''; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by striking subsection (e) and inserting the following: ``(e) Testing.-- ``(1) In general.--Subject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505B for counterfeit-resistant technologies. ``(2) Exception.--The testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.''; (6) in subsection (f), by striking ``or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health''; (7) in subsection (g)-- (A) by striking ``counterfeit or''; and (B) by striking ``and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a)''; (8) in subsection (i)(1)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Study.-- ``(i) In general.--The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted under subsection (a), including consideration of the information received under subsection (d). ``(ii) Evaluation.--In conducting the study, the Secretary or entity shall-- ``(I) evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments under that subsection, if any, that have been determined to be misbranded or adulterated; and ``(II) determine how that compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.''; and (B) in subparagraph (B), by striking ``Not later than 2 years after the effective date of final regulations under subsection (a),'' and inserting ``Not later than 18 months after the date of enactment of the Pharmaceutical Market Access Act of 2003,''; (9) in subsection (k)(2)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) Qualifying individual.--The term `qualifying individual' means an individual who is not a pharmacist or a wholesaler.''; and (10) by striking subsections (l) and (m). SEC. 5. LIMITATION ON PRESCRIPTION DRUG BENEFITS OF MEMBERS OF CONGRESS. (a) Limitation on Benefits.--Notwithstanding any other provision of law, the actuarial value of the prescription drug benefits of any Member of Congress enrolled in a health benefits plan under chapter 89 of title 5, United States Code, may not exceed the actuarial value of basic prescription drug coverage (as defined in section 1860D-2(a)(3) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173)). (b) Regulations.--The Director of the Office of Personnel Management shall promulgate regulations to carry out this section.

Right Prescription for Seniors Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to ensure that Medicare beneficiaries have access to a Medicare administered prescription drug plan option. Repeals provisions prohibiting the Secretary from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and from requiring a particular formulary or instituting a price structure for the reimbursement of covered part D drugs. Grants the Secretary the authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs. Requires the Secretary to use such authority to negotiate the prices of such drugs under prescription drug plans offered by PDP sponsors. Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products). States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product. Amends provisions regarding the importation of covered products, repealing the mandate that the Secretary require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received. Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to requirements for counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests). Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products (thus making such provisions permanent). Limits prescription drug benefits for Members of Congress.

A bill to amend part D of title XVIII of the Social Security Act to ensure that every medicare beneficiary has access to a medicare administered prescription drug plan option, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping or Subsidy Offset Act of 1997''. SEC. 2. FINDINGS OF CONGRESS. The Congress finds that: (a) Consistent with our WTO rights, injurious dumping is to be condemned and that actionable subsidies which cause injury to domestic industries must be effectively neutralized. (b) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through false market signals. (c) The continued dumping or subsidization of imported product after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (d) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. (e) United States trade laws should be strengthened to see that the remedial purpose is achieved in fact. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Title VII of the Tariff Act of 1930 is amended by adding section 752: ``SEC. 752. CONTINUED DUMPING OR SUBSIDY OFFSET. ``(a) In General.--Whenever continued dumping or subsidization is found to exist by the administering authority under section 751(a) of this Act or by operation of law, any duties assessed shall be distributed to the affected domestic producers for qualifying expenditures on an annual basis. Such disbursement shall be known as the `continued dumping or subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) The term `affected domestic producer' means any manufacturer, producer, or worker representative that was a petitioner or interested party in support of the petition with respect to which an antidumping duty finding or order or countervailing duty order has been entered and remains in operation. Companies or businesses that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) The term `Commissioner' means the Commissioner of the United States Customs Service. ``(3) The term `Commission' means the United States International Trade Commission. ``(4) The term `qualifying expenditure' means expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the following categories: ``(i) plant; ``(ii) equipment; ``(iii) R&D; ``(iv) personnel training; ``(v) acquisition of technology; ``(vi) health care benefits to employees paid for by the employer; ``(vii) pension benefits to employees paid for by the employer; ``(viii) environmental equipment, training and/or technology. ``(c) Disbursement Procedures.--The Commissioner shall prescribe procedures for disbursement of the continued dumping or subsidies offset required by this section provided that disbursement shall occur for monies assessed during one fiscal year of the United States at the latest within sixty days after the beginning of the next fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and/or Countervailing Duties Assessed.-- ``(1) The Commission shall forward to the Commissioner within sixty days of the effective date of this section or within sixty days of the issuance of an antidumping or countervailing duty order after the effective date of this section a list of petitioners and those companies that indicate support of the petition by letter or through questionnaire response. Where no injury test was required or where the Commission's records do not permit an identification of those in support of a petition the Commission shall consult with the Department of Commerce to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by Commerce and sought vigorous enforcement of United States law. ``(2) The Commissioner shall publish in the Federal Register at least thirty days prior to the issuance of payments a notice of intention to distribute duty assessments, the list of companies eligible based on the list obtained from the Commission and shall request a certification from each recipient as to (a) desire to receive distribution, (b) continued eligibility as an affected domestic producer, and (c) the qualifying expenditures incurred since the issuance of the order for which distribution under this section has not previously been made. ``(3) The Commissioner shall distribute all funds (including all interest earned) from assessments received in the completed fiscal year to affected domestic producers based on the affirmative responses to subparagraph (2) on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Within fourteen days of the effective date of this provision for outstanding antidumping orders and findings or for outstanding countervailing duty orders or within fourteen days of the date an antidumping or countervailing duty order takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to that order or finding. ``(2) The Commissioner shall have deposited into the special accounts all antidumping or countervailing duties, including interest on such duties, that are assessed under the antidumping order or finding or the countervailing duty order with respect to which the account was established since the effective date of this section. ``(3) The monies in a special account shall be available for distribution to the extent of actual assessment (including interest). ``(4) Consistent with the requirements of paragraph (c), the Commissioner shall by regulation prescribe the time and manner in which distribution of funds from special accounts will be made. ``(5) The special accounts will remain in existence until all entries relating to an order which has been terminated are liquidated and duties assessed collected and the Commissioner has provided one last notice of opportunity to obtain distribution pursuant to paragraph (c). Amounts unclaimed within 90 days of the time of such final distribution shall be turned over to the general Treasury.'' (b) Effective Date.--The continued antidumping or subsidy offset will apply with regard to all assessments made on or after October 1, 1996, on outstanding antidumping findings or orders or countervailing duty orders.

Continued Dumping or Subsidy Offset Act of 1997 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training and-or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Continued Dumping or Subsidy Offset Act of 1997

SECTION 1. GEOTHERMAL HEAT PUMP TECHNOLOGY ACCELERATION PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) General services administration facility.-- (A) In general.--The term ``General Services Administration facility'' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility), that-- (i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government-- (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) Inclusion.--The term ``General Services Administration facility'' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy- consuming support systems of the buildings, structures, and facilities). (C) Exemption.--The Administrator may exempt from the definition of ``General Services Administration facility'' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)). (b) Establishment.-- (1) In general.--The Administrator shall establish a program to accelerate the use of geothermal heat pumps at General Services Administration facilities. (2) Requirements.--The program established under this subsection shall-- (A) ensure centralized responsibility for the coordination of geothermal heat pump recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified in subsection (c)(2)(B)(ii); and (C) establish methods to track the success of Federal departments and agencies with respect to that goal. (c) Accelerated Use of Geothermal Heat Pump Technologies.-- (1) Review.-- (A) In general.--As part of the program under this section, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of-- (i) current use of geothermal heat pump technologies in General Services Administration facilities; and (ii) the availability to managers of General Services Administration facilities of geothermal heat pumps. (B) Requirements.--The review under subparagraph (A) shall-- (i) examine the use of geothermal heat pumps by Federal agencies in General Services Administration facilities; and (ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify geothermal heat pump technology standards that could be used for all types of General Services Administration facilities. (2) Replacement.-- (A) In general.--As part of the program under this section, not later than 180 days after the date of enactment of this Act, the Administrator shall establish, using available appropriations, a geothermal heat pump technology acceleration program to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies in each General Services Administration facility. (B) Acceleration plan timetable.-- (i) In general.--To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable, including milestones for specific activities needed to replace existing heating and cooling technologies with geothermal heat pump technologies, to the maximum extent feasible (including at the maximum rate feasible), at each General Services Administration facility. (ii) Goal.--The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies by not later than the date that is 5 years after the date of enactment of this Act. (d) General Services Administration Facility Geothermal Heat Pump Technologies and Practices.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall-- (1) ensure that a manager responsible for accelerating the use of geothermal heat pump technologies is designated for each General Services Administration facility geothermal heat pump technologies and practices facility; and (2) submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than the date that is 5 years after the date of enactment of this Act, that-- (A) includes an estimate of the funds necessary to carry out this section; (B) describes the status of the implementation of geothermal heat pump technologies and practices at General Services Administration facilities, including-- (i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this Act; and (ii) the status of funding requests and appropriations for those programs; (C) identifies within the planning, budgeting, and construction processes, all types of General Services Administration facility-related procedures that inhibit new and existing General Services Administration facilities from implementing geothermal heat pump technologies; (D) recommends language for uniform standards for use by Federal agencies in implementing geothermal heat pump technologies and practices; (E) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for-- (i) permitting Federal agencies to retain all identified savings accrued as a result of the use of geothermal heat pump technologies; and (ii) identifying short- and long-term cost savings that accrue from the use of geothermal heat pump technologies and practices; (F) achieves substantial operational cost savings through the application of geothermal heat pump technologies; and (G) includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (F). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

Requires the Administrator of General Services to establish a program to accelerate the use of geothermal heat pumps at General Services Administration (GSA) facilities. Requires such program to: (1) ensure centralized responsibility for the coordination of geothermal heat pump recommendations, practices, and activities of all relevant federal agencies; (2) provide technical assistance and operational guidance to tenants to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies within five years; and (3) establish methods to track the success of federal agencies with respect to that goal. Requires the Administrator to: (1) review the current use of geothermal heat pump technologies in GSA facilities and the availability of such technologies to facility managers; and (2) establish an acceleration program to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies in each GSA facility. Requires the Administrator to: (1) ensure that a manager responsible for accelerating the use of geothermal heat pump technologies is designated for each GSA geothermal heat pump technologies and practices facility; and (2) submit to Congress a plan for implementing, within five years, geothermal heat pump technologies and practices at GSA facilities.

A bill to establish a geothermal heat pump technology acceleration program relating to General Services Administration facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Social Security Act of 2013''. SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2013. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2013.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2014, 80 percent; ``(B) for 2015 through 2017, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and ``(C) for 2018 and each year thereafter, 0 percent. ``(2) Included and excluded service.--For purposes of this chapter, if''. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended-- (A) in subsection (a)(1)(I)-- (i) by inserting ``and before 2014'' after ``1974''; and (ii) by inserting ``and'' after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: ``(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2013 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;''; and (C) by adding at the end the following new subsection: ``(l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be equal to-- ``(1) for 2014, 80 percent; ``(2) for 2015 through 2017, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and ``(3) for 2018 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2013. (b) Determination of Taxable Self-Employment Income Above Contribution and Benefit Base After 2013.-- (1) Amendments to the internal revenue code of 1986.-- Section 1402 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(1), by striking ``that part of the net earnings'' and all that follows through ``minus'' and inserting the following: ``an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and''; and (B) in subsection (d)-- (i) by striking ``(d) Employee and Wages.-- The term'' and inserting the following: ``(d) Rules and Definitions.-- ``(1) Employee and wages.--The term''; and (ii) by adding at the end the following: ``(2) Applicable percentage of net earnings from self- employment in determining taxable self-employment income.--For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(A) for 2014, 80 percent; ``(B) for 2015 through 2017, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and ``(C) for 2018 and each year thereafter, 0 percent.''. (2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 411) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(I)-- (I) by striking ``or'' after the semicolon; and (II) by inserting ``and before 2014'' after ``1974''; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: ``(2) For any taxable year beginning in any calendar year after 2013, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between-- ``(A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and ``(B) the amount of the wages paid to such individual during such taxable year; or''; and (B) by adding at the end the following: ``(l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(1) for 2014, 80 percent; ``(2) for 2015 through 2017, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and ``(3) for 2018 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2014. SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.-- (1) In general.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (A) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (B) in clause (ii), by striking ``and'' at the end; (C) in clause (iii), by adding ``and'' at the end; and (D) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. (2) Bend point adjustment.--Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in any calendar year after 2018, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by-- ``(I) for calendar year 2019, 1 percent; ``(II) for each of calendar years 2020 through 2032, the percent determined under this clause for the preceding year increased by 1 percentage point; and ``(III) for calendar year 2033 and each year thereafter, 15 percent.''. (b) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2018. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after June 30 of the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR SOCIAL SECURITY BENEFITS. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 5(a) of the Strengthening Social Security Act of 2013,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of the Social Security Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2014.

Strengthening Social Security Act of 2013 - Amends the Internal Revenue Code to prescribe special rules for the determination of taxable wages and self-employment income above the contribution and benefit base after 2013. Amends SSA title II to include surplus average indexed monthly earnings (AIME) in the determination of primary OASDI amounts. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to prepare and publish the Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age for purposes of an old-age, wife's, or husband's insurance benefit. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-EC the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals.

Strengthening Social Security Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Maritime Transportation Security Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Enforcement; pier and wharf security costs. Sec. 3. Security at foreign ports. Sec. 4. Federal and State commercial maritime transportation training. Sec. 5. Transportation worker background investigation programs. Sec. 6. Report on cruise ship security. Sec. 7. Maritime transportation security plan grants. Sec. 8. Report on design of maritime security grant programs. SEC. 2. ENFORCEMENT; PIER AND WHARF SECURITY COSTS. (a) In General.--Chapter 701 of title 46, United States Code, is amended-- (1) by redesignating the second section 70118 (relating to firearms, arrests, and seizure of property), as added by section 801(a) of the Coast Guard and Maritime Transportation Act of 2004, as section 70119; (2) by redesignating the first section 70119 (relating to enforcement by State and local officers), as added by section 801(a) of the Coast Guard and Maritime Transportation Act of 2004, as section 70120; (3) by redesignating the second section 70119 (relating to civil penalty), as redesignated by section 802(a)(1) of the Coast Guard and Maritime Transportation Act of 2004, as section 70123; and (4) by inserting after section 70120 the following: ``Sec. 70121. Enforcement by injunction or withholding of clearance ``(a) Injunction.--The United States district courts shall have jurisdiction to restrain violations of this chapter or of regulations issued hereunder, for cause shown. ``(b) Withholding of Clearance.-- ``(1) If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary. ``Sec. 70122. Security of piers and wharfs ``(a) In General.--Notwithstanding any other provision of law, the Secretary shall require any uncleared, imported merchandise remaining on the wharf or pier onto which it was unladen for more than 7 calendar days, not including any time the imported merchandise was held in federal custody, to be removed from the wharf or pier and deposited in the public stores or a general order warehouse, where it shall be inspected for determination of contents, and thereafter a permit for its delivery may be granted. ``(b) Penalty.--The Secretary may impose an administrative penalty of $5,000 on the consignee for each bill of lading for general order merchandise remaining on a wharf or pier in violation of subsection (a), except that no penalty shall be imposed if the violation was a result of force majeure.''. (b) Conforming Amendments.-- (1) The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the items following the item relating to section 70116 and inserting the following: ``70117. In rem liability for civil penalties and certain costs ``70118. Withholding of clearance ``70119. Firearms, arrests, and seizure of property ``70120. Enforcement by State and local officers ``70121. Enforcement by injunction or withholding of clearance ``70122. Security of piers and wharfs ``70123. Civil penalty''. (2) Section 70117(a) of title 46, United States Code, is amended by striking ``section 70120'' and inserting ``section 70123''. (3) Section 70118(a) of such title is amended by striking ``under section 70120,'' and inserting ``under that section,''. SEC. 3. SECURITY AT FOREIGN PORTS. (a) In General.--Section 70109 of title 46, United States Code, is amended-- (1) by striking ``The Secretary,'' in subsection (b) and inserting ``The Administrator of the Maritime Administration,''; and (2) by adding at the end the following: ``(c) Foreign Assistance Programs.--The Administrator of the Maritime Administration, in coordination with the Secretary of State, shall identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. The Administrator and the Secretary shall establish a program to utilize those programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds, under section 70108, to lack effective antiterrorism measures.''. (b) Report on Security at Ports in the Caribbean Basin.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives a report on the security of ports in the Caribbean Basin. The report shall include the following: (1) An assessment of the effectiveness of the measures employed to improve security at ports in the Caribbean Basin and recommendations for any additional measures to improve such security. (2) An estimate of the number of ports in the Caribbean Basin that will not be secured by July 2004, and an estimate of the financial impact in the United States of any action taken pursuant to section 70110 of title 46, United States Code, that affects trade between such ports and the United States. (3) An assessment of the additional resources and program changes that are necessary to maximize security at ports in the Caribbean Basin. SEC. 4. FEDERAL AND STATE COMMERCIAL MARITIME TRANSPORTATION TRAINING. Section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note) is amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: ``(c) Federal and State Commercial Maritime Transportation Training.--The Secretary of Transportation shall establish a curriculum, to be incorporated into the curriculum developed under subsection (a)(1), to educate and instruct Federal and State officials on commercial maritime and intermodal transportation. The curriculum shall be designed to familiarize those officials with commercial maritime transportation in order to facilitate performance of their commercial maritime and intermodal transportation security responsibilities. In developing the standards for the curriculum, the Secretary shall consult with each agency in the Department of Homeland Security with maritime security responsibilities to determine areas of educational need. The Secretary shall also coordinate with the Federal Law Enforcement Training Center in the development of the curriculum and the provision of training opportunities for Federal and State law enforcement officials at appropriate law enforcement training facilities.''. SEC. 5. TRANSPORTATION WORKER BACKGROUND INVESTIGATION PROGRAMS. Within 120 days after the date of enactment of this Act, the Secretary of Homeland Security, after consultation with the Secretary of Transportation, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure-- (1) making recommendations (including legislative recommendations, if appropriate or necessary) for harmonizing, combining, or coordinating requirements, procedures, and programs for conducting background checks under section 70105 of title 46, United States Code, section 5103a(c) of title 49, United States Code, section 44936 of title 49, United States Code, and other provisions of Federal law or regulations requiring background checks for individuals engaged in transportation or transportation-related activities; (2) setting forth a detailed timeline for implementation of such harmonization, combination, or coordination; (3) setting forth a plan with a detailed timeline for the implementation of the Transportation Worker Identification Credential in seaports; (4) making recommendations for a waiver and appeals process for issuing a transportation security card to an individual found otherwise ineligible for such a card under section 70105(c)(2) and (3) of title 46, United States Code, along with recommendations on the appropriate level of funding for such a process; and (5) making recommendations for how information collected through the Transportation Worker Identification Credential program may be shared with port officials, terminal operators, and other officials responsible for maintaining access control while also protecting workers' privacy. SEC. 6. REPORT ON CRUISE SHIP SECURITY. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the security of ships and facilities used in the cruise line industry. (b) Content.--The report required by subsection (a) shall include an assessment of security measures employed by the cruise line industry, including the following: (1) An assessment of the security of cruise ships that originate at ports in foreign countries. (2) An assessment of the security of ports utilized for cruise ship docking. (3) The costs incurred by the cruise line industry to carry out the measures required by the Maritime Transportation Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and the amendments made by that Act. (4) The costs of employing canine units and hand-held explosive detection wands at ports, including the costs of screening passengers and baggage with such methods. (5) An assessment of security measures taken by the Secretary of Homeland Security to increase the security of the cruise line industry and the costs incurred to carry out such security measures. (6) A description of the need for and the feasibility of deploying explosive detection systems and canine units at ports used by cruise ships and an assessment of the cost of such deployment. (7) A summary of the fees paid by passengers of cruise ships that are used for inspections and the feasibility of creating a dedicated passenger vessel security fund from such fees. (8) The recommendations of the Secretary, if any, for measures that should be carried out to improve security of cruise ships that originate at ports in foreign countries. (9) The recommendations of the Secretary, if any, on the deployment of further measures to improve the security of cruise ships, including explosive detection systems, canine units, and the use of technology to improve baggage screening, and an assessment of the cost of implementing such measures. SEC. 7. MARITIME TRANSPORTATION SECURITY PLAN GRANTS. Section 70107(a) of title 46, United States Code, is amended to read as follows: ``(a) In General.--The Under Secretary of Homeland Security for Border and Transportation Security shall establish a grant program for making a fair and equitable allocation of funds to implement Area Maritime Transportation Security Plans and to help fund compliance with Federal security plans among port authorities, facility operators, and State and local agencies required to provide security services. Grants shall be made on the basis of threat-based risk assessments subject to review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administration. The grant program shall take into account national security priorities, national economic, and strategic defense concerns and shall be coordinated with the Director of the Office of Domestic Preparedness to ensure that the grant process is consistent with other Department of Homeland Security grant programs.''. SEC. 8. REPORT ON DESIGN OF MARITIME SECURITY GRANT PROGRAMS. Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the design of maritime security grant programs that includes recommendations on-- (1) whether the grant programs should be discretionary or formula based and why; (2) requirements for ensuring that Federal funds will not be substituted for grantee funds; (3) targeting requirements to ensure that funding is directed in a manner that reflects a national, risk-based perspective on priority needs, the fiscal capacity of recipients to fund the improvements without grant funds, and an explicit analysis of the impact of minimum funding to small ports that could affect funding available for the most strategic or economically important ports; and (4) matching requirements to ensure that Federal funds provide an incentive to grantees for the investment of their own funds in the improvements financed in part by Federal funds. Passed the Senate September 21, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Maritime Transportation Security Act of 2004 - (Sec. 2) Amends Federal shipping law to grant U.S. district courts jurisdiction to restrain violations of certain port security requirements. Authorizes the Secretary of Transportation (Secretary) to refuse or revoke port clearance to any owner, agent, master, officer, or person in charge of a vessel that is liable for a penalty or fine for violation of such requirements. Allows any refused or revoked clearance to be granted upon filing of a bond or other surety satisfactory to the Secretary. Directs the Secretary to require uncleared, unladen imported merchandise remaining on a wharf or pier for more than seven calendar days (not including any time held in Federal custody) to be removed and deposited in a public store or general order warehouse for inspection, after which a delivery permit may be granted. Authorizes the Secretary to impose an administrative penalty of $5,000 on the consignee for each bill of lading for general order merchandise remaining on a wharf or pier in violation of such requirement (except if the violation was a result of force majeure). (Sec. 3) Shifts from the Secretary to the Administrator of the Maritime Administration responsibility for assessing antiterrorism measures in foreign ports and notifying foreign government authorities of deficiencies and the steps necessary to improve such measures. Requires the Administrator to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. Directs the Administrator and the Secretary to establish a program to utilize those programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds to lack effective antiterrorism measures. Directs the Secretary of Homeland Security (DHS Secretary) to report to specified congressional committees on the security of ports in the Caribbean Basin. (Sec. 4) Amends the Maritime Transportation Security Act of 2002 to direct the Secretary to: (1) establish a curriculum to educate and instruct Federal and State officials on commercial maritime and intermodal transportation; and (2) coordinate with the Federal Law Enforcement Training Center in the curriculum development and the provision of training opportunities for Federal and State law enforcement officials at appropriate law enforcement training facilities. (Sec. 5) Directs the DHS Secretary to report to specified congressional committees on: (1) recommendations to coordinate background checks for all individuals engaged in transportation activities; and (2) a timeline for implementation of the Transportation Worker Identification Credential in seaports. (Sec. 6) Directs the DHS Secretary to report to specified congressional committees on the security of ships and facilities used in the cruise line industry, including an assessment of certain security measures employed by the industry. (Sec. 7) Amends Federal shipping law to direct the Under Secretary of Homeland Security for Border and Transportation Security to establish a maritime transportation security plan grant program to implement Area Maritime Transportation Security Plans and help fund compliance with Federal security plans among port authorities, facility operators, and State and local agencies required to provide security devices. (Sec. 8) Directs the DHS Secretary to report to specified congressional committees on the design of maritime security grant programs.

A bill to amend title 46, United States Code, with respect to maritime transportation security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Home Loan Refinance Opportunity Act of 2009''. SEC. 2. MODIFICATION OF QUALIFIED VETERANS' MORTGAGE BONDS PROGRAM TO ALLOW ELIGIBLE VETERANS TO REFINANCE CURRENT HOME LOANS. (a) Elimination of Refinance Prohibition for Veterans' Bonds.-- Section 143(b) of the Internal Revenue Code of 1986 (relating to qualified veterans' mortgage bond defined) is amended-- (1) in paragraph (1) by striking ``residences'' and inserting ``residences or qualified refinancing loans''; and (2) in paragraph (3) by striking ``(i)(1),''. (b) Definition.--Section 143(l) of the Internal Revenue Code of 1986 (relating to additional requirements for qualified veterans' mortgage bonds) is amended by adding at the end the following: ``(6) Qualified refinancing loan.--For purposes of this subsection, the term `qualified refinancing loan' means a loan that is used to refinance acquisition indebtedness (as defined in subclauses (I) and (II) of section 163(h)(3)(B)(i)) for a principal residence (within the meaning of section 121).''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. SEC. 3. INFLATION ADJUSTMENT OF STATE VETERANS LIMIT. (a) In General.--Paragraph (3) of section 143(l) of the Internal Revenue Code of 1986 (relating to volume limitation) is amended by adding at the end the following new subparagraph: ``(D) Limitation adjustment based on inflation.-- ``(i) In general.--In the case of any calendar year after 2010, the limit determined under subparagraph (B) for a State shall be adjusted for such calendar year by multiplying such limit by the inflation adjustment factor for the calendar year. ``(ii) Computation of inflation adjustment factor.--For purposes of clause (i)-- ``(I) In general.--The Secretary shall, not later than each October 1, determine and publish in the Federal Register the inflation adjustment factor for the succeeding calendar year in accordance with this clause. ``(II) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the CMHPI for the second quarter of the calendar year preceding the calendar year for which the adjustment is being made, and the denominator of which is the CMHPI for the second quarter of calendar year 2009. ``(III) CMHPI.--The term `CMHPI' means the Conventional Mortgage Home Price Index compiled by Federal Home Loan Mortgage Corporation. The CMHPI for any quarter shall be the CMHPI first published for such quarter. ``(IV) Limitation.--No adjustment shall be made under clause (i) for any year in which the fraction in subclause (II) is less than 1.''. (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 4. MODIFICATION OF MATERIALLY HIGHER YIELD FOR MORTGAGES MADE FROM QUALIFIED VETERANS' MORTGAGE BONDS. (a) Mortgage Yield Limitation Measured Under General Program Obligation Provisions.-- (1) Amendment.--Paragraph (3) of section 143(b) of the Internal Revenue Code of 1986 (relating to qualified veterans' mortgage bond defined) is amended by inserting ``(other than paragraph (2) thereof)'' after ``(g)''. (2) In general.--Subparagraph (C) of section 143(g)(3) of the Internal Revenue Code of 1986 (relating to requirements related to arbitrage) is amended by striking ``1.125 percentage points'' and inserting ``1.50 percentage points''. (3) Clerical amendment.--Section 143(g)(3) of such Code (relating to requirements related to arbitrage) is amended in the heading for subparagraph (C) by striking ``where issuer does not use full 1.125 percentage points under paragraph (2)'' and inserting ``for certain unused amounts''. (b) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Veterans Home Loan Refinance Opportunity Act of 2009 - Amends Internal Revenue Code provisions relating to tax-exempt veterans' mortgage bonds to permit: (1) proceeds from such bonds to refinance residences of veterans (currently, bond financing limited to new mortgages); (2) an annual inflation adjustment after 2010 to the amounts of veterans' mortgage bonds that states may issue; and (3) an increase from 1.125 % to 1.50% in the amount by which interest on veterans' mortgages may exceed the yield on a bond issue.

To amend the Internal Revenue Code of 1986 to allow eligible veterans to use qualified veterans mortgage bonds to refinance home loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Welfare Reduction and Job Preservation Act of 1996''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Corporations are subject to a tax rate of up to 34 percent or 35 percent. (2) Due to tax deductions, exclusions, and credits, the net tax liability actually paid by many corporations is far below the real rate. In fact, certain special-interest tax deductions and expenditures provide corporations with an extra $70,000,000,000 per year. Additionally, direct Government subsidies to corporations will amount to $30,000,000,000 per year. (3) Over the past several years, one of the most serious problems affecting the middle-class has been corporate downsizing. Many large, wealthy, and profitable corporations have reduced the number of their American employees by transferring those jobs to foreign countries or have reduced the number of their employees in order to realize an immediate short-term profit or increase in stock value. (4) Between April 3, 1975, and January 31, 1996, the relocation of manufacturing operations resulted in over 4,500,000 workers seeking adjustment assistance for workers under chapter 2 of title II of the Trade Act of 1974. Because many displaced workers did not seek assistance, this figure is far below the actual number of workers displaced. (5) A higher priority should be given to preserving American jobs and adding fairness to the Federal tax system by closing loopholes and eliminating unnecessary expenditures, thus providing additional funds to assist in balancing the Federal budget by 2002 while maintaining Medicare and Medicaid at acceptable levels. SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) In General.--Subchapter C of chapter 1 of the Internal Revenue Code of 1986 (relating to corporate distributions and adjustments) is amended by adding at the end the following new part: ``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE ``Sec. 386. Reduction of tax benefits for profitable large corporations which reduce workforce. ``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. ``(a) In General.--For any taxable year, if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Facility-related tax benefit.-- ``(A) In general.--The term `facility-related tax benefit' means-- ``(i) any tax benefit to the extent attributable to a facility described in subsection (a), or ``(ii) to the extent that a tax benefit is not attributable to any facility, a pro rata portion of such tax benefit (as determined under regulations prescribed by the Secretary). ``(B) Exception.--Such term shall not include-- ``(i) any deduction under section 127 or 129 or any other deduction for the cost of employee health care, child care, job training, or retraining, or ``(ii) any other tax benefit (other than wages) which the Secretary determines by regulation to be a tax benefit for costs incurred primarily for the benefit of employees rather than the employer. ``(2) Large corporation.--The term `large corporation' means a corporation or partnership which is not a small- business concern (within the meaning of section 3 of the Small Business Act, as in effect on the date of the enactment of this section). ``(3) Profitable.--Any large corporation shall be treated as profitable, for any taxable year, if the sum of taxable income (if any) for the 5-taxable-year period ending with the preceding taxable year (or, if shorter, the period consisting of all preceding taxable years of such large corporation) equals or exceeds the sum of the net operating losses (if any) attributable to such period. ``(4) Related persons.-- ``(A) In general.--All related persons shall be treated as one person. ``(B) Related persons defined.--The term `related persons' means-- ``(i) persons bearing a relationship described in section 267 or 707(b), and ``(ii) persons treated as a single employer under subsection (a) or (b) of section 52. ``(5) Tax benefit.--The term `tax benefit' means a credit, deduction, or exclusion allowable under this title.'' (b) Transmission of Data by Secretary of Labor.--The Secretary of Labor shall transmit to the Secretary of the Treasury, not less than annually, a list of corporations and partnerships described in section 386(a) of the Internal Revenue Code of 1986 (as added by this section). (c) Clerical Amendment.--The table of parts for subchapter C of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII. Reduction of tax benefits for profitable large corporations which reduce workforce.'' (d) Effective Date.--This section and the amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Corporation the amount of any loan made by the Corporation to the entity under section 234; ``(B) any insurance policy provided by the Corporation to the entity under such section is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Corporation may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity under such section. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Corporation at a rate of 10 percent per month.''. (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(f) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Bank the amount of any loan made by the Bank to the entity; ``(B) any insurance policy provided by the Bank to the entity is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Bank may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Bank at a rate of 10 percent per month.''.

Corporate Welfare Reduction and Job Preservation Act of 1996 - Amends the Internal Revenue Code to provide that if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. Amends the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945 to require, if a facility-related tax benefit of an entity is reduced, the acceleration of the repayment of any loan and the termination of any insurance policy provided by certain Government entities.

Corporate Welfare Reduction and Job Preservation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Part D Equity for Low-Income Seniors Act of 2007''. SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES UNDER THE MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114) is amended by adding at the end the following new subsection: ``(e) Expedited Application and Eligibility Process.-- ``(1) Expedited process.-- ``(A) In general.--The Commissioner of Social Security shall provide for an expedited process under this subsection for the qualification for low-income assistance under this section through a request to the Secretary of the Treasury as provided in subparagraph (B) for information described in section 6103(l)(21) of the Internal Revenue Code of 1986. Such process shall be conducted in cooperation with the Secretary. ``(B) Currently eligible individuals.--The Commissioner of Social Security shall, as soon as practicable after implementation of subparagraph (A), screen such individual for eligibility for the low- income subsidy provided under this section through such a request to the Secretary of the Treasury. ``(2) Notification of potentially eligible individuals.-- Under such process, in the case of each individual identified under paragraph (1) who has not otherwise applied for, or been determined eligible for, benefits under this section (or who has applied for and been determined ineligible for such benefits based only on excess resources), the Commissioner of Social Security shall send a notification that the individual is likely eligible for low-income subsidies under this section. Such notification shall include the following: ``(A) Application information.--Information on how to apply for such low-income subsidies. ``(B) Description of the lis benefit.--A description of the low-income subsidies available under this section. ``(C) Information on state health insurance programs.--Information on-- ``(i) the State Health Insurance Assistance Program for the State in which the individual is located; and ``(ii) how the individual may contact such Program in order to obtain assistance regarding enrollment and benefits under this part. ``(D) Attestation.--An application form that provides for a signed attestation, under penalty of law, as to the amount of income and assets of the individual and constitutes an application for the low- income subsidies under this section. Such form-- ``(i) shall not require the submittal of additional documentation regarding income or assets; ``(ii) shall permit the appointment of a personal representative described in paragraph (4); and ``(iii) shall allow for the specification of a language (other than English) that is preferred by the individual for subsequent communications with respect to the individual under this part. If a State is doing its own outreach to low-income seniors regarding enrollment and low-income subsidies under this part, such process shall be coordinated with the State's outreach effort. ``(3) Hold-harmless.--Under such process, if an individual in good faith and in the absence of fraud executes an attestation described in paragraph (2)(D) and is provided low- income subsidies under this section on the basis of such attestation, if the individual is subsequently found not eligible for such subsidies, there shall be no recovery made against the individual because of such subsidies improperly paid. ``(4) Use of authorized representative.--Under such process, with proper authorization (which may be part of the attestation form described in paragraph (2)(D)), an individual may authorize another individual to act as the individual's personal representative with respect to communications under this part and the enrollment of the individual under a prescription drug plan (or MA-PD plan) and for low-income subsidies under this section. ``(5) Use of preferred language in subsequent communications.--In the case an attestation described in paragraph (2)(D) is completed and in which a language other than English is specified under clause (iii) of such paragraph, the Commissioner of Social Security shall provide that subsequent communications to the individual under this part shall be in such language. ``(6) Construction.--Nothing in this subsection shall be construed as precluding the Commissioner of Social Security or the Secretary from taking additional outreach efforts to enroll eligible individuals under this part and to provide low-income subsidies to eligible individuals.''. (b) Disclosure of Return Information for Purposes of Determining Individuals Eligible for Subsidies Under Medicare Part D.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information to carry out medicare part d subsidies.-- ``(A) In general.--The Secretary shall, upon written request from the Commissioner of Social Security under section 1860D-14(e)(1) of the Social Security Act, disclose to officers and employees of the Social Security Administration return information of a taxpayer who (according to the records of the Secretary) may be eligible for a subsidy under section 1860D-14 of the Social Security Act. Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer, ``(ii) the filing status of such taxpayer, ``(iii) the gross income of such taxpayer, ``(iv) such other information relating to the liability of the taxpayer as is prescribed by the Secretary by regulation as might indicate the eligibility of such taxpayer for a subsidy under section 1860D-14 of the Social Security Act, and ``(v) the taxable year with respect to which the preceding information relates. ``(B) Restriction on use of disclosed information.--Return information disclosed under this paragraph may be used by officers and employees of the Social Security Administration only for the purposes of identifying eligible individuals for, and, if applicable, administering-- ``(i) low-income subsidies under section 1860D-14 of the Social Security Act, and ``(ii) the Medicare Savings Program implemented under clauses (i), (iii), and (iv) of section 1902(a)(10)(E) of such Act. ``(C) Termination.--Return information may not be disclosed under this paragraph after the date that is one year after the date of the enactment of this paragraph.''. (2) Conforming amendments.--Paragraph (4) of section 6103(p) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``(14) or (17)'' in the matter preceding subparagraph (A) and inserting ``(14), (17), or (21)''; and (B) by striking ``(15) or (17)'' in subparagraph (F)(ii) and inserting ``(15), (17), or (21)''. SEC. 3. MODIFICATION OF RESOURCE STANDARDS FOR DETERMINATION OF ELIGIBILITY FOR LOW-INCOME SUBSIDY. (a) Increasing the Alternative Resource Standard.--Section 1860D- 14(a)(3)(E)(i) of the Social Security Act (42 U.S.C. 1395w- 114(a)(3)(E)(i)) is amended-- (1) in subclause (I), by striking ``and'' at the end; (2) in subclause (II)-- (A) by striking ``a subsequent year'' and inserting ``2007''; (B) by striking ``in this subclause (or subclause (I)) for the previous year'' and inserting ``in subclause (I) for 2006''; (C) by striking the period at the end and inserting a semicolon; and (D) by inserting before the flush sentence at the end the following new subclauses: ``(III) for 2008, $27,500 (or $55,000 in the case of the combined value of the individual's assets or resources and the assets or resources of the individual's spouse); and ``(IV) for a subsequent year the dollar amounts specified in this subclause (or subclause (III)) for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year.''; and (3) in the flush sentence at the end, by inserting ``or (IV)'' after ``subclause (II)''. (b) Exemptions From Resources.--Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)) is amended-- (1) in subparagraph (D), in the matter preceding clause (i), by inserting ``subject to the additional exclusions provided under subparagraph (G)'' before ``)''; (2) in subparagraph (E)(i), in the matter preceding subclause (I), by inserting ``subject to the additional exclusions provided under subparagraph (G)'' before ``)''; and (3) by adding at the end the following new subparagraph: ``(G) Additional exclusions.--In determining the resources of an individual (and their eligible spouse, if any) under section 1613 for purposes of subparagraphs (D) and (E) the following additional exclusions shall apply: ``(i) Life insurance policy.--No part of the value of any life insurance policy shall be taken into account. ``(ii) In-kind contributions.--No in-kind contribution shall be taken into account. ``(iii) Pension or retirement plan.--No balance in any pension or retirement plan shall be taken into account.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 4. INDEXING DEDUCTIBLE AND COST-SHARING ABOVE ANNUAL OUT-OF-POCKET THRESHOLD FOR INDIVIDUALS WITH INCOME BELOW 150 PERCENT OF POVERTY LINE. (a) Indexing Deductible.--Section 1860D-14(a)(4)(B) of the Social Security Act (42 U.S.C. 1395w-114(a)(4)(B)) is amended-- (1) in clause (i), by striking ``or''; (2) in clause (ii)-- (A) by striking ``a subsequent year'' and inserting ``2008''; (B) by striking ``this clause (or clause (i)) for the previous year'' and inserting ``clause (i) for 2007''; and (C) by striking ``involved.'' and inserting ``involved; and''; (3) by adding after clause (ii) the following new clause: ``(iii) for 2008 and each succeeding year, the amount determined under this subparagraph for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year.''; and (4) in the flush sentence at the end, by striking ``clause (i) or (ii)'' and inserting ``clause (i), (ii), or (iii)''. (b) Indexing Cost-Sharing.--Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended- (1) in paragraph (1)(D)(iii), by striking ``exceed the copayment amount'' and all that follows through the period at the end and inserting ``exceed-- ``(I) for 2006 and 2007, the copayment amount specified under section 1860D-2(b)(4)(A)(i)(I) for the drug and year involved; and ``(II) for 2008 and each succeeding year, the amount determined under this subparagraph for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year.''; and (2) in paragraph (2)(E), by striking ``exceed the copayment or coinsurance amount'' and all that follows through the period at the end and inserting ``exceed-- ``(i) for 2006 and 2007, the copayment or coinsurance amount specified under section 1860D-2(b)(4)(A)(i)(I) for the drug and year involved; and ``(ii) for 2008 and each succeeding year, the amount determined under this clause for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year.''. SEC. 5. NO IMPACT ON ELIGIBILITY FOR BENEFITS UNDER OTHER PROGRAMS. (a) In General.--Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)), as amended by section 3(c)(3), is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraph (F)'' and inserting ``subparagraphs (F) and (H)''; and (2) by adding at the end the following new subparagraph: ``(H) No impact on eligibility for benefits under other programs.--The availability of premium and cost- sharing subsidies under this section shall not be treated as benefits or otherwise taken into account in determining an individual's eligibility for, or the amount of benefits under, any other Federal program.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.

Part D Equity for Low-Income Seniors Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Commissioner of Social Security to provide for an expedited process for the qualification for low-income assistance through a request to the Secretary of the Treasury for tax return and other information. Increases the alternative resource standard for determination of eligibility for a low-income subsidy for 2008, indexed for inflation for succeeding years. Requires indexing of deductibles and cost-sharing above the annual out-of-pocket threshold for individuals with income below 150% of the poverty line.

A bill to amend title XVIII of the Social Security Act to expedite the application and eligibility process for low-income subsidies under the Medicare prescription drug program and to revise the resource standards used to determine eligibility for an income-related subsidy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Environmental Improvement Facilitation Act''. SEC. 2. USE OF FEDERAL WATER POLLUTION CONTROL ACT CIVIL PENALTIES TO FUND COMMUNITY ENVIRONMENTAL PROJECTS. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Use of Civil Penalties To Fund Community Environmental Projects.-- ``(1) Election.--Notwithstanding any other provision of this Act or any other law, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (referred to in this subsection as a `private person') under this Act, the private person may elect to-- ``(A) pay the amount of the penalty to the Treasury of the United States for deposit into the special account described in section 3113(d) of title 31, United States Code, for payment of public debt obligations; or ``(B)(i) pay an amount not to exceed $500,000 of the penalty to carry out a community environmental project through an agreement entered into in accordance with paragraph (2); and ``(ii) pay the remaining amount of the penalty in accordance with subparagraph (A). ``(2) Agreements to carry out community environmental projects.-- ``(A) In general.--If a private person makes the election described in paragraph (1)(B), the private person, after consultation with and obtaining the concurrence of the State and each political subdivision of the State within the jurisdiction of which the violation that resulted in the penalty occurred, shall enter into an agreement with the parties described in subparagraph (B) to pay the amount described in paragraph (1)(B)(i) to an appropriate person in order that the person may carry out 1 or more environmental projects described in subparagraph (C). A separate agreement shall be entered into with respect to each penalty for which an election is made as described in paragraph (1)(B). ``(B) Parties.--The parties to an agreement referred to in subparagraph (A) shall be the private person, the Administrator, and each person that is to carry out the environmental project. ``(C) Environmental projects.--An environmental project referred to in subparagraph (A)-- ``(i) shall be described in the agreement, which description shall include the type and scope of the project and the time period in which the project is to be carried out; ``(ii) shall be carried out within a city or county in which the violation occurred; ``(iii) shall bear a relationship to the nature of the violation; ``(iv) may not be inconsistent with any Federal or State law; ``(v) may not duplicate an activity or project for which Congress has specifically appropriated funds; and ``(vi) may not consist of-- ``(I) a monetary contribution to environmental research conducted at a college or university; ``(II) a study or assessment (including a pollution prevention assessment, a site assessment, an environmental management system audit, or a compliance audit) without a commitment by a party to the agreement or by another person or Federal entity to implement the results of the study or assessment; or ``(III) a project that is being funded through a low-interest Federal loan, a Federal contract, or a Federal grant. ``(D) Oversight.-- ``(i) In general.--The Administrator shall ensure that an environmental project that is the subject of an agreement entered into under this subsection is carried out in accordance with the terms of the agreement. ``(ii) Enforcement.--If the Administrator determines that a private person that elected under paragraph (1)(B) to enter into an agreement fails to carry out the environmental project in accordance with the agreement, the Administrator may terminate the agreement and require the private person to pay all or part of the penalty amount described in paragraph (1)(B)(i) as if no election had been made.''.

Local Environmental Improvement Facilitation Act - Amends the Federal Water Pollution Control Act to provide that, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (private person), the private person may elect to pay: (1) the amount of the penalty to the Treasury for deposit into a special account for payment of public debt obligations; or (2) an amount not to exceed $500,000 of the penalty to carry out a community environmental project in accordance with this Act, with the remainder to be paid into the Treasury's special account. Requires a private person who makes the latter election, after consulting with and obtaining the concurrence of the State and each political subdivision of the State within which the violation occurred, to enter into an agreement to pay the prescribed amount to an appropriate person to carry out one or more environmental projects. Requires a separate agreement to be entered into with respect to each penalty for which an election is made. Sets forth provisions regarding: (1) suitable environmental projects; and (2) oversight.

Local Environmental Improvement Facilitation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Access under the Law for Immigrant Women and Families Act of 2014'' or as the ``HEAL Immigrant Women and Families Act of 2014''. SEC. 2. FINDINGS. Congress finds as follows: (1) Insurance coverage reduces harmful health disparities by alleviating cost barriers to and increasing utilization of basic preventive health services, especially among low-income and underserved populations, and especially among women. (2) Based solely on their immigration status, many immigrants and their families face legal restrictions on their ability to obtain health insurance coverage through Medicaid, CHIP, and Health Insurance Exchanges. (3) Lack of health insurance contributes to persistent disparities in the prevention, diagnosis, and treatment of negative health outcomes borne by immigrants and their families. (4) Immigrant women are disproportionately of reproductive age, low-income, and lacking health insurance coverage. Legal barriers to affordable health insurance coverage therefore particularly exacerbate their risk of negative sexual, reproductive, and maternal health outcomes, with lasting health and economic consequences for immigrant women, their families, and society as a whole. (5) Denying coverage or imposing waiting periods for coverage unfairly hinders the ability of immigrants to take responsibility for their own health and economic well-being and that of their families. To fully and productively participate in society, access to health care is fundamental, which for women includes access to the services necessary to plan whether and when to have a child. (6) The population of immigrant families in the United States is expected to continue to grow. Indeed one in five children in the United States is part of an immigrant family. It is therefore in the nation's shared public health and economic interest to remove legal barriers to affordable health insurance coverage based on immigration status. SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT INDIVIDUALS. (a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, payment shall be made under this section for care and services that are furnished to aliens, including those described in paragraph (1), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment), and are lawfully present in the United States.''; (2) in subparagraph (B)-- (A) by striking ``a State that has elected to provide medical assistance to a category of aliens under subparagraph (A)'' and inserting ``aliens provided medical assistance pursuant to subparagraph (A)''; and (B) by striking ``to such category'' and inserting ``to such alien''; and (3) in subparagraph (C)-- (A) by striking ``an election by the State under subparagraph (A)'' and inserting ``the application of subparagraph (A)''; (B) by inserting ``or be lawfully present'' after ``lawfully reside''; and (C) by inserting ``or present'' after ``lawfully residing'' each place it appears. (b) CHIP.--Subparagraph (J) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows: ``(J) Paragraph (4) of section 1903(v) (relating to lawfully present individuals).''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of the enactment. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4. REMOVING BARRIERS TO HEALTH COVERAGE FOR INDIVIDUALS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVALS. (a) In General.--For the purposes of eligibility under any of the provisions referred to in subsection (b), individuals granted deferred action under the Deferred Action for Childhood Arrivals process of the Department of Homeland Security, as described in the memorandum of the Secretary of Homeland Security on June 15, 2012, shall be considered lawfully present in the United States. (b) Provisions Described.--The provisions described in this subsection are the following: (1) Exchange eligibility.--Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031). (2) Reduced cost-sharing eligibility.--Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (3) Premium subsidy eligibility.--Section 36B of the Internal Revenue Code of 1986. (4) Medicaid and chip eligibility.--Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act (42 U.S.C. 1396b(v)). (c) Effective Date.-- (1) In general.--Subsection (a) shall take effect on the date of the enactment of this Act. (2) Transition through special enrollment period.--In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) beginning after the date of the enactment of this Act, is granted deferred action described in subsection (a) and who, as a result of such subsection, qualifies for a subsidy described in paragraph (2) or (3) of such subsection, the Secretary of Health and Human Services shall establish a special enrollment period under section 1311(c)(6)(C) of such Act during which such individual may enroll in qualified health plans through Exchanges under title I of such Act and qualify for such a subsidy. For such an individual who has been granted deferred action as of the date of the enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under section 1311(c)(6)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(C)).

Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or the HEAL Immigrant Women and Families Act of 2014 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States. Makes individuals granted deferred action under the Deferred Action for Childhood Arrivals process eligible for: (1) health care exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act, (2) premium subsidies under the Internal Revenue Code, and (3) Medicaid and CHIP.

HEAL Immigrant Women and Families Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Self-Management Training Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes is the fifth leading cause of death in the United States. Over 18,000,000 Americans (6.2 percent of the population) currently are living with diabetes, a number that is estimated to increase to 29,000,000 by the year 2050. In 2002, diabetes accounted for $132,000,000,000 in direct and indirect health care costs. Diabetes is widely recognized as one of the top public health threats facing our Nation today. (2) Diabetes can occur in 2 forms--type 1 diabetes is caused by the body's inability to produce insulin, a hormone that allows glucose or sugar to enter and fuel cells and type 2 diabetes, which occurs when the body fails to make enough insulin or fails to properly use it. People with type 1 diabetes are required to take daily insulin injections to stay alive. While some people with type 2 diabetes need insulin shots, others with type 2 diabetes can control their diabetes through healthy diet, nutrition, and lifestyle changes. Type 2 diabetes accounts for up to 95 percent of all diabetes cases affecting 8 percent of the population age 20 and older. The prevalence of type 2 diabetes has tripled in the last 30 years, with much of that increase due to an upsurge in obesity. (3) In 2002, the Diabetes Prevention Program study found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent. (4) Diabetes self-management training (DSMT), also called diabetes education, provides knowledge and skill training to patients with diabetes, helping them identify barriers, facilitate problem solving, and develop coping skills to effectively manage their diabetes. Unlike many other diseases, diabetes requires constant vigilance on the part of the patient and demands far more than just taking pills or insulin shots. A certified diabetes educator is a health care professional-- often a nurse, dietitian, or pharmacist, who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (5) There are currently over 20,000 diabetes educators in the United States, most of whom are certified diabetes educators (CDEs) credentialed by the National Certification Board for Diabetes Educators (NCBDE). To earn a CDE designation, a health care professional must be licensed or registered, or have received an advanced degree in a relevant public health concentration, have professional practice experience and have met minimum hours requirements in diabetes self-management training, and have met certification and recertification requirements. Many other health care professionals that are able to bill for diabetes education through the medicare program have far less experience or ability to provide the skilled expertise to help people with diabetes self-manage the disease. (6) CDEs represent the only group of health care professionals who provide diabetes self-management training that have not been recognized as health care providers and are therefore precluded from directly billing the medicare program for DSMT. Adding CDEs as providers to that program would give diabetes patients access to the care they need. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF- MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``and includes a certified diabetes educator (as defined in paragraph (3)) who is credentialed by a nationally recognized certifying body for diabetes educators and who provides services within a diabetes self-management training program that is lawfully operated under all applicable Federal, State, and local laws and regulations'' before the semicolon at the end; and (B) in subparagraph (B), by inserting before the period at the end the following: ``or is a certified diabetes educator (as so defined) who is credentialed by a nationally recognized certifying body for diabetes educators and who provides services within a diabetes self-management training program that is lawfully operated under all applicable Federal, State, and local laws and regulations''; and (2) by adding at the end the following: ``(3) For purposes of paragraph (2), the term `certified diabetes educator' means an individual who-- ``(A) is a health care professional who specializes in helping individuals with diabetes develop the self-management skills needed to overcome the daily challenges and problems caused by the disease; ``(B) has an advanced degree in a relevant public health concentration or is a licensed or registered health care professional, has met eligibility requirements for initial certification, including meeting the minimum requirements for professional practice experience and hours for diabetes self- management, and has passed a certification exam approved by a nationally recognized certifying body for diabetes educators; and ``(C) has periodically renewed certification status following initial certification.''. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for individuals with diabetes in accessing diabetes self-management training, including economic and geographic barriers and availability of appropriate referrals and access to adequate, qualified providers. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress regarding the study conducted under paragraph (2). (c) Effective Date.--The amendments made by subsection (a) shall apply to diabetes outpatient self-management training services furnished on or after the date that is 6 months after the date of enactment of this Act.

Diabetes Self-Management Training Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for recognition of certified diabetes educators as Medicare providers by a nationally recognized certifying body for diabetes educators for purposes of diabetes outpatient self-management training services.

A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B of the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Leaders Enhancement Act''. SEC. 2. SENSE OF CONGRESS ON DIVERSITY IN MILITARY LEADERSHIP. (a) Definition of Diversity.--It is the sense of Congress that the Secretary of Defense and the Secretary of Homeland Security (in the case of the Coast Guard) should develop a uniform definition of diversity that-- (1) encompasses all the different characteristics and attributes of members of the Armed Forces; and (2) is consistent with the core values of the Armed Forces, integral to overall readiness and mission accomplishment, and reflective of the diverse population of the United States. (b) Diversity as a National Security Issue.--It is the sense of Congress that-- (1) diversity is a national security issue and a force multiplier for the Armed Forces and the United States; (2) diversity within the Armed Forces is vitally important, not only with respect to promoting innovation and creativity, but also with respect to developing a more inclusive workforce for a fair and just America; (3) diversity is a necessity to mission readiness and excellence; (4) attracting and employing a diverse and talented team of officers and senior enlisted personnel ultimately enables the Armed Forces to better perform their national security missions and, in the case of the Coast Guard, its essential regulatory missions; and (5) in preparing the Nation for future national security needs, it is important to identify regional and cultural expertise, relevant reserve component civilian expertise, and language expertise upon military accession and throughout the careers of members of the Armed Forces in order to better manage personnel with mission critical skill sets and to leverage that expertise in service to the United States. SEC. 3. DIVERSITY IN MILITARY LEADERSHIP AND RELATED REPORTING REQUIREMENTS. (a) Plan To Achieve Military Leadership Reflecting Diversity of United States Population.-- (1) In general.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Diversity in military leadership: plan ``(a) Plan.--The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall prepare and implement a plan to achieve, between 2031 and 2041, a dynamic, sustainable level of members of the armed forces (including reserve components thereof) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, or ethnic populations and diversified language and cultural skills so as to preserve and enhance the all-volunteer force. ``(b) Metrics To Measure Progress in Developing and Implementing Plan.--The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall develop a standard set of metrics and collection procedures that are uniform across the armed forces, including reserve components thereof, in furtherance of developing and implementing the plan established under subsection (a). The metrics required by this subsection shall be designed-- ``(1) to accurately capture the inclusion and capability aspects of the armed forces broader diversity plans; and ``(2) to be verifiable and systematically linked to strategic plans that will drive improvements. ``(c) Consultation.--Not less than biannually, the Secretary of Defense and the Secretary of Homeland Security shall meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the armed forces to discuss the progress being made toward developing and implementing the plan established under subsection (a). ``(d) Cooperation With States.--The Secretary of Defense shall coordinate with the National Guard Bureau and States in tracking the progress of the National Guard toward developing and implementing the plan established under subsection (a).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``656. Diversity in military leadership: plan.''. (b) Reporting Requirements.-- (1) Inclusion in dod manpower requirements report.--Section 115a(c) of such title is amended by adding at the end the following new paragraph: ``(4) The progress made in implementing the plan required by section 656 of this title to achieve a dynamic, sustainable armed forces that has a membership that will, among both commissioned officers and senior enlisted personnel of each armed force, including reserve components thereof, reflect the diverse population of the United States eligible to serve in the armed forces while still being able to-- ``(A) prevail in any war, prevent and deter any conflict, defeat any adversary, and succeed in a wide range of contingencies; and ``(B) preserve and enhance the all-volunteer force. ``(5) The available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates.''. (2) Coast guard report.-- (A) Annual report required.--The Secretary of Homeland Security shall prepare an annual report addressing diversity among commissioned officers of the Coast Guard and Coast Guard Reserve and among enlisted personnel of the Coast Guard and Coast Guard Reserve in the pay grades E-7 through E-9. The report shall include an assessment of the available pool of qualified candidates for the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates. (B) Submission.--The report shall be submitted each year not later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31, United States Code. Each report shall be submitted to the President, the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Homeland Security of the House of Representatives, and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

Military Leaders Enhancement Act - Directs Secretary of Defense (DOD) and the Secretary of Homeland Security (DHS) in the case of the Coast Guard to: (1) prepare and implement a plan to achieve, between 2031 and 2041, a dynamic, sustainable level of Armed Forces members (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, reflects the diverse population of the United States eligible to serve in the Armed Forces, including gender specific, racial, or ethnic populations and diversified language and cultural skills; and (2) develop a standard set of metrics and collection procedures, uniform across the Armed Forces, to capture the inclusion and capability aspects of the Armed Forces' broader diversity plans and to verify and systematically link to strategic plans. Requires: (1) the DOD and DHS Secretaries, at least biannually, to meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the Armed Forces to discuss progress on the plan; and (2) the DOD Secretary to coordinate with the National Guard Bureau and states in tracking the National Guard's progress on the plan. Directs the DOD Secretary to include in its annual defense manpower requirements report to Congress a discussion of: (1) the progress on implementing the plan while still being able to prevail in any war, prevent and deter any conflict, defeat any adversary, succeed in wide ranges of contingencies, and preserve and enhance the all-volunteer force; (2) the available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates. Directs the DHS Secretary to submit to Congress a related annual report.

To amend title 10, United States Code, to enhance the security of the United States and the readiness of the Armed Forces by increasing diversity within the leadership ranks of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greener Government Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The policies and programs of the Federal Government should encourage sustainable economic development. (2) The Federal Government spends substantial sums annually on the development of new technologies. (3) The development of environmental technologies can enhance the economic competitiveness and environmental security of the United States. (4) In order to contribute to the achievement of sustainable economic development and to promote the economic and environmental security of the United States, environmental concerns should be incorporated into the technology development programs of the Federal Government. SEC. 3. ENVIRONMENTALLY SOUND TECHNOLOGIES IN ONGOING PROGRAMS. (a) Stevenson-Wydler Amendments.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended-- (1) in section 2(2), by inserting ``greater environmental sustainability,'' after ``employment opportunities,''; (2) in section 3(1), by inserting ``for sustainable economic development'' after ``stimulate technology''; (3) in section 4, by adding at the end the following new paragraph: ``(14) `Sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials;''; (4) in section 6(a), by inserting ``and sustainable economic development in their regions'' after ``enhance the competitiveness of American business''; (5) in section 6(d), by inserting ``and sustainable economic development of their regions'' after ``enhance the competitiveness of American businesses''; (6) in section 7(a), by inserting ``and sustainable economic development'' after ``enhance technological innovation''; (7) in section 7(c)(1), by striking ``economic competitiveness'' and inserting ``sustainable economic development''; (8) in section 9(a), by inserting ``and sustainable economic development'' after ``enhance technological innovation''; and (9) in section 11(c)(1) by inserting ``and would enhance sustainable economic development'' after ``commercial applications''. (b) NIST Amendments.--The National Institute of Standards and Technology Act (15 U.S.C. 271) is amended-- (1) in section 1(b)(1), by inserting ``sustainable economic development,'' after ``improved product reliability and manufacturing processes,''; (2) in section 1, by adding after subsection (b) the following new subsection: ``(c) For purposes of the this section, the term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''; and (3) in section 2(b)(1), by inserting ``to enhance sustainable economic development (as that term is defined in section 1(c))'' after ``to improve quality,''. (c) NASA Amendments.--The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 note) is amended-- (1) in section 102(d)-- (A) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and (B) by inserting after paragraph (5) the following new paragraph: ``(6) The making available to Federal and non-Federal entities of the United States, technologies that will enhance the sustainable economic development of the Nation.''; and (2) in section 103-- (A) by striking ``; and'' in paragraph (1) and inserting a semicolon; (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) the term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (d) NSF Amendments.-- (1) Functions.--Section 3(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting a semicolon; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) to foster education and research that would promote sustainable economic development nationally and internationally.''. (2) Definition.--Subsection (g) of section 14 of such Act is amended to read as follows: ``(g) For purposes of this Act: ``(1) The term `United States' when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories and possessions of the United States. ``(2) The term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (e) Title 10 Amendments.-- (1) In general.--Section 2501(b) of title 10, United States Code, is amended by striking ``economic growth'' in paragraphs (1) and (2) and inserting ``sustainable economic development''. (2) Definition.--Section 2491 of such title is amended by adding at the end the following new paragraph: ``(13) The term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (f) Title 49 Amendment.--Section 101(b)(4) of title 49, United States Code, is amended by inserting ``and sustainable economic development (as defined in section 4(14) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(14))'' after ``technological advances''.

Greener Government Act of 1993 - Provides for the incorporation of environmentally sound principles in programs under the Stevenson-Wydler Technology Innovation Act of 1980, the National Institute of Standards and Technology Act, the National Aeronautics and Space Act of 1958, and the National Science Foundation Act of 1950.

Greener Government Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are to authorize statewide early detection, diagnosis, referral, and intervention networks, technical assistance, a national applied research program, and interagency and private sector collaboration for policy development, in order to assist the States in making progress toward the following goals: (1) All babies born in hospitals in the United States and its territories should be screened for hearing loss before leaving the hospital (unless the parents of the children object to the screening). (2) Babies who are not born in hospitals should be screened within the first 3 months of life. (3) Diagnostic audiologic testing, if indicated, should be performed in a timely manner to allow appropriate referral for treatment/intervention before the age of 6 months. (4) All universal newborn hearing screening programs should include a component which ensures linkage to diagnosis and the community system of early intervention services. (5) Public policy in early hearing detection, diagnosis, and intervention should be based on applied research and the recognition that infants, toddlers, and children who are deaf or hard-of-hearing have unique language, learning, and communication needs, and should be the result of consultation with pertinent public and private sectors. SEC. 3. STATEWIDE EARLY DETECTION, DIAGNOSIS, AND INTERVENTION NETWORKS. The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide early detection, diagnosis, and intervention networks for the following purposes: (1) To develop State capacity to support newborn hearing loss detection, diagnosis, and intervention. (2) To monitor the extent to which hearing detection is conducted in birthing hospitals throughout the State, and assist in the development of universal newborn hearing detection programs in birthing hospitals and nonhospital birthing sites. (3) To develop statewide models which ensure effective screening, referral, and linkage with appropriate diagnostic, medical, and qualified early intervention services, providers, and programs within the community. (4) To collect data on statewide early detection, diagnosis, and intervention that can be used for applied research and policy development. SEC. 4. TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH. (a) Centers for Disease Control and Prevention.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment/intervention. The program shall carry out the following: (1) Provide technical assistance on data collection and management. (2) Develop standardized procedures for data management to ensure quality monitoring of infant hearing loss detection, diagnosis, and intervention programs. (3) Study the costs and effectiveness of hearing detection conducted by State-based programs in order to answer issues of importance to national and State policymakers. (4) Identify the causes and risk factors for congenital hearing loss that might lead to the development of preventive interventions. (5) Study the effectiveness of early hearing detection, diagnosis, and treatment/intervention programs by assessing the health, developmental, cognitive, and language status of these children at school age. (6) Promote the sharing of data regarding early hearing loss with State-based birth defects and developmental disabilities monitoring programs for the purpose of identifying previously unknown causes of hearing loss. (b) National Institutes of Health.--The Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall for purposes of this Act carry out a program of research on the efficacy of new screening techniques and technology, including clinical trials of screening methods, studies on efficacy of intervention, and related basic and applied research. SEC. 5. COORDINATION AND COLLABORATION. (a) In General.--In carrying out programs under this Act, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with other Federal agencies; State and local agencies (including those responsible for early intervention services pursuant to part C of the Individuals with Disabilities Education Act); consumer groups serving individuals who are deaf and hard-of-hearing; persons who are deaf and hard-of-hearing and their families; qualified professional personnel who are proficient in deaf or hard-of-hearing children's language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard-of-hearing infants, toddlers, children, and their families; other health and education professionals and organizations; third-party payers and managed care organizations; and related commercial industries. (b) Policy Development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer and professional based organizations, with respect to early hearing detection, diagnosis, and treatment/ intervention. (c) State Early Detection, Diagnosis, and Intervention Networks; Data Collection.--The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish early detection, diagnosis, and intervention networks under section 3 and to develop a data collection system under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Statewide Early Detection, Diagnosis, and Intervention Networks.--For the purpose of carrying out section 3, there are authorized to be appropriated $5,000,000 for fiscal year 1999, $8,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003. (b) Technical Assistance, Data Management, and Applied Research.-- (1) Centers for disease control and prevention.--For the purpose of carrying out section 4(a), there are authorized to be appropriated $5,000,000 for fiscal year 1999, $7,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003. (2) National institutes of health.--For the purpose of carrying out section 4(b), there are authorized to be appropriated $3,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003.

Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations.

Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Access and Networks for Sports Act'' or the ``FANS Act''. SEC. 2. DEFINITION. In this Act, the term ``Sports Broadcasting Act of 1961'' means the Act of September 30, 1961 (15 U.S.C. 1291 et seq.). SEC. 3. AMENDMENTS TO THE SPORTS BROADCASTING ACT OF 1961. (a) Elimination of Antitrust Exemption for Sports Blackouts During Retransmission Consent Negotiations.--Section 1 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1291) is amended by adding at the end the following: ``The antitrust exemption established under this section shall not apply to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522)), when such removal occurs during or is related to a negotiation regarding carriage of the games of such league by the multichannel video programming distributor.''. (b) Elimination of Antitrust Exemption for Local Sports Blackouts.--Section 2 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1292) is amended by striking ``, except within the home territory of a member club of the league on a day when such club is playing a game at home''. (c) Availability of Games Over the Internet Where Not Otherwise Available on Television.--The Sports Broadcasting Act of 1961 is amended-- (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: ``Sec. 4. ``(a) The antitrust exemption established under section 1 of this Act shall not apply to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not make a sponsored telecast of a covered game available to consumers, for a fee or otherwise, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. ``(b) For purposes of this section-- ``(1) the term `covered game' means a game that-- ``(A) is played in the home territory of a member club of a league described in subsection (a); and ``(B) is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor; ``(2) the term `multichannel video programming distributor' has the meaning given the term in section 602 of the Communications Act of 1934 (47 U.S.C. 522); ``(3) the term `television broadcast station' has the meaning given the term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)); and ``(4) the term `Internet platform' means a delivery mechanism that uses packet-switched protocol or any successor technology.''. SEC. 4. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE BASEBALL. Section 27 of the Clayton Act (15 U.S.C. 26b) is amended-- (1) in subsection (a)-- (A) by striking ``subsections (b) through (d)'' and inserting ``subsections (b) and (c)''; and (B) by striking ``directly relating to or affecting employment of major league baseball players to play baseball at the major league level''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``, any conduct, acts, practices or agreements that do not directly relate to or affect employment of major league baseball players to play baseball at the major league level, including but not limited to''; (B) in paragraph (3)-- (i) by inserting ``or'' before ``franchise ownership''; and (ii) by striking ``, the relationship'' and all that follows through ``collectively''; (C) by striking paragraph (4); and (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (3) by striking subsection (c); and (4) by redesignating subsection (d) as subsection (c). SEC. 5. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any contract or agreement entered into or modified by a league subject to the requirements of the Sports Broadcasting Act of 1961 on or after the date of enactment of this Act.

Furthering Access and Networks for Sports Act or the FANS Act - Amends the Sports Broadcasting Act of 1961 to deny the antitrust exemption for joint agreements covering the telecasting of sports contests to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not: (1) expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor when such removal occurs during, or is related to a negotiation regarding, carriage of the league's games by such distributor; or (2) make a sponsored telecast of a game that is played in the home territory of a member club available to consumers, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. Repeals the exception that allows the antitrust exemption for such a joint agreement that prohibits televising games within the home territory of a member club on a day when such club is playing at home. Amends the Clayton Act to: (1) subject the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball (currently, only such conduct, acts, practices, or agreements directly relating to or affecting employment of major league baseball players at the major league level) to the antitrust laws to the same extent that such conduct, acts, practices, or agreements engaged in by persons in any other professional sports business affecting interstate commerce are subject to such laws; and (2) repeal provisions granting only a major league baseball player standing to sue. Eliminates provisions specifying that such Act does not create, permit, or imply a cause of action by which to challenge under the antitrust laws: (1) the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball, and the licensing of intellectual property rights owned or held by organized professional baseball teams; or (2) any conduct, acts, practices, or agreements protected by the Sports Broadcasting Act of 1961.

FANS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambassador's Fund for Strategic Exchanges Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States has a strategic national interest in improving its image around the world, given the historically low levels of public opinion toward the United States in many countries. (2) International exchange programs have been proven to be one of the most beneficial and cost-effective means by which to promote mutual understanding between citizens of the United States and citizens of other countries and to advance United States national interests through closer working partnerships with leaders around the world. (3) Prominent world leaders during recent decades, such as Tony Blair and Anwar Sadat, have deepened their friendship and openness to the United States through international exchanges, and many persons who previously had highly anti-American opinions have changed their views after participating in exchange programs organized by the United States Government. (4) United States exchange programs, such as the International Visitors Program, make a tremendous impact in the lives of those individuals who participate and consistently are ranked by public diplomacy experts as some of the most effective public diplomacy programs. (5) The International Visitors Program of the United States Department of State organizes exchange programs for anticipated future leaders in their countries who travel to the United States for programs generally of three weeks, and it produces very positive results among its target audience. (6) Another key target audience for United States exchanges is not addressed by the International Visitors Program; this group includes current political, economic, and civil society leaders, often from less privileged backgrounds, who have not traveled to the United States previously. (7) Such persons currently in leadership positions in their countries are often unable to leave their jobs for a period of three weeks, given the press of their responsibilities, and United States embassies administering exchange programs not infrequently find that identified candidates for International Visitor Program exchanges decline participation because of this fact. (8) A number of United States embassies, including the embassy in Baghdad, Iraq, have piloted country-specific, embassy-initiated exchange programs targeted to such groups of current leaders who have never traveled to the United States. These programs generally last from 5-7 program days and bring together 8-10 participants from a country who work on similar issues but have not worked with each other before. Some of these programs have been coordinated with the Voluntary Visitors Division of the International Visitors Office in the Bureau of Educational and Cultural Affairs of the Department of State. (9) Such programs have proven highly effective in having an immediate impact on current leaders working in key sectors and in helping advance United States interests such as greater democratization, observance of human rights, economic reform and poverty alleviation, empowerment of women and girls, and improved cooperation with the United States in confronting threats from organized crime, narco-trafficking, and terrorist groups. These programs also promote greater cooperation across sectors, agencies, and regions within a country, given the shared experience the exchange visitors have together during their trip to the United States. (10) A key element of the success of these pilot exchanges is that they are conceived and developed in individual embassies overseas, keyed to specific interests of the United States in each country. (11) However, these pilot exchanges currently have not been replicated widely within the Department of State, being confined to only a few United States embassies around the world, because there are no Department-wide programmatic guidelines or central funding for these exchange programs. SEC. 3. AMBASSADOR'S FUND FOR STRATEGIC EXCHANGES. (a) In General.--The Secretary of State shall establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs a program to conduct public diplomacy exchanges, to be known as the ``Ambassador's Fund for Strategic Exchanges'', to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance key United States strategic goals. (b) Coordination.--Under the program established pursuant to subsection (a), each United States embassy and the Office of International Visitors shall coordinate to develop the short-term exchange visits described in such subsection. (c) Number and Duration.--The short-term exchange visits shall be for groups of up to between eight and ten participants, and shall be for visits of five to eight days. (d) Areas of Focus.--The key United States strategic goals referred to in subsection (a) may include the following, as determined by the individual United States embassy and the Office of International Visitors: (1) Strengthening democracy and human rights. (2) Advancing the rule of law. (3) Strengthening cooperation in the fight against terrorism, organized crime, and drug trafficking. (4) Reducing poverty and promoting economic reform. (5) Empowering women and girls. (6) Broadening political and economic participation to include traditionally excluded groups. (7) Other embassy and Office of International Visitors- identified priority purposes. (e) Selection.--The Bureau of Educational and Cultural Affairs shall solicit proposals from United States embassies for short-term exchange visits and select among them on a competitive basis. (f) Cost-sharing and Funding.-- (1) In general.--In accordance with paragraphs (2) and (3), as appropriate, the Bureau of Educational and Cultural Affairs and the United States embassies shall engage in cost-sharing in carrying out the short-term exchange visits. (2) Bureau of educational and cultural affairs.--From amounts authorized to be appropriated to carry out this Act pursuant to section 4 and from amounts made available for the regular program budget of the Voluntary Visitors Division, such sums as may be necessary are authorized to be appropriated to the Bureau of Educational and Cultural Affairs to carry out the short-term exchange visits. Such visits shall be treated in the same manner as Voluntary Visitor trips are treated. (3) United states embassies.-- (A) In general.--From amounts authorized to be appropriated to carry out this Act and from amounts made available for the public diplomacy budgets of United States embassies, such sums as may be necessary are authorized to be appropriated to such embassies to carry out the short-term exchange visits. Allowable expenses associated with such visits include airfares, pre-departure expenses, and such other expenses as are needed to allow individuals to travel to the United States to participate in such visits. (B) Rule of construction.--Nothing in this section may be construed as imposing any restrictions, such as restrictions included in the Foreign Affairs Manual of the Department of State, on the ability of United States embassies to pay for airfares of individuals participating in the short-term exchange visits. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this Act. (b) Additional Amounts.--In addition to amounts authorized to be appropriated pursuant to subsection (a), there are authorized to be appropriated $1,500,000 to the International Visitors Program for Professional and Cultural Exchanges for short-term exchange visits conducted under the auspices of the Ambassador's Fund for Strategic Exchanges. Such amounts shall be administered by the Bureau of Educational and Cultural Affairs.

Ambassador's Fund for Strategic Exchanges Act of 2009 - Directs the Secretary of State to establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs the Ambassador's Fund for Strategic Exchanges to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance U.S. strategic goals. Authorizes appropriations.

To establish a public diplomacy international exchange program to be known as the Ambassador's Fund for Strategic Exchanges, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative Autonomy Act of 2002''. (b) References in Act.--Except as may otherwise be provided, whenever in this Act an amendment 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 that section or other provision of the District of Columbia Home Rule Act. SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1-206.04, D.C. Official Code). (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. SEC. 3. CONFORMING AMENDMENTS. (a) District of Columbia Home Rule Act.--(1) Section 303 (sec. 1- 203.03, D.C. Official Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-204.04(3), D.C. Official Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 1-204.62, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 1-204.72(d), D.C. Official Code) is amended to read as follows: ``(d) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a).''. (5) Section 475(e) (sec. 1-204.75(e), D.C. Official Code) is amended to read as follows: ``(e) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section.''. (b) Other Laws.--(1) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.102(b)(1). D.C. Official Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (2) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.105, D.C. Official Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (3) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1001.16, D.C. Official Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2002.

District of Columbia Legislative Autonomy Act of 2002 - Amends the District of Columbia Home Rule Act to repeal the mandate for congressional review of newly-passed District laws.

To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly-passed District laws.

SECTION 1. EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. (a) Uses of Funds.--Subsection (a) of section 1054 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by inserting ``, including teenage parents, obtain educational skills and'' after ``help parents''; (2) by redesignating paragraphs (6) and (7) as (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) the provision that whenever feasible, data regarding the number, age, sex, race, and ethnicity of participants is collected;''. (b) Eligible Participants.--Section 1055 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1), by striking ``and''; (2) in paragraph (2), by striking the period and inserting ``; and''; and by adding at the end the following: ``(3) pregnant teenagers, teenage parents, and the children of such teenagers.''. (c) Applications.--Paragraph (5) of section 1056(c) is amended-- (1) by striking ``and'' after ``proficiency'' and inserting a comma; and (2) by inserting ``and teenage parents'' after ``handicaps''. SEC. 2. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY. (a) Allocation.--Subsection (c) of section 1102 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end of paragraph (2) the following: ``(3) Each State educational agency shall allocate not less than 25 percent of the funds available to local educational agencies in the State to dropout prevention and reentry programs which-- ``(A) are specifically designed to serve pregnant teenagers and teenage parents; or ``(B) include services or the coordination of services for pregnant teenagers and teenage parents.''. (b) Uses of Funds.--Subsection (c) of section 1103 of the Elementary and Secondary Education Act of 1965 is amended in paragraph (4), by inserting ``sex, race or ethnicity,'' after ``number, ages,''. (c) Applications.--Subsection (b) of section 1104 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (10), (11), (12), and (13), respectively; (2) by inserting after paragraph (7) the following: ``(8) assure that set-aside programs for pregnant teenagers and teenage parents provide, either directly or in conjunction with other programs, academic skills training, parenting and child development classes, onsite child care or transportation to a nearby facility, and an outreach program to reach such teenagers; ``(9) assure that whenever practicable, the set-aside programs for pregnant teenagers and teenage parents include the provision for health care, job training, other support services such as transportation, life skills training, mentor support, counseling services, scheduling flexibility, and referrals for community resources;''. SEC. 3. LOCAL TARGETED ASSISTANCE PROGRAMS. Paragraph (1) of section 1531(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, pregnant teenagers and teenage parents'' after ``dropping out''. SEC. 4. STATE AND LOCAL PLANS. (a) State Plans.--Subparagraph (C) of section 5122(b)(2) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``or is a parent'' after ``pregnant''. (b) Local Drug Abuse Education and Prevention Programs.--Subsection (a) of section 5125 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (15) and (16) as (16) and (17), respectively; and (2) inserting after paragraph (14) the following: ``(15) programs that address the special needs of pregnant teenagers and teenage parents;''. SEC. 5. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROGRAMS. (a) Grants to Local Educational Agencies.--Section 6004 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating subsections (b) through (f) as (c) through (g), respectively; and (2) by inserting after subsection (a) the following: ``(b) In addition to the allocation requirements of subsection (a), the Secretary shall ensure that not less than 25 percent of the total funds available are used to develop programs specifically designed to serve pregnant teenagers or teenage parents.''. (b) Application.--Subparagraph (A) of section 6005(b)(1) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, and if practicable, the age, sex, race and ethnicity'' after ``number''. (c) Reports.--Subsection (a) of section 6008 of the Elementary and Secondary Education Act of 1965 is amended by inserting ``age, sex,'' after ``school students by''. SEC. 6. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT. Section 6106 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (8), (9), and (10) as paragraphs (10), (11), and (12) respectively; (2) by inserting after paragraph (7) the following: ``(8) an assurance that set-aside programs for pregnant teenagers and teenage parents provide, either directly or in conjunction with other programs, academic skills training, parenting and child development classes, onsite child care or transportation to a nearby facility, and an outreach program to reach such teenagers; ``(9) an assurance that whenever practicable, the set-aside programs for pregnant teenagers and teenage parents include the provision for health care, job training, other support services such as transportation, life skills training, mentor support, counseling services, scheduling flexibility, and referrals for community resources;''.

Amends the Elementary and Secondary Education Act of 1965 to specify requirements with respect to pregnant teenagers, teenage parents, and the children of such teenagers for: (1) Even Start programs; (2) secondary school programs for basic skills improvement and dropout prevention and reentry; (3) local targeted assistance programs; (4) State and local drug abuse education and prevention programs; (5) assistance to address school dropout problems; and (6) assistance to provide basic skills improvement.

To amend the Elementary and Secondary Education Act of 1965 to ensure that needs of pregnant and parenting teenagers are addressed by the education system, and for other purposes.

SECTION 1. PROJECT FOR NAVIGATION, WELLS HARBOR, MAINE. (a) In General.--The project for navigation, Wells Harbor, Maine, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480), is modified to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. (b) Deauthorization of Certain Portions.--The following portions of the project are not authorized after the date of enactment of this Act: (1) The portion of the 6-foot channel the boundaries of which begin at a point with coordinates N177,992.00, E394,831.00, thence running south 83 degrees 58 minutes 14.8 seconds west 10.38 feet to a point N177,990.91, E394,820.68, thence running south 11 degrees 46 minutes 47.7 seconds west 991.76 feet to a point N177,020.04, E394,618.21, thence running south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a point N177,018.00, E394,628.00, thence running north 11 degrees 46 minutes 22.8 seconds east 994.93 feet to the point of origin. (2) The portion of the 6-foot anchorage the boundaries of which begin at a point with coordinates N177,778.07, E394,336.96, thence running south 51 degrees 58 minutes 32.7 seconds west 15.49 feet to a point N177,768.53, E394,324.76, thence running south 11 degrees 46 minutes 26.5 seconds west 672.87 feet to a point N177,109.82, E394,187.46, thence running south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a point N177,107.78, E394,197.25, thence running north 11 degrees 46 minutes 25.4 seconds east 684.70 feet to the point of origin. (3) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates N177,107.78, E394,197.25, thence running north 78 degrees 13 minutes 45.7 seconds west 10.00 feet to a point N177,109.82, E394,187.46, thence running south 11 degrees 46 minutes 15.7 seconds west 300.00 feet to a point N176,816.13, E394,126.26, thence running south 78 degrees 12 minutes 21.4 seconds east 9.98 feet to a point N176,814.09, E394,136.03, thence running north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to the point of origin. (4) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates N177,018.00, E394,628.00, thence running north 78 degrees 13 minutes 45.7 seconds west 10.00 feet to a point N177,020.04, E394,618.21, thence running south 11 degrees 46 minutes 44.0 seconds west 300.00 feet to a point N176,726.36, E394,556.97, thence running south 78 degrees 12 minutes 30.3 seconds east 10.03 feet to a point N176,724.31, E394,566.79, thence running north 11 degrees 46 minutes 22.4 seconds east 300.00 feet to the point of origin. (c) Redesignations.--The following portions of the project shall be redesignated as part of the 6-foot anchorage: (1) The portion of the 6-foot channel the boundaries of which begin at a point with coordinates N177,990.91, E394,820.68, thence running south 83 degrees 58 minutes 40.8 seconds west 94.65 feet to a point N177,980.98, E394,726.55, thence running south 11 degrees 46 minutes 22.4 seconds west 962.83 feet to a point N177,038.40, E394,530.10, thence running south 78 degrees 13 minutes 45.7 seconds east 90.00 feet to a point N177,020.04, E394,618.21, thence running north 11 degrees 46 minutes 47.7 seconds east 991.76 feet to the point of origin. (2) The portion of the 10-foot inner harbor settling basin the boundaries of which begin at a point with coordinates N177,020.04, E394,618.21, thence running north 78 degrees 13 minutes 30.5 seconds west 160.00 feet to a point N177,052.69, E394,461.58, thence running south 11 degrees 46 minutes 45.4 seconds west 299.99 feet to a point N176,759.02, E394,400.34, thence running south 78 degrees 13 minutes 17.9 seconds east 160 feet to a point N176,726.36, E394,556.97, thence running north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to the point of origin. (3) The portion of the 6-foot anchorage the boundaries of which begin at a point with coordinates N178,102.26, E394,751.83, thence running south 51 degrees 59 minutes 42.1 seconds west 526.51 feet to a point N177,778.07, E394,336.96, thence running south 11 degrees 46 minutes 26.6 seconds west 511.83 feet to a point N177,277.01, E394,232.52, thence running south 78 degrees 13 minutes 17.9 seconds east 80.00 feet to a point N177,260.68, E394,310.84, thence running north 11 degrees 46 minutes 24.8 seconds east 482.54 feet to a point N177,733.07, E394,409.30, thence running north 51 degrees 59 minutes 41.0 seconds east 402.63 feet to a point N177,980.98, E394,726.55, thence running north 11 degrees 46 minutes 27.6 seconds east 123.89 feet to the point of origin. (d) Realignment.--The 6-foot anchorage area described in subsection (c)(3) shall be realigned to include the area located south of the inner harbor settling basin in existence on the date of enactment of this Act beginning at a point with coordinates N176,726.36, E394,556.97, thence running north 78 degrees 13 minutes 17.9 seconds west 160.00 feet to a point N176,759.02, E394,400.34, thence running south 11 degrees 47 minutes 03.8 seconds west 45 feet to a point N176,714.97, E394,391.15, thence running south 78 degrees 13 minutes 17.9 seconds 160.00 feet to a point N176,682.31, E394,547.78, thence running north 11 degrees 47 minutes 03.8 seconds east 45 feet to the point of origin. (e) Relocation.--The Secretary of the Army may relocate the settling basin feature of the project to the outer harbor between the jetties. (f) Enforcement of Conservation Easement.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may accept the conveyance of the right, but not the obligation, to enforce a conservation easement to be held by the State of Maine over certain land owned by the town of Wells, Maine, that is adjacent to the Rachel Carson National Wildlife Refuge.

Modifies the project for navigation, Wells Harbor, Maine, to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. Deauthorizes specified portions of the project.

A bill to modify, and to deauthorize certain portions of, the project for navigation at Wells Harbor, Maine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Modification Reform Act of 2010''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``covered trial loan modification'' means a trial loan modification-- (A) offered by a servicer to a homeowner under a home loan modification program; and (B) for which the servicer has received from the homeowner the information required for a trial loan modification; (2) the term ``home loan modification program'' means a home loan modification program put into effect by the Secretary under title I of division A of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), including the Home Affordable Modification Program; (3) the term ``homeowner'' means an individual who applies for a home loan modification under a home loan modification program; (4) the term ``permanent loan modification'' means any agreement reached between a homeowner and a servicer on a long- term basis, as determined by the Secretary, under a home loan modification program; (5) the term ``qualified counselor'' means a qualified counselor described in section 255(f) of the National Housing Act (12 U.S.C. 1715z-20(f)); (6) the term ``Secretary'' means the Secretary of the Treasury; (7) the term ``servicer'' has the same meaning as in section 129 of the Truth in Lending Act (15 U.S.C. 1639a) (relating to the duties of servicers of residential mortgages), as added by section 201(b) of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638); (8) the term ``servicer incentive payment'' means a payment that is made by the Secretary to a servicer-- (A) in exchange, or as an incentive, for making a loan modification under a home loan modification program; and (B) at the time the servicer makes an offer of a trial or permanent modification to a homeowner; and (9) the term ``trial loan modification'' means any agreement reached between a homeowner and a servicer on a temporary basis, as determined by the Secretary, under a home loan modification program. SEC. 3. FORECLOSURE. A servicer may not initiate or continue a foreclosure proceeding with respect to the mortgage of a homeowner if-- (1) the homeowner submitted an application for a loan modification under a home loan modification program-- (A) before receiving a notice of foreclosure from the servicer; or (B) not later than 30 days after the homeowner received a notice of foreclosure from the servicer; and (2) the servicer has not made a determination, as described in section 5(a) that the homeowner does not qualify for a loan modification under a home loan modification program. SEC. 4. PROCESS FOR REVIEW OF IMPROPER DENIALS. (a) Process for Review.-- (1) In general.--The Secretary shall establish a process by which a homeowner may request the Secretary to review a denial by a servicer of an application by the homeowner for a trial loan modification or permanent loan modification. (2) Qualified counselors.--The process established under paragraph (1) shall include the use of qualified counselors to report wrongful denials of trial loan modifications and permanent loan modifications. (3) Supporting documentation.--The Secretary shall require a servicer to submit supporting documentation with respect to any denial by the servicer of an application by a homeowner for a trial loan modification or permanent loan modification that is reviewed by the Secretary under the process established under paragraph (1). (b) Penalties.--If the Secretary determines after a review under the process established under subsection (a) that a servicer has wrongly denied the application of a homeowner for a trial loan modification or a permanent loan modification, the Secretary shall impose a penalty on the servicer. SEC. 5. PENALTIES FOR SERVICERS THAT DO NOT TIMELY EVALUATE HOMEOWNERS. (a) Time for Evaluation of Homeowners.--Not later than 3 months after the date on which a homeowner submits an application for a loan modification to a servicer that participates in a home loan modification program, the servicer shall-- (1) evaluate the application of the homeowner; and (2) notify the homeowner that-- (A) the homeowner is qualified for a trial loan modification or a permanent loan modification under the home loan modification program; or (B) the servicer has denied the application. (b) Priority for Evaluating Amendments.-- (1) Priority.--A servicer that participates in a home loan modification program shall evaluate the applications of homeowners for loan modifications in the order in which the servicer receives the applications. (2) Prohibition.--A servicer that participates in a home loan modification program may not select the order in which the applications of homeowners are evaluated for loan modifications-- (A) on the basis of-- (i) the income of the homeowner that made the application; or (ii) the value of the loan for which a modification is requested; or (B) for any reason other than the time at which the servicer receives the applications. (c) Late Fees for Servicers.-- (1) Reduced servicer incentive payments for loans individual homeowners.--The Secretary shall reduce the amount of any servicer incentive payment with respect to the loan modification of an individual homeowner by 10 percent for each full month that-- (A) follows the date that is 3 months after the date on which the homeowner submits an application for a loan modification to the servicer; and (B) precedes the date on which the servicer notifies the homeowner under subsection (a)(2). (2) Reduced payments for all loans.--If the Secretary determines that, on the date that is 3 months after the date of enactment of this Act, less than 75 percent of all homeowners who applied to a servicer for loan modifications under a home loan modification program have been evaluated within 3 months of the date of the application, the Secretary shall reduce by 25 percent the amount of any servicer incentive payment the servicer would otherwise be eligible to receive under the home loan modification program. (d) Delinquency Fees Charged to Homeowners.--No servicer may impose a fee on a homeowner due to delinquency during the period beginning on the date on which the homeowner submits an application to the servicer for a loan modification and ending on the date on which the homeowner receives notice under subsection (a)(2). (e) Collection and Report of Data.-- (1) Collection of data.--Each servicer shall report to the Secretary, at such time and in such manner as the Secretary may determine, data relating to the processing by the servicer of applications for loan modifications. (2) Report of data.--The Secretary shall publish a monthly report containing the data collected under paragraph (1). SEC. 6. REDUCED PAYMENTS FOR FAILURE TO EVALUATE HOMEOWNERS FOR PERMANENT MODIFICATIONS. If the Secretary determines that, on the date that is 3 months after the date of enactment of this Act, less than 70 percent of all covered trial loan modifications offered by a servicer have been evaluated for conversion to permanent loan modifications before the date that is 3 months after the date on which the servicer and the homeowner entered into an agreement for a trial loan modification, the Secretary shall reduce by 25 percent the amount of any servicer incentive payment the servicer would otherwise be eligible to receive under the home loan modification program. Such reduction shall be in addition to any other reduction in payment that may have been imposed on the servicer for any other violation of this Act. SEC. 7. RULE OF CONSTRUCTION RELATING TO PAYMENTS TO HOMEOWNERS. Nothing in this Act may be construed to require a reduction of a payment by the Secretary made on behalf or for the benefit of a homeowner in connection with a loan modification.

Mortgage Modification Reform Act of 2010 - Prohibits a residential mortgage servicer from initiating or continuing a foreclosure on a homeowner's mortgage if: (1) the homeowner applied for a loan modification under a home loan modification program either before receiving notice of the foreclosure or within 30 days after receiving it; and (2) the servicer has not yet determined that the homeowner does not qualify under a home loan modification program. Directs the Secretary of the Treasury to establish a process by which a homeowner may request review of a servicer's denial of an application for either a trial or a permanent loan modification. Subjects servicers to administrative penalties for wrongful denial of a loan modification application. Requires servicers to evaluate loan applications in the order received, and to notify the homeowner within three months after the date of application submission. Requires the Secretary to reduce servicer incentive payments for tardy evaluations by servicers of loan modification applications. Prohibits servicers from imposing a delinquency fee upon homeowners while the loan modification application is pending.

A bill to establish penalties for servicers that fail to timely evaluate the applications of homeowners under home loan modification programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Financial Freedom Act''. SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new flush sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4)(A) of the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Financial Freedom Act had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending after December 31, 2000. SEC. 4. GRADUAL INCREASE IN AGE FOR REQUIRED MINIMUM DISTRIBUTIONS FROM PENSION PLANS. (a) In General.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 (defining required beginning date) is amended-- (1) by striking ``age 70\1/2\'' and inserting ``the applicable age'', and (2) by adding at the end the following new clause: ``(v) Applicable age.--For purposes of this subparagraph, the applicable age shall be determined in accordance with the following table: Applicable ``Calendar year: Age: 2000.......................................... 71 2001.......................................... 72 2002.......................................... 73 2003.......................................... 74 2004.......................................... 75 2005.......................................... 76 2006.......................................... 77 2007.......................................... 78 2008.......................................... 79 2009.......................................... 80 2010.......................................... 81 2011.......................................... 82 2012.......................................... 83 2013.......................................... 84 2014 and thereafter........................... 85.'' (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 1999.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits. Amends the IRC to provide for a graduated increase in age from calendar year 2000 to 2014 and thereafter for required distributions from qualified trusts.

Senior Citizens' Financial Freedom Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lackawanna Valley American Heritage Area Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the industrial and cultural heritage of northeastern Pennsylvania, including Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, related directly to anthracite and anthracite-related industries, is nationally significant; (2) the industries referred to in paragraph (1) include anthracite mining, ironmaking, textiles, and rail transportation; (3) the industrial and cultural heritage of the anthracite and anthracite-related industries in the region described in paragraph (1) includes the social history and living cultural traditions of the people of the region; (4) the labor movement of the region played a significant role in the development of the Nation, including-- (A) the formation of many major unions such as the United Mine Workers of America; and (B) crucial struggles to improve wages and working conditions, such as the 1900 and 1902 anthracite strikes; (5)(A) the Secretary of the Interior is responsible for protecting the historical and cultural resources of the United States; and (B) there are significant examples of those resources within the region described in paragraph (1) that merit the involvement of the Federal Government to develop, in cooperation with the Lackawanna Heritage Valley Authority, the Commonwealth of Pennsylvania, and local and governmental entities, programs and projects to conserve, protect, and interpret this heritage adequately for future generations, while providing opportunities for education and revitalization; and (6) the Lackawanna Heritage Valley Authority would be an appropriate management entity for a Heritage Area established in the region described in paragraph (1). (b) Purposes.--The purposes of the Lackawanna Valley American Heritage Area and this Act are-- (1) to foster a close working relationship among all levels of government, the private sector, and the local communities in the anthracite coal region of northeastern Pennsylvania and enable the communities to conserve their heritage while continuing to pursue economic opportunities; and (2) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the 4-county region described in subsection (a)(1). SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Lackawanna Valley American Heritage Area established by section 4. (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area specified in section 4(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 6(b). (4) Partner.--The term ``partner'' means-- (A) a Federal, State, or local governmental entity; and (B) an organization, private industry, or individual involved in promoting the conservation and preservation of the cultural and natural resources of the Heritage Area. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA. (a) Establishment.--There is established the Lackawanna Valley American Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of all or parts of Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, Pennsylvania, determined in accordance with the compact under section 5. (c) Management Entity.--The management entity for the Heritage Area shall be the Lackawanna Heritage Valley Authority. SEC. 5. COMPACT. (a) In General.--To carry out this Act, the Secretary shall enter into a compact with the management entity. (b) Contents of Compact.--The compact shall include information relating to the objectives and management of the area, including-- (1) a delineation of the boundaries of the Heritage Area; and (2) a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of Management Entity.--The management entity may, for the purposes of preparing and implementing the management plan, use funds made available under this Act-- (1) to make loans and grants to, and enter into cooperative agreements with, any State or political subdivision of a State, private organization, or person; and (2) to hire and compensate staff. (b) Management Plan.-- (1) In general.--The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area. (2) Consideration of other plans and actions.--The management plan shall-- (A) take into consideration State, county, and local plans; (B) involve residents, public agencies, and private organizations working in the Heritage Area; and (C) include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. (3) Specification of funding sources.--The management plan shall specify the existing and potential sources of funding available to protect, manage, and develop the Heritage Area. (4) Other required elements.--The management plan shall include the following: (A) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the purposes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its historical, cultural, natural, recreational, or scenic significance. (B) A recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the historical, cultural, natural, and recreational resources of the Heritage Area in a manner that is consistent with the support of appropriate and compatible economic viability. (C) A program for implementation of the management plan by the management entity, including-- (i) plans for restoration and construction; and (ii) specific commitments of the partners for the first 5 years of operation. (D) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act. (E) An interpretation plan for the Heritage Area. (5) Submission to secretary for approval.-- (A) In general.--Not later than the last day of the 3-year period beginning on the date of enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (B) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the day referred to in subparagraph (A), the Secretary shall not, after that day, provide any grant or other assistance under this Act with respect to the Heritage Area until a management plan for the Heritage Area is submitted to the Secretary. (c) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions specified in the compact and management plan, including steps to assist units of government and nonprofit organizations in preserving the Heritage Area; (2) assist units of government and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the historical, natural, and architectural resources and sites in the Heritage Area; and (D) restoring historic buildings that relate to the purposes of the Heritage Area; (3) encourage economic viability in the Heritage Area consistent with the goals of the management plan; (4) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the management plan; (5) assist units of government and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are placed throughout the Heritage Area; (6) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (7) conduct public meetings not less often than quarterly concerning the implementation of the management plan; (8) submit substantial amendments (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the Secretary's approval; and (9) for each year in which Federal funds have been received under this Act-- (A) submit a report to the Secretary that specifies-- (i) the accomplishments of the management entity; (ii) the expenses and income of the management entity; and (iii) each entity to which any loan or grant was made during the year; (B) make available to the Secretary for audit all records relating to the expenditure of such funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of such funds. (d) Use of Federal Funds.-- (1) Funds made available under this act.--The management entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (2) Funds from other sources.--Nothing in this Act precludes the management entity from using Federal funds obtained through law other than this Act for any purpose for which the funds are authorized to be used. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.-- (A) Provision of assistance.--The Secretary may, at the request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan. (B) Priority in assistance.--In assisting the management entity, the Secretary shall give priority to actions that assist in-- (i) conserving the significant historical, cultural, and natural resources that support the purposes of the Heritage Area; and (ii) providing educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (2) Expenditures for non-federally owned property.-- (A) In general.--To further the purposes of this Act, the Secretary may expend Federal funds directly on non-federally owned property, especially for assistance to units of government relating to appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (B) Studies.--The Historic American Buildings Survey/Historic American Engineering Record shall conduct such studies as are necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. (b) Approval and Disapproval of Management Plans.-- (1) In general.--The Secretary, in consultation with the Governor of the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receipt of the management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the management plan. (B) Deadline for approval of revision.--The Secretary shall approve or disapprove a proposed revision within 90 days after the date on which the revision is submitted to the Secretary. (c) Approval of Amendments.-- (1) Review.--The Secretary shall review substantial amendments (as determined under section 6(c)(8)) to the management plan for the Heritage Area. (2) Requirement of approval.--Funds made available under this Act shall not be expended to implement the amendments described in paragraph (1) until the Secretary approves the amendments. SEC. 8. SUNSET PROVISION. The Secretary shall not provide any grant or other assistance under this Act after September 30, 2012. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this Act for any fiscal year. (b) 50 Percent Match.--The Federal share of the cost of activities carried out using any assistance or grant under this Act shall not exceed 50 percent.

Lackawanna Valley American Heritage Area Act of 1998 - Establishes the Lackawanna Valley American Heritage Area in Pennsylvania. Requires the Lackawanna Heritage Valley Authority (the management entity for the Area) to develop and submit to the Secretary for approval a management plan that presents comprehensive recommendations for the conservation, funding, management, and development of the Area. Prohibits the use of Federal funds received under this Act to acquire real property or interest therein. Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan. Terminates any grant or other assistance under this Act after September 30, 2012. Authorizes appropriations. Limits the Federal share of the cost of activities carried out using any assistance or grant under this Act to 50 percent.

Lackawanna Valley American Heritage Area Act of 1998

SECTION 1. SHORT TITLE. This legislation may be cited as the ``Puerto Rico Admission Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The territory of Puerto Rico has a population of more than 3.4 million, and United States citizenship has been granted to individuals born in the islands for one hundred years. (2) The territory has an insular government that, subject to Federal law, exercises authority similar to that possessed by the governments of the several States. (3) The United States citizens of Puerto Rico are not treated equally in Federal law with citizens in the States and do not have representation in their national government other than that provided by a sole resident commissioner who can only vote in committees of the House of Representatives to which she or he is assigned. (4) An overwhelming majority of the United States citizens residing in Puerto Rico want to replace territory status with a permanent form of government that provides for equality and for democratic representation in the making of their national laws. (5) It has been the longstanding policy of the United States that the American citizens of the territory can determine whether it should eventually become a State or a nation. (6) In a plebiscite held in Puerto Rico under local law, a majority of the vote rejected continuation of the current territory status, with more than 61.1 percent petitioning the Congress and the President for statehood and a transition to equality and permanence within the Union of States. (7) Public Law 113-76 responded to the plebiscite under territorial law by providing for a plebiscite under Federal law on an option or options proposed by the Elections Commission of Puerto Rico that can resolve the question of the territory's status and are found by the Department of Justice to not conflict with the Constitution, laws, and policies of the United States. (8) The Governor, two-thirds majorities of each house of the Legislative Assembly, and the Resident Commissioner of Puerto Rico elected in November 2016 were voted into office on a platform of seeking equality and permanence for Puerto Rico within the United States. (9) Puerto Rico is treated as a State for the purposes of most laws but is not treated equally with the States under dozens of statutes, including some providing for major health and other programs for individuals with critical needs and in a number of revenue measures. (10) The limitations of, and treatment under, territory status has left Puerto Rico under-developed and substantially contributed to its economy being weak for four decades and in depression for the last one. (11) Millions of the U.S. citizens of Puerto Rico have moved to a State for the greater opportunity and better way of life possible in a State. (12) Equality within the Nation is required for a healthy American economy and essential for Puerto Rico's social and economic health as well as for basic reasons of democracy. (13) Puerto Ricans have contributed greatly to the Nation in all fields of endeavor both in war and in peace. (14) Puerto Rico should be transitioned into equality within the Union. SEC. 3. PROCESS FOR REPLACING TERRITORY STATUS. (a) Consistent with Public Law 113-76, it is the policy of the United States that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a State or a nation through a plebiscite under that law. (b) If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through a plebiscite under Public Law 113-76, Federal laws that do not apply to Puerto Rico or apply differently to the territory than to the several States are amended or repealed to phase in the equal treatment of Puerto Rico with the several States by January 3, 2025, as shall be provided for in a plan submitted to the Congress and the President not later than 270 days after the enactment of this Act by the President's Task Force on Puerto Rico's Status, and Puerto Rico shall become a State on January 3, 2025. SEC. 4. FEDERAL OFFICES. (a) President and Vice President.--With respect to the election for the offices of President and Vice President in November 2024-- (1) Puerto Rico shall be considered a State for purposes of chapter 21 of title 3, United States Code, and the electors of Puerto Rico shall be considered electors of a State for purposes of such chapter; and (2) for purposes of section 3 of such title, the number of electors from Puerto Rico shall be equal to the number of Senators and Representatives to which Puerto Rico is entitled during the One Hundred Nineteenth Congress, as determined in accordance with subsection (b). (b) Congressional Delegation.-- (1) Representatives.--Effective on the first day of the One Hundred Nineteenth Congress, the number of Representatives of States in the House of Representatives shall be increased by the number of Representatives of the State with the population closest to that of Puerto Rico in the 2020 decennial census and the additional seats shall be occupied by Representatives of Puerto Rico. The Clerk of the House of Representatives shall transmit to the Governor of Puerto Rico and the Speaker of the House of Representatives a certificate of the number of Representatives to which Puerto Rico will be entitled not later than January 3, 2024. (2) Election.--The regularly scheduled general elections for Federal office held in Puerto Rico in November 2024 shall include the election of two Senators and the number of Representatives of Puerto Rico provided for in paragraph (1) of this subsection, all of whom shall first take office on January 3, 2025. The Senate shall determine the class to which each of the Senators shall be assigned. (3) Resident commissioner.--Section 36 of the Act of March 2, 1917, 39 Stat. 963, and section 1 of the Act of June 22, 1906, 34 Stat. 417, as amended, are repealed effective January 3, 2025. (4) Primary elections.--The Government of Puerto Rico may hold primary elections for the offices described in this section at such time and in such manner as it may provide, so long as such elections are held in the manner required by the laws applicable to elections for Federal office. SEC. 5. PROCLAMATION. Following the transition process set forth in section 3, the President shall issue a proclamation declaring that Puerto Rico is admitted into the Union on an equal footing with the other States, effective January 3, 2025, and Puerto Rico shall be so admitted. SEC. 6. STATE. Upon the admission of Puerto Rico into the Union as a State-- (a) State Constitution.--The Constitution of the Commonwealth of Puerto Rico shall be accepted as the Constitution of the State. (b) Territory.--The State shall consist of all of the territory, together with the waters included in the seaward boundary, of the Commonwealth of Puerto Rico. (c) Continuity of Government.--The individuals holding legislative, executive, and judicial offices of the Commonwealth of Puerto Rico shall continue to discharge the duties of their respective offices. (d) Continuity of Laws.-- (1) Territory law.--All of the laws of Puerto Rico shall continue in force and effect in the State, except as may be modified consistent with this Act, and shall be subject to repeal or amendment by the Legislative Assembly and the Governor of the sovereign State of Puerto Rico. (2) Federal law.--All of the laws of the United States shall have the same force and effect as on the date immediately prior to the date of admission of Puerto Rico into the Union as a State, except for any provision of law that treats Puerto Rico and its residents differently than the States of the Union and their residents, which shall be amended as of the date of admission to treat the State of Puerto Rico and its residents equally with the other States of the Union and their residents.

Puerto Rico Admission Act This bill expresses U.S. policy that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a state or a nation through a plebiscite pursuant to provisions of the Consolidated Appropriations Act, 2014. If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through such a plebiscite: federal laws that do not apply to Puerto Rico or that apply differently to the territory than to the several states shall be amended or repealed to phase in the equal treatment of Puerto Rico with the several states by January 3, 2025, the President's Task Force on Puerto Rico's Status shall submit a plan providing for such equal treatment to Congress and the President by 270 days after the enactment of this bill, Puerto Rico shall be considered a state for purposes of federal elections in November 2024, and Puerto Rico shall become a state and shall be admitted to the Union on equal footing with the other states on January 3, 2025.

Puerto Rico Admission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998''. SEC. 2. PURPOSE. The purpose of the ``Upper Colorado River and the San Juan River Endangered Fish Recovery Act of 1998'' is to authorize and provide funding for the Secretary, acting through the Bureau of Reclamation and the Bureau of Indian Affairs, to continue implementation of the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins in order to accomplish the objectives of these programs within a currently established time schedule. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Recovery Implementation Programs'' means the intergovernmental programs established pursuant to the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended by the parties thereto; (2) the term ``Secretary'' means the Secretary of the Interior; (3) the term ``Upper Division States'' means the States of Colorado, New Mexico, Utah, and Wyoming; (4) the term ``Endangered Species Act'' means the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and any Federal regulation implementing the Endangered Species Act; (5) the term ``Reclamation'' means the U.S. Bureau of Reclamation; (6) the term ``Service'' means the U.S. Fish and Wildlife Service; (7) the term ``Indian Affairs'' means the U.S. Bureau of Indian Affairs; (8) the term ``Bureau'' means the U.S. Bureau of Land Management; (9) the term ``capital projects'' means planning, design, permitting or other compliance, construction, construction management, and replacement of facilities, and the acquisition of interests in land or water, as necessary to carry out the Recovery Implementation Programs; (10) the term ``facilities'' includes facilities for the genetic conservation or propagation of the endangered fishes, those for the restoration of floodplain habitat or fish passage, those for regulation or supply of instream flows, and those for the removal or translocation of nonnative fishes; (11) the term ``interests in land and water'' includes long-term leases and easements, and long-term enforcement or other agreements protecting instream flows; (12) the term ``base funding'' means funding for operation and maintenance of capital projects, implementation of recovery actions other than capital projects, monitoring and research to evaluate the need for or effectiveness of any recovery action, and program management, as necessary to carry out the Recovery Implementation Programs. Base funding also includes annual funding provided under the terms of the 1988 Cooperative Agreement and the 1992 Cooperative Agreement; and (13) the term ``recovery actions other than capital projects'' includes short-term leases and agreements for interests in land, water, and facilities; the reintroduction or augmentation of endangered fish stocks; and the removal, translocation, or other control of nonnative fishes. SEC. 4. AUTHORIZATION TO FUND RECOVERY PROGRAMS. (a) Cost of Capital Projects.--The costs of the capital projects undertaken for the Recovery Implementation Programs shall not exceed $100,000,000. (1) For the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin through the year 2003, such costs shall not exceed $82,000,000. (2) For the San Juan River Recovery Implementation Program through the year 2007, such costs shall not exceed $18,000,000. (3) These costs will be adjusted for inflation. (b) Authorization for Appropriations for Federal Participation in Capital Projects.--There is hereby authorized to be appropriated to the Secretary, acting through Reclamation, $46,000,000 to undertake capital projects pursuant to this Act. Such funds shall be considered a nonreimbursable Federal expenditure. (1) The authority of the Secretary to request appropriations to implement capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in the year 2003 unless reauthorized by an Act of Congress. (2) The authority of the Secretary to request appropriations to implement the capital projects for the San Juan River Basin Recovery Implementation Program shall expire in the year 2007 unless reauthorized by an Act of Congress. (c) Non-Federal Contributions to Capital Projects.--(1) The Secretary, acting through Reclamation, may enter into agreements with the Upper Division States, political subdivisions or organizations within the Upper Division States which contribute to the payment of capital project costs. Such non-Federal contributions shall not exceed $17,000,000. (2) In addition to the contribution described in 4(c)(1), the Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act to carry out the purposes of this Act. Such funds shall be treated as reimbursable costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. This additional contribution shall not exceed $17,000,000. Such funds shall be considered a non-Federal contribution for the purposes of this Act. The additional funding provided pursuant to this provision may be provided through a loan or loans from the Colorado Water Conservation Board Construction Fund (37-60-121 C.R.S.) to the Secretary of Energy to replace revenues which would otherwise be used for project repayments. The Secretary is authorized to repay such loan or loans from power revenues, subject to an agreement between the Colorado Water Conservation Board and the Secretary of Energy. The agreement shall include provisions designed to minimize future increases in electrical power rates and ensure that a lump-sum repayment, which includes principal and interest, is paid to the Colorado Water Conservation Board no later than October 31, 2057. (3) All contributions made pursuant to subsection (c)(1) and (c)(2) shall be in addition to the cost of replacement power purchased due to modifying the operation of the Colorado River Storage Project and the capital value of water from Wolford Mountain Reservoir in Colorado. Such contributions shall not exceed $20,000,000. (d) Base Funding.--The Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act for the annual base funding contributions to the Recovery Implementation Programs by Reclamation. Such funding will be treated as being nonreimbursable and as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. (1) For the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River Basin, such contributions shall not exceed $4,000,000 per year. (2) For the San Juan River Recovery Implementation Program, such contributions shall not exceed $2,000,000 per year. These limits on the annual contributions to base funding will be adjusted for inflation. Any transfer of funds within these limits to the Service shall not be subject to transfer fees. No later than December 31, 2010, the Secretary shall submit a report on the utilization of power revenues to the Subcommittee on Energy and Water Development for the Senate and House Committee on Appropriations. The Secretary shall also make a recommendation regarding the need for additional funding that may be required to fulfill the goals of the Recovery Implementation Programs. Nothing in this Act shall otherwise modify or amend existing agreements among participants regarding base funding and depletion fees for the Recovery Implementation Programs. The Secretary of Energy and Reclamation shall maintain sufficient revenues in the Colorado River Basin Fund to meet their obligations to provide base funding in accordance with this provision. (e) Authority To Retain Appropriated Funds.--At the end of each fiscal year any unexpended appropriated funds for capital projects shall be retained for use in future fiscal years. Unexpended funds which are carried over shall continue to be used to implement the capital projects needed for the Recovery Implementation Programs. (f) Additional Authority.--The Secretary may enter into agreements and contracts with Federal and non-Federal entities; acquire and transfer interests in land, water and facilities; and accept or give grants in order to carry out the purposes of this Act. (g) Indian Trust Assets.--As much of the potential water development in the San Juan River Basin is for the benefit of Indian tribes and most of the federally designated critical habitat for the endangered fish species in the basin is on Indian trust lands, nothing in this Act shall be construed to restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility. SEC. 5. EFFECT ON RECLAMATION LAW. Construction of facilities and acquisition of land and water interests as contemplated herein shall not render these facilities or land and water interests or associated processes and procedures subject to the Reclamation Act of 1902, as amended.

Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 - Limits to $100 million the costs of capital projects undertaken for the Upper Colorado and San Juan River recovery implementation programs (as agreed to in 1988). Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects under this Act. Terminates in 2003 and 2007, respectively, the authority of the Secretary to request appropriations to implement such projects for the recovery programs in the Upper Colorado and San Juan River basins. Authorizes the Secretary to: (1) enter into agreements for non-federal contributions to project costs; and (2) utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act. Limits such contributions with respect to each recovery program. Requires the Secretary to report to specified committees and subcommittees on the utilization of such power revenues. Authorizes the retention of appropriated but unexpended project funds for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility.

Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998

SECTION 1. ESTABLISHMENT OF INITIATIVE FOR FOOD AND OTHER ASSISTANCE FOR INDIVIDUALS IN INDONESIA AND SOUTHEAST ASIA AFFECTED BY THE ASIAN FINANCIAL CRISIS. (a) Establishment of Initiative.-- (1) In general.--The Administrator of the United States Agency for International Development, in coordination with the Secretary of Agriculture, shall establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis. (2) Conduct of food security elements of initiative.--In carrying out the food security elements of the initiative described in paragraph (1), the Administrator-- (A) shall establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer- to-farmer, and food assistance programs; and (B) shall provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs to provide food assistance in accordance with subsection (b). (b) Assistance to Nongovernmental Organizations.-- (1) Request for funds.--In order to receive funds made available under subsection (a)(2)(B), a nongovernmental organization, private voluntary organizations, or cooperative shall submit a request for funds in accordance with section 202(e) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722(e)). (2) Approval/disapproval procedures.--A request for funds submitted by a nongovernmental organization, private voluntary organizations, or cooperative under paragraph (1) shall be approved or disapproved by the Administrator of the United States Agency for International Development in accordance with approval and disapproval procedures applicable to programs under title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.). (c) Duration of Programs.--A program described in subsection (a) may be conducted for a period not to exceed 4 years. (d) Funding.-- (1) Overall funding of initiative.-- (A) In general.--Of the amounts made available for fiscal year 1999 for assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) and chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.; relating to the economic support fund), $100,000,000 shall be made available for such fiscal year to carry out subsection (a)(2)(A). (B) Sub-earmarks.--Of the amount available under subparagraph (A)-- (i) not less than 50 percent shall be made available to address food, medical, fuel, and other shortages in Indonesia and Southeast Asia, and for such other immediate and inexpensive actions that can expedite the distribution of items to address such shortages; (ii) not less than 80 percent of the amount of assistance made available for Indonesia shall be made available, administered, or distributed through indigenous nongovernmental or private voluntary organizations; (iii) not less than $6,000,000 shall be made available to support the development of political institutions and parties in Indonesia and Southeast Asia; (iv) not less than $8,000,000 shall be made available to improve transparency and regulation of banking, financial, insurance, and securities institutions in Indonesia and Southeast Asia; and (v) not less than $8,000,000 shall be made available to support legal and judicial reforms in Indonesia and Southeast Asia. (2) Assistance to nongovernmental organizations.--Of the amounts made available for fiscal year 1999 for assistance under title II of the Agricultural Trade Development and Assistance Act of 1954, not less than $60,000,000 shall be made available for such fiscal year to carry out subsection (a)(2)(B). (3) Availability of amounts.--Amounts made available under paragraphs (1) and (2) are authorized to remain available until expended.

Directs the Administrator of the U.S. Agency for International Development (AID) to establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia affected by the Asian financial crisis. Directs the Administrator of AID, in carrying out the food security elements of the initiative, to: (1) establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer-to-farmer, and food assistance programs; and (2) provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs (of up to four years in duration) to provide food assistance under this Act. Earmarks certain developmental and agricultural assistance and economic support fund assistance for the food security initiative, including assistance for: (1) food, medical, fuel, and other shortages in Indonesia and Southeast Asia; (2) developing political institutions and parties in Indonesia and Southeast Asia; (3) improvement of transparency and regulation of banking, financial, insurance, and securities institutions; and (4) support of legal and judicial reforms. Requires that at least 80 percent of the assistance to Indonesia be administered or distributed through indigenous nongovernmental or private voluntary organizations.

To establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Lending Enhancement and Regulatory Relief Act of 2017'' or the ``CLEAR Relief Act of 2017''. SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT OF 2002. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(d) Community Bank Exemption.-- ``(1) Definitions.--In this subsection-- ``(A) the term `bank holding company' has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); ``(B) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(C) the term `savings and loan holding company' has the meaning given the term in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)). ``(2) In general.--This section and the rules prescribed under this section shall not apply in any fiscal year to any bank holding company, savings and loan holding company, or insured depository institution that, as of the end of the preceding fiscal year, had total consolidated assets of $1,000,000,000 or less. ``(3) Adjustment of amount.--The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all bank holding companies, savings and loan holding companies, and insured depository institutions, as reported by the Federal Deposit Insurance Corporation.''. SEC. 3. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS. Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is amended-- (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (2) by striking ``The Bureau'' and inserting the following: ``(1) In general.--The Bureau''; and (3) by adding at the end the following: ``(2) Treatment of loans held by smaller institutions.--The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on the principal dwelling of a consumer, if such loan is held by an insured depository institution having assets of $10,000,000,000 or less.''. SEC. 4. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended by adding at the end the following: ``(F) Safe harbor.-- ``(i) In general.--In this section-- ``(I) the term `qualified mortgage' includes any mortgage loan that is originated and retained in portfolio for a period of not less than 3 years by a depository institution together with its affiliates has less than $10,000,000,000 in total consolidated assets; and ``(II) loans described in subclause (I) shall be deemed to meet the requirements of subsection (a). ``(ii) Exception for certain transfer.--In the case of a depository institution that transfers a loan originated by that institution to another depository institution by reason of the bankruptcy or failure of the originating depository institution or the purchase of the originating depository institution, the depository institution acquiring the loan shall be deemed to have complied with the requirement under clause (i)(I).''. SEC. 5. EXEMPTION FROM VOLCKER RULE. Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(1)) is amended-- (1) in subparagraph (D), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (3) by striking ``institution that functions solely in a trust or fiduciary capacity, if--'' and inserting the following: ``institution-- ``(A) that functions solely in a trust or fiduciary capacity, if--''; and (4) in clause (iv)(II), as redesignated, by striking the period at the end and inserting the following: ``; or ``(B) with total consolidated assets of $10,000,000,000 or less.''. SEC. 6. NO WAIT FOR LOWER MORTGAGE RATES. (a) In General.--Section 129(b) of the Truth in Lending Act (15 U.S.C. 1639(b)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) No wait for lower rate.--If a creditor extends to a consumer a second offer of credit with a lower annual percentage rate, the transaction may be consummated without regard to the period specified in paragraph (1).''. (b) Safe Harbor for Good Faith Compliance With TILA-RESPA Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5532(f)) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(1) In general.--Not later than''; and (2) by adding at the end the following: ``(2) Safe harbor for good faith compliance.-- ``(A) Safe harbor.--Notwithstanding any other provision of law, during the period described in subparagraph (B), an entity that provides the disclosures required under the Truth in Lending Act (15 U.S.C. 1601 et seq.) and sections 4 and 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603 and 2604), as in effect on July 31, 2017, shall not be subject to any civil, criminal, or administrative action or penalty for failure to fully comply with any requirement under this subsection. ``(B) Applicable period.--Subparagraph (A) shall apply to an entity during the period beginning on the date of enactment of this paragraph and ending on the date that is 30 days after the date on which a certification by the Director that the model disclosures required under paragraph (1) are accurate and in compliance with all State laws is published in the Federal Register.''.

Community Lending Enhancement and Regulatory Relief Act of 2017 or the CLEAR Relief Act of 2017 This bill amends the Sarbanes-Oxley Act of 2002 to exempt from specified reporting and attestation requirements a community bank with assets of $1 billion or less. The bill amends the Truth in Lending Act to exempt from certain escrow requirements and residential mortgage loan standards a residential mortgage loan held by a depository institution with assets of $10 billion or less. The bill further amends that Act, as well as the Consumer Protection Act of 2010, to exempt certain creditors from specified disclosure requirements. In addition, the bill amends the Bank Holding Company Act of 1956 to exempt from the Volcker Rule a depository institution with assets of $10 billion or less. (The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.)

Community Lending Enhancement and Regulatory Relief Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portfolio Lending and Mortgage Access Act''. SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is amended by adding at the end the following: ``(4) Safe harbor.-- ``(A) In general.--A residential mortgage loan shall be deemed a qualified mortgage loan for purposes of this subsection if the loan-- ``(i) is originated by, and continuously retained in the portfolio of, a covered institution; ``(ii) is in compliance with the limitations with respect to prepayment penalties described in subsections (c)(1) and (c)(3); ``(iii) is in compliance with the requirements related to points and fees under paragraph (2)(A)(vii); ``(iv) does not have negative amortization terms or interest-only terms; and ``(v) is a loan for which the covered institution considers, documents, and verifies the debt, income, and financial resources of the consumer in accordance with subparagraph (C). ``(B) Exception for certain transfers.-- Subparagraph (A) shall not apply to a residential mortgage loan if the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred to another person unless the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred-- ``(i) to another person by reason of the bankruptcy or failure of the covered institution that originated such loan; ``(ii) to an insured depository institution or insured credit union that has less than $10,000,000,000 in total consolidated assets on the date of such sale, assignment, or transfer, if the loan is retained in portfolio by such insured depository institution or insured credit union; ``(iii) pursuant to a merger of the covered institution that originated such loan with another person or the acquisition of a the covered institution that originated such loan by another person or of another person by a covered institution, if the loan is retained in portfolio by the person to whom the loan is sold, assigned, or otherwise transferred; or ``(iv) to a wholly owned subsidiary of the covered institution that originated such loan if the loan is considered to be an asset of such covered institution for regulatory accounting purposes. ``(C) Consideration and documentation requirements.--The consideration and documentation requirements described in subparagraph (A)(v) shall-- ``(i) not be construed to require compliance with, or documentation in accordance with, appendix Q to part 1026 of title 12, Code of Federal Regulations, or any successor regulation; and ``(ii) be construed to permit multiple methods of documentation. ``(D) Definitions.--In this paragraph-- ``(i) the term `covered institution' means an insured depository institution or an insured credit union that, together with its affiliates, has less than $10,000,000,000 in total consolidated assets on the date on the origination of a residential mortgage loan; ``(ii) the term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(iii) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(iv) the term `interest-only term' means a term of a residential mortgage loan that allows one or more of the periodic payments made under the loan to be applied solely to accrued interest and not to the principal of the loan; and ``(v) the term `negative amortization term' means a term of a residential mortgage loan under which the payment of periodic payments will result in an increase in the principal of the loan.''. Passed the House of Representatives March 6, 2018. Attest: KAREN L. HAAS, Clerk.

Portfolio Lending and Mortgage Access Act (Sec. 2) This bill amends the Truth in Lending Act to allow a depository institution or credit union with assets below a specified threshold to forgo certain ability-to-pay requirements regarding residential mortgage loans. Specifically, those requirements are waived if a loan: (1) is originated by and continuously retained by the institution, (2) complies with requirements regarding prepayment penalties and points and fees, and (3) does not have negative amortization or interest-only terms. Furthermore, for such requirements to be waived, the institution must consider and verify the debt, income, and financial resources of the consumer. The bill also provides for circumstances in which such requirements shall be waived with respect to a loan that is transferred: (1) by reason of bankruptcy or failure of the originating institution, (2) to a similar institution, (3) in the event of a merger, or (4) to a wholly owned subsidiary of the institution.

Portfolio Lending and Mortgage Access Act

SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804 and inserting the following: ``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS. ``(a) Definitions.--In this section: ``(1) Importer.--The term `importer' means a pharmacist or wholesaler. ``(2) Pharmacist.--The term `pharmacist' means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs. ``(3) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b), other than-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; or ``(F) a drug which is a parenteral drug, the importation of which pursuant to subsection (b) is determined by the Secretary to pose a threat to the public health, in which case section 801(d)(1) shall continue to apply. ``(4) Qualifying laboratory.--The term `qualifying laboratory' means a laboratory in the United States that has been approved by the Secretary for the purposes of this section. ``(5) Wholesaler.-- ``(A) In general.--The term `wholesaler' means a person licensed as a wholesaler or distributor of prescription drugs in the United States under section 503(e)(2)(A). ``(B) Exclusion.--The term `wholesaler' does not include a person authorized to import drugs under section 801(d)(1). ``(b) Regulations.--The Secretary, after consultation with the United States Trade Representative and the Commissioner of Customs, shall promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. ``(c) Limitation.--The regulations under subsection (b) shall-- ``(1) require that safeguards be in place to ensure that each prescription drug imported under the regulations complies with section 505 (including with respect to being safe and effective for the intended use of the prescription drug), with sections 501 and 502, and with other applicable requirements of this Act; ``(2) require that an importer of a prescription drug under the regulations comply with subsections (d)(1) and (e); and ``(3) contain any additional provisions determined by the Secretary to be appropriate as a safeguard to protect the public health or as a means to facilitate the importation of prescription drugs. ``(d) Information and Records.-- ``(1) In general.--The regulations under subsection (b) shall require an importer of a prescription drug under subsection (b) to submit to the Secretary the following information and documentation: ``(A) The name and quantity of the active ingredient of the prescription drug. ``(B) A description of the dosage form of the prescription drug. ``(C) The date on which the prescription drug is shipped. ``(D) The quantity of the prescription drug that is shipped. ``(E) The point of origin and destination of the prescription drug. ``(F) The price paid by the importer for the prescription drug. ``(G) Documentation from the foreign seller specifying-- ``(i) the original source of the prescription drug; and ``(ii) the quantity of each lot of the prescription drug originally received by the seller from that source. ``(H) The lot or control number assigned to the prescription drug by the manufacturer of the prescription drug. ``(I) The name, address, telephone number, and professional license number (if any) of the importer. ``(J)(i) In the case of a prescription drug that is shipped directly from the first foreign recipient of the prescription drug from the manufacturer: ``(I) Documentation demonstrating that the prescription drug was received by the recipient from the manufacturer and subsequently shipped by the first foreign recipient to the importer. ``(II) Documentation of the quantity of each lot of the prescription drug received by the first foreign recipient demonstrating that the quantity being imported into the United States is not more than the quantity that was received by the first foreign recipient. ``(III)(aa) In the case of an initial imported shipment, documentation demonstrating that each batch of the prescription drug in the shipment was statistically sampled and tested for authenticity and degradation. ``(bb) In the case of any subsequent shipment, documentation demonstrating that a statistically valid sample of the shipment was tested for authenticity and degradation. ``(ii) In the case of a prescription drug that is not shipped directly from the first foreign recipient of the prescription drug from the manufacturer, documentation demonstrating that each batch in each shipment offered for importation into the United States was statistically sampled and tested for authenticity and degradation. ``(K) Certification from the importer or manufacturer of the prescription drug that the prescription drug-- ``(i) is approved for marketing in the United States and is not adulterated or misbranded; and ``(ii) meets all labeling requirements under this Act. ``(L) Laboratory records, including complete data derived from all tests necessary to ensure that the prescription drug is in compliance with established specifications and standards. ``(M) Documentation demonstrating that the testing required by subparagraphs (J) and (L) was conducted at a qualifying laboratory. ``(N) Any other information that the Secretary determines is necessary to ensure the protection of the public health. ``(2) Maintenance by the secretary.--The Secretary shall maintain information and documentation submitted under paragraph (1) for such period of time as the Secretary determines to be necessary. ``(e) Testing.--The regulations under subsection (b) shall require-- ``(1) that testing described in subparagraphs (J) and (L) of subsection (d)(1) be conducted by the importer or by the manufacturer of the prescription drug at a qualified laboratory; ``(2) if the tests are conducted by the importer-- ``(A) that information needed to-- ``(i) authenticate the prescription drug being tested; and ``(ii) confirm that the labeling of the prescription drug complies with labeling requirements under this Act; be supplied by the manufacturer of the prescription drug to the pharmacist or wholesaler; and ``(B) that the information supplied under subparagraph (A) be kept in strict confidence and used only for purposes of testing or otherwise complying with this Act; and ``(3) may include such additional provisions as the Secretary determines to be appropriate to provide for the protection of trade secrets and commercial or financial information that is privileged or confidential. ``(f) Registration of Foreign Sellers.--Any establishment within Canada engaged in the distribution of a prescription drug that is imported or offered for importation into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment. ``(g) Suspension of Importation.--The Secretary shall require that importations of a specific prescription drug or importations by a specific importer under subsection (b) be immediately suspended on discovery of a pattern of importation of that specific prescription drug or by that specific importer of drugs that are counterfeit or in violation of any requirement under this section, until an investigation is completed and the Secretary determines that the public is adequately protected from counterfeit and violative prescription drugs being imported under subsection (b). ``(h) Approved Labeling.--The manufacturer of a prescription drug shall provide an importer written authorization for the importer to use, at no cost, the approved labeling for the prescription drug. ``(i) Charitable Contributions.--Notwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge by the manufacturer of the drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country. ``(j) Waiver Authority for Importation by Individuals.-- ``(1) Declarations.--Congress declares that in the enforcement against individuals of the prohibition of importation of prescription drugs and devices, the Secretary should-- ``(A) focus enforcement on cases in which the importation by an individual poses a significant threat to public health; and ``(B) exercise discretion to permit individuals to make such importations in circumstances in which-- ``(i) the importation is clearly for personal use; and ``(ii) the prescription drug or device imported does not appear to present an unreasonable risk to the individual. ``(2) Waiver authority.-- ``(A) In general.--The Secretary may grant to individuals, by regulation or on a case-by-case basis, a waiver of the prohibition of importation of a prescription drug or device or class of prescription drugs or devices, under such conditions as the Secretary determines to be appropriate. ``(B) Guidance on case-by-case waivers.--The Secretary shall publish, and update as necessary, guidance that accurately describes circumstances in which the Secretary will consistently grant waivers on a case-by-case basis under subparagraph (A), so that individuals may know with the greatest practicable degree of certainty whether a particular importation for personal use will be permitted. ``(3) Drugs imported from canada.--In particular, the Secretary shall by regulation grant individuals a waiver to permit individuals to import into the United States a prescription drug that-- ``(A) is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply; ``(B) is accompanied by a copy of a valid prescription; ``(C) is imported from Canada, from a seller registered with the Secretary; ``(D) is a prescription drug approved by the Secretary under chapter V; ``(E) is in the form of a final finished dosage that was manufactured in an establishment registered under section 510; and ``(F) is imported under such other conditions as the Secretary determines to be necessary to ensure public safety. ``(k) Construction.--Nothing in this section limits the authority of the Secretary relating to the importation of prescription drugs, other than with respect to section 801(d)(1) as provided in this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic Act is amended-- (

Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements; (2) qualified laboratory drug testing; (3) registration with the Secretary of Canadian sellers; and (4) approved labeling. Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat; and (2) exercise discretion to permit individuals to make such importation for non-risk personal use. Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use; (2) accompanied by a valid prescription; (3) in a final finished dosage that was manufactured in a registered establishment; and (4) imported under such other conditions as the Secretary determines necessary to ensure public safety.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lance Corporal Jose Gutierrez Act of 2008''. SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL. (a) In General.--Any person who served honorably as a member of the Armed Forces in support of contingency operations (as defined in section 101(a)(13) of title 10, United States Code) shall be eligible for naturalization pursuant to section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as if the person had served during a period designated by the President under such section 329. (b) Naturalization Through Service in the Armed Forces of the United States.--Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended-- (1) in subsection (a), by striking ``six months'' and inserting ``one year''; (2) by striking subsection (c); (3) in subsection (d), by striking ``six months'' and inserting ``one year''; and (4) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY PERSONNEL AND THEIR FAMILIES. (a) Period for Filing Petition.--Section 216(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1186a(d)(2)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B),'' and inserting ``subparagraphs (B) and (D),''; and (2) by adding at the end the following: ``(D) Filing of petitions during military service.--In the case of an alien who is serving as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during the 90-day period described in subparagraph (A), the alien may file the petition under subsection (c)(1)(A) during the 6-month period beginning on the date on which the alien is discharged from such service.''. (b) Requirements of Timely Petition and Interview for Removal of Condition.--Section 216(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1186a(a)(1)) is amended by inserting ``or serving in the Armed Forces at the time of the interview'' after ``deceased''. SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST ACTIVE DUTY MILITARY PERSONNEL OR VETERANS. Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended by adding at the end the following: ``(f)(1) A notice to appear shall not be issued against an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, without prior approval from the Director of the United States Citizenship and Immigration Services or the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement. ``(2) In determining whether to issue a notice to appear against such an alien, the Director or the Assistant Secretary shall consider the alien's eligibility for naturalization under section 328 or 329, as well as the alien's record of military service, grounds of deportability applicable to the alien, and any hardship to the Armed Services, the alien, and his or her family if the alien were to be placed in removal proceedings. ``(3) An alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, shall not be removed from the United States under subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section 238, or section 241(a)(5).''. SEC. 5. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL, VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS. (a) Grounds of Inadmissibility.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following: ``(c) Military Service Personnel and Family Members.-- ``(1) In general.--With respect to an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in the Armed Forces of the United States-- ``(A) paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of subsection (a) shall not apply; ``(B) the Secretary of Homeland Security, or the Attorney General, shall not waive-- ``(i) subsection (a)(2)(B), if the alien actually was incarcerated for 5 years or more for the offenses described in such subsection; ``(ii) subparagraph (C), (D), (G), or (H) of subsection (a)(2); ``(iii) subparagraph (A), (B), (C), (E), or (F) of subsection (a)(3); ``(iv) subsection (a)(6)(E); ``(v) subparagraph (A) or (C) of subsection (a)(10); or ``(vi) subsection (a)(10)(D), if the alien has received a conviction, award, compromise, settlement, or injunction for an offense described in clause (i) of such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen; and ``(C) the Secretary of Homeland Security, or the Attorney General, may waive any other provision of subsection (a). ``(2) Waiver factors.--In making a determination under paragraph (1)(C), the following factors may be considered: ``(A) The grounds of inadmissibility applicable to the alien. ``(B) The alien's service in the United States military, or the degree to which the alien's removal would affect a close family member who is serving or has served in the Armed Forces. ``(C) The length of time the alien has lived in the United States. ``(D) The degree to which the alien would be impacted by his or her removal from the United States. ``(E) The existence of close family ties within the United States. ``(F) The degree to which the alien's removal would adversely affect the alien's United States citizen, or lawful permanent resident, parents, spouses, children, sons, daughters, or siblings. ``(G) The alien's history of employment in the United States, including whether the alien has been self-employed or has owned a business. ``(H) The degree to which the alien's removal would adversely affect the alien's United States employer or business. ``(I) The degree to which the alien has ties to the alien's community in the United States or has contributed to the Nation through community, volunteer, or other activities.''. (b) Grounds of Deportability.--Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following: ``(d) Military Service Personnel and Family Members.-- ``(1) In general.--With respect to an alien who served honorably at any time in the Armed Forces of the United States, and who, if separated from such service, separated under honorable conditions, or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in the Armed Forces of the United States-- ``(A) paragraphs (1)(D), (3)(A), and (5) of subsection (a) shall not apply; ``(B) the Secretary of Homeland Security, or the Attorney General, shall not waive-- ``(i) subsection (a)(1)(E); ``(ii) subsection (a)(2)(A)(ii), if the alien actually was incarcerated for 5 years or more for the offenses described in such subsection; ``(iii) subsection (a)(2)(A)(iii), if the aggravated felony involved was an offense described in subparagraph (A), (B), (C), (D), (E)(i), (H), (I), (K)(i), (K)(ii), (K)(iii), (L)(i), (L)(ii), (L)(iii), (M)(ii), (R), (S), or (U) of section 101(a)(43); ``(iv) clause (iv) or (v) of subsection (a)(2)(A); ``(v) clause (i) or (ii) of subsection (a)(2)(D); ``(vi) subsection (a)(2)(D)(iii), if the offense is a violation of the Trading With the Enemy Act; ``(vii) subsection (a)(2)(D)(iv), if the offense is a violation of section 278; ``(viii) subparagraph (A), (B), (C)(i), (D), or (E) of subsection (a)(4); or ``(ix) subsection (a)(6)(A), if the alien has received a conviction, award, compromise, settlement, or injunction for an offense described in such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen; and ``(C) the Secretary of Homeland Security, or the Attorney General, may waive any other provision of subsection (a). ``(2) Waiver factors.--In making a determination under paragraph (1)(C), the following factors may be considered: ``(A) The grounds of deportability applicable to the alien. ``(B) The alien's service in the United States military, or the degree to which the alien's removal would affect a close family member who is serving or has served in the Armed Forces. ``(C) The length of time the alien has lived in the United States. ``(D) The degree to which the alien would be impacted by his or her removal from the United States. ``(E) The existence of close family ties within the United States. ``(F) The degree to which the alien's removal would adversely affect the alien's United States citizen, or lawful permanent resident, parents, spouses, children, sons, daughters, or siblings. ``(G) The alien's history of employment in the United States, including whether the alien has been self-employed or has owned a business. ``(H) The degree to which the alien's removal would adversely affect the aliens United States employer or business. ``(I) The degree to which the alien has ties to the alien's community in the United States or has contributed to the Nation through community, volunteer, or other activities.''. SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR FAMILIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who are eligible for an immigrant visa under paragraph (2)(A) of section 203(a) and are either the spouse or child of an alien who is serving in the Armed Forces of the United States.''. SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL. (a) In General.--The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (1) applies for such adjustment, and is physically present in the United States on the date the application is filed; (2) is admissible to the United States as an immigrant, except as provided in subsection (d); and (3) pays a fee, as determined by the Secretary, for the processing of such application. (b) Eligible Aliens.-- (1) In general.--The benefits provided in subsection (a) shall apply only to an alien who is a parent, spouse, child, son or daughter, or minor sibling of an eligible member of the Armed Forces, as defined in subsection (c). (2) Posthumous benefits.--An alien described in paragraph (1) shall continue to be eligible for adjustment under this section for 2 years after the death of an eligible member of the Armed Forces whose death was the result of injury or disease incurred in or aggravated by his or her service in the Armed Forces. (c) Eligible Members of the Armed Forces.--In this section, ``eligible member of the Armed Forces'' means any person who-- (1) is serving or has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force; and (2) if separated from the service described in paragraph (1), was separated under honorable conditions. (d) Waiver of Certain Grounds of Inadmissibility.--For the purpose of adjustment of status under this section: (1) Paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) The Secretary of Homeland Security, or the Attorney General, shall not waive the following provisions of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182): (A) Subsection (a)(2)(B), if the alien actually was incarcerated for 5 years or more for the offenses described in such subsection. (B) Subparagraph (C), (D), (G), or (H) of subsection (a)(2). (C) Subparagraph (A), (B), (C), (E), or (F) of subsection (a)(3). (D) Subsection (a)(6)(E). (E) Subparagraph (A) or (C) of subsection (a)(10). (F) Subsection (a)(10)(D), if the alien has received a conviction, award, compromise, settlement, or injunction for an offense described in clause (i) of such subsection, and if the court finds that the alien did not reasonably believe at the time such violation that the alien was a citizen. (3) The Secretary of Homeland Security, or the Attorney General, may waive any other provision of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities. Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service. (Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge. Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status. (Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans. (Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum. Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces. Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors. (Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces. (Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities. Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.

To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trisomy 21 Research Centers of Excellence Act of 2011''. SEC. 2. NIH DOWN SYNDROME RESEARCH ACTIVITIES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end of the title the following: ``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES. ``(a) Expansion, Intensification, and Coordination of Activities.-- ``(1) In general.--The Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, shall expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning Down syndrome. The Director of NIH shall carry out such programs in coordination with a working group composed of representatives of the relevant institutes, centers, offices, and agencies of the National Institutes of Health. ``(2) NIH research plan on down syndrome.--The Director of NIH shall publish a research plan on Down syndrome, and update it every 5 years or as appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a)(1), the Director of NIH shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. To the extent and in the amount of appropriations made in advance, the Director of NIH shall provide for the establishment of at least 6 such centers of excellence. ``(2) Basic, translational, and clinical research.--Each center receiving funds under paragraph (1) shall contribute to a comprehensive research portfolio for Down syndrome building upon the recommendations set forth in the NIH Research Plan on Down Syndrome published on October 8, 2007, have a primary focus on Down syndrome, provide an optimal venue and infrastructure for patient-oriented research, and conduct basic, clinical, and translational research on Down syndrome, including research on one or more of the following: ``(A) Early detection, diagnosis, and treatment of Down syndrome. ``(B) The biological mechanisms responsible for structural and functional anomalies in cells and tissues affected by Down syndrome. ``(C) The biological mechanisms responsible for cognitive and behavioral dysfunction resulting from Down syndrome. ``(D) Novel biomedical and pharmacological interventions designed to promote or enhance cognition and related brain functions and activities of daily living (ADLs). ``(E) Co-occurrence of and treatments for associated medical and neurobehavioral disorders. ``(F) Developmental disorders, interventions for congenital heart disease, obstructive sleep apnea, coronary heart disease, obesity, and metabolism. ``(G) Contributions of genetic variation to clinical presentation as targets for therapy. ``(H) Identification of biomarkers for complex phenotypes. ``(I) Noninvasive imaging in support of efforts regarding other genotype and phenotypes of Down syndrome. ``(J) Pharmacological and other therapies for common features of Down syndrome including Alzheimer's disease and other Down syndrome-related disorders. ``(K) Research related to improving the quality of life for individuals with Down syndrome and their families. ``(L) Research training programs aimed at increasing the numbers of scientists who are trained to carry out these research directions. ``(3) Services for patients.-- ``(A) In general.--A center receiving funds under paragraph (1) shall expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers receiving funds under such paragraph. ``(B) Referrals and costs.--A program under subparagraph (A) shall, in accordance with such criteria as the Director of NIH may establish, provide to the subjects described in such subparagraph referrals for health and other services and such patient care costs as are required for research. ``(C) Availability and access.--In awarding grants under this section, the Director of NIH shall require the applicant to demonstrate, and shall take into consideration, the availability of and access to health and medical services described in subparagraph (B). ``(4) Training program for clinicians and scientists.--Each center receiving funds under paragraph (1) shall establish or expand training programs for medical and allied health clinicians and scientists in research relevant to Down syndrome. ``(5) Coordination of centers; reports.--The Director of NIH shall-- ``(A) provide for the coordination of information sharing among the centers receiving funds under paragraph (1) and ensure regular communication among such centers; and ``(B) require the centers to submit periodic reports to the Director on their activities. ``(6) Organization of centers.--Each center receiving funds under paragraph (1) shall use the facilities of a single institution meeting such requirements as may be prescribed by the Director of NIH, be formed from a virtual consortium or network of such institutions, or both. ``(7) Duration of support.-- ``(A) In general.--Subject to subparagraph (B), the Director of NIH may not provide support to a center receiving funds under paragraph (1) for a period of more than 5 years. ``(B) Extension.--The period referred to in subparagraph (A) may be extended for 1 or more additional periods not exceeding 5 years if-- ``(i) the operations of the center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH; and ``(ii) such group has recommended to the Director that such period be extended. ``(c) Down Syndrome Consortium.--In carrying out subsection (a)(1), the Director of NIH may establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by assuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. ``(d) Report to Congress.--Not later than January 1, 2012, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this section. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $6,000,000 for each of fiscal years 2012 through 2017.''.

Trisomy 21 Research Centers of Excellence of 2011- Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate. Requires the Director of NIH to award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. Sets forth requirements for such centers, which shall include: (1) contributing to a comprehensive research portfolio for Down syndrome, (2) having a primary focus on Down syndrome, (3) providing an optimal venue and infrastructure for patient-oriented research, and (4) conducting basic, clinical, and translational research on Down syndrome in specified areas. Authorizes the Director of NIH to establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective.

To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health with respect to translational research and related activities concerning Down syndrome, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Election Audit Act of 2008''. SEC. 2. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 GENERAL ELECTIONS. (a) Payments.-- (1) Eligibility for payments.--If a State conducts manual audits of the results of any of the regularly scheduled general elections for Federal office in November 2008 (and, at the option of the State, conducts audits of elections for State and local office held at the same time as such election) in accordance with the requirements of this section, the Election Assistance Commission (hereafter in this Act referred to as the ``Commission'') shall make a payment to the State in an amount equal to the documented reasonable costs incurred by the State in conducting the audits. (2) Certification of compliance and costs.-- (A) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing-- (i) a certification that the State conducted the audits in accordance with all of the requirements of this section; (ii) a statement of the reasonable costs incurred in conducting the audits; and (iii) such other information and assurances as the Commission may require. (B) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred in conducting the audits. (C) Determination of reasonableness of costs.--The determinations under this paragraph of whether costs incurred by a State are reasonable shall be made by the Commission. (3) Timing of payments.--The Commission shall make the payment required under this section to a State not later than 30 days after receiving the statement submitted by the State under paragraph (2). (4) Mandatory immediate reimbursement of counties and other jurisdictions.--If a county or other jurisdiction responsible for the administration of an election in a State incurs costs as the result of the State conducting an audit of the election in accordance with this section, the State shall reimburse the county or jurisdiction for such costs immediately upon receiving the payment from the Commission under paragraph (3). (5) Authorization of appropriations.--There are authorized to be appropriated to the Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended. (b) Audit Requirements.--In order to receive a payment under this section for conducting an audit, the State shall meet the following minimum requirements: (1) Not later than 30 days before the date of the regularly scheduled general election for Federal office in November 2008, the State shall establish and publish guidelines, standards, and procedures to be used in conducting audits in accordance with this section. (2) The State shall select an appropriate entity to oversee the administration of the audit, in accordance with such criteria as the State considers appropriate consistent with the requirements of this section, except that the entity must meet a general standard of independence as defined by the State. (3) The State shall determine whether the units in which the audit will be conducted will be precincts or some alternative auditing unit, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section. (4) The State shall select the precincts or alternative auditing units in which audits are conducted in accordance with this section in a random manner following the election after the final unofficial vote count (as defined by the State) has been announced, such that each precinct or alternative auditing unit in which the election was held has an equal chance of being selected, subject to paragraph (9), except that the State shall ensure that at least one precinct or alternative auditing unit is selected in each county in which the election is held. (5) The audit shall be conducted in not less than 2 percent of the precincts or alternative auditing units in the State (in the case of a general election for the office of Senator) or the Congressional district involved (in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress). (6) The State shall determine the stage of the tabulation process at which the audit will be conducted, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section, except that the audit shall commence within 48 hours after the State or jurisdiction involved announces the final unofficial vote count (as defined by the State) in each precinct in which votes are cast in the election which is the subject of the audit. (7) With respect to each precinct or alternative audit unit audited, the State shall ensure that a voter verified paper ballot or paper ballot printout verifiable by the voter at the time the vote is cast is available for every vote cast in the precinct or alternative audit unit, and that the tally produced by counting all of those paper ballots or paper ballot printouts by hand is compared with the corresponding final unofficial vote count (as defined by the State) announced with respect to that precinct or audit unit in the election. (8) Within each precinct or alternative audit unit, the audit shall include all ballots cast by all individuals who voted in or who are under the jurisdiction of the precinct or alternative audit unit with respect to the election, including absentee ballots (subject to paragraph (9)), early ballots, emergency ballots, and provisional ballots, without regard to the time, place, or manner in which the ballots were cast. (9) If a State establishes a separate precinct for purposes of counting the absentee ballots cast in the election and treats all absentee ballots as having been cast in that precinct, and if the state does not make absentee ballots sortable by precinct and include those ballots in the hand count, the State may divide absentee ballots into audit units approximately equal in size to the average precinct in the State in terms of the number of ballots cast, and shall randomly select and include at least 2 percent of those audit units in the audit. Any audit carried out with respect to such an audit unit shall meet the completeness requirement and the other standards set forth under paragraph (7) and applicable to audits carried out with respect to other precincts and alternative audit units, including the requirement that all paper ballots be counted by hand. (10) The audit shall be conducted in a public and transparent manner, such that members of the public are able to observe the entire process. (c) Collection and Submission of Audit Results; Publication.-- (1) State submission of report.--In order to receive a payment under this section, a State shall submit to the Commission a report, in such form as the Commission may require, on the results of each audit conducted under this section. (2) Commission action.--The Commission may request additional information from a State based on the report submitted under paragraph (1). (3) Publication.--The Commission shall publish each report submitted under paragraph (1) upon receipt. (d) Delay in Certification of Results by State.--No State may certify the results of any election which is subject to an audit under this section prior to completing the audit, resolving discrepancies discovered in the audit, and submitting the report required under subsection (c). (e) State Defined.--In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands.

Emergency Election Audit Act of 2008 - Requires the Election Assistance Commission to reimburse states for the reasonable costs incurred in conducting manual audits, meeting specified requirements, of the results of the general elections for federal office to be held in November 2008. Requires such payments also if, at the state's option, the state conducts audits of elections for state and local office held at the same time as the general election.

To direct the Election Assistance Commission to reimburse jurisdictions for the costs incurred in conducting manual audits of the results of the general elections for Federal office to be held in November 2008.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Extension Act of 2009''. SEC. 2. FEDERAL-AID HIGHWAYS. (a) In General.--Except as provided in this Act, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), and title 23, United States Code, which would otherwise expire on or cease to apply after September 30, 2009, are incorporated by reference and shall continue in effect until March 31, 2011. (b) Authorization of Appropriations.--Except as provided in section 3, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account)-- (1) for fiscal year 2010, a sum equal to the total amount authorized to be appropriated for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), and title 23, United States Code; and (2) for the period beginning on October 1, 2010, and ending on March 31, 2011, a sum equal to \1/2\ of the total amount authorized for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), and title 23, United States Code. (c) Use of Funds.-- (1) Fiscal year 2010.--Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(1) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as funds authorized to be appropriated for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), and title 23, United States Code. (2) Fiscal year 2011.--Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(2) for the period beginning on October 1, 2010, and ending on March 31, 2011, shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as \1/2\ of the total amount of funds authorized to be appropriated for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), and title 23, United States Code. (3) Calculation.--The amounts authorized to be appropriated under subsection (b) shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1144) or any other law. (4) Contract authority.-- (A) In general.--Except as provided in subparagraph (B), funds authorized to be appropriated under this section shall be-- (i) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and (ii) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs described in paragraph (5). (B) Exceptions.--A limitation on obligations described in subparagraph (A)(ii) shall not apply to any obligation under-- (i) section 125 of title 23, United States Code; or (ii) section 105 of title 23, United States Code-- (I) for fiscal year 2010, only in an amount equal to $639,000,000; and (II) for the period beginning on October 1, 2010, and ending on March 31, 2011, only in an amount equal to $319,500,000. (5) Limitation on obligations.--Notwithstanding any other provision of law-- (A) for fiscal year 2010, funds authorized to be appropriated under subsection (b) or this subsection shall be subject to the limitation on obligations for fiscal year 2009 under section 1102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1157); and (B) for the period beginning on October 1, 2010, and ending on March 31, 2011, funds authorized to be appropriated under subsection (b) or this subsection shall be subject to a limitation on obligations equal to \1/2\ of the limitation on obligations for fiscal year 2009 under section 1102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1157). (d) Extension and Flexibility for Certain Allocated Programs.-- (1) Fiscal year 2010.--Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a State under subsection (b)(1) determined by the amount that the State received for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485), and section 144(f)(1) of title 23, United States Code, shall be-- (A) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that-- (i) the amount apportioned to the State for that program for fiscal year 2009; bears to (ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and (B) administered in the same manner and with the same period of availability as such funding is administered under such sections. (2) Fiscal year 2011.--Notwithstanding any other provision of law, for the period beginning on October 1, 2010, and ending on March 31, 2011, the portion of the share of funds of a State under subsection (b)(2) determined by \1/2\ of the amount that the State received for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section 144(f)(1) of title 23, United States Code, shall be-- (A) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that-- (i) the amount apportioned to the State for that program for fiscal year 2009; bears to (ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and (B) administered in the same manner and with the same period of availability as such funding is administered under such sections. (3) Additional funds.-- (A) In general.--No additional funds shall be provided for any project or activity under subsection (c), or paragraph (1) or (2) of this subsection, that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity. (B) Reservation and redistribution of funds.--Funds made available in accordance with paragraph (1) or (2) of subsection (c) or paragraph (1) or (2) of this subsection for a project or activity described in subparagraph (A) shall be-- (i) reserved by the Secretary of Transportation; and (ii) redistributed to each State in accordance with paragraph (1) or (2) of subsection (c), or paragraph (1) or (2) of this subsection, as appropriate, for use in carrying out other highway projects and activities extended by subsection (c) or this subsection, in the proportion that-- (I) the total amount of funds made available for fiscal year 2009 for projects and activities described in subparagraph (A) in the State; bears to (II) the total amount of funds made available for fiscal year 2009 for those projects and activities in all States. (e) Extension of Authorizations Under Title V of SAFETEA-LU.-- (1) In general.--The programs authorized under paragraphs (1) through (5) of section 5101(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1779) shall be continued-- (A) for fiscal year 2010, at the funding levels authorized for those programs for fiscal year 2009; and (B) for the period beginning on October 1, 2010, and ending on March 31, 2011, at \1/2\ the levels authorized for those programs for fiscal year 2009. (2) Distribution of funds.--Funds for programs continued under paragraph (1) shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2009, except that designations for specific activities shall not be required to be continued for-- (A) fiscal year 2010; or (B) the period beginning on October 1, 2010, and ending on March 31, 2011. (3) Additional funds.-- (A) In general.--No additional funds shall be provided for any project or activity under this subsection that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity. (B) Distribution.--Funds that would have been made available under paragraph (1) for a project or activity but for the prohibition under subparagraph (A) shall be distributed in accordance with paragraph (2). (4) Limitation on obligations.--Notwithstanding any other provision of law-- (A) for fiscal year 2010, funds authorized to be appropriated under this subsection shall be subject to the limitation on obligations for fiscal year 2009 under section 5102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1780); and (B) for the period beginning on October 1, 2010, and ending on March 31, 2011, funds authorized to be appropriated under this subsection shall be subject to a limitation on obligations equal to \1/2\ of the limitation on obligations for fiscal year 2009 under section 5102 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1780). SEC. 3. ADMINISTRATIVE EXPENSES. (a) Authorization of Contract Authority.--Notwithstanding any other provision of this Act or any other law, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), from amounts provided under section 2, for administrative expenses of the Federal-aid highway program-- (1) $422,425,000 for fiscal year 2010; and (2) $217,023,500 for the period beginning on October 1, 2010, and ending on March 31, 2011. (b) Contract Authority.--Funds authorized to be appropriated by this section shall be-- (1) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and (2) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended.

Surface Transportation Extension Act of 2009 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for the federal-aid highway, surface transportation research, and transportation planning programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for: (1) FY2010, with a limit on obligational authority for the programs equal to the total authorized for such programs for FY2009; and (2) the period from October 1, 2010, through March 31, 2011, with a limit on obligational authority for the programs equal to one-half of the total amount authorized for such programs for 2009. Sets forth certain exceptions to such limits. Requires authorizations of appropriations for FY2010 and the period from October 1, 2010, through March 31, 2011, to be allocated to a state for certain federal-aid highway programs in the same proportion as the amount apportioned to the state for that program for FY2009 bears to amounts apportioned to the state for FY2009 for all programs. Authorizes appropriations out of the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for FY2010 and the period from October 1, 2010, through March 31, 2011.

An original bill to provide an extension of highway programs authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Transportation Improvement Act''. SEC. 2. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following: ``SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. ``(a) Findings and Purpose.-- ``(1) Findings.--Congress finds that public roads owned by States-- ``(A) can provide valuable assistance to the Federal Government in ensuring adequate and safe transportation to, in, and across federally owned land and Indian reservations; and ``(B) supplement the efforts of the Federal Government in developing and maintaining roads to serve federally owned land and Indian reservations. ``(2) Purpose.--The purpose of this section is to further the Federal interest in State-owned or State-maintained roads that provide transportation to, in, or across federally owned land or Indian reservations by establishing the Cooperative Federal Lands Transportation Program. ``(b) Program.--There is established the Cooperative Federal Lands Transportation Program (referred to in this section as the `program'). Funds available for the program may be used for projects, or portions of projects, on State-owned or State-maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Such projects shall be proposed by a State and selected by the Secretary. A project proposed by a State under this section shall be on a highway owned or maintained by the State and may be a highway construction or maintenance project eligible under this title or any project of a type described in section 204(h). ``(c) Distribution of Funds for Projects.-- ``(1) In general.-- ``(A) In general.--The Secretary-- ``(i) after consultation with the Administrator of General Services, the Secretary of the Interior, and the heads of other agencies as appropriate, shall determine the percentage of the total land in each State that is owned by the Federal Government or that is held by the Federal Government in trust; ``(ii) shall determine the sum of the percentages determined under clause (i) for States with respect to which the percentage is 4.5 or greater; and ``(iii) shall determine for each State included in the determination under clause (ii) the percentage obtained by dividing-- ``(I) the percentage for the State determined under clause (i); by ``(II) the sum determined under clause (ii). ``(B) Adjustment.--The Secretary shall-- ``(i) reduce any percentage determined under subparagraph (A)(iii) that is greater than 7.5 percent to 7.5 percent; and ``(ii) redistribute the percentage points equal to any reduction under clause (i) among other States included in the determination under subparagraph (A)(ii) in proportion to the percentages for those States determined under subparagraph (A)(iii). ``(2) Availability to states.--Except as provided in paragraph (3), for each fiscal year, the Secretary shall make funds available to carry out eligible projects in a State in an amount equal to the amount obtained by multiplying-- ``(A) the percentage for the State, if any, determined under paragraph (1); by ``(B) the funds made available for the program for the fiscal year. ``(3) Selection of projects.--The Secretary may establish deadlines for States to submit proposed projects for funding under this section, except that in the case of fiscal year 1998 the deadline may not be earlier than January 1, 1998. For each fiscal year, if a State does not have pending, by that deadline, applications for projects with an estimated cost equal to at least 3 times the amount for the State determined under paragraph (2), the Secretary may distribute, to 1 or more other States, at the Secretary's discretion, \1/3\ of the amount by which the estimated cost of the State's applications is less than 3 times the amount for the State determined under paragraph (2). ``(d) Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, a State and the Secretary may agree to transfer amounts made available to a State under this section for use in carrying out projects on any Federal lands highway that is located in the State. ``(2) Special rule.--This paragraph applies to a State that contains a national park that was visited by more than 2,500,000 people in 1996 and comprises more than 3,000 square miles of land area, including surface water, that is located in the State. For such a State, 50 percent of the amount that would otherwise be made available to the State for each fiscal year under the program shall be made available only for eligible highway uses in the national park and within the borders of the State. For the purpose of making allocations under section 202(c), the Secretary may not take into account the past or future availability, for use on park roads and parkways in a national park, of funds made available for use in a national park by this paragraph.''. (b) Definition of Federal Lands Highway Investment.--Section 101(a) of title 23, United States Code, is amended-- (1) by adding at the end the following: ``The term `Federal lands highway investment' means funds authorized for the Federal lands highways program or the Cooperative Federal Lands Transportation Program under chapter 2.''; and (2) by reordering the undesignated paragraphs so that they are in alphabetical order. (c) Conforming Amendment.--The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 205 the following: ``206. Cooperative Federal Lands Transportation Program.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), for the Cooperative Federal Lands Transportation Program under section 206 of title 23, United States Code, $200,000,000 for each of the fiscal years 1998 through 2002.

Federal Lands Transportation Improvement Act - Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Authorizes appropriations.

Federal Lands Transportation Improvement Act

SEC. 1. SHORT TITLE. This Act may be cited as the ``National Park Anniversaries-Great American Spaces Commemorative Coin Act''. SEC. 2. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Park Foundation is the congressionally- chartered nonprofit partner of America's National Parks. (2) The mission of the National Park Foundation is to strengthen the enduring connection between the American people and their National Parks by raising private funds, making strategic grants, creating innovative partnerships and increasing public awareness of National Parks. (3) The parks represented in this program represent some of the most beloved and treasured National Parks in America. (4) The National Park Service was established in 1916, to preserve and protect great scenic parks such as Grand Canyon and Yosemite, while also managing battlefields such as Gettysburg and historical sites such as the Lincoln Memorial. (5) Theodore Roosevelt said that nothing short of defending this country in wartime ``compares in importance with the great task of leaving this land even a better land for our descendants than it is for us''. (6) Parks established under the presidency of Theodore Roosevelt, such as Grand Canyon and Devil's Tower, are the embodiment of that ideal. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins for National Parks Observing Historic Anniversaries of Their Founding.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins for each of the National Parks specified in section 4(d), each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be developed in consultation with the National Park Foundation, and shall be emblematic of the National Park being commemorated on each coin. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year in which the coin is minted; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Parks Foundation; and (2) reviewed by the Citizens Advisory Committee established under section 5135 of title 31, United States Code. (c) 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. (d) National Parks to Be Commemorated.--The National Parks to be commemorated, the year of commemoration, and the anniversary to be observed are as follows: National Park or Park Year of Issuance Service Anniversary 2007............................. Devils Tower National 100th Monument. 2008............................. Grand Canyon National 100th Park. 2010............................. Glacier National Park 100th 2011............................. Lincoln Memorial..... 100th 2014............................. Yosemite National 150th Park. 2015............................. Rocky Mountain 100th National Park. 2016............................. National Park Service 100th 2017............................. Denali National Park. 100th 2018............................. Acadia National Park. 100th 2019............................. Zion National Park... 100th 2020............................. Gettysburg National 125th Military Park. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1 of the year of issuance, as specified in section 4(d), except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31 of the year of issuance specified in section 4(d). SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (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. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing other coins authorized by this Act. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for use as follows: (1) 50 percent of the surcharges received shall be used by the National Park Foundation in support of all National Parks. (2) 50 percent of the surcharges received shall be used by the National Park Foundation for the benefit of the National Parks designated in section 4(d) (in addition to any amount allocable to any such Park from expenditures of amounts under paragraph (1). (c) Audits.--The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received_ (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louisiana Rice Economic Relief Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The rice industry in the State of Louisiana contributes significantly to the economy of that State and the United States, with an estimated annual value of approximately $250,000,000 and an estimated average annual economic benefit of approximately $1,000,000,000. (2) For the 2002 crop of rice, rice producers in the State of Louisiana suffered from the lowest rice prices in more than 50 years. (3) Since most of the 2002 crop of rice in the State of Louisiana was sold during the harvest season, the market- derived income of producers from the sale of rice fell to record low levels. (4) The historically-low income of producers from the sale of rice in the State of Louisiana, even when combined with Federal income support, still is devastating to-- (A) rice producers in the State; (B) the rice industry infrastructure of the State; (C) businesses that serve and depend on the rice industry; and (D) communities in which rice producers and their families reside and in which the rice industry operates. (5) Because of the significant reduction in total income and the current costs of production, many rice producers of the State of Louisiana will not cover the total expenses they incurred to produce and harvest the 2002 crop. (6) The historically-low prices of the 2002 crop of rice in the State of Louisiana have contributed to a combined market price and Federal support income level that is approximately $2.42 per hundredweight less than the average combined market price and Federal support income levels during the 1998 through 2001 period, which is approximately 22 percent below the average income level for the State for the same time period. (7) Due to the historically-low rice prices and reduced income, rice producers in the State of Louisiana and their families are faced with dire economic circumstances that are crippling them and the communities in which they live and work. SEC. 3. ECONOMIC DISASTER ASSISTANCE FOR LOUISIANA RICE PRODUCERS. (a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make payments, as soon as practicable after the date of enactment of this Act, to producers of the 2002 crop of rice on farms located in the State of Louisiana, to assist producers as a result of the disastrous economic conditions occurring with the 2002 crop of rice. (b) Amount.--The amount of a payment made to producers on a farm under this section shall be equal to the product obtained by multiplying-- (1) the actual quantity of rice produced by the producers on the farm during the 2002 crop year; and (2) a payment rate of $2.42 per hundredweight. (c) Payment Limitation.-- (1) In general.--The total amount of payments that a person shall be entitled to receive under this section may not exceed $40,000. (2) Regulations.--The Secretary shall promulgate regulations defining the term ``person'' for the purposes of paragraph (1), which shall conform, to the maximum extent practicable, to the regulations defining the term ``person'' promulgated under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). The Secretary also shall promulgate such additional regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under such paragraph. (d) Information.--In carrying out this section, the Secretary shall, to the maximum extent practicable-- (1) use information that the Secretary has obtained from administering other provisions of law; and (2) minimize any additional information or requirements that are imposed on eligible producers. (e) Administrative Offset.--Payments under this section shall not be subject to administrative offset, including administrative offset under chapter 37 of title 31, United States Code, or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). SEC. 4. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 5. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 6. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).

Louisiana Rice Economic Relief Act of 2003 - Directs the Secretary of Agriculture to provide economic disaster assistance ($40,000 maximum per person) to producers of the 2002 rice crop in Louisiana.

To provide economic disaster assistance to producers of the 2002 crop of rice in the State of Louisiana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian River Land Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Certain lands adjacent to the Russian River in the area of its confluence with the Kenai River contain abundant archaeological resources of significance to the Native people of the Cook Inlet Region, the Kenaitze Indian Tribe, and the citizens of the United States. (2) Those lands at the confluence of the Russian River and Kenai River contain abundant fisheries resources of great significance to the citizens of Alaska. (3) Cook Inlet Region, Inc., an Alaska Native Regional Corporation formed under the provisions of the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in this Act referred to as ``ANCSA''), has selected lands in the area pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)), for their values as historic and cemetery sites. (4) The United States Bureau of Land Management, the Federal agency responsible for the adjudication of ANCSA selections has not finished adjudicating Cook Inlet Region, Inc.'s selections under section 14(h)(1) of that Act as of the date of the enactment of this Act. (5) The Bureau of Indian Affairs has certified a portion of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA as containing prehistoric and historic cultural artifacts, and meeting the requirements of section 14(h)(1) of that Act. (6) A portion of the selections under section 14(h)(1) of ANCSA made by Cook Inlet Region, Inc., and certified by the Bureau of Indian Affairs lies within the Chugach National Forest over which the United States Forest Service is the agency currently responsible for the administration of public activities, archaeological features, and natural resources. (7) A portion of the selections under section 14(h)(1) of ANCSA and the lands certified by the Bureau of Indian Affairs lies within the Kenai National Wildlife Refuge over which the United States Fish and Wildlife Service is the land managing agency currently responsible for the administration of public activities, archaeological features, and natural resources. (8) The area addressed by this Act lies within the Sqilantnu Archaeological District which was determined eligible for the National Register of Historic Places on December 31, 1981. (9) Both the Forest Service and the Fish and Wildlife Service dispute the validity and timeliness of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA. (10) The Forest Service, Fish and Wildlife Service, and Cook Inlet Region, Inc., determined that it was in the interest of the United States and Cook Inlet Region, Inc., to-- (A) protect and preserve the outstanding historic, cultural, and natural resources of the area; (B) resolve their disputes concerning the validity of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA without litigation; and (C) provide for the management of public use of the area and protection of the cultural resources within the Sqilantnu Archaeological District, particularly the management of the area at the confluence of the Russian and Kenai Rivers. (11) Legislation is required to enact the resolution reached by the Forest Service, the Fish and Wildlife Service, and Cook Inlet Region, Inc. (b) Purpose.--It is the purpose of this Act to ratify an agreement between the Department of Agriculture, the Department of the Interior, and Cook Inlet Region, Inc. SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND COOK INLET REGION, INC. (a) Ratification of Agreement.-- (1) In general.--The terms, conditions, covenants, and procedures set forth in the document entitled ``Russian River Section 14(h)(1) Selection Agreement'', which was executed by Cook Inlet Region, Inc., the United States Department of Agriculture, and the United States Department of the Interior on July 26, 2001, (hereinafter in this Act referred to as the ``Agreement''), are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Cook Inlet Region, Inc., as a matter of Federal law. (2) Section 5.--The ratification of section 5 of the Agreement is subject to the following conditions: (A) The Fish and Wildlife Service shall consult with interested parties when developing an exchange under section 5 of the Agreement. (B) The Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a copy of the agreement implementing any exchange under section 5 of the Agreement not less than 30 days before the exchange becomes effective. (3) Agreement controls.--In the event any of the terms of the Agreement conflict with any other provision of law, the terms of the Agreement shall be controlling. (b) Authorization of Actions.--The Secretaries of Agriculture and the Interior are authorized to take all actions required under the terms of the Agreement. SEC. 4. AUTHORIZATION OF APPROPRIATION. (a) In General.--There is authorized to be appropriated to the Department of Agriculture, Office of State and Private Forestry, $13,800,000, to remain available until expended, for Cook Inlet Region, Inc., for the following: (1) Costs for the planning and design of the Joint Visitor's Interpretive Center. (2) Planning and design of the Sqilantnu Archaeological Research Center. (3) Construction of these facilities to be established in accordance with and for the purposes set forth in the Agreement. (b) Limitation on Use of Funds.--Of the amount appropriated under this section, not more than 1 percent may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in the planning and design of the Joint Visitor's Interpretive Center and the Sqilantnu Archaeological Research Center. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement (the "Agreement") between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Subjects the ratification of section five of the Agreement to the following conditions: (1) the Fish and Wildlife Service shall consult with interested parties when developing an exchange under such section; and (2) the Secretary of the Interior shall submit to Congress copies of the agreement implementing any exchange under such section at least 30 days before the exchange becomes effective.Declares that if any terms of the Agreement conflict with any other provision of law, the Agreement's terms shall take precedence, and authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of the Agreement.(Sec. 4) Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.Limits to one percent of appropriated funds the amount that may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting the Corporation to plan and design the Visitor's Center and the Archaeological Center.

To resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Liquidity Act of 2003''. SEC. 2. PILOT PROGRAM FOR GUARANTEES ON POOLS OF NON-SBA LOANS. Title IV of the Small Business Investment Act of 1958 (15 U.S.C. 692 et seq.) is amended by adding at the end the following: ``Part C--Credit Enhancement Guarantees ``Sec. 420. (a)(1) The Administration is authorized, upon such terms and conditions as it may prescribe, in order to encourage lenders to increase the availability of small business financing by improving such lenders' access to reasonable sources of funding, to provide a credit enhancement guarantee, or commitment to guarantee, of the timely payment of a portion of the principal and interest on securities issued and managed by not less than 2 qualified entities authorized and approved by the Administration. ``(2) The entities authorized under this subsection to act as issuers and managers of pools or trusts of loans shall be well- capitalized, as defined by the Administration, and shall maintain sufficient reserves to allow securities to be issued representing interests in each pool or trust that are rated as investment grade by a nationally-recognized rating agency. ``(3) The authority of the entities authorized under this subsection shall be reviewed annually by the Administration and may be renewed upon the satisfactory completion of such review. ``(4) The Administration shall set and maintain standards for entities authorized under this subsection, including standards relating to delinquency, default, liquidation, and loss rates. ``(5) If an entity authorized under this subsection fails to meet the standards set pursuant to paragraph (4), the Administration may terminate the entity's participation in the pilot program under this subsection. ``(b)(1)(A) The Administration may provide its credit enhancement guarantees in respect of securities that represent interests in, or other obligations issued by, a trust, pool, or other entity whose assets (other than the Administration's credit enhancement guarantee and credit enhancements provided by other parties) consist of loans made to small business concerns. ``(B) As used in this paragraph, the term `small business concern' has the meaning given that term in either the Small Business Act (15 U.S.C. 631 et seq.) or this Act (15 U.S.C. 661 et seq.). ``(2) The credit enhancement guarantees provided by the Administration under paragraph (1) shall be second-loss guarantees that are only available after the full payment of credit enhancement guarantees offered by the entities authorized to act as issuers and managers of pools or trusts of loans under this section. ``(3) A pool or trust of loans shall not be eligible for guarantees under this section-- ``(A) if the value of such loans exceeds $350,000,000 in fiscal year 2004; ``(B) if the value of such loans exceeds $400,000,000 in fiscal year 2005; or ``(C) if the value of such loans exceeds $450,000,000 in fiscal year 2006. ``(4) All loans under paragraph (1) shall be originated, purchased, or assembled and managed consistent with requirements prescribed by the Administration in connection with this credit enhancement guarantee program. ``(5) The Administration shall prescribe requirements to be observed by the issuers and managers of the securities covered by credit enhancement guarantees to ensure the safety and soundness of the credit enhancement guarantee program. ``(c) The full faith and credit of the United States is pledged to the payment of all amounts the Administration may be required to pay as a result of credit enhancement guarantees under this section. ``(d)(1) The Administration may issue credit enhancement guarantees in an amount-- ``(A) not to exceed $2,100,000,000 in fiscal year 2004; ``(B) not to exceed $3,250,000,000 in fiscal year 2005; and ``(C) not to exceed $4,500,000,000 in fiscal year 2006. ``(2) The Administration shall set the percentage and priority of each credit enhancement guarantee on issued securities at a level not to exceed 25 percent of the value of the securities so that the amount of the Administration's anticipated net loss (if any) as a result of such guarantee is fully reserved in a credit subsidy account funded wholly by fees collected by the Administration from the issuers or managers of the pool or trust. ``(3) The Administration shall charge and collect a fee from the issuer based on the Administration's guaranteed amount of issued securities, and the amount of such fee shall equal the estimated credit subsidy cost of the Administration's credit enhancement guarantee. ``(4) The fees provided for under this subsection shall be adjusted annually, as necessary, by the Administration. ``(5) The Federal government shall not appropriate any funds to finance credit enhancement guarantees under this section. ``(e) Report and Analysis.-- ``(1) Report.-- ``(A) In general.--During the development and implementation of the pilot program, the Administrator shall submit a report on the status of the pilot program under this section to Congress in each annual budget request and performance plan. ``(B) Contents.--The report submitted under subparagraph (A) shall include, among other items, information about the loans in the pools or trusts, including delinquency, default, loss, and recovery rates. ``(2) Analysis and report.--Not later than December 30, 2005, the Comptroller General shall-- ``(A) conduct an analysis of the pilot program under this section; and ``(B) submit a report to Congress that contains a summary of the analysis conducted under subparagraph (A) and a description of any effects, not attributable to other causes, of the pilot program on the lending programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of this Act. ``(3) Implementation.-- ``(A) Report.--After completing operational guidelines to carry out the pilot program under this section, the Administration shall submit a report, which describes the method in which the pilot program will be implemented, to-- ``(i) the Committee on Small Business and Entrepreneurship of the Senate; and ``(ii) the Committee on Small Business of the House of Representatives. ``(B) Timing.--The Administration shall not implement the pilot program under this section until the date that is 50 days after the report has been submitted under subparagraph (A). ``(f) Sunset Provision.--This section shall remain in effect until September 30, 2006.''.

Small Business Credit Liquidity Act of 2003 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA), in order to encourage lenders to increase the availability of small business financing by improving lender access to reasonable funding sources, to provide a credit enhancement guarantee of, or a commitment to guarantee, a portion of the principal and interest on securities issued and managed by not less than two qualified entities authorized and approved by the SBA. Requires the SBA to set and maintain standards for qualified entities, including standards relating to delinquency, default, liquidation, and loss rates. Makes the SBA's credit enhancement guarantees second-loss guarantees, available only after the full payment of guarantees offered by the qualified entities authorized to act as issuers and managers of pools or trusts of loans. Provides loan pool or trust requirements and credit enhancement limits for FY 2004 through 2006. Directs the SBA to charge and collect a fee from issuers based on the SBA's guaranteed amount of issued securities.

A bill to amend title IV of the Small Business Investment Act of 1958, relating to a pilot program for credit enhancement guarantees on pools of non-SBA loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Investment for Next- Generation Technologies Act'' or the ``WING Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Science- and technology-based industries have been and will continue to be engines of United States economic growth and national security. (2) The United States faces great challenges in the global economy from nations with highly trained technical workforces. (3) Occupations requiring technical and scientific training are projected to grow rapidly over the next decade, at 3 times the rate of all occupations (according to Science & Engineering Indicators, 2002). (4) The need for trained technology workers in national security fields has increased as a result of the events of September 11, 2001. (5) National certification systems are well established and accepted in fields such as health and information technology and have succeeded in attracting more workers into those fields. (6) Business and workers could both be well served by expanding the certification concept to other high technology industries. (7) National certification systems allow workers to develop skills transportable to other States in response to layoffs and other economic changes. (8) National certification systems facilitate interstate comparisons of education and training programs and help identify best practices and reduce cost and development redundancies. (9) National certification systems promote quality and encourage educational institutions to modernize programs to ensure graduates pass industry-required exams. (10) National certification based on industry-validated skill standards introduces stricter accountability for technical and vocational education programs. (11) Certification signals value to employers and increases applicants' employability. (12) Certification offers a planned skill development route into employment or professional advancement for working adults and displaced workers. (13) The National Science Foundation's Advanced Technological Education Program, authorized by Congress in 1992, has created national centers of excellence at community colleges that have established unique linkages with industry to prepare individuals for the technical workforce under the program. (14) The Advanced Technological Education Program should be expanded to all institutions of higher education, as the Nation should invest more resources in training and education programs that are responsive to marketplace needs. (15) The one-stop delivery systems authorized under the Workforce Investment Act of 1998 have proved to be effective providers of information and resources for job seekers. (16) The one-stop delivery systems offer special opportunities for directing displaced workers to certification programs that build skills for technical fields where rewarding jobs are plentiful. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To increase the numbers of workers educated for employment in high technology industries. (2) To align the technical and vocational programs of educational institutions with the workforce needs of high- growth, next generation industries. (3) To offer individuals expanded opportunities for rapid training and retraining in portable skills needed to keep and change jobs in a volatile economy. (4) To provide United States businesses with adequate numbers of skilled technical workers. (5) To encourage a student's or worker's progress toward an advanced degree while providing training, education, and useful credentials for workforce entry or reentry. SEC. 4. SKILL CERTIFICATION PILOT PROJECTS. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(e) Skill Certification Pilot Projects.-- ``(1) Pilot projects.--In accordance with subsection (b), the Secretary of Labor shall establish and carry out not more than 20 pilot projects to establish a system of industry- validated national certifications of skills, including-- ``(A) not more than 16 national certifications of skills in high-technology industries, including biotechnology, telecommunications, highly automated manufacturing (including semiconductors), advanced materials technology, nanotechnology, and energy technology (including technology relating to next- generation lighting); and ``(B) not more than 4 cross-disciplinary national certifications of skills in homeland security technology. ``(2) Grants to eligible entities.--In carrying out the pilot projects, the Secretary of Labor shall make grants to eligible entities, for periods of not less than 36 months and not more than 48 months, to carry out the authorized activities described in paragraph (7) with respect to the certifications described in paragraph (1). ``(3) Eligible entities.-- ``(A) Definition of eligible entity.--In this subsection, the term `eligible entity' means an entity that shall include as a principal participant one or more of the following: ``(i) An institution of higher education (as defined in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002)). ``(ii) An advanced technology education center. ``(iii) A local workforce investment board. ``(iv) A representative of a business in a target industry for the certification involved. ``(v) A representative of an industry association, labor organization, or community development organization. ``(B) History of demonstrated capability required.--To be eligible to receive a grant under this subsection, an eligible entity shall have a history of demonstrated capability for effective collaboration with industry on workforce development activities that is consistent with the goals of this Act. ``(4) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. ``(5) -Criteria.--The Secretary of Labor shall establish criteria, consistent with paragraph (6), for awarding grants under this subsection. ``(6) Priority.--In selecting eligible entities to receive grants under this subsection, the Secretary of Labor shall give priority to eligible entities that demonstrate the availability of and ability to provide matching funds from industry or nonprofit sources. Such matching funds may be provided in cash or in kind. ``(7) Authorized activities.-- ``(A) In general.--An eligible entity that receives a grant under this subsection shall use the funds made available through the grant-- ``(i) to establish certification requirements for a certification described in paragraph (1) for an industry; ``(ii) to develop and initiate a certification program that includes preparatory courses, course materials, procedures, and examinations, for the certification; and ``(iii) to collect and analyze data related to the program at the program's completion, and to identify best practices (consistent with paragraph (8)) that may be used by local and State workforce investment boards in the future. ``(B) Basis for requirements.--The certification requirements shall be based on applicable skill standards for the industry involved that have been developed by or linked to national centers of excellence under the National Science Foundation's Advanced Technological Education Program. The requirements shall require an individual to demonstrate an identifiable set of competencies relevant to the industry in order to receive certification. The requirements shall be designed to provide evidence of a transferable skill set that allows flexibility and mobility of workers within a high technology industry. ``(C) Relationship to training and education programs.--The eligible entity shall ensure that-- ``(i) a training and education program related to competencies for the industry involved, that is flexible in mode and timeframe for delivery and that meets the needs of those seeking the certification, is offered; and ``(ii) the certification program is offered at the completion of the training and education program. ``(D) Relationship to the associate degree.--The eligible entity shall ensure that the certification program is consistent with the requirements for a 2- year associate degree. ``(E) Availability.--The eligible entity shall ensure that the certification program is open to students pursuing associate degrees, employed workers, and displaced workers. ``(8) Consultation.--The Secretary of Labor shall consult with the Director of the National Science Foundation and the Secretary of Education to ensure that the pilot projects build on the expertise and information about best practices gained through the implementation of the National Science Foundation's Advanced Technological Education Program. ``(9) Core components; guidelines; reports.--After collecting and analyzing the data obtained from the pilot programs, the Secretary of Labor shall-- ``(A) establish the core components of a model high-technology certification program; ``(B) establish guidelines to assure development of a uniform set of standards and policies for such programs; ``(C) submit and prepare a report on the pilot projects to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives; and ``(D) make available to the public both the data and the report. ``(10) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 174(b), there is authorized to be appropriated $60,000,000 for fiscal year 2005 to carry out this subsection.''.

Workforce Investment for Next-Generation Technologies Act - WING Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to carry out up to twenty pilot projects to establish a system of industry-validated national certifications of skills in: (1) up to sixteen high-technology industries; and (2) up to four cross-disciplinary national certification of skills in homeland security technology. Includes among the high-technology industries: biotechnology, telecommunications, highly automated manufacturing (including semiconductors), advanced materials technology, nanotechnology, and energy technology (including technology relating to next-generation lighting). Directs the Secretary to make three-to-four year grants for such projects to eligible entities with one or more of the following as a primary participant: (1) an institution of higher education; (2) an advanced technology education center; (3) a local workforce investment board; (4) a representative of a business in a target industry for the certification involved; or (5) a representative of an industry association, labor organization, or community development organization. Requires each certification program to be: (1) offered at the completion of, and in addition to, a training and education program which is related to the industry competencies involved and which is offered in a flexible manner that meets the needs of those seeking certification; and (2) consistent with the requirements for a two-year associate degree.

A bill to amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide for 5-year pilot projects to establish a system of industry-validated national certifications of skills in high-technology industries and a cross-disciplinary national certification of skills in homeland security technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Affordability and Security Act'' or the ``GAS Act''. TITLE I--CONSUMER PROTECTION SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING. (a) Unlawful Conduct.--During the 30-day period beginning on the date on which the President determines the existence of conditions warranting the drawdown and sale of petroleum products from the Strategic Petroleum Reserve under subsection (d) or (h) of section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), it shall be an unfair or deceptive act or practice in violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any person to sell gasoline or diesel fuel at a price which constitutes price gouging as defined by rule pursuant to subsection (b). (b) Enforcement.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) and shall be enforced by the Federal Trade Commission in accordance with all applicable terms and provisions of the Federal Trade Commission Act. (c) Penalties.--Any person who violates subsection (a), or the rules promulgated pursuant to this section, shall be subject to a civil penalty in an amount not to exceed $11,000 per day in which a violation occurs. (d) Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules, in accordance with section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)), that-- (1) define ``price gouging'' for purposes of this section; and (2) carry out this section. SEC. 102. COMPETITIVE PRICING TASK FORCE. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Federal Trade Commission shall establish a Competitive Pricing Task Force (referred to in this section as the ``Task Force''. (b) Duties.--The Task Force shall provide each State attorney general who requests assistance from the Task Force-- (1) with assistance in the investigation of alleged price gouging affecting the consumers of the State; and (2) such additional technical assistance as may be necessary in studying and drafting State laws to prohibit price gouging. (c) Duration.--The Task Force shall carry out the duties described in subsection (b) during the 2-year period beginning on the date on which the Task Force is established under subsection (a). SEC. 103. CONSUMER INFORMATION. (a) List.--The Federal Trade Commission shall publish a list on its Web site containing the names of all persons penalized under section 101. (b) Information About Gasoline Prices.--The Energy Information Administration of the Department of Energy shall disseminate to all persons selling gasoline or diesel fuel to retail consumers, in a manner suitable for posting, information contained in the table on the Administration's Web site entitled, ``WHAT WE PAY FOR IN A GALLON OF REGULAR GASOLINE'', to inform such consumers of the factors contributing to the price of gasoline. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--INCREASING SUPPLY SEC. 201. FUEL DIVERSIFICATION. Section 402 of the Energy Policy Act of 2005 (42 U.S.C. 15962) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (iv), by striking ``and'' at the end; (B) by redesignating clause (v) as clause (vi); and (C) by inserting after clause (iv) the following: ``(v) a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel; and''; and (2) by adding at the end the following: ``(j) Energy Policy Priority.-- ``(1) Establishment.--Not later than 90 days after the date on which the Secretary provides funds for a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel under subsection (b)(1)(A)(v), the Secretary shall establish as an energy policy priority the expedited, large-scale commercialization of that technology to promote the supply of affordable, clean, domestic gasoline and diesel fuel. ``(2) Subsequent projects.-- ``(A) In general.--In accordance with the energy policy priority established under paragraph (1), the Secretary shall provide funds for a subsequent Fischer- Tropsch technology project to produce ultra-low sulfur liquid transportation fuel as soon as practicable after the date on which the priority is established. ``(B) Criteria for selection.--In carrying out subparagraph (A), the Secretary shall select the private sector recipient that is the most capable of designing and constructing a Fischer-Tropsch technology project with an output of not less than 50,000 barrels per day of ultra-low sulfur transportation fuel, as determined by the Secretary.''. SEC. 202. FUEL TREATMENT. Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct an expedited review of any fuel additive an application for verification for which has been filed in accordance with the voluntary diesel retrofit program. TITLE III--DECREASING DEMAND SEC. 301. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30D. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed-- ``(A) in the case of an eligible taxpayer described in subsection (c)(1)(A), $1,000, and ``(B) in the case of an eligible taxpayer described in subsection (c)(1)(B), $2,000. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the dollar amount referred to subparagraph (A) or (B) of paragraph (1) shall be reduced by an amount which bears the same ratio to such dollar amount as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional work site. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(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 (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e)(1), in the case of amounts with respect to which a credit has been allowed under section 30D.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30D(d),'' after ``30(b)(3),''. (3) Section 6501(m) of such Code is amended by inserting ``30D(e)(4),'' after ``30C(e)(5),''. (c) Clerical Amendment.--The table of sections for 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 item: ``Sec. 30D. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS FRINGE BENEFIT. (a) In General.--Subsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, or'', and by adding at the end the following new paragraph: ``(9) qualified employer-provided computer equipment fringe.''. (b) Qualified Employer-Provided Computer Equipment Fringe.--Section 132 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Qualified Employer-Provided Computer Equipment Fringe.--For purposes of this section-- ``(1) In general.--The term `qualified employer-provided computer equipment fringe' means any computer and related equipment and services provided to an employee by an employer if-- ``(A) such computer and related equipment and services are necessary for the employee to perform work for the employer from the employee's home, and ``(B) the employee makes substantial business use of the equipment in the performance of work for the employer. ``(2) Substantial use.--For purposes of paragraph (1), the term `substantial business use' includes standby use for periods when work from home may be required by the employer such as during work closures caused by the threat of terrorism, inclement weather, or natural disasters.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 303. SENSE OF CONGRESS. It is the sense of Congress that Congress and the employees of the legislative branch of the Federal Government should-- (1) conserve gasoline, aviation, and diesel fuel by whatever means practicable; and (2) as a part of such conservation efforts, promote teleworking.

Gasoline Affordability and Security Act or the GAS Act - States it is unlawful to sell gasoline or diesel fuel at a price which constitutes price gouging (as defined by Federal Trade Commission (FTC)) during the 30-day period beginning on the date on which the President determines the existence of conditions warranting the drawdown and sale of petroleum products from the Strategic Petroleum Reserve. Requires the FTC to establish a Competitive Pricing Task Force to provide assistance upon request of a state attorney general. Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to: (1) ensure that specified funds are allocated to coal-based gasification technologies, including a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel; (2) establish as an energy policy priority the expedited, large-scale commercialization of such technology; and (3) provide funds for a subsequent Fischer-Tropsch technology project. Amends the Internal Revenue Code to allow as a credit against the income tax the qualified teleworking expenses paid or incurred by the taxpayer during such year. Prescribes guidelines for the treatment of employer-provided computer equipment as a fringe benefit. Expresses the sense of Congress that Congress and the employees of the legislative branch of the federal government should: (1) conserve gasoline, aviation, and diesel fuel by whatever means practicable; and (2) as a part of such conservation efforts, promote teleworking.

A bill to ensure gasoline affordability and security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community and Postal Participation Act of 1998''. SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, OR CONSOLIDATION OF POST OFFICES. Section 404 of title 39, United States Code, is amended by striking subsection (b) and inserting the following: ``(b)(1) Before making a determination under subsection (a)(3) as to the necessity for the relocation, closing, or consolidation of any post office, the Postal Service shall provide adequate notice to persons served by that post office of the intention of the Postal Service to relocate, close, or consolidate that post office not later than 60 days before the proposed date of that relocation, closing, or consolidation. ``(2)(A) The notification under paragraph (1) shall be in writing, hand delivered or delivered by mail to persons served by that post office, and published in 1 or more newspapers of general circulation within the zip codes served by that post office. ``(B) The notification under paragraph (1) shall include-- ``(i) an identification of the relocation, closing, or consolidation of the post office involved; ``(ii) a summary of the reasons for the relocation, closing, or consolidation; and ``(iii) the proposed date for the relocation, closing, or consolidation. ``(3) Any person served by the post office that is the subject of a notification under paragraph (1) may offer an alternative relocation, consolidation, or closing proposal during the 60-day period beginning on the date on which the notice is provided under paragraph (1). ``(4)(A) At the end of the period specified in paragraph (3), the Postal Service shall make a determination under subsection (a)(3). Before making a final determination, the Postal Service shall conduct a hearing, and persons served by the post office that is the subject of a notice under paragraph (1) may present oral or written testimony with respect to the relocation, closing, or consolidation of the post office. ``(B) In making a determination as to whether or not to relocate, close, or consolidate a post office, the Postal Service shall consider-- ``(i) the extent to which the post office is part of a core downtown business area; ``(ii) any potential effect of the relocation, closing, or consolidation on the community served by the post office; ``(iii) whether the community served by the post office opposes a relocation, closing, or consolidation; ``(iv) any potential effect of the relocation, closing, or consolidation on employees of the Postal Service employed at the post office; ``(v) whether the relocation, closing, or consolidation of the post office is consistent with the policy of the Government under section 101(b) that requires the Postal Service to provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns in which post offices are not self- sustaining; ``(vi) the quantified long-term economic saving to the Postal Service resulting from the relocation, closing, or consolidation; ``(vii) whether postal officials engaged in negotiations with persons served by the post office concerning the proposed relocation, closing, or consolidation; ``(viii) whether management of the post office contributed to a desire to relocate; ``(ix)(I) the adequacy of the existing post office; and ``(II) whether all reasonable alternatives to relocation, closing, or consolidation have been explored; and ``(x) any other factor that the Postal Service determines to be necessary for making a determination whether to relocate, close, or consolidate that post office. ``(5)(A) Any determination of the Postal Service to relocate, close, or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (4). ``(B) The Postal Service shall respond to all of the alternative proposals described in paragraph (3) in a consolidated report that includes-- ``(i) the determination and findings under subparagraph (A); and ``(ii) each alternative proposal and a response by the Postal Service. ``(C) The Postal Service shall make available to the public a copy of the report prepared under subparagraph (B) at the post office that is the subject of the report. ``(6)(A) The Postal Service shall take no action to relocate, close, or consolidate a post office until the applicable date described in subparagraph (B). ``(B) The applicable date specified in this subparagraph is-- ``(i) if no appeal is made under paragraph (7), the end of the 60-day period specified in that paragraph; or ``(ii) if an appeal is made under paragraph (7), the date on which a determination is made by the Commission under paragraph 7(A), but not later than 120 days after the date on which the appeal is made. ``(7)(A) A determination of the Postal Service to relocate, close, or consolidate any post office may be appealed by any person served by that post office to the Postal Rate Commission during the 60-day period beginning on the date on which the report is made available under paragraph (5). The Commission shall review the determination on the basis of the record before the Postal Service in the making of the determination. The Commission shall make a determination based on that review not later than 120 days after appeal is made under this paragraph. ``(B) The Commission shall set aside any determination, findings, and conclusions of the Postal Service that the Commission finds to be-- ``(i) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(ii) without observance of procedure required by law; or ``(iii) unsupported by substantial evidence on the record. ``(C) The Commission may affirm the determination of the Postal Service that is the subject of an appeal under subparagraph (A) or order that the entire matter that is the subject of that appeal be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. ``(D) The provisions of sections 556 and 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. ``(E) A determination made by the Commission shall not be subject to judicial review. ``(8) In any case in which a community has in effect procedures to address the relocation, closing, or consolidation of buildings in the community, and the public participation requirements of those procedures are more stringent than those provided in this subsection, the Postal Service shall apply those procedures to the relocation, consolidation, or closing of a post office in that community in lieu of applying the procedures established in this subsection. ``(9) In making a determination to relocate, close, or consolidate any post office, the Postal Service shall comply with any applicable zoning, planning, or land use laws (including building codes and other related laws of State or local public entities, including any zoning authority with jurisdiction over the area in which the post office is located). ``(10) The relocation, closing, or consolidation of any post office under this subsection shall be conducted in accordance with section 110 of the National Historic Preservation Act (16 U.S.C. 470h-2).''. SEC. 3. POLICY STATEMENT. Section 101(g) of title 39, United States Code, is amended by adding at the end the following: ``In addition to taking into consideration the matters referred to in the preceding sentence, with respect to the creation of any new postal facility, the Postal Service shall consider the potential effects of that facility on the community to be served by that facility and the service provided by any facility in operation at the time that a determination is made whether to plan or build that facility.''.

Community and Postal Participation Act of 1998 - Modifies Federal postal provisions to require 60-days' written notice before the relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow such persons to present oral or written testimony. Revises factors to be considered in deciding whether to relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community served; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to respond to all alternative proposals by way of a consolidated report containing findings and determinations with respect to each such proposal and to make a copy of such report available at such post office. Provides for an appeal to the Postal Rate Commission of a decision to relocate, close, or consolidate. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community and the service provided by any facility currently in operation at the time that such a decision is made.

Community and Postal Participation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Commission on Campaign Practices Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) for Congress to address the existing problems in the Federal election laws, Congress must act in a nonpartisan manner and engage in a debate based on academic studies and empirical findings instead of partisan rhetoric; (2) when addressing Federal election laws, Congress must be cognizant of the freedoms of speech and association protected under the Constitution; and (3) the current Federal election laws unduly favor incumbent Members of Congress, and, in previous years, Congress has not been able to eliminate this bias when addressing the reform of the Federal election laws. SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Bipartisan Commission on Campaign Practices'' (referred to in this Act as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 12 members appointed within 15 days after the date of the enactment of this Act by the President, by and with the advice and consent of the Senate, from among individuals who are not incumbent Members of Congress and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult-- (1) the Speaker of the House of Representatives with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (2) the majority leader of the Senate with respect to the appointment of 3 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; (3) the minority leader of the House of Representatives with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party; and (4) the minority leader of the Senate with respect to the appointment of 2 members, one of whom is not affiliated with either the Republican Party or the Democratic Party. (b) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. The Chairman may not be affiliated with either the Republican Party or the Democratic Party. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. A majority of the full Commission is required when approving all or a portion of the recommended legislation. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--Subject to such rules as may be adopted by the Commission, the Chair, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, may appoint such personnel as the chair considers necessary, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (2) Temporary and intermittent services.--The Chair may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 7. REPORT AND RECOMMENDED LEGISLATION. (a) Report.--Not later than 90 days after the selection of the Chair of the Commission, the Commission shall submit to the Congress a report of the activities of the Commission. (b) Recommendations.--The report under subsection (a) shall include any recommendations for changes in the laws (including regulations) governing the conducting and financing of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives, to which 7 or more members of the Commission may agree. (c) Preparation of Legislation.--If 7 or more members concur on a recommendation submitted under subsection (b), those members shall prepare and submit with the report under subsection (a) legislation to implement the recommendation. (d) Expedited Congressional Consideration of Legislation.-- (1) In general.--If any legislation is introduced the substance of which implements a recommendation of the Commission submitted under subsection (b), subject to paragraph (2), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of the legislation in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (2) Special rules.--For purposes of applying paragraph (1) with respect to such provisions, the following rules shall apply: (A) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on Rules and Administration of the Senate. (B) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which the recommendation involved is submitted under subsection (b). (C) Notwithstanding subsection (d)(2) of section 2908 of such Act-- (i) it shall be in order to consider an amendment in the nature of a substitute to the legislation offered by the majority leader of the House of Representatives or the Senate (as the case may be); (ii) it shall be in order to consider an amendment in the nature of a substitute to the legislation offered by the minority leader of the House of Representatives or the Senate (as the case may be); (iii) a separate vote shall be taken in each House on adoption of each of the amendments offered and on the legislation as introduced; and (iv) if more than one version of the legislation is adopted by a House pursuant to clause (iii), the version receiving the greatest number of votes in favor of adoption shall be deemed to be legislation passed by that House. SEC. 8. PRIMARY OBJECTIVES OF THE COMMISSION. In formulating its draft of legislation under section 7, the Commission shall consider the following to be its primary objectives: (1) Encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a system in which incumbent Members of Congress do not possess an inherent advantage over challengers. SEC. 9. TERMINATION. The Commission shall cease to exist 60 days after the date of the submission of its report under section 7. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Bipartisan Commission on Campaign Practices Act of 1996 - Establishes the Bipartisan Commission on Campaign Practices. Directs the Commission to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws. (Sec. 7) Requires the Commission to report on its activities to the Congress not later than 90 days after the selection of the Chair of the Commission. Directs that if seven or more members concur on a recommendation, those members shall prepare and submit with the report legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation the substance of which implements a recommendation of the Commission. (Sec. 8) Sets forth the primary objectives of the Commission. (Sec. 9) Terminates the Commission 60 days after the submission of its report. (Sec. 10) Authorizes to be appropriated to the Commission such sums as are necessary to carry out its duties.

Bipartisan Commission on Campaign Practices Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Reform and Enforcement Act of 2005'' or ``CARE Act of 2005''. TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD PROTECTION FUNDS SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS. (a) Child Abuse Prevention and Treatment Act.--Beginning 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall reduce, by 25 percent, the allocation to a State for a fiscal year under title I of the Child Abuse Prevention and Treatment Act that does not meet each of the requirements of title II of this Act. (b) National Child Protection Act of 1993.--Beginning 1 year after the date of the enactment of this Act, the Attorney General shall reduce, by 25 percent, amounts under a grant under section 4(b) of the National Child Protection Act of 1993 to a State for a fiscal year that does not meet each of the requirements of title II of this Act. (c) Redistribution of Funds.--The Attorney General shall, using funds withheld under this section and amounts appropriated pursuant to the authorization of appropriations under section 102, provide grants to States that meet the requirements of title II of this Act. A grant made under this subsection shall be used-- (1) for the computerization of data and criminal history files for purposes of title II of this Act; (2) for the improvement of existing data and computerized criminal history files for purposes of title II of this Act; and (3) to assist the State in the transmittal of data and criminal records to, or the indexing of data and criminal history records in, the national data and criminal history systems for purposes of title II of this Act. SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION. There are authorized to be appropriated for additional grants under section 101(c) $50,000,000 for each of the fiscal years 2006 through 2009. TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE. (a) State Study of Laws Regarding Intrafamilial and Extrafamilial Child Sexual Abuse.--A State meets the requirements of this subsection if, not later than 1 year after the date of enactment of this Act, the State-- (1) has studied the laws in the State that apply to intrafamilial and extrafamilial sexual abuse of children; and (2) has examined, at a minimum-- (A) issues concerning differences in laws applicable to intrafamilial and extrafamilial child sexual abuse; (B) issues concerning disparities in charging and sentencing perpetrators of child sexual abuse, resulting from differences in applicable laws; and (C) issues concerning legislative actions necessary to equalize charging and sentencing of perpetrators of sexual abuse without regard to familial relationship of perpetrator to child victim. (b) Report to the Attorney General.--A State meets the requirements of this subsection if the State submits to the Attorney General a report that contains the results of the study conducted under subsection (a). (c) Legislative Actions to Equalize Sentencing Requirements.-- (1) In general.--Except as provided in paragraph (2), a State meets the requirements of this subsection if, not later than 1 year after the date of enactment of this Act, the State has implemented legislative actions necessary to equalize charging and sentencing of perpetrators of sexual abuse without regard to familial relationship of perpetrator to child victim. (2) Exception.--The Attorney General may provide for an extension of the 1-year time requirement in paragraph (1) for any State if the Attorney General determines that State legislation (other than legislation appropriating funds) is required to meet the additional requirements imposed by this Act. SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF CHILDREN. A State meets the requirements of this section if the State-- (1) compiles and analyzes data relating to intrafamilial and extrafamilial sexual abuse of children; (2) promotes regulations requiring the gathering of such data by State courts and State agencies for compilation and analysis purposes; (3) provides, on an annual basis, to the Attorney General, the Secretary of Health and Human Services, and the Bureau of Justice Statistics a report containing the data referred to in paragraph (1) and a description of the regulations referred to in paragraph (2).

Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act. Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform. Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

To promote the improvement of information on, and protections against, child sexual abuse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Border Enforcement Act''. SEC. 2. USE OF NATIONAL GUARD TO SUPPORT DEPARTMENT OF HOMELAND SECURITY BORDER CONTROL ACTIVITIES. (a) Expanded Deployment of National Guard; Duration.-- (1) Deployment; duration.--In addition to the number of members of the National Guard deployed along the international border between the United States and Mexico as of the date of the enactment of this Act, the Secretary of Defense shall provide for the deployment of not less than an additional 10,000 members of the National Guard along the international border between the United States and Mexico until the date on which the Secretary of Homeland Security certifies that the Federal Government has achieved operational control of the international border. (2) Additional deployments.--The Secretary of Defense may exceed the number specified in paragraph (1) at the request of a Governor of a State that shares a portion of the international border between the United States and Mexico if, despite the deployment of the additional 10,000 members of the National Guard along the international border, operational control of the international border has not been achieved. (3) Deployment authorities.--Members of the National Guard required to be deployed pursuant to paragraph (1) may be deployed under section 502(f) of title 32, United States Code, pursuant to a State border control activities plan approved under section 112a of such title, as added by subsection (b), or pursuant to the order of the Secretary of Defense under any other provision of law. (4) Exemption from end strengths and other limitations.-- Members of the National Guard deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- (A) limits on end strength; or (B) limits on the number of National Guard personal that may be placed on active duty for operational support. (5) Operational control defined.--In this subsection, the term ``operational control'' has the meaning given that term in section 2(b) of the Secure Fence Act of 2006 (Public Law 109- 367; 8 U.S.C. 1701 note). (b) Federal Assistance for State Border Control Activities Plans.-- Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following: ``Sec. 112a. Border control activities ``(a) Funding Assistance.--The Secretary of Defense shall provide funds to the Governor of a State who submits to the Secretary a State border control activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of border control activities. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of border control activities. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of border control activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State border control activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out border control activities. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) Appropriations available for the Department of Defense for homeland defense may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. ``(C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State border control activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the border control activities that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of border control activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(c) Plan Requirements.--A State border control activities plan shall-- ``(1) specify how personnel of the National Guard of that State are to be used in border control activities in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary of Defense may provide for the use of personnel and equipment of the National Guard of that State to assist United States Customs and Border Protection in the transportation of aliens who have violated a Federal immigration law. ``(e) End Strength Limitation.--(1) Except as provided in paragraphs (2) and (3), at the end of a fiscal year there may not be more than 10,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform border control activities pursuant to an order to duty; or ``(B) on duty under State authority to perform border control activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(3) National Guard personnel deployed pursuant to paragraph (1) shall not be included in the calculation to determine compliance with-- ``(A) limits on end strength; or ``(B) limits on the number of National Guard personal that may be placed on active duty for operational support. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e) from the computation of end strengths. ``(2) A description of the border control activities conducted under State border control activities plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State border control activities plans. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `border control activities', with respect to the National Guard of a State, means the use of National Guard personnel in border control activities authorized by the law of the State and requested by the Governor of the State in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security, including activities as follows: ``(A) Armed vehicle and foot patrols along the international border between the United States and Mexico. ``(B) Interdiction of a vehicle, vessel, aircraft or other similar activity. ``(C) Search, seizure, and detention of suspects. ``(D) Construction of roads, fences, and vehicle barriers. ``(E) Search and rescue operations. ``(F) Intelligence gathering, surveillance, and reconnaissance. ``(G) Aviation support. ``(2) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following: ``112a. Border control activities.''.

National Guard Border Enforcement Act - Directs the Secretary of Defense (DOD) (Secretary) to deploy at least an additional 10,000 members of the National Guard for border control activities along the U.S.-Mexico border until the Secretary of Homeland Security (DHS) certifies that the federal government has achieved operational control of the border. Authorizes the Secretary to exceed 10,000 upon the request of a state that shares a portion of the U.S.-Mexico border if, despite deployment of the additional 10,000, operational control of the border has not been achieved. Requires the Secretary to provide funding to a state that submits to the Secretary of State a state border control activities plan meeting certain requirements. Limits the number of National Guard that may be so deployed.

To utilize the National Guard to provide support for the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Living Wage Responsibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to data from fiscal year 1999, approximately 162,000 Federal contract workers did not earn a wage sufficient to lift a family of four out of poverty. Just under 60 percent of these poorly paid workers work for large firms and 62 percent work on Department of Defense contracts. These workers represent 11 percent of the total 1.4 million Federal contract workers in the United States. (2) As of September 2000, 14,356 workers employed by the Federal Government earned less than the poverty level for a family of four. (3) A majority of workers earning less than a living wage are adult females working full-time. A disproportionate number of workers earning less than a living wage are minorities. (4) The Federal Government provides billions of dollars to businesses each year, through spending programs, grants and Government-favored financing. (5) In fiscal year 1999, the Federal Government awarded contracts worth over $208 billion. (6) Congress must ensure that Federal dollars are used responsibly to improve the economic security and well-being of Americans across the country. SEC. 3. POVERTY-LEVEL WAGE. (a) General Rule.--Notwithstanding any other law that does not specifically exempt itself from this Act and except as provided in subsection (b), the Federal Government and any employer under a Federal contract for an amount exceeding $10,000 (or a subcontract under such a contract) shall pay to each of their respective workers-- (1) an hourly wage (or salary equivalent) sufficient for a worker to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four (as published in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))); and (2) an additional amount, determined by the Secretary based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer. (b) Exemptions.--Subsection (a) does not apply to the following: (1) A small-business concern (as that term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (2) A nonprofit organization exempt from Federal income tax under section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)), if the ratio of the total wages of the chief executive officer of such organization to the wages of the full-time equivalent of the lowest paid worker is not greater than 25 to 1. (c) Retaliation Prohibited.--It shall be unlawful for any employer subject to subsection (a) to terminate or suspend the employment of a worker on the basis of such worker's allegation of a violation of subsection (a). (d) Contract Requirement.--Any contract subject to subsection (a) shall contain a provision requiring the Federal contractor to ensure that any worker hired under such contract (or a subcontract thereof) shall be paid in accordance with subsection (a). SEC. 4. ENFORCEMENT BY SECRETARY. (a) In General.--If the Secretary determines (in a written finding setting forth a detailed explanation of such determination), after notice and an opportunity for a hearing on the record, that a Federal contractor (or any subcontractor thereof) subject to section 3 has engaged in a pattern or practice of violations of section 3, the following shall apply to such Federal contractor: (1) Contract cancellation.--After final adjudication of a pattern or practice of violations, the United States may cancel any contract (or the remainder thereof) with the Federal contractor that is a part of the pattern or practice of violations. (2) Restitution.--A Federal contractor whose contract is cancelled under paragraph (1) shall be liable to the United States in an amount equal to the costs to the Government in obtaining a replacement contractor to cover the remainder of any contract cancelled under paragraph (1). (3) Contract ineligibility.--After final adjudication of a pattern or practice of violations, the Federal contractor shall be ineligible to enter into, extend, or renew a contract with the United States for a period of five years after the date of such adjudication. (4) Publication.--Not later than 90 days after final adjudication of a pattern or practice of violations, the Secretary shall publish in the Federal Register a notice describing the ineligibility of the Federal contractor under paragraph (3). (b) Safe Harbor.--Subsection (a) shall not apply if-- (1) the Federal contractor has entered into a consent agreement with the Secretary with regard to a pattern or practice of violations of section 3 and has paid to any aggrieved workers all wages due them, to the satisfaction of the Secretary; or (2) the Secretary determines, after consultation with the affected Government entity, that cancellation or debarment under subsection (a) would not be in the best interests of the Nation or of such Government entity. (c) Judicial Review.--Any Federal contractor aggrieved by an adverse determination of the Secretary under subsection (a) may seek review of such determination in an appropriate court. SEC. 5. EMERGENCIES. The President may suspend the provisions of this Act in times of emergency. SEC. 6. PRIVATE RIGHT OF ACTION. (a) Action.--A worker aggrieved by a violation of section 3 may, in a civil action, recover appropriate relief. A civil action under this section shall be filed not later than 3 years after the commission of such violation. A civil action may not be brought under this section if an employer subject to section 3 has paid or reinstated the worker as a result of an administrative action under section 4. (b) Relief.--In this section, the term ``appropriate relief'' means-- (1) injunction of a violation of section 3; (2) actual damages or, if the court finds that the employer willfully violated section 3, three times actual damages; (3) reasonable attorney fees and the costs of the action; and (4) any other relief the court deems appropriate in the circumstances of the case. SEC. 7. RULEMAKING. The Secretary shall make rules to carry out this Act, which shall take effect not later than 120 days after the date of enactment of this Act. SEC. 8. DEFINITIONS. In this Act: (1) The term ``employer'' means a person who has economic power to set a worker's terms and conditions of employment, regardless of the formality of an employment relationship. (2) The term ``fringe benefits'' means-- (A) medical or hospital care or contributions to a health insurance plan; (B) contributions to a retirement plan; (C) life insurance; (D) disability insurance; and (E) vacation and holiday pay. (3) The term ``Secretary'' means the Secretary of Labor.

Federal Living Wage Responsibility Act - Requires the Federal government and any employer under a Federal contract or subcontract exceeding $10,000 to pay each of their respective workers: (1) an hourly wage (or salary equivalent) necessary for such employee to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four; and (2) an additional amount, based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer.Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1.Directs the Secretary of Labor to enforce this Act. Makes Federal contractors that are part of a pattern or practice of violations of such wage requirements subject to Federal contract suspension, a five-year ineligibility period, and liability for Government costs of obtaining a replacement contractor. Provides for judicial review of the Secretary's determinations, and authorizes the President to suspend the provisions of this Act in times of emergency. Allows an aggrieved worker to bring a civil action against an employer for appropriate relief for a violation of this Act, if the employer has not paid or reinstated the worker as a result of the administrative action.

To provide for livable wages for Federal Government workers and workers hired under Federal contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pollution and Costs Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) actions taken to reduce emissions of air pollutants, as defined in section 302 of the Clean Air Act (42 U.S.C. 7602), will spur investments that create new jobs and foster innovation and entrepreneurship in clean technology industries; and (2) according to the Environmental Protection Agency-- (A) the average building wastes 30 percent of the energy consumed by the building because of inefficiency; and (B) the operating costs of the nearly 5,000,000 buildings in the United States exceed $100,000,000,000 per year. SEC. 3. BUILDING POLLUTION REDUCTION PROGRAM. Section 105 of the Clean Air Act (42 U.S.C. 7405) is amended by adding at the end the following: ``(f) Building Pollution Reduction Program.-- ``(1) Definitions.--In this subsection: ``(A) Air pollutant.--The term `air pollutant' has the meaning given the term in section 302. ``(B) Emissions.--The term `emissions' means-- ``(i) direct emissions of an air pollutant from sources that are owned or controlled by an owner of a building; and ``(ii) indirect emissions of an air pollutant resulting from the generation of electricity, heat, or steam purchased by the owner of a building. ``(2) Program.--The Administrator shall establish and carry out a program, to be known as the `Building Pollution Reduction Program', to provide assistance to owners of buildings in the United States to reduce the emission of air pollutants and building operating costs by-- ``(A) constructing highly efficient buildings in the United States; or ``(B) increasing the efficiency of and reducing the emissions associated with existing buildings in the United States. ``(3) Requirements.--The Administrator shall provide assistance under this section to owners of buildings in the United States based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as-- ``(A) improved energy efficiency; ``(B) increased water-use efficiency; ``(C) use of renewable energy sources; and ``(D) such additional measures, as determined by the Administrator, as will result in a measurable decrease in emissions of air pollutants. ``(4) Priority.--In providing assistance under this subsection, the Administrator shall give priority to projects that-- ``(A) achieve the following minimum scores as evaluated by energy performance benchmarking tools-- ``(i) in new or renovated buildings that demonstrate exemplary performance by achieving-- ``(I) a minimum score of 75 on the benchmarking tool of the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or ``(II) an equivalent score on an established energy performance benchmarking metric selected by the Administrator, such as the metric used for the National Building Rating Program of the Department of Energy; and ``(ii) in retrofitted existing buildings that demonstrate-- ``(I) substantial improvement in the score or rating on the benchmarking tool described in clause (i) by a minimum of 30 points; or ``(II) an equivalent improvement using an established performance benchmarking metric selected by the Administrator; ``(B) are completed by building owners with a proven track record of reducing pollution through the measures described in paragraph (3); and ``(C) result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program described in subparagraph (A)(i)(I). ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2012 through 2016.''.

Pollution and Costs Reduction Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a Building Pollution Reduction Program to provide assistance to building owners to reduce the emission of air pollutants and building operating costs by constructing highly efficient buildings and increasing the efficiency of, and reducing the emissions associated with, existing buildings. Requires the Administrator to: (1) provide such assistance to building owners based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as improved energy efficiency, increased water-use efficiency, and use of renewable energy sources; and (2) give priority to projects that achieve minimum scores in energy performance evaluations and result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program.

A bill to amend the Clean Air Act to reduce pollution and lower costs for building owners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prison Judgment Relief Act of 1995''. SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) In General.--Section 3626 of title 18, United States Code, is amended to read as follows: ``Sec. 3626. Appropriate remedies with respect to prison conditions ``(a) Requirements for Relief.-- ``(1) Limitations on prospective relief.--The court shall not grant or approve any prospective relief unless the court finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. In determining the intrusiveness of the relief, the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. ``(2) Prison population reduction relief.--In any civil action with respect to prison conditions, the court shall not grant or approve any relief whose purpose or effect is to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. ``(b) Termination of Relief.-- ``(1) Automatic termination of prospective relief after 4- year period.--In any civil action with respect to prison conditions, any prospective relief shall automatically terminate 4 years after the later of-- ``(A) the date of entry of the final judgment in which the court found the violation of a Federal right that was the basis for the relief; or ``(B) in the case of a final judgment entered more than 4 years before the date of the enactment of the Prison Judgment Relief Act of 1995, 180 days after the date of the enactment of such Act. ``(2) Immediate termination of prospective relief.--In any civil action with respect to prison conditions, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief, if that relief was approved or granted in the absence of a finding by the court that prison conditions violated a Federal right. ``(c) 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 prison conditions. ``(d) Standing.--Any Federal, State, or local official or unit of government-- ``(1) whose jurisdiction or function includes the prosecution or custody of persons in a prison subject to; or ``(2) who otherwise is or may be affected by; any relief whose purpose or effect is to reduce or limit the prison population shall have standing to oppose the imposition or continuation in effect of that relief and may intervene in any proceeding relating to that relief. Standing shall be liberally conferred under this subsection so as to effectuate the remedial purposes of this section. ``(e) Special Masters.--In any civil action in a Federal court with respect to prison conditions, any special master or monitor shall be a United States magistrate and shall make proposed findings on the record on complicated factual issues submitted to that special master or monitor by the court, but shall have no other function. The parties may not by consent extend the function of a special master beyond that permitted under this subsection. ``(f) Attorney's Fees.--No attorney's fee under section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) may be granted to a plaintiff in a civil action with respect to prison conditions except to the extent such fee is-- ``(1) directly and reasonably incurred in proving an actual violation of the plaintiff's Federal rights; and ``(2) proportionally related to the extent the plaintiff obtains court ordered relief for that violation.''. ``(g) Definitions.--As used in this section-- ``(1) the term `prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; ``(2) the term `relief' means all relief in any form which may be granted or approved by the court, and includes consent decrees and settlement agreements (except a settlement agreement the breech of which is not subject to any court proceeding which such agreement settled); and ``(3) the term `prospective relief' means all relief other than compensatory monetary damages.'' (b) Application of Amendment.--Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to all relief (as defined in such section) whether such relief was originally granted or approved before, on, or after the date of the enactment of this Act. (c) Clerical Amendment.--The item relating to section 3526 in the table of sections at the beginning of subchapter C of chapter 229 of title 18, United States Code, is amended by striking ``crowding'' and inserting ``conditions''.

Prison Judgment Relief Act of 1995 - Amends the Federal criminal code to prohibit the court from granting or approving prospective relief with respect to prison conditions unless it finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of such right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system. Prohibits the court, in any civil action with respect to such conditions, from granting or approving relief to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Specifies that any prospective relief in such an action shall automatically terminate four years after the later of: (1) the date of entry of the final judgment in which the court found the violation of a Federal right; or (2) 180 days after the date of enactment of this Act. Entitles a defendant or intervenor to immediate termination of prospective relief that was approved or granted in the absence of a finding by the court that such conditions violated a Federal right. Requires the court to promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. Sets forth provisions regarding: (1) standing (Federal, State, or local officials shall have standing under specified circumstances to oppose the imposition or continuation of relief and to intervene in proceedings relating to that relief); (2) special masters; and (3) limits on attorney's fees.

Prison Judgment Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research and Development Investment Act''. SEC. 2. REAUTHORIZE AND REVISE THE RENEWABLE ENERGY PRODUCTION INCENTIVE PROGRAM. (a) Incentive Payments.--Section 1212(a) of the Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is amended by striking ``and which satisfies'' and all that follows through ``Secretary shall establish.'' and inserting ``. If there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities in any given year, the Secretary shall assign 60 percent of appropriated funds for that year to facilities that use solar, wind, geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity, and assign the remaining 40 percent to other projects. The Secretary may, after transmitting to the Congress an explanation of the reasons therefor, alter the percentage requirements of the preceding sentence.''. (b) Qualified Renewable Energy Facility.--Section 1212(b) of the Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended-- (1) by striking ``a State or any political'' and all that follows through ``nonprofit electrical cooperative'' and inserting ``a not-for-profit electric cooperative, a public utility described in section 115 of the Internal Revenue Code of 1986, a State, Commonwealth, territory, or possession of the United States or the District of Columbia, or a political subdivision thereof, or an Indian tribal government of subdivision thereof,''; and (2) by inserting ``landfill gas,'' after ``wind, biomass,''. (c) Eligibility Window.--Section 1212(c) of the Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is amended by striking ``during the 10- fiscal year period beginning with the first full fiscal year occurring after the enactment of this section'' and inserting ``after October 1, 2005, and before October 1, 2015''. (d) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) is amended by inserting ``landfill gas,'' after ``wind, biomass,''. (e) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42 U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all that follows through ``of this section'' and inserting ``September 30, 2025''. (f) Authorization of Appropriations.--Section 1212(g) of the Energy Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows: ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 through 2025, to remain available until expended.''. SEC. 3. EXTENSION AND EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) Extension.--Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2006'' and inserting ``2011''. (b) Incremental Geothermal Energy and Incremental Hydropower Production.-- (1) In general.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting a comma, and by adding at the end the following new subparagraphs: ``(H) incremental geothermal energy production, and ``(I) incremental hydropower production.''. (2) Definition of resources.--Section 45(c) of such Code is amended by adding at the end the following new paragraphs: ``(8) Incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any taxable year the excess of-- ``(i) the total kilowatt hours of electricity produced from an incremental geothermal facility described in subsection (d)(9), over ``(ii) the average annual kilowatt hours produced at such facility for 5 of the previous 7 calendar years before the date of the enactment of this paragraph after eliminating the highest and the lowest kilowatt hour production years in such 7-year period. ``(B) Special rule.--A facility described in subsection (d)(9) which was placed in service at least 7 years before the date of the enactment of this paragraph shall commencing with the year in which such date of enactment occurs, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average percentage decrease in the annual kilowatt hour production for the 7-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent. ``(9) Incremental hydropower production.-- ``(A) In general.--The term `incremental hydropower production' means for any taxable year an amount equal to the percentage of total kilowatt hours of electricity produced from an incremental hydropower facility described in subsection (d)(10) attributable to efficiency improvements or additions of capacity as determined under subparagraph (B). ``(B) Determination of incremental hydropower production.--For purposes of subparagraph (A), incremental hydropower production for any incremental hydropower facility for any taxable year shall be determined by establishing a percentage of average annual hydropower production at the facility attributable to the efficiency improvements or additions of capacity using the same water flow information used to determine an historic average annual hydropower production baseline for such facility. Such percentage and baseline shall be certified by the Federal Energy Regulatory Commission. For purposes of the preceding sentence, the determination of incremental hydropower production shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity.''. (3) Facilities.--Section 45(d) of such Code (relating to qualified facilities) is amended by adding at the end the following new paragraphs: ``(9) Incremental geothermal facility.--In the case of a facility using incremental geothermal to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before the date of the enactment of this paragraph, but only to the extent of its incremental geothermal production. In the case of a qualified facility described in the preceding sentence, the 10- year period referred to in subsection (a) shall be treated as beginning not earlier than such date of enactment. Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48. ``(10) Incremental hydropower facility.--In the case of a facility using incremental hydropower to produce electricity, the term `qualified facility' means any non-Federal hydroelectric facility owned by the taxpayer which is originally placed in service before the date of the enactment of this paragraph, but only to the extent of its incremental hydropower production. In the case of a qualified facility described in the preceding sentence, the 10-year period referred to in subsection (a) shall be treated as beginning not earlier than such date of enactment.''. (c) Effective Date.--The amendments made by this section shall apply to facilities placed in service after December 31, 2005. SEC. 4. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. RESIDENTIAL SOLAR AND GEOTHERMAL PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the qualified energy property expenditures made by the taxpayer during such year. ``(b) Limitations.--No credit shall be allowed under this section for an item of property unless-- ``(1) the original use of such property commences with the taxpayer, ``(2) such property reasonably can be expected to remain in use for at least 5 years, and ``(3) such property is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer. ``(c) Qualified Energy Property Expenditures.--For purposes of this section, the term `qualified energy property expenditure' means an expenditure for energy property (as defined in paragraph (3) of section 48(a) (determined without regard to subparagraphs (B) and (C) thereof). ``(d) Special Rules.--For purposes of this section-- ``(1) Solar panels.--No expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as property described in subsection (c) solely because it constitutes a structural component of the structure on which it is installed. ``(2) Swimming pools, etc., used as storage medium.-- Expenditures which are properly allocable to a swimming pool, hot tub, or any other energy storage medium which has a function other than the function of such storage shall not be taken into account for purposes of this section. ``(3) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(4) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(5) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(6) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(7) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(8) Property financed by subsidized energy financing.-- For purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 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 25C(e), in the case of amounts with respect to which a credit has been allowed under section 25C.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Residential solar and geothermal property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2004. SEC. 5. DELAY IN PHASEOUT OF DEDUCTION FOR CLEAN-FUEL VEHICLES. (a) In General.--Section 179A(b)(1)(B) of the Internal Revenue Code of 1986 (relating to phaseout) is amended by striking ``2005'' and inserting ``2006''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2005. SEC. 6. DELAY IN PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) In General.--Section 30(b)(2) of the Internal Revenue Code of 1986 (relating to phaseout) is amended by striking ``2005'' and inserting ``2006''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2005.

Research and Development Investment Act - Amends the Energy Policy Act of 1992 to: (1) direct the Secretary of Energy, if there are insufficient appropriations in any given year, to assign 60 percent of appropriated funds under the renewable energy production incentive program to facilities that use solar, wind, geothermal, or closed-loop biomass to generate electricity; (2) redefine "qualified renewable energy facility"; (3) extend the eligibility period for payments under the program through FY2015; (4) include landfill gas as a renewable energy resource; and (5) extend the termination date and program funding through FY2025. Amends the Internal Revenue Code to: (1) extend the tax credit for production of electricity from certain renewable resources until 2011; (2) include incremental geothermal and hydropower facilities as qualified energy resources for purposes of such credit; (3) allow a tax credit for 10 percent of residential solar and geothermal energy property expenditures; and (4) delay the phaseout of the tax deduction for clean-fuel vehicles and the tax credit for qualified electric vehicles until 2006.

A bill to reauthorize and revise the Renewable Energy Production Incentive program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Drug Policy Commission Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Substance Abuse and Mental Health Services Administration's (SAMHSA) National Survey on Drug Use and Health, in 2008 in the United States, there were an estimated 25,768,000 users of marijuana, 5,255,000 users of cocaine, 850,000 users of methamphetamine, and 453,000 users of heroin. (2) Nearly 100 percent of the United States cocaine supply originates in the Andean countries of Bolivia, Colombia, and Peru and over 90 percent of the United States heroin supply originates in Colombia and Mexico. (3) In those countries, the cultivation, production and trafficking of cocaine and heroin generate violence, instability and corruption. (4) In the transit countries of Central America, Mexico, Venezuela, Ecuador, Haiti, and other Caribbean countries, drug trafficking is central to the growing strength of organized criminals to threaten local and national law enforcement, political institutions, citizen security, rule of law, and United States security and interests. (5) Drug-related violence is on the rise in Mexico and along the United States-Mexico border. 5,661 people died in Mexico in 2008 alone as a result of drug-related violence. This is more than double the 2007 total of 2,773. (6) According to the Department of State's June 2009 Trafficking in Persons report, organized criminal networks in Mexico also ``traffic Mexican women and girls into the United States for commercial sexual exploitation''. (7) Extremist groups and their supporters in the Western Hemisphere, including the Revolutionary Armed Forces of Colombia (FARC) and Hezbollah, often use drug trafficking to finance terrorist activities. (8) From 1980-2008, United States counternarcotics assistance from the State and Defense Departments to Latin America and the Caribbean totaled about $11,300,000,000. SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. There is established an independent commission to be known as the ``Western Hemisphere Drug Policy Commission'' (in this Act referred to as the ``Commission''). SEC. 4. PURPOSE. The Commission shall review and evaluate United States policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere, along with foreign and domestic demand reduction policies and programs. The Commission shall identify policy and program options to improve existing international and domestic counternarcotics policy. SEC. 5. DUTIES OF THE COMMISSION. (a) Review of Illicit Drug Supply Reduction and Demand Reduction Policies.--The Commission shall conduct a comprehensive review of United States policy regarding illicit drug supply reduction, interdiction, and demand reduction policies and shall, at a minimum, address the following topics: (1) An assessment of United States international illicit drug control policies in the Western Hemisphere. (2) An assessment of drug interdiction efforts, crop eradication programs, and the promotion of economic development alternatives to illicit drugs. (3) The impact of the Andean Counterdrug Initiative (ACI), the Merida Initiative, the Caribbean Basin Security Initiative, and other programs in curbing drug production, drug trafficking, and drug-related violence in the Western Hemisphere. (4) An assessment of how to better deploy and employ available technology to target major drug cartels. (5) An assessment of efforts to curb the trafficking of chemical precursors for illicit drugs. (6) An assessment of how the United States drug certification process serves United States interests with respect to United States international illicit drug control policies. (7) An assessment of the nature and extent of the United States population's demand for illicit drugs. (8) An assessment of United States drug prevention and treatment programs, including anti-drug coalitions, drug courts, and programs aimed at preventing recidivism. (9) An assessment of the extent to which the consumption of illicit drugs in the United States is driven by individuals addicted to or abusive of illicit drugs, and the most effective experiences in the United States and throughout the world in treating those individuals and reducing the damage to themselves and to society. (10) Recommendations on how best to improve United States policies aimed at reducing the supply of and demand for illicit drugs. (11) Assessing the value of supporting relevant government entities and nongovernmental institutions in other countries of the Western Hemisphere in promoting the reduction of supply of and demand for illicit drugs. (12) An assessment of whether the proper indicators of success are being used in United States illicit drug control policy. (b) Coordination With Governments, International Organizations, and Nongovernmental Organizations (NGOs) in the Western Hemisphere.--In conducting the review required under subsection (a), the Commission shall consult with-- (1) government, academic, and nongovernmental leaders, as well as leaders from international organizations, from throughout the United States, Latin America, and the Caribbean; and (2) the Inter-American Drug Abuse Control Commission (CICAD) to examine what changes would increase its effectiveness. (c) Report.-- (1) In general.--Not later than 12 months after the first meeting of the Commission, the Commission shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Attorney General, and the Director of the Office of National Drug Control Policy (ONDCP) a report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission, including summaries of the input and recommendations of the leaders and organizations with which is consulted under subsection (b). (2) Public availability.--The report required under this subsection shall be made available to the public. SEC. 6. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of ten members, to be appointed as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (3) The President shall appoint two members. (b) Appointments.--The Commission may not include Members of Congress or other currently elected Federal, State, or local government officials. (c) Period of Appointment.--Each member shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission, but shall be filled in the same manner as the original appointment. (d) Date.--Members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (e) Initial Meeting and Selection of Chairperson.--Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement a schedule for completion of the review and report required under section 5. At the initial meeting, the Commission shall select a Chairperson from among its members. (f) Quorum.--Six members of the Commission shall constitute a quorum. (g) Travel Expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. SEC. 7. POWERS. (a) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (c) Other Resources.--The Commission shall have reasonable access to documents, statistical data, and other such information the Commission determines necessary to carry out its duties from the Library of Congress, the Office of National Drug Control Policy, the Department of State, the Department of Health and Human Services, the Department of Justice, the Drug Enforcement Administration, the Department of Defense (including the United States Southern Command), and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. The General Services Administration (GSA) shall make office space available for day-to-day Commission activities and for scheduled Commission meetings. Upon request, the Administrator of General Services shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority to Use the United States Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Authority to Contract.--Subject to the Federal Property and Administrative Services Act of 1949, the Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission. SEC. 8. STAFF. (a) Executive Director.--The Commission shall have a staff headed by an Executive Director. The Executive Director and such staff as is needed shall be paid at a rate not more than the rate of pay for level IV of the Executive Schedule. (b) Staff Appointment.--With the approval of the Commission, the Executive Director may appoint such personnel as the Executive Director determines to be appropriate. The Commission may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (c) Experts and Consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $2,000,000 to carry out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available, without fiscal year limitation, until expended. SEC. 10. SUNSET. The Western Hemisphere Drug Policy Commission shall terminate 60 days after the submission to Congress of its report under section 5(c). Passed the House of Representatives December 8, 2009. Attest: LORRAINE C. MILLER, Clerk.

Western Hemisphere Drug Policy Commission Act of 2009 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review and evaluate U.S. policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere; (2) review and evaluate foreign and domestic demand reduction policies and programs; and (3) identify policy and program options to improve existing international and domestic counternarcotics policy. Sets forth Commission duties. Authorizes appropriations. Terminates the Commission 60 days after submission of the report required under this Act.

To establish the Western Hemisphere Drug Policy Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cooperation Against Terrorism Act of 2002''. SEC. 2. ELECTRONIC TRANSMISSION OF PASSENGER MANIFESTS. Section 44909(c) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(6) Penalties.--In addition to any other penalties, any air carrier or foreign air carrier that does not electronically transmit data through the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) (``APIS'') shall be subject to the following penalties: ``(A) Within 60 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $5,000 for every flight of that carrier that does not submit complete and accurate data in the electronic manifest for at least 85 percent of the passengers and crew of such flight. ``(B) Within 120 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $7,000 for every flight of that carrier that does not submit complete and accurate data in the electronic manifest for 100 percent of the passengers and crew of such flight. ``(C) Within 210 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, the United States Customs Service shall revoke the landing rights of an air carrier or foreign air carrier that does not submit complete and accurate data in the electronic manifest for 100 percent of the passengers and crew of every flight of such carrier.''. SEC. 3. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO. Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended-- (1) by striking ``Any manifest'' and inserting ``(1) In general.--Any manifest''; and (2) by adding at the end the following new paragraph: ``(2) Cargo manifest.-- ``(A) Requirement.--In addition to any other requirement under this section, the pilot, operator, or owner (or the authorized agent of such owner or operator) of every aircraft required to make entry or obtain clearance under the customs laws of the United States shall electronically transmit the cargo manifest information described in subparagraph (B) in advance of such entry or clearance in such manner, time, and form as the Secretary shall prescribe. The Secretary may exclude any class of aircraft from the requirements of this subparagraph if the Secretary determines that such requirements are not necessary. ``(B) Content.--The cargo manifest for each aircraft shall consist of the following information: ``(i) The port or place of arrival or departure. ``(ii) The carrier code, prefix code, or both. ``(iii) The flight, voyage, or trip number. ``(iv) The date of scheduled arrival or date of scheduled departure. ``(v) The request for permit to proceed to the destination, if applicable. ``(vi) The numbers and quantities from the air carrier's master bill of lading. ``(vii) The first port of lading of the cargo. ``(viii) A description, including the weight, of any cargo that is not in a sealed container. ``(ix) The shipper's declared description, including the weight, of any cargo that is in a sealed container. ``(x) The shippers name and address from all bills of lading. ``(xi) The consignee's name and address from all bills of lading. ``(xii) Information regarding any discrepancies between the quantities listed on the bill of lading and the actual quantity on board. ``(xiii) Transfer or transit information for the cargo while it has been under the control of the air carrier. ``(xiv) Warehouse or other location of the cargo while it has been under the control of the air carrier. ``(xv) Any additional information that the Secretary by regulation determines is reasonably necessary to ensure aviation transportation safety. ``(C) Certain verification not required.--Nothing in subparagraph (B)(xii), shall require an air carrier to verify boarded quantities of cargo in sealed containers. ``(D) Notice.--The Commissioner of Customs shall notify all air carriers of the requirements of this paragraph. ``(E) Enforcement.--In addition to any other penalties, any air carrier that does not comply with the requirements of this paragraph shall be subject to the following penalties: ``(i) Within 60 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $5,000 for every flight of that carrier that does not submit complete and accurate data for at least 85 percent of the cargo of such flight. ``(ii) Within 120 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, a fine of $7,000 for every flight of that carrier that does not submit complete and accurate data for 100 percent of the cargo of such flight. ``(iii) Within 210 days after the date of enactment of the International Cooperation Against Terrorism Act of 2002, the United States Customs Service shall revoke the landing rights of the air carrier that does not submit complete and accurate data for 100 percent of the cargo of every flight of such carrier. ``(F) Definition.--In this paragraph, the term `air carrier' has the meaning given the terms `air carrier' and `foreign air carrier' in section 40102 of title 49, United States Code.''. SEC. 4. OVERSIGHT OF CHARITABLE ORGANIZATIONS CONNECTED TO TERRORIST ACTIVITIES. (a) Reporting Requirements.--The President, in consultation with the task force described in subsection (b)(1), is authorized to conclude agreements with foreign countries under which the governments of those countries agree to require each qualified charitable organization operating in any of those countries to report-- (1) the overall sources of the organization's funds, including amounts received from fundraising, amounts received from sales, and amounts received from the holding of events; (2) the names of the organization's officers and directors; (3) an itemization of the organization's expenses; and (4) a description of all lobbying and political activities of the organization. (b) Task Force.-- (1) In general.--The task force referred to in subsection (a) means an interagency task force consisting of 3 representatives from each of the Department of State, the Department of the Treasury, and the Department of Justice for the purpose of coordinating the activities of the United States Government with respect to the activities of charitable organizations abroad. (2) International cooperation.--The members of the task force shall cooperate with appropriate counterpart representatives of any foreign country with which the United States seeks to conclude, or to implement, an agreement under subsection (a). (c) Report.--The task force described in subsection (b) shall report to the Speaker of the House of Representatives and the President pro tempore of the Senate on its progress not later than 6 months after the date of enactment of this Act and every 6 months thereafter on its progress. Each such report shall include a list of countries that are cooperating with the task force and a description of the degree of cooperation or noncooperation of the foreign countries with which the President has sought to conclude an agreement under subsection (a). (d) Qualified Charitable Organization Defined.--In this section, the term ``qualified charitable organization'' means a charitable organization that has been identified by the task force as an organization that sponsors, funds, receives funds from, or supports terrorist organizations. SEC. 5. EXPORT LICENSE REQUIRED. Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended-- (1) by amending paragraph (1), to read as follows: ``(1) A validated license shall be required for the export of goods or technology to a country if the Secretary of State determines that-- ``(A) the government of such country-- ``(i) is not cooperating with the United States antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; or ``(ii) has repeatedly provided support for acts of international terrorism; and ``(B) with respect to a country described in subparagraph (A), the export of such goods or technology could make a significant contribution to-- ``(i) the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism; or ``(ii) the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.''; (2) in paragraph (2), by striking ``Foreign Affairs'' and inserting ``International Relations and the Committee on Ways and Means''; (3) in paragraph (4), in the matter preceding subparagraph (A), by inserting ``, chairman of the Committee on Ways and Means, and the chairman of the Committee on International Relations'' after ``the Speaker''; (4) in paragraph (4)(A)-- (A) by inserting ``at least 45 days'' after ``(A)''; (B) in clause (ii), by striking ``and''; (C) in clause (iii), by striking ``or''; and (D) by adding at the end the following: ``(iv) that government is cooperating with United States antiterrorism efforts; and ``(v) that government has provided assurances that it will cooperate with future efforts to fight terrorism; or''; (5) in paragraph (4)(B)-- (A) in clause (i), by striking ``and''; (B) in clause (ii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(iii) the government concerned has taken action to cooperate with antiterrorism efforts during the preceding 6-month period; and ``(iv) the government concerned has provided assurances that it will support efforts to fight terrorism in the future.''; and (6) in paragraph (5)-- (A) in subparagraph (E), by striking ``and''; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) an analysis of the impact of the proposed export or transfer on the development of the foreign country's ability to explore for, extract, refine, or transport petroleum or natural gas and the effects on the surrounding countries' petroleum or natural gas resources and the ability to explore for these resources.''. SEC. 6. CONDITIONAL SANCTIONS REGARDING INVESTMENT. (a) Foreign Investment Controls.-- (1) In general.--Notwithstanding any other provision of law, a validated license shall be required for the financial investment by a United States person in a foreign country if the President determines that the government of such country is not cooperating with United States antiterrorism efforts, including freezing the bank accounts of entities supporting terrorist activities, and sharing intelligence information regarding terrorist organizations with the United States. (2) United states person defined.--In this section, the term ``United States person'' means-- (A) a United States citizen; (B) a partnership, corporation, or other legal entity organized under the laws of the United States; or (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both. (b) Prohibition on Licenses.--A license described in subsection (a) shall not be issued if the President determines that the proposed financial investment would make a significant contribution to-- (1) the military potential of the foreign country, including its military logistics capability; or (2) the development of the foreign country's ability to explore for, extract, refine, or transport petroleum or natural gas. (c) Publication.--Each determination of the President under subsection (a), shall be published in the Federal Register. (d) Notification.--The President shall notify the Committee on International Relations and the Committee on Ways and Means of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before issuing any validated license required by subsection (a). (e) Content of Notification.--The President shall include in the notification required by subsection (d)-- (1) a detailed description of the investment to be offered for which a license to invest is sought; (2) the reasons why the foreign country or international organization to which the investment is proposed to be made needs the investment and a description of the manner in which such country or organization intends to use such investment; (3) an analysis of the impact of the proposed investment on the military capabilities of the foreign country or international organization to which such investment would be made; (4) an analysis of the manner in which the proposed investment would affect the relative military strengths of countries in the region to which the investment is being delivered and whether other countries in the region have comparable kinds and amounts of investments; (5) an analysis of the impact of the proposed investment on the development of the foreign country's ability to explore for, extract, refine, or transport by petroleum or natural gas and the effects on the surrounding countries' petroleum or natural gas resources and ability to explore for these resources; and (6) an analysis of the impact of the proposed investment on the United States relations with the countries in the region to which the investment is being delivered. (f) Rescission.--A determination made by the President under subsection (a) may not be rescinded unless the President submits to the chairman of the Committee on International Relations and to the chairman of the Committee on Ways and Means of the House of Representatives, to the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate, at least 45 days before the proposed rescission would take effect, a report certifying that-- (1) there has been a fundamental change in the policies of the government of the country concerned; (2) the government is cooperating with United States antiterrorism efforts; (3) the government has provided assurances that it will cooperate with future efforts to fight terrorism; or (4) the reasons why the proposed investment is in the national security interest of the United States. SEC. 7. ANNUAL REPORT. The President shall, not later than 30 days after the date of enactment of this Act, and not later than December 31 of each year thereafter, submit a report to the Committee on International Relations and the Committee on Ways and Means of the House of Representatives, and to the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate, evaluating the implementation of the provisions of the International Cooperation Against Terrorism Act of 2002 and the amendments made by such Act.

International Cooperation Against Terrorism Act of 2002 - Amends Federal aviation law to establish certain civil penalties for domestic and foreign air carriers which do not transmit passenger and crew manifest data electronically for each flight through the advanced passenger information system (APIS) to the Commissioner of Customs.Amends the Tariff Act of 1931 to require the pilot, operator, or owner of every aircraft required to make entry or obtain clearance under the U.S. customs laws to transmit certain cargo manifest information electronically in advance in the manner, time, and form the Secretary of the Treasury shall prescribe. Specifies civil penalties for noncompliance with such requirements.Authorizes the President to conclude agreements with foreign countries in which such countries agree to require charitable organizations identified as supporting terrorist organizations to report certain information, including the overall sources of organization funds.Amends the Export Administration Act of 1979 to revise the requirement of a validated license for the export of goods or technology to a foreign country supporting international terrorism. Extends such requirement to a country if the Secretary of State determines that: (1) the government of the country is not cooperating with U.S. antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; and (2) the export to the country of such goods or technology could make a significant contribution to the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.Requires a validated license for the financial investment by a U.S. person in a foreign country if the President makes determinations about the country similar to those relating to the export of goods or technology.

A bill to improve antiterrorism efforts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Technology Innovation and Defense Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Federal Government should prioritize the investigation of terrorist and illicit use of new financial technology, including digital currencies. SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE. (a) Establishment.--There is established the Independent Financial Technology Task Force (the ``Task Force''), which shall consist of-- (1) the Secretary of the Treasury, who shall serve as the head of the Task Force; (2) the Attorney General; (3) the Director of the Central Intelligence Agency; (4) the Director of the Financial Crimes Enforcement Network; (5) the Director of the Secret Service; (6) the Director of the Federal Bureau of Investigations; and (7) 4 individuals appointed by the Secretary of the Treasury to represent the private sector (including the banking industry, non-profit groups, and think tanks). (b) Duties.--The Task Force shall-- (1) conduct independent research on terrorist and illicit use of new financial technologies, including digital currencies; and (2) develop legislative and regulatory proposals to improve counter-terrorist and counter-illicit financing efforts. (c) Annual Congressional Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Task Force shall issue a report to the Congress containing the findings and determinations made by the Task Force in the previous year and any legislative and regulatory proposals developed by the Task Force. SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL CURRENCIES. (a) In General.--The Secretary of the Treasury, in consultation with the Attorney General, shall establish a program to pay a reward to any person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. (b) Use of Appropriated Funds.--To the extent provided in advance by appropriation Acts, the Secretary may use appropriated funds to pay a reward under this section with respect to information leading to a conviction described under subsection (a) if the amount of fines and forfeitures related to such conviction are not sufficient to pay such reward. (c) Use of Fines and Forfeitures.--With respect to fines and forfeitures related to the conviction of an individual involved with terrorist use of digital currencies, the Secretary of the Treasury shall, without further appropriation or fiscal year limitation-- (1) use such amounts to pay rewards under this section related to such conviction; (2) with respect to any such amounts remaining after payments are made under paragraph (1), repay to the general fund of the Treasury-- (A) any reward amounts paid using appropriated funds under subsection (b); and (B) the amount of any funds appropriated to the FinTech Leadership in Innovation Fund established under section 5; and (3) with respect to any such amounts remaining after payments are made under paragraphs (2) and (3), deposit such amounts in the FinTech Leadership in Innovation Fund. SEC. 5. FINTECH LEADERSHIP IN INNOVATION FUND. (a) Establishment.--There is established a fund to be known as the ``FinTech Leadership in Innovation Fund'', which shall be available to the Secretary of the Treasury, without further appropriation or fiscal year limitation, to carry out this section. (b) Innovation Grants.-- (1) In general.--The Secretary of the Treasury shall make grants for the development of tools and programs to detect terrorist and illicit use of digital currencies. (2) Eligible recipients.--The Secretary may make grants under this subsection to entities located in the United States, including academic institutions, companies, non-profit institutions, individuals, and any other entities locating in the United States that the Secretary determines appropriate. (3) Eligible projects.--With respect to tools and programs described under paragraph (1), in addition to grants for the development of such tools and programs, the Secretary may make grants under this subsection to carry out pilot programs using such tools, the development of test cases using such tools, and research related to such tools. (4) Preferences.--In making grants under this subsection, the Secretary shall give preference to-- (A) technology that is non-proprietary or that is community commons-based; (B) computer code that is developed and released on an open source basis; and (C) tools that are proactive (such as meeting regulatory requirements under ``know your customer'' and anti-money laundering requirements for any entity that has to comply with U.S. Government regulations) vs. reactive (such as aiding law enforcement organizations in catching illegal activity after the fact). (5) Other requirements.-- (A) Use of existing global standards.--Any new technology developed with a grant made under this subsection shall be based on existing global standards, such as those developed by the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). (B) Supporting existing laws or regulations.--Tools and programs developed with a grant made under this subsection shall be in support of existing laws or regulations, including the Bank Secrecy Act. (C) Open access requirement.--Tools and programs developed with a grant made under this subsection shall be freely accessible and usable by the public. This requirement may be fulfilled by publicly availing application programming interfaces or software development kits. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- (A) section 21 of the Federal Deposit Insurance Act; (B) chapter 2 of title I of Public Law 91-508; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Digital currency.--The term ``digital currency''-- (A) means a digital representation of value that-- (i) is used as a medium of exchange, unit of account, or store of value; and (ii) is not legal tender, whether or not denominated in legal tender; and (B) does not include-- (i) a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or digital currency; or (ii) a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform. (3) Terrorist.--The term ``terrorist'' includes a person carrying out domestic terrorism or international terrorism (as such terms are defined, respectively, under section 2331 of title 18, United States Code).

Financial Technology Innovation and Defense Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. Specifically, the bill: establishes the Independent Financial Technology Task Force, which must report annually on such matters; establishes the FinTech Leadership in Innovation Fund to support the development of tools and programs to detect such activity; and directs the Department of the Treasury to provide a reward for a person who provides information regarding terrorist use of digital currencies.

Financial Technology Innovation and Defense Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birmingham Civil Rights National Historical Park''. SEC. 2. FINDINGS. Congress finds the following: (1) The Birmingham Civil Rights District is an area of downtown Birmingham, Alabama, where significant events in the American Civil Rights Movement of the 1950s and 1960s took place. Many sites in this area are listed on the National Register of Historic Places, including the A.G. Gaston Motel, Kelley Ingram Park, 16th Street Baptist Church, Bethel Baptist Church, the 4th Avenue Historic District, and the Birmingham Civil Rights Institute. (2) In the 1960s, Birmingham was regarded as one of the most segregated cities in the South. Parks, pools, playgrounds, hotels, theaters, and elevators were segregated by race. Discrimination extended to public housing and employment. Despite some change in the early 1950s, segregation remained firmly in place and violence was frequently used to maintain the status quo. (3) From 1945 to 1963, Birmingham witnessed 60 bombings of African-American homes, businesses, and churches designed to intimidate Civil Rights advocates. The violence earned the City the nickname ``Bombingham''. In early 1963, Alabama Governor George Wallace declared, ``Segregation Now! Segregation tomorrow! Segregation Forever!''. (4) In the spring of 1963, Reverend Fred Shuttlesworth requested that the Southern Christian Leadership Conference (SCLC) make the City of Birmingham the epicenter for an ambitious new Civil Rights campaign. ``Project C'' (C for confrontation) was designed to eliminate segregation through mass protests, marches, and sit-ins. The A.G. Gaston Motel served as headquarters for Project C, and was home base for much of the SCLC leadership including Dr. King. (5) The A.G. Gaston Motel opened in 1954 and was regarded as a ``historic monument to black entrepreneurship'' in a time of racial segregation. The Motel was built and owned by Arthur George Gaston (1892-1996), a prominent African-American businessman, and is listed on the National Register of Historic Places. (6) The Project C campaign began on April 6, 1963, when police arrested 45 protestors who marched from the A.G. Gaston Motel to downtown Birmingham. One week later, during the Good Friday march, Dr. Martin Luther King, Jr., was arrested and jailed by Birmingham police. While in prison, Dr. King wrote his famous ``Letter from a Birmingham Jail''. He wrote the letter as a response to the ``Call to Unity'' statement from eight White Alabama clergymen who opposed segregation. They believed that the battle for equality should be fought in the courts, not by outsiders trying to stir up civil unrest. As a response, Dr. King wrote ``I am in Birmingham because injustice is here.''. (7) Phase two of Project C began in May of 1963 with a series of mass protests in which children played a leading role. On May 2, 1963, over 900 children were arrested by police, overwhelming the capacity of the City's jails. In response, Birmingham Commissioner of Public Safety Bull Connor ordered firefighters and police to prevent new waves of marchers from leaving Kelly Ingram Park. (8) On May 3, 1963, youth protestors in Kelly Ingram Park were violently dispersed by police dogs and powerful water cannons. Images of the brutal police response to peaceful protestors spread across the country, shocking the conscience of the Nation and the world. (9) Fearing civil unrest and unrepairable damage to the City's reputation, the Birmingham business community and local leaders agreed to release the peaceful protestors, integrate lunch counters, and begin to hire African-Americans. On May 10, 1963, the A.G. Gaston Motel served as the site to announce this compromise between local White leaders and civil rights advocates. The Motel was bombed later that day. (10) Amid continued racial tensions, on September 15, 1963, a bomb detonated at the 16th Street Baptist Church as children were entering the basement on their way to worship. Addie Mae Collins, Carole Robinson, and Cynthia Wesley, who were all 14, and Denise McNair, 11, were tragically killed. The explosion injured 22 others and left significant damage to the church. Dr. Martin Luther King, Jr., travelled to Birmingham to deliver the eulogy for the four little girls. This act of domestic terrorism shocked the conscience of the Nation and the world, and became a galvanizing force for the passage of historic Civil Rights Act of 1964. (11) Located just south of 16th Street Baptist Church is the 4th Avenue Historic District. The district was the center for Black-owned businesses, which served Black customers during the City's long period of enforced segregation. Specifically, the district was the home of one of the most well-known African-American owned radio stations in the state. Black radio stations and disc jockeys played a critical role in mobilizing support for the civil rights movement. DJs sent coded messages as to the whereabouts of police, roadblock locations, and rally information. (12) Also located in Birmingham is Bethel Baptist Church. Led by Reverend Fred Shuttlesworth, this church served as the headquarters for the Alabama Christian Movement for Human Rights from 1956 to 1961. It was also a place of refuge for displaced and injured members of the 1961 Freedom Ride, and was the target of multiple bombings in the 1950s and 1960s. Reverend Shuttlesworth's church, as well as many other Birmingham Churches such as the New Pilgrim Baptist Church, hosted mass meetings leading up to many of the civil rights marches throughout the City. The students and faculty of Miles College, a Historically Black College in the Birmingham area, supplemented the efforts of the local churches. Miles College was one of the few institutions of higher education open to African-Americans in the area, and produced many community leaders. (13) In 1992, decades after the Civil Rights Movement, the Birmingham Civil Rights Institute opened its doors. The Institute stands at the center of the Birmingham Civil Rights District, acting as a hub for children, students, adults, and scholars who come to learn about the American Civil Rights Movement. The 27,000-square-foot permanent gallery within the Institute was designed to bring visitors back to the 1950s when Birmingham was deeply segregated. The Institute serves more than 140,000 individuals each year, and encourages new generations to examine our country's civil rights history, as well as issues such as equality and justice. (14) The preservation, historic interpretation, and management of the Birmingham Civil Rights National Historical Park's important historical resources require the collaboration of Federal and municipal entities, as well as community organizations. SEC. 3. ESTABLISHMENT OF THE BIRMINGHAM CIVIL RIGHTS NATIONAL HISTORICAL PARK IN BIRMINGHAM, ALABAMA. (a) Establishment and Purpose.--There is hereby established Birmingham Civil Rights National Historical Park in Birmingham, Alabama, for the purposes of-- (1) preserving and interpreting for the benefit of present and future generations the significant civil rights history in the Birmingham Civil Rights National Historical Park; (2) coordinating preservation, catalyzing economic revitalization, and facilitating interpretive efforts by Federal, State, or local governmental entities, and/or private and nonprofit organizations; and (3) creating appropriate collaborative management to ensure the preservation and interpretation of the park's historical significance. (b) Boundaries.--The Park shall consist of those lands and interests in lands, including buildings, within the areas generally depicted as ``Bethel Baptist Church'' and ``Birmingham Civil Rights Historic District'' on the map entitled ``Civil Rights District'' and dated March 2, 2016. (c) Acquisition of Land.--The Secretary may acquire additional buildings, assets, and lands and interests in lands for addition to the park by donation, transfer, or exchange only. At no time shall the park consist of more than 11 acres. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and laws generally applicable to units of the National Park System. Nothing in this Act shall modify any authority of the United States to carry out Federal laws on Federal land located within the Park. (b) Cooperative Agreement.--The Secretary may enter into cooperative agreements with Federal, State, City, or other public and non-profit institutions under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the Park and at sites in close proximity to the Park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the City, shall complete a general management plan for the Park in accordance with applicable laws, including section 100502 of title 54, United States Code. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``City'' means the city of Birmingham, Alabama. (2) Park.--The term ``Park'' means the Birmingham Civil Rights National Historical Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Birmingham Civil Rights National Historical Park This bill establishes the Birmingham Civil Rights National Historical Park in Birmingham, Alabama, to: (1) preserve and interpret its civil rights history; and (2) coordinate its preservation, catalyze economic revitalization, and facilitate interpretive efforts by government, private, or nonprofit entities. The Department of the Interior shall administer the park. Interior must also complete a general management plan in consultation with the city of Birmingham.

Birmingham Civil Rights National Historical Park

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bay Area Regional Water Recycling Program Expansion Act of 2009''. SEC. 2. PROJECT AUTHORIZATIONS. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by adding at the end the following: ``SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Central Contra Costa Sanitary District, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,800,000. ``SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Dublin San Ramon Services District, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,150,000. ``SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3. ``(a) Authorization.--The Secretary, in cooperation with the City of Petaluma, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,000,000. ``SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000. ``SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Palo Alto, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,250,000. ``SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Ironhouse Sanitary District (ISD), California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000.''. (b) Project Implementation.--In carrying out sections 1642 through 1648 of the Reclamation Wastewater and Groundwater Study and Facilities Act, and sections 1649 through 1654 of such Act, as added by subsection (a), the Secretary shall enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund the projects through the Bay Area Clean Water Agencies (BACWA) or its successor, and shall include in such agreements a provision for the reimbursement of construction costs, including those construction costs incurred prior to the enactment of this Act. (c) Clerical Amendments.--The table of contents of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by inserting after the item relating to section 1648 the following new items: ``Sec. 1649. CCCSD-Concord recycled water project. ``Sec. 1650. Central Dublin recycled water distribution and retrofit project. ``Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3. ``Sec. 1652. Central Redwood City recycled water project. ``Sec. 1653. Palo Alto recycled water pipeline project. ``Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water project.''. SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS. (a) Antioch Recycled Water Project.--Section 1644(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by striking ``$2,250,000'' and inserting ``$3,125,000''. (b) South Bay Advanced Recycled Water Treatment Facility.--Section 1648(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-31) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by striking ``$8,250,000'' and inserting ``$13,250,000''.

Bay Area Regional Water Recycling Program Expansion Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of: (1) recycled water distribution systems in California in cooperation with the Central Contra Costa Sanitary District and the Ironhouse Sanitary District; and (2) recycled water system facilities in California in cooperation with the Dublin San Ramon Services District, the city of Petaluma, Redwood City, and the city of Palo Alto. Limits the federal share of each project to 25%. Prohibits the Secretary from providing funds for project operation and maintenance. Directs the Secretary to: (1) enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund specified projects under such Act through the Bay Area Clean Water Agencies; and (2) include in such agreements a provision for the reimbursement of construction costs. Increases the authorization of appropriations for the design, planning, and construction of: (1) recycled water system facilities in cooperation with the city of Antioch, California; and (2) recycled water treatment facilities in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District.

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to expand the Bay Area Regional Recycling Program, and for other purposes.

SECTION 1. PAYMENT OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS. (a) Payment of Providers.-- (1) In general.--Subchapter I of chapter 17 of title 38, United States Code is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Payment of non-Department health care providers ``(a) Prompt Payment Compliance.--The Secretary shall ensure that payments made to non-Department health care providers, including under the Veterans Choice Program established by section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note), comply with chapter 39 of title 31 (commonly referred to as the `Prompt Payment Act') and the requirements of this section. If there is a conflict between the requirements of the Prompt Payment Act and the requirements of this section, the Secretary shall comply with the requirements of this section. ``(b) Payment Schedule.--(1) The Secretary shall reimburse a non- Department health care provider for care or services furnished under the laws administered by the Secretary-- ``(A) in the case of a clean claim submitted to the Secretary electronically, not later than 30 days after receiving the claim; or ``(B) in the case of a clean claim submitted to the Secretary in a manner other than electronically, not later than 45 days after receiving the claim. ``(2)(A) If the Secretary determines that a claim received from a non-Department health care provider is a non-clean claim, the Secretary shall submit to the provider, not later than 10 days after receiving the claim-- ``(i) a notification that the claim is a non-clean claim; ``(ii) an explanation of why the claim has been determined to be a non-clean claim; and ``(iii) an identification of the information or documentation that is required to make the claim a clean claim. ``(B) If the Secretary does not comply with the requirements of subparagraph (A) with respect to a claim, the claim shall be deemed a clean claim for purposes of paragraph (1). ``(3) Upon receipt by the Secretary of information or documentation described in subparagraph (A)(iii) with respect to a claim, the Secretary shall reimburse a non-Department health care provider-- ``(A) in the case of a claim submitted to the Secretary electronically, not later than 30 days after receiving such information or documentation; or ``(B) in the case of claim submitted to the Secretary in a manner other than electronically, not later than 45 days after receiving such information or documentation. ``(4) If the Secretary fails to comply with the deadlines for payment set forth in this subsection with respect to a claim, interest shall accrue on the amount owed under such claim in accordance with section 3902 of title 31. ``(c) Information and Documentation Required.--(1) Pursuant to regulations prescribed by the Secretary, the Secretary shall provide to non-Department health care providers that furnish hospital care or medical services to veterans pursuant to the laws administered by the Secretary information and documentation that is required to establish a clean claim under this section. ``(2) The Secretary shall consult with entities in the health care industry, in the public and private sector, to determine the information and documentation to include in the list under paragraph (1). ``(d) Electronic Claim Submittal.--On and after January 1, 2019, the Secretary shall not accept any claim under this section that is submitted to the Secretary in a manner other than electronically. ``(e) Definitions.--In this section: ``(1) The term `clean claim' means a claim for reimbursement for hospital care or medical services furnished by non-Department health care providers to veterans pursuant to the laws administered by the Secretary, on a nationally recognized standard format, that includes the information and documentation necessary to adjudicate the claim. ``(2) The term `non-clean claim' means a claim for reimbursement for hospital care or medical services furnished by non-Department health care providers to veterans pursuant to the laws administered by the Secretary, on a nationally recognized standard format, that does not include the information and documentation necessary to adjudicate the claim.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Payment of non-Department health care providers.''. (b) Electronic Submittal of Claims for Reimbursement.-- (1) Prohibition on acceptance of non-electronic claims.-- (A) In general.--Except as provided in subparagraph (B), on and after January 1, 2019, the Secretary of Veterans Affairs shall not accept any claim for reimbursement under section 1703A of title 38, United States Code, as added by subsection (a), that is submitted to the Secretary in a manner other than electronically, including medical records in connection with such a claim. (B) Exception.--If the Secretary determines that accepting claims and medical records in a manner other than electronically is necessary for the timely processing of claims for reimbursement under such section 1703A due to a failure or malfunction of the electronic interface established under paragraph (2), the Secretary-- (i) may accept claims and medical records in a manner other than electronically for a period not to exceed 90 days; and (ii) shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth-- (I) the reason for accepting claims and medical records in a manner other than electronically; (II) the duration of time that the Department of Veterans Affairs will accept claims and medical records in a manner other than electronically; and (III) the steps that the Department is taking to resolve such failure or malfunction. (2) Electronic interface.-- (A) In general.--Not later than January 1, 2019, the Chief Information Officer of the Department of Veterans Affairs shall establish and make operational an electronic interface for health care providers to submit claims for reimbursement under such section 1703A. (B) Functions.--The electronic interface established under subparagraph (A) shall include the following functions: (i) A function through which a health care provider may input all relevant data required for claims submittal and reimbursement. (ii) A function through which a health care provider may upload medical records to accompany a claim for reimbursement. (iii) A function through which a health care provider may ascertain the status of a pending claim for reimbursement that-- (I) indicates whether the claim is a clean claim or a non-clean claim; and (II) in the event that a submitted claim is indicated as a non-clean claim, provides-- (aa) an explanation of why the claim has been determined to be a non-clean claim; and (bb) an identification of the information or documentation that is required to make the claim a clean claim. (iv) A function through which a health care provider is notified when a claim for reimbursement is accepted or rejected. (v) Such other features as the Secretary considers necessary. (C) Protection of information.-- (i) In general.--The electronic interface established under subparagraph (A) shall be developed and implemented based on industry- accepted information security and privacy engineering principles and best practices and shall provide for the following: (I) The elicitation, analysis, and prioritization of functional and nonfunctional information security and privacy requirements for such interface, including specific security and privacy services and architectural requirements relating to security and privacy based on a thorough analysis of all reasonably anticipated cyber and noncyber threats to the security and privacy of electronic protected health information made available through such interface. (II) The elicitation, analysis, and prioritization of secure development requirements relating to such interface. (III) The assurance that the prioritized information security and privacy requirements of such interface-- (aa) are correctly implemented in the design and implementation of such interface throughout the system development lifecycle; and (bb) satisfy the information objectives of such interface relating to security and privacy throughout the system development lifecycle. (ii) Definitions.--In this subparagraph: (I) Electronic protected health information.--The term ``electronic protected health information'' has the meaning given that term in section 160.103 of title 45, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (II) Secure development requirements.--The term ``secure development requirements'' means, with respect to the electronic interface established under subparagraph (A), activities that are required to be completed during the system development lifecycle of such interface, such as secure coding principles and test methodologies. (3) Analysis of available technology for electronic interface.-- (A) In general.--Not later than January 1, 2018, or before entering into a contract to procure or design and build the electronic interface described in paragraph (2) or making a decision to internally design and build such electronic interface, whichever occurs first, the Secretary shall-- (i) conduct an analysis of commercially available technology that may satisfy the requirements of such electronic interface set forth in such paragraph; and (ii) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth such analysis. (B) Elements.--The report required under subparagraph (A)(ii) shall include the following: (i) An evaluation of commercially available systems that may satisfy the requirements of paragraph (2). (ii) The estimated cost of procuring a commercially available system if a suitable commercially available system exists. (iii) If no suitable commercially available system exists, an assessment of the feasibility of modifying a commercially available system to meet the requirements of paragraph (2), including the estimated cost associated with such modifications. (iv) If no suitable commercially available system exists and modifying a commercially available system is not feasible, an assessment of the estimated cost and time that would be required to contract with a commercial entity to design and build an electronic interface that meets the requirements of paragraph (2). (v) If the Secretary determines that the Department has the capabilities required to design and build an electronic interface that meets the requirements of paragraph (2), an assessment of the estimated cost and time that would be required to design and build such electronic interface. (vi) A description of the decision of the Secretary regarding how the Department plans to establish the electronic interface required under paragraph (2) and the justification of the Secretary for such decision. (4) Limitation on use of amounts.--The Secretary may not spend any amounts to procure or design and build the electronic interface described in paragraph (2) until the date that is 60 days after the date on which the Secretary submits the report required under paragraph (3)(A)(iii). (c) Clarification of Application of HIPAA Transaction Standards to Veterans Choice Program and Other Veterans Health Care Programs Using Non-Department Providers; Addressing Multi-Year Backlog in Claims.-- (1) Application of hipaa administrative simplification standards.-- (A) In general.--The definition of the term ``health plan'' under section 1171(5)(J) of the Social Security Act (42 U.S.C. 1320d(5)(J)) is deemed to include the Veterans Choice Program. (B) Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall make such modifications as may be necessary to implement the amendment made by subparagraph (A) with respect to claims for hospital care or medical treatment furnished under the Veterans Choice Program. (2) Addressing backlog of claims by non-department providers.-- (A) Adjudication.--Not later than 180 days after the date of the enactment of this section, the Secretary shall adjudicate all claims submitted before such date of enactment by non-Department of Veterans Affairs health care provider under the Veterans Choice Program. (B) Use of payment schedule for non-department health care providers.--Section 1703A(b) of title 38, United States Code, as added by subsection (a)(1), shall apply to claims adjudicated pursuant to subparagraph (A), except that the timeframe involved shall begin on the date of such adjudication. (3) Veterans choice program defined.--In this subsection, the term ``Veterans Choice Program'' means hospital care or medical treatment furnished to veterans pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) or any other law administered by the Secretary of Veterans Affairs under which a non-Department of Veterans Affairs health care provider furnishes such care or services.

This bill directs the Department of Veterans Affairs (VA) to ensure that payments made to non-VA health care providers, including payments under the Veterans Choice Program, comply with the Prompt Payment Act and the requirements set forth in this bill. The bill: (1) prescribes payment schedules; (2) requires, with exceptions, claims to be submitted electroncially beginning January 1, 2019; and (3) requires the VA Chief Information Officer to establish by such date an electronic interface for health care providers to submit reimbursement claims. The VA shall: (1) within 90 days after enactment of this bill, make necessary modifications to ensure prompt payment for hospital care or medical treatment furnished under the program, and (2) within 180 days after enactment of this bill, adjudicate all program claims submitted before such date by non-VA health care providers.

To amend title 38, United States Code, to improve the process by which the Secretary of Veterans Affairs pays non-Department of Veterans Affairs health care providers for hospital care or medical services furnished to veterans pursuant to the laws administered by the Secretary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Cybersecurity Workforce Recruitment and Retention Act of 2014''. SEC. 2. CYBERSECURITY RECRUITMENT AND RETENTION. (a) In General.--At the end of subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add the following: ``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION. ``(a) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. ``(2) Collective bargaining agreement.--The term `collective bargaining agreement' has the meaning given that term in section 7103(a)(8) of title 5, United States Code. ``(3) Excepted service.--The term `excepted service' has the meaning given that term in section 2103 of title 5, United States Code. ``(4) Preference eligible.--The term `preference eligible' has the meaning given that term in section 2108 of title 5, United States Code. ``(5) Qualified position.--The term `qualified position' means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity. ``(6) Senior executive service.--The term `Senior Executive Service' has the meaning given that term in section 2101a of title 5, United States Code. ``(b) General Authority.-- ``(1) Establish positions, appoint personnel, and fix rates of pay.-- ``(A) General authority.--The Secretary may-- ``(i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as-- ``(I) senior level positions designated under section 5376 of title 5, United States Code; and ``(II) positions in the Senior Executive Service; ``(ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and ``(iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. ``(B) Construction with other laws.--The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. ``(2) Basic pay.-- ``(A) Authority to fix rates of basic pay.--In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. ``(B) Prevailing rate systems.--The Secretary may, consistent with section 5341 of title 5, United States Code, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of that title. ``(3) Additional compensation, incentives, and allowances.-- ``(A) Additional compensation based on title 5 authorities.--The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code. ``(B) Allowances in nonforeign areas.--An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 of title 5, United States Code, on the same basis and to the same extent as if the employee was an employee covered by such section 5941, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation. ``(4) Plan for execution of authorities.--Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection. ``(5) Collective bargaining agreements.--Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. ``(6) Required regulations.--The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. ``(c) Annual Report.--Not later than 1 year after the date of enactment of this section, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that-- ``(1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by an individual for a qualified position; ``(2) describes-- ``(A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; ``(B) the measures that will be used to measure progress; and ``(C) any actions taken during the reporting period to fulfill such critical need; ``(3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department; ``(4) provides metrics on actions occurring during the reporting period, including-- ``(A) the number of employees in qualified positions hired by occupation and grade and level or pay band; ``(B) the placement of employees in qualified positions by directorate and office within the Department; ``(C) the total number of veterans hired; ``(D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; ``(E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and ``(F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and ``(5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. ``(d) Three-Year Probationary Period.--The probationary period for all employees hired under the authority established in this section shall be 3 years. ``(e) Incumbents of Existing Competitive Service Positions.-- ``(1) In general.--An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. ``(2) Subsequent conversion.--After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service.''. (b) Conforming Amendment.--Section 3132(a)(2) of title 5, United States Code, is amended in the matter following subparagraph (E)-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by inserting ``or'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 of the Homeland Security Act of 2002;''. (c) Table of Contents Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 225 the following: ``Sec. 226. Cybersecurity recruitment and retention.''. SEC. 3. HOMELAND SECURITY CYBERSECURITY WORKFORCE ASSESSMENT. (a) Short Title.--This section may be cited as the ``Homeland Security Cybersecurity Workforce Assessment Act''. (b) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Homeland Security of the House of Representatives; and (C) the Committee on House Administration of the House of Representatives. (2) Cybersecurity work category; data element code; specialty area.--The terms ``Cybersecurity Work Category'', ``Data Element Code'', and ``Specialty Area'' have the meanings given such terms in the Office of Personnel Management's Guide to Data Standards. (3) Department.--The term ``Department'' means the Department of Homeland Security. (4) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (c) National Cybersecurity Workforce Measurement Initiative.-- (1) In general.--The Secretary shall-- (A) identify all cybersecurity workforce positions within the Department; (B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management's Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report, in accordance with paragraph (2). (2) Employment codes.-- (A) Procedures.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish procedures-- (i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. (B) Code assignments.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall assign the appropriate employment code to-- (i) each employee within the Department who carries out cybersecurity functions; and (ii) each open position within the Department that have been identified as having cybersecurity functions. (3) Progress report.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this subsection to the appropriate congressional committees. (d) Identification of Cybersecurity Specialty Areas of Critical Need.-- (1) In general.--Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to subsection (c)(2)(B), and annually through 2021, the Secretary, in consultation with the Director, shall-- (A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Department's cybersecurity workforce; and (B) submit a report to the Director that-- (i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and (ii) substantiates the critical need designations. (2) Guidance.--The Director shall provide the Secretary with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including-- (A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (3) Cybersecurity critical needs report.--Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall-- (A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and (B) submit a progress report on the implementation of this subsection to the appropriate congressional committees. (e) Government Accountability Office Status Reports.--The Comptroller General of the United States shall-- (1) analyze and monitor the implementation of subsections (c) and (d); and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.

DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish, as positions in the excepted service, such positions in the Department of Homeland Security (DHS) as necessary to carry out certain responsibilities relating to cybersecurity. Provides for positions formerly designated as senior level and senior executive service positions to be included in such service. Requires the Secretary, every year for a specified period, to submit to Congress a report regarding: (1) the application process for such positions, including the manner of adhering to veterans' preferences; (2) the Secretary's plans to fulfill the critical need of DHS to recruit and retain employees in cybersecurity positions; (3) the manner in which such plans are integrated into the DHS's strategic workforce planning; (4) the number of hirings, separations, and retirements during the reporting period; and (5) the training provided to supervisors of such cybersecurity employees on the use of the new authorities. Sets forth authority for the Secretary to make appointments, fix pay rates, and provide incentives and allowances for such positions. (Sec. 3) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions. Directs the Secretary to assign: (1) data element codes for such positions, as set forth in the Office of Personnel Management's (OPM) Guide to Data Standards, which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; and (2) employment codes to employees and open positions within DHS with cybersecurity functions. Directs the Secretary, on an annual basis through 2021, to submit a report to the OPM Director substantiating categories and specialty areas designated as critical needs in DHS's cybersecurity workforce. Requires the Director to provide the Secretary with guidance identifying acute and emerging skill shortages. Directs the Comptroller General (GAO) to monitor, and report within three years regarding, the implementation of such determinations and assignments.

DHS Cybersecurity Workforce Recruitment and Retention Act of 2014

SECTION 1. FINDINGS. Congress finds that-- (1) the use of methyl tertiary butyl ether oxygenated fuels (referred to in this Act as ``M-T-B-E oxygenated fuels'') as one means of compliance with section 211(m) of the Clean Air Act (42 U.S.C. 7545(m)), which requires the use of oxygenated fuels to lower the level of carbon monoxide in nonattainment areas, has resulted in excessive health-related complaints in areas of the State of Alaska in which M-T-B-E oxygenated fuels have been used; (2) consumer hotlines in Fairbanks, Alaska and Anchorage, Alaska have received hundreds of unusual medical complaints (including complaints of abnormal headaches, sore throats, asthma, light headedness, burning sensation in eyes and lungs, shortness of breath, skin rashes, numbness, swollen tissue, and abnormal congestion) in geographic areas in which M-T-B-E oxygenated fuels are in use; (3) tests conducted by employees at the environmental health laboratory at the Centers for Disease Control revealed a measurable quantity of methyl tertiary butyl ether in the blood of workers exposed to M-T-B-E oxygenated fuels; (4) representatives of the Centers for Disease Control testified before Congress that more studies were needed to determine the health effects of exposure to the substance; (5) no studies have been completed to measure the chronic effects of exposure to M-T-B-E oxygenated fuels in cold climates on public health, particularly in areas that have temperatures that regularly reach 50 degrees below zero Fahrenheit; (6) because of numerous health complaints and the conclusions of the State epidemiologist of the Alaska Division of Public Health, the Governor of Alaska suspended the M-T-B-E oxygenated fuels program in Fairbanks, Alaska; (7) after the program was suspended in Fairbanks, the State epidemiologist concluded that there is a possibility that similar illnesses are being caused by the M-T-B-E oxygenated fuels program in Anchorage; (8) additional scientific studies on the health effects of M-T-B-E oxygenated fuels need to be completed; (9) the public should not be exposed to M-T-B-E oxygenated fuels until studies are completed and the public health risk has been assessed; and (10) ethanol blend oxygenated fuels are known to separate from the gasoline base at ultacold temperatures and may therefore have drivability and safety implications in Alaska. SEC. 2. WAIVER OF THE M-T-B-E OXYGENATED FUELS REQUIREMENT Section 211(m)(3) of the Clean Air Act (42 U.S.C. 7545(m)(3)) is amended by adding at the end the following new subparagraphs: ``(D) If requested in writing by an affected local government within a title I nonattainment area for carbon monoxide in Alaska, the Governor of the State of Alaska may petition for a waiver and the Administrator may waive, in whole or in part, the requirements of paragraphs (1) and (2) with respect to an area within the State of Alaska that is designated under title I as a nonattainment area for carbon monoxide, if the Administrator finds that compliance with the requirements should be waived for one or more of the following reasons: ``(i) Compliance is not technologically or economically feasible because the technology needed to comply is not commercially available or because the use of M-T-B-E oxygenated fuels would increase the cost of commercially available fuel supplies by more than 150 percent of the national average cost of using M-T-B-E oxygenated fuels in nonattainment areas outside of Alaska; ``(ii) Compliance would be unreasonable due to unique geographical or meteorological factors; ``(ii) Compliance could or does cause harmful health effects; ``(iv) The use of M-T-B-E oxygenated fuels increases aldehyde emissions appreciably. ``(E) The Administrator shall grant or deny a petition for a waiver submitted under subparagraph (D) not later than 60 days after receiving the petition. ``(F)(i) The Administrator shall conduct a study that compares the probable health risks and costs of title I carbon monoxide nonattainment in Alaska with the probable health risks and costs of increased noncarbon monoxide emissions (such as aldehyde emissions) associated with the use of M-T-B-E oxygenated fuels in Alaska. ``(ii) The Administrator shall report the results of the study of Congress not later than 1 year after the date of enactment of this paragraph. ``(G) The Administrator may suspend the required use of oxygenated fuels-- ``(i) during the pendency of a petition for a waiver submitted under paragraph (D); and ``(ii) until the completion of the health risk study conducted pursuant to subparagraph (F).''.

Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive requirements for the use of oxygenated fuels in a carbon monoxide nonattainment area in Alaska if compliance: (1) is not feasible because technology is not commercially available or the use of such fuels would increase the cost of available fuel supplies by more than 150 percent of the national average cost of using such fuels in nonattainment areas outside of Alaska; (2) would be unreasonable due to unique geographical or meteorological factors; (3) could or does cause harmful health effects; or (4) increases aldehyde emissions appreciably. Directs the Administrator to conduct a study that compares, and report to the Congress on, the probable health risks and costs of carbon monoxide nonattainment in Alaska with those of increased noncarbon monoxide emissions associated with the use of oxygenated fuels in Alaska. Authorizes the Administrator to suspend the required use of oxygenated fuels during the pendency of a petition for a waiver and until the completion of the health risk study.

To amend the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to grant a waiver of the oxygenated fuels requirement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Security and Small Business Stimulus Act of 2008''. SEC. 2. INDIVIDUAL INCOME TAX RATE REDUCTION AFTER 2007. (a) Rate Reduction.-- (1) In general.--Subparagraph (A) of section 1(i)(1) of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``(A) In general.--In the case of taxable years beginning after December 31, 2007-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 5 percent, and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount but not over the maximum dollar amount for the 15-percent rate bracket.''. (2) Conforming amendments.-- (A) The heading for paragraph (1) of section 1(i) of such Code is amended by striking ``10-percent'' and inserting ``5-percent''. (B) Subparagraph (D) of section 1(i)(1) of such Code is amended to read as follows: ``(D) Coordination with acceleration of 5 percent rate bracket benefit for 2008.--This paragraph shall not apply to any taxable year to which section 6428 applies.''. (3) 5-percent bracket made permanment.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to paragraph (1) of section 1(i) of the Internal Revenue Code of 1986, as amended by this subsection. (b) Advance Payment of 5 Percent Rate Bracket.--Section 6428 of such Code is amended to read as follows: ``SEC. 6428. ACCELERATION OF 5 PERCENT INCOME TAX RATE BRACKET BENEFIT FOR 2008. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2008 an amount equal to 5 percent of so much of the taxpayer's taxable income as does not exceed the initial bracket amount (as defined in section 1(i)(1)(B)). ``(b) Credit Treated as Nonrefundable Personal Credit.--For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien individual, and ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(d) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(e) Advance Refunds of Credit Based on Prior Year Data.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2006 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if-- ``(A) this section (other than subsections (b) and (d) and this subsection) had applied to such taxable year, and ``(B) the credit for such taxable year were not allowed to exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits). ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before the date which is 30 days after the date of the enactment of this section. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (c) Technical Amendment.--The item relating to section 6428 in the table of sections for subchapter B of chapter 65 of such Code is amended to read as follows: ``Sec. 6428. Acceleration of 5 percent income tax rate bracket benefit for 2008.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. INCREASE IN EXPENSING FOR SMALL BUSINESSES. (a) $125,000 Limit Made Permanent; Temporary Increase to $375,000.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable business assets) is amended by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' and inserting ``$125,000 ($375,000 in the case of taxable years beginning after 2007 and before 2010)''. (b) Conforming Amendment.--Subparagraph (A) of section 179(b)(5) of such Code is amended-- (1) by striking ``and before 2011'', and (2) by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the $500,000 amount for taxable years beginning after December 31, 2010.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Family Security and Small Business Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) allow a reduced 5% income tax rate on taxable income for low-income taxpayers; (2) allow an advance refund in 2008 for the reduction in the tax rate; and (3) increase to $375,000 between 2008 and 2010 the expensing allowance for small business depreciable assets.

To amend the Internal Revenue Code of 1986 to reduce individual income taxes by creating a new 5 percent rate of tax and to increase section 179 expensing for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalination Water Supply Shortage Prevention Act of 2005''. SEC. 2. DEFINITIONS. (a) Qualified Desalination Facility.--The term ``qualified desalination facility'' means a facility that-- (1) produces for sale to domestic customers desalinated seawater, brackish groundwater, or surface water whose source water is greater than 1000 parts per million total dissolved solids; and (2) is owned or operated by-- (A) a State or any political subdivision, agency, authority, or instrumentality of a State; (B) an Indian tribe; or (C) a corporation responsible for providing municipal water service pursuant to State or tribal law; (3) is first used to produce commercial desalinated water for sale during the 10-year period beginning on October 1 of the first fiscal year occurring after the date of the enactment of this Act; and (4) uses the best available technology as determined by the Secretary. (b) Indian Tribe.--The term ``Indian Tribe'' means with respect to the contiguous 48 states, any federally recognized Indian tribe, organized band, pueblo, or community and with respect to Alaska, the Metlakatla Indian Community. (c) Secretary.--The term ``Secretary '' means the Secretary of Energy. (d) State.--The term ``State'' means the several States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Northern Mariana Islands. SEC. 3. DESALINATED WATER PRODUCTION INCENTIVE PAYMENTS. (a) Incentive Payments.--The Secretary shall make incentive payments in an amount determined under subsection (d) to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities. (b) Agreement; Deadline.--The Secretary may not make any payment to the owner or operator of a qualified desalination facility under this section, unless, not later than the end of fiscal year 2016, the Secretary enters into a written agreement with the owner or operator to make such payment. (c) Payment Period.--The Secretary may make payments to the owner or operator of a qualified desalination facility under this section for a period not to exceed 10 years-- (1) beginning on the date on which the facility is first used to produce desalinated water; and (2) ending not later than September 30, 2026. (d) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of any qualified desalination facility shall be based on the amount of desalinated water produced by the facility during the payment period described in subsection (c). For any facility, the amount of such payment shall be 62 cents for every thousand gallons of desalinated water produced and sold, adjusted as provided in paragraph (2). (2) Adjustments.--The amount of the payment made to any person under this subsection as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2006 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 29(d)(2)(B)), except that in applying such provisions the calendar year 2006 shall be substituted for calendar year 1979. (e) Application.--The Secretary may not make a grant to the owner or operator of a qualified desalination facility under this section unless the facility submits an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require. (f) Limitation.--In any fiscal year not more than 60 percent of the funds made available by the Secretary under this section shall be made available to the owners or operators of qualified desalination facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin (g) Priority.--In awarding incentive payments under this section, the Secretary shall give priority to any application for a project that-- (1) uses innovative technologies to reduce the energy demand of the project; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize the damage to marine life; or (7) provides significant water quality benefits. (h) Budget Act Compliance.--The authority provided by this section may be exercised only in such amounts or to such extent as provided in advance in appropriations Acts. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section from fiscal year 2006 through fiscal year 2016. SEC. 4. NOVEL DESALINATION TECHNOLOGY. (a) In General.--The Secretary shall support research and development of promising novel technology approaches for the cost- effective desalination of water. (b) Authorization of Appropriation.--There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000 from fiscal year 2006 through fiscal year 2016.

Desalination Water Supply Shortage Prevention Act of 2005 - Requires the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities (facilities first used to produce commercial desalinated water after enactment of this Act), including facilities owned or operated by Indian tribes, for up to ten years to partially offset the cost of electrical energy required to operate such facilities. Provides that the qualified facilities shall receive 62 cents for every thousand gallons of desalinated water produced and sold, with an adjustment for inflation. Limits to 60% of the amount of funds made available in any fiscal year that the Secretary may provide to the owners or operators of qualified facilities that obtain source water directly from the sea, an estuary, or in-bank extraction wells of sea water origin. Directs the Secretary, in awarding incentive payments, to give priority to any application for a project that: (1) uses innovative technologies to reduce energy demand; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize damage to marine life; or (7) provides significant water quality benefits. Directs the Secretary to support research and development of promising novel technology approaches for the cost-effective desalination of water. Authorizes appropriations.

To direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington National Opera Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Washington National Opera has served as the Nation's opera since its creation in 1956. (2) In 2000, the Washington Opera was designated the ``National Opera'' by an Act of Congress to reflect the significant national arts leadership role of the Opera. (3) The Washington National Opera educates and inspires students of all ages through engaging educational programs and innovative partnerships that broaden public awareness and appreciation for opera and are accessible to people of all abilities through needs-based scholarships and accommodations. (4) The education programs of the Washington National Opera strengthen and enhance local, State, and national standards for learning. (5) The Washington National Opera has worked since its inception to encourage the development of gifted young American artists. (6) It is appropriate to authorize coins commemorating the 20th anniversary of the Washington National Opera Education and Community Programs with proceeds from the sale of the coins being deposited for the Washington National Opera Education and Community Program with the specific purpose of aiding in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. SEC. 3. COIN SPECIFICATIONS. (a) $1 Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Washington National Opera. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of Directors of the Washington National Opera (hereafter in this Act referred to as the ``Board''); and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. 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.--Not more than 1 facility of the United States Mint may be used to strike the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2010, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2010. (e) First Use of Year 2010 Date.--The coins minted under this Act shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ``2010''. (f) Promotion Consultation.--The Secretary shall consult on a regular and frequent basis with the Board in order to establish a role for the Board in the promotion, advertising and marketing of the coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (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) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Board on behalf of the Washington National Opera Education and Community Program to be used to aid in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. (c) Audits.--The Board and the Washington National Opera Education and Community Program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Washington National Opera Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint, until December 31, 2010, coins in commemoration of the Washington National Opera. Provides for the issuance and sale of such coins.

To require the Secretary of the Treasury to mint coins in commemoration of the Washington National Opera, and for other purposes.

SECTION 1. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS. (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding at the end the following new subparagraph: ``(H) Temporary waiver of minimum required distribution.-- ``(i) In general.--The requirements of this paragraph shall not apply in calendar year 2008 or 2009. ``(ii) Plans must allow elections.--A trust forming part of a plan shall not constitute a qualified trust under this subsection unless the plan provides that it will allow an employee or beneficiary to elect to eliminate or reduce payments or distributions during calendar year 2009 which would otherwise be made to meet the requirements of this paragraph. This clause shall not apply to an employee or beneficiary who is receiving, after the annuity starting date, distributions under the plan through an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State. ``(iii) Election.--An election under clause (ii) shall be made at such time and in such manner as the Secretary may prescribe. ``(iv) Coordination with similar requirements.--In the case of-- ``(I) an individual retirement account or annuity described in section 408, this subparagraph shall be applied without regard to clauses (ii) and (iii), and ``(II) an eligible deferred compensation plan described in section 457(b), this subparagraph shall only apply to such a plan maintained by an employer described in section 457(e)(1)(A). ``(v) Special rules regarding suspension period.--For purposes of this paragraph-- ``(I) the required beginning date with respect to such individual shall be determined without regard to this subparagraph for purposes of applying this paragraph to calendar years after 2009, and ``(II) if clause (ii) of subparagraph (B) applies to such individual, the amount of any distribution required by this paragraph for 2008 or 2009 which was not made (or rolled over) by reason of this subparagraph shall be required to be distributed in 2010.''. (b) Eligible Rollover Distributions.--Section 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence: ``Subparagraph (A) shall not apply to any distributions made in 2008 or 2009 to an individual who is not subject to the required minimum distribution rules under section 401(a)(9) for the calendar year solely by reason of the application of section 401(a)(9)(H). In the case of a distribution which is treated as an eligible rollover distribution solely by reason of the preceding sentence, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Extension of rollover periods for distributions in 2008.-- (A) In general.--In the case of a distribution from an eligible retirement plan made during 2008 to an individual who is not subject to the required minimum distribution rules under section 401(a)(9) of the Internal Revenue Code of 1986 for the calendar year solely by reason of the application of section 401(a)(9)(H) of such Code-- (i) the 60-day period under section 402(c)(3) or 408(d)(3) of such Code during which such distribution may be rolled over, whichever is applicable, shall not end before the later of-- (I) the due date (determined without regard to any extension) for filing the return of tax imposed by chapter 1 of such Code for the taxable year in which the distribution was made, or (II) the date which is 60 days after the date of the enactment of this Act, (ii) in the case of an individual retirement plan, the limitation under section 408(d)(3)(B) of such Code shall not apply to any rollover contribution of the distribution, and (iii) subject to such rules or guidance as the Secretary of the Treasury or the Secretary's delegate may prescribe-- (I) notwithstanding section 408(d)(3)(C) of such Code, if such individual is the beneficiary of an inherited individual retirement account or annuity, the individual may rollover such distribution, and (II) notwithstanding section 402(c)(11) of such Code, such individual shall not be treated as failing to meet the requirements of such section solely because the transfer is not made in a direct trustee-to-trustee transfer. (B) Eligible retirement plan.--For purposes of this paragraph, the term ``eligible retirement plan'' has the meaning given such term by section 402(c)(8)(B) of such Code. (3) Provisions relating to plan or contract amendments.-- (A) In general.--If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii)(I). (B) Amendments to which paragraph applies.-- (i) In general.--This paragraph shall apply to any amendment to any pension plan or annuity contract which-- (I) is made by reason of the amendments made by this section, and (II) is made on or before the last day of the first plan year beginning on or after January 1, 2011. In the case of a governmental plan, subclause (II) shall be applied by substituting ``2012'' for ``2011''. (ii) Conditions.--This paragraph shall not apply to any amendment unless-- (I) during the period beginning on January 1, 2009, and ending on December 31, 2009 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (II) such plan or contract amendment applies retroactively for such period.

Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution to recontribute such distribution to their retirement plans.

A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008 and 2009.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Economic Recovery Act''. SEC. 2. LIMITATION ON INCOME TAX IMPOSED ON INDIVIDUALS WHO ARE RESIDENTS OF THE DISTRICT OF COLUMBIA. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--LIMITATION ON TAX IMPOSED ON RESIDENTS OF THE DISTRICT OF COLUMBIA ``Sec. 59B. Limitation on tax. ``SEC. 59B. LIMITATION ON TAX. ``(a) General Rule.--The net income tax of an individual who is a resident of the District of Columbia for the taxable year shall not exceed the limitation determined under subsection (b) for such year. ``(b) Limitation.--The limitation determined under this subsection is the sum of the amounts determined under paragraphs (1) and (2). ``(1) 15-percent rate of district-sourced income in excess of exemption amount.--The amount determined under this paragraph is an amount equal to 15 percent of so much of District-sourced income as exceeds the exemption amount. ``(2) Average rate of non-district-sourced adjusted gross income.--The amount determined under this paragraph is an amount equal to the average rate of the non-District-sourced adjusted gross income. ``(c) Definitions.--For purposes of this section-- ``(1) Resident of district of columbia.--An individual is a resident of the District of Columbia for the taxable year if-- ``(A) such individual used a residence in the District of Columbia as a place of abode (and was physically present at such place) for at least 183 days of such taxable year, and ``(B) such individual files a District of Columbia income tax return for such taxable year. ``(2) Net income tax.--The term `net income tax' means-- ``(A) the sum of regular tax liability and the tax imposed by section 55 (determined without regard to this section), reduced by ``(B) the aggregate credits allowable under part IV (other than section 31). ``(3) Exemption amount.--The term `exemption amount' means-- ``(A) $30,000 in the case of a joint return or a surviving spouse, ``(B) $15,000 in the case of-- ``(i) an individual who is not a married individual and is not a surviving spouse, and ``(ii) a married individual filing a separate return, and ``(C) $25,000 in the case of a head of a household. ``(4) Average rate.--The term `average rate' means the percentage determined by dividing-- ``(A) the sum (determined without regard to this section) of the taxpayer's regular tax liability and the tax imposed by section 55, by ``(B) the taxpayer's taxable income. If the percentage determined under the preceding sentence is not a whole number of percentage points, such percentage shall be rounded to the nearest whole number of percentage points. ``(5) Regular tax liability.--The term `regular tax liability' has the meaning given to such term by section 26(b). ``(d) District-Sourced Income.--For purposes of this section, the term `District-sourced income' means adjusted gross income reduced by the sum of-- ``(1) non-District-sourced adjusted gross income, ``(2) net capital gain determined by taking into account only gains and losses sourced in the District of Columbia, ``(3) the deduction allowed by section 170, and ``(4) the deduction allowed by section 163 to the extent attributable to qualified residence interest (as defined in section 163(h)). ``(e) Non-District-Sourced Adjusted Gross Income.--For purposes of this section, the term `non-District-sourced adjusted gross income' means gross income of the taxpayer from sources outside the District of Columbia reduced (but not below zero) by the deductions taken into account in determining adjusted gross income which are allocable to such income. ``(f) Sources of Income.--For purposes of this section-- ``(1) Retirement income and other income not sourced under subsection.--The source of any income not specifically provided for in this subsection shall be treated as from sources within the District of Columbia. ``(2) Personal services.-- ``(A) In general.--Compensation (other than retirement income) for services performed by the taxpayer as an employee, and net earnings from self- employment (as defined in section 1402)), shall be sourced at the place such services are performed. ``(B) Services performed in washington-baltimore area treated as performed in the district of columbia.--Services performed in the Washington- Baltimore area shall be treated as performed in the District of Columbia. ``(C) Individuals performing 80 percent of services within washington-baltimore area.--If, during any taxable year, at least 80 percent of the hours of service performed by an individual are performed within the Washington-Baltimore area, all such service shall be treated for purposes of this paragraph as performed within the District of Columbia. ``(D) Washington-baltimore area.--For purposes of this paragraph, the term `Washington-Baltimore area' means the area consisting of-- ``(i) the Washington/Baltimore Consolidated Metropolitan Statistical Area (as designated by the Office of Management and Budget), and ``(ii) St. Mary's County, Maryland. ``(3) Interest.-- ``(A) In general.--Interest received or accrued during the taxable year shall be treated as from sources outside the District of Columbia. ``(B) Exception for small amounts of non-district- sourced interest.--Interest which would (but for this subparagraph) be treated as from sources outside the District of Columbia shall be treated as from sources in the District of Columbia to the extent the amount of such interest does not exceed $400. ``(C) Exception for interest paid by district of columbia businesses and residents.-- ``(i) Businesses.--In the case of interest paid during a calendar year by a debtor which was required to file (and filed) a franchise tax return with the District of Columbia for the debtor's taxable year ending with or within the prior calendar year, an amount equal to the D.C. percentage (as shown on such return) of such interest shall be treated as from sources within the District of Columbia. The preceding sentence shall apply only if such percentage is furnished to the taxpayer in writing on or before January 31 of the year following the calendar year in which such interest is paid. ``(ii) Others.--Interest shall be treated as from sources within the District of Columbia if the interest is paid during a calendar year by a debtor-- ``(I) which was required to file (and filed) an income tax return with the District of Columbia for the debtor's taxable year ending during the prior calendar year, and ``(II) which is not required to file a franchise tax return with the District of Columbia for such taxable year. ``(D) Special rule for determination of d.c. percentage for new businesses.--Interest shall be treated as from sources within the District of Columbia if the interest is paid during a calendar year by a debtor which was required to file (and filed) a franchise tax return with the District of Columbia for such debtor's taxable year ending during such calendar year, but which was not required to file such a return for such debtor's prior taxable year. ``(4) Dividends.-- ``(A) In general.--Dividends received or accrued during the taxable year shall be treated as from sources outside the District of Columbia. ``(B) Exception for small amounts of non-district- sourced dividends.--Dividends which would (but for this subparagraph) be treated as from sources outside the District of Columbia shall be treated as from sources in the District of Columbia to the extent the amount of such dividends do not exceed $400. ``(C) Exception for dividends paid by corporation engaged in business in the district of columbia.--In the case of dividends paid during a calendar year by a corporation which was required to file (and filed) a franchise tax return with the District of Columbia for the debtor's taxable year ending during the prior calendar year, an amount equal to the D.C. percentage (as shown on such return) of such dividends shall be treated as from sources within the District of Columbia. The preceding sentence shall apply only if such percentage is furnished to the taxpayer in writing on or before January 31 of the year following the calendar year in which such dividends are paid. ``(5) Disposition of tangible property.--Income, gain, or loss from the disposition of tangible property shall be sourced to the place such property is located at the time of the disposition. ``(6) Disposition of intangible property.-- ``(A) In general.--Income, gain, or loss from the disposition of intangible property shall be treated as from sources outside the District of Columbia. ``(B) Exception.-- If any portion of the most recent income received or accrued before such disposition which was attributable to such property was from sources within the District of Columbia, a like portion of the income, gain, or loss from such disposition shall be treated as from sources within the District of Columbia. ``(7) Rentals.--Rents from property shall be sourced at the place where such property is located. ``(8) Royalties.--Royalties shall be treated as from sources outside the District of Columbia. ``(9) Income from proprietorship.-- ``(A) In general.--In the case of a trade or business carried on by the taxpayer as a proprietorship, income from such trade or business (other than income which is included in net earnings from self-employment by the taxpayer) shall be treated as from sources outside the District of Columbia. ``(B) Exception for district of columbia businesses.--If the taxpayer is required to file (and files) a franchise tax return with the District of Columbia for the taxable year, subparagraph (A) shall not apply to an amount equal to the D.C. percentage of such income. ``(10) Income from partnership.-- ``(A) In general.--In the case of a taxpayer who is a partner in a partnership, income from such partnership (other than income which is included in net earnings from self-employment by any partner) shall be treated as from sources outside the District of Columbia. ``(B) Exceptions.-- ``(i) Subparagraph (A) shall not apply to a partnership which was required to file (and filed) a franchise tax return with the District of Columbia for the partnership's taxable year ending with or within the taxpayer's taxable year to the extent of the D.C. percentage of the taxpayer's distributive share of the partnership income. ``(ii) Subparagraph (A) shall not apply to a partnership which was not required to file a franchise tax return with the District of Columbia for the partnership's taxable year ending with or within the taxpayer's taxable year to the extent of the taxpayer's distributive share of partnership income which is not (as determined under this subsection) from sources outside the District of Columbia. ``(11) Income in respect of a decedent; income from an estate.--Income in respect of a decedent, and income from an estate, shall be sourced at the place where the decedent was domiciled at the time of his death. ``(12) Income from a trust.--Income (other than retirement income) from a trust shall be treated as from the same sources as the income of the trust to which it is attributable. ``(g) Definitions Relating to Subsection (f).--For purposes of subsection (f)-- ``(1) Retirement income.--The term `retirement income' has the meaning given such term by section 114(b)(1) of title 4, United States Code (determined without regard to subparagraph (I) thereof). ``(2) D.C. percentage.--The term `D.C. percentage' means the percentage determined by dividing-- ``(A) the net income taxable in the District of Columbia (as shown on the original return for the taxable year), by ``(B) total net income from all sources (as shown on such return). The preceding sentence shall be applied based on amounts shown on the original applicable District of Columbia franchise or income tax return. ``(h) Section Not To Apply to Estates and Trusts.--This section shall not apply to an estate or trust. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (1) of section 55(c) of such Code is amended by adding at the end the following: ``Such regular tax shall be determined without regard to section 59B.'' (2) The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Limitation on tax imposed on residents of the District of Columbia.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

District of Columbia Economic Recovery Act - Amends the Internal Revenue Code to set forth a limitation on the income tax imposed on individuals who are residents of the District of Columbia. Specifies that the limitation is the sum of: (1) 15 percent of so much District-sourced income as exceeds the exemption amount; and (2) the average rate of the non-District-sourced adjusted gross income. Sets forth definitions, including for "resident of the District of Columbia" and "exemption amount." Provides for the tax treatment of certain sources of income.

District of Columbia Economic Recovery Act

SECTION 1. RECONSULTATION ON CENTRAL VALLEY PROJECT AND THE CALIFORNIA STATE WATER PROJECT. (a) Findings and Purpose.-- (1) Findings.--The Congress finds and declares the following: (A) The United States owns and operates the California Central Valley Project (CVP), originally federally authorized under the Emergency Relief Appropriation Act of 1935 (49 Stat. 115), and reauthorized multiple times since-- (i) to provide for improved navigation, flow regulation and flood control, storage and delivery of water, hydropower production, construction of distribution systems to deliver water for the reclamation of arid and semiarid lands; (ii) to protect, restore, and enhance fish, wildlife and associated habitats; and (iii) to provide other beneficial uses. (B) The State of California owns and operates the California State Water Project (SWP), the Nation's largest State-built water and power development and conveyance system, which was authorized in 1960 by a State referendum known as the Burns-Porter Act to provide for water storage and delivery, hydropower generation, flood control, recreation, water quality, fish and wildlife enhancement, and other beneficial uses. (C) California is the world's 8th largest economy and accounts for 13 percent of the Nation's economic output. Water conveyed from northern to southern California through the Bay Delta supports 25 percent of the State's economy, is a source of drinking water for over 22 million people, irrigates nearly 50 percent of the Nation's fruits and vegetables, and supplies numerous wildlife management and ecosystem restoration projects. (D) Several species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and potentially affected by the continued operation of the CVP and SWP are experiencing historic or near-historic- recorded low population levels. (E) A number of scientific investigations have been initiated by State, Federal, and local agencies, academia, and private interests to identify the causes of these declines and recorded low population levels. The vast majority of these studies have concluded that these species are being impacted by a multitude of environmental factors including predation, competition from invasive species, entrainment by public and private water diversions, legal and illegal harvest, contamination emanating from urban and industrial wastewater discharges, agricultural and urban runoff, ocean conditions, and other environmental consequences associated with climate change. (F) Operations of the CVP and SWP are coordinated to a large degree by the Coordinated Operations Agreement between the United States and State of California and implemented by Congress in 1986 (Public Law 99-546). (G) The existing and proposed operations of the CVP and SWP are subject to consultation with the Unites States Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)). The current biological opinions were prepared separately, under direction by the United States District Court for the Eastern District of California, and issued December 2008 and June 2009, respectively. (H) The Central Valley Project Improvement Act of 1992 (Public Law 102-575) re-allocated on average over 1.6 million acre-feet of water annually away from water users for environmental restoration, disproportionately impacting rural, agricultural communities in the San Joaquin Valley. (I) The 2008 FWS and 2009 NMFS biological opinions are projected to result in an additional 1,200,000 acre-feet of reductions annually, combined, on average. (J) The State of California has been hard hit by three critically dry years. Coupled with an economic downturn, severely restricted water supply deliveries from the CVP and SWP to water service users has resulted in San Joaquin Valley cities and farm communities suffering unemployment numbers upwards of 30 to 40 percent, with tens of thousands of jobs lost, hundreds of thousands of acres fallowed, and other environmental consequences. (K) The current 2008 FWS and 2009 NMFS biological opinions consider complex actions taking place in highly altered environments but do not analyze the relative impact of any other environmental factors affecting the survival or recovery of the listed species, though they do acknowledge that conditions and activities not within the control of the CVP and SWP are likely to place substantial stress upon them. Further, as the 2008 FWS and 2009 NMFS biological opinions were developed separate of one another, there exist potential conflicts between them that may adversely impact one listed species in an attempt to protect another. (2) Purpose.--The purpose of this section is to resolve these potential conflicts and to address the full range of environmental factors that are likely jeopardizing the continued existence or recovery of the listed species or resulting in the destruction or adverse modification of their critical habitat. (b) Reconsultation Required.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Commissioner of the Bureau of Reclamation shall initiate consultation with the Secretary of the Interior and the Secretary of Commerce regarding the existing and proposed operations of the Central Valley Project and the California State Water Project, including as described in the Operations Criteria and Plan for the Central Valley Project, California, under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)). (2) Covered species.--The consultation shall include all species listed under section 4(c) of such Act (16 U.S.C. 1533(c)) and all candidate species (as that term is used in that Act) that are or will be affected by such proposed operations. (3) Analysis of factors.--In conducting the consultation required by this subsection, the Secretary of the Interior and the Secretary of Commerce shall each-- (A) identify, analyze, and describe all factors affecting the survival and recovery of the species referred to in paragraph (2), other than operations of the Central Valley Project and the California State Water Project, including-- (i) municipal wastewater discharges; (ii) urban and agricultural runoff; (iii) industrial discharges; (iv) major power plant water diversions and discharges; (v) private water diversions within the Sacramento-San Joaquin River Delta; and (vi) predation by invasive species, including striped bass; (B) identify, analyze, and describe the effect of invasive species and wastewater discharges on food availability on the survival and recovery of the species referred to in paragraph (2), including changes in the composition or availability of prey; changes in climate; and alterations in the species' critical habitat; (C) identify, analyze, and to the greatest extent practicable quantify the relative effect of each factor affecting the survival and recovery of the subject species; (D) rank each such factor in the order of its relative effect on the likelihood of the survival and recovery of the species referred to in paragraph (2); and (E) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Central Valley Project and California State Water Project on the survival and recovery of the species referred to in paragraph (2), in relation to all other factors affecting such survival and recovery. (c) Biological Opinion.-- (1) In general.--The Secretary of the Interior and the Secretary of Commerce shall issue a statement under section 7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(3)) with respect to the existing and proposed operations that are the subject of the consultation under subsection (b) of this section. (2) Reasonable and prudent alternatives.--If the Secretary of the Interior and the Secretary of Commerce include in the statement reasonable and prudent alternatives to discretionary project operations, they shall-- (A) specify and specifically describe in the statement the increased species abundance they estimate will result from such alternatives; and (B) limit the measures required by the reasonable and prudent alternative to no more than the proportionate effects of those discretionary project operations in relation to the factors referred to in subsection (b)(3)(A) affecting the species referred to in subsection (b)(2). (3) Other actions or measures.--The Secretary of the Interior and the Secretary of Commerce shall identify and recommend in the statement actions or measures that are not within the jurisdiction of the Bureau of Reclamation, but are necessary to address any factors referred to in subsection (b)(3)(A) that are jeopardizing the species referred to in subsection (b)(2) or adversely modifying their critical habitat. (d) Deadline for Completion.-- (1) In general.--The Commissioner and each such Secretary shall conclude consultation under subsection (b) and issue a statement under subsection (c) by the end of the 90-day period on which the consultation under subsection (b) is initiated by the Commissioner. (2) No extension.--Notwithstanding any other law, including paragraphs (1) and (2) of section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)), the period under paragraph (1) may not be extended. (e) Citizen Suits.--For purposes of section 11(g) of the of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)), this section is deemed to be a provision of that Act. (f) Other Consultation and Biological Opinion Not Effective.--Any consultation conducted or statement issued before the date of enactment of this Act under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the existing and proposed operations referred to in subsection (b)(1) shall have no force or effect after the date of the issuance of the statement under this section.

Requires the Commissioner of the Bureau of Reclamation to initiate (and conclude within 90 days) consultation with the Secretary of the Interior and the Secretary of Commerce on the existing and proposed operations of the Central Valley Project and the California State Water Project, including regarding all endangered, threatened, and candidate species listed under the Endangered Species Act affected by such proposed operations. Requires the Secretaries to: (1) identify, analyze, and describe all factors, other than operations of the Projects, affecting the survival and recovery of such species and the effect of invasive species and wastewater discharges on food availability on the survival and recovery of such species; (2) quantify the relative effect of each factor affecting the survival and recovery of the subject species; (3) rank each such factor in the order of its effect on the likelihood of the survival and recovery of the species; and (4) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Projects on the survival and recovery of the species in relation to all other factors affecting such survival and recovery. Requires the Secretaries: (1) to issue a statement setting forth their opinion detailing how existing and proposed operations of such Projects affect such species or their critical habitat; (2) if they include in the statement reasonable and prudent alternatives to discretionary project operations, to describe the increased species abundance they estimate will result from such alternatives and limit the measures required by the alternatives to no more than the proportionate effects of those discretionary project operations in relation to the factors affecting the species; and (3) to identity and recommend actions or measures that are not within the jurisdiction of the Bureau but are necessary to address any factors that are jeopardizing such species or adversely modifying their critical habitat. Declares that any consultation conducted or statement issued before this Act's enactment with respect to the existing and proposed operations shall have no force or effect after the statement is issued under this Act.

To direct the Commissioner of the Bureau of Reclamation to initiate consultations under the Endangered Species Act of 1973 on the Central Valley Project and the California State Water Project, and for other purposes.

SECTION 1. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES. (a) In General.--Section 170(e)(3) of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Special rule for contributions of book inventory for educational purposes.-- ``(i) Contributions of book inventory.--In determining whether a qualified book contribution is a qualified contribution, subparagraph (A) shall be applied without regard to whether-- ``(I) the donee is an organization described in the matter preceding clause (i) of subparagraph (A), and ``(II) the property is to be used by the donee solely for the care of the ill, the needy, or infants. ``(ii) Amount of reduction.-- Notwithstanding subparagraph (B), the amount of the reduction determined under paragraph (1)(A) shall not exceed the amount by which the fair market value of the contributed property (as determined by the taxpayer using a bona fide published market price for such book) exceeds twice the basis of such property. ``(iii) Qualified book contribution.--For purposes of this paragraph, the term `qualified book contribution' means a charitable contribution of books, but only if the requirements of clauses (iv) and (v) are met. ``(iv) Identity of donee.--The requirement of this clause is met if the contribution is to an organization-- ``(I) described in subclause (I) or (III) of paragraph (6)(B)(i), or ``(II) described in section 501(c)(3) and exempt from tax under section 501(a) (other than a private foundation, as defined in section 509(a), which is not an operating foundation, as defined in section 4942(j)(3)), which is organized primarily to make books available to the general public at no cost or to operate a literacy program. ``(v) Certification by donee.--The requirement of this clause is met if, in addition to the certifications required by subparagraph (A) (as modified by this subparagraph), the donee certifies in writing that-- ``(I) the books are suitable, in terms of currency, content, and quantity, for use in the donee's educational programs, and ``(II) the donee will use the books in its educational programs. ``(vi) Bona fide published market price.-- For purposes of this subparagraph, the term `bona fide published market price' means, with respect to any book, a price-- ``(I) determined using the same printing and edition, ``(II) determined in the usual market in which such a book has been customarily sold by the taxpayer, and ``(III) for which the taxpayer can demonstrate to the satisfaction of the Secretary that the taxpayer customarily sold such books in arm's length transactions within 7 years preceding the contribution of such a book.''. (b) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act

Amends the Internal Revenue Code to set forth a rule for determining the amount of the deduction allowable for charitable book inventory contributions for educational purposes.

A bill to amend the Internal Revenue Code of 1986 to enhance book donations and literacy.

SECTION 1. SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY FROM BIOMASS AND MUNICIPAL SOLID WASTE. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Special rule for certain qualified facilities.-- ``(A) In general.--In the case of electricity produced at a qualified facility described in paragraph (3) or (7) of subsection (d) and placed in service before the date of the enactment of this paragraph, a taxpayer may elect to apply subsection (a)(2)(A)(ii) by substituting `the period beginning after December 31, 2016, and ending before January 1, 2018' for `the 10- year period beginning on the date the facility was originally placed in service'. ``(B) Limitation.--No credit shall be allowed under subsection (a) to any taxpayer making an election under this paragraph with respect to electricity produced and sold at a facility during any period which, when aggregated with all other periods for which a credit is allowed under this section with respect to electricity produced and sold at such facility, is in excess of 10 years.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2017. SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE. (a) In General.--Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' has the meaning given the term `solid waste' under section 2(27) of the Solid Waste Disposal Act (42 U.S.C. 6903), except that such term does not include-- ``(i) paper which is commonly recycled and which has been segregated from other solid waste (as so defined), or ``(ii) solid waste (as so defined) which is collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. ``(B) Special rule with respect to incidental and residual waste.--Subparagraph (A)(ii) shall not apply to-- ``(i) solid waste (as so defined) which only contains an incidental amount of commonly recycled paper, and ``(ii) solid waste (as so defined) which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. ``(C) No effect on existing processes.--Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act (42 U.S.C. 6903 et seq.), nor require a change to the regulations that implement subtitle D of such Act (42 U.S.C. 6901 et seq.).''. (b) Rules With Respect to Electricity Produced From Solid Waste.-- Subsection (e) of section 45 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(13) Source of municipal solid waste feedstock.--In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource-- ``(A) such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and ``(B) subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 (in lieu of the 10-year period after the facilities are originally placed in service). The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of "municipal solid waste" to specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Care Integration Act of 2016''. SEC. 2. PRIMARY AND BEHAVIORAL HEALTH CARE INTEGRATION GRANT PROGRAMS. Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42) is amended to read as follows: ``SEC. 520K. INTEGRATION INCENTIVE GRANTS. ``(a) In General.--The Secretary shall establish a primary and behavioral health care integration grant program. The Secretary may award grants and cooperative agreements to eligible entities to expend funds for improvements in integrated settings with integrated practices. ``(b) Definitions.--In this section: ``(1) Integrated care.--The term `integrated care' means full collaboration in merged or transformed practices offering behavioral and physical health services within the same shared practice space in the same facility, where the entity-- ``(A) provides services in a shared space that ensures services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care; ``(B) ensures communication among the integrated care team that is consistent and team-based; ``(C) ensures shared decisionmaking between behavioral health and primary care providers; ``(D) provides evidence-based services in a mode of service delivery appropriate for the target population; ``(E) employs staff who are multidisciplinary and culturally and linguistically competent; ``(F) provides integrated services related to screening, diagnosis, and treatment of mental illness and substance use disorder and co-occurring primary care conditions and chronic diseases; and ``(G) provides targeted case management, including services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security, housing, employment, and other benefits to which they may be entitled. ``(2) Integrated care team.--The term `integrated care team' means a team that includes-- ``(A) allopathic or osteopathic medical doctors, such as a primary care physician and a psychiatrist; ``(B) licensed clinical behavioral health professionals, such as psychologists or social workers; ``(C) a case manager; and ``(D) other members, such as psychiatric advanced practice nurses, physician assistants, peer-support specialists or other allied health professionals, such as mental health counselors. ``(3) Special population.--The term `special population' means-- ``(A) adults with mental illnesses who have co- occurring primary care conditions with chronic diseases; ``(B) adults with serious mental illnesses who have co-occurring primary care conditions with chronic diseases; ``(C) children and adolescents with serious emotional disorders with co-occurring primary care conditions and chronic diseases; ``(D) older adults with mental illness who have co- occurring primary care conditions with chronic conditions; ``(E) individuals with substance use disorder; or ``(F) individuals from populations for which there is a significant disparity in the quality, outcomes, cost, or use of mental health or substance use disorder services or a significant disparity in access to such services, as compared to the general population, such as racial and ethnic minorities and rural populations. ``(c) Purpose.--The grant program under this section shall be designed to lead to full collaboration between primary and behavioral health in an integrated practice model to ensure that-- ``(1) the overall wellness and physical health status of individuals with serious mental illness and co-occurring substance use disorders is supported through integration of primary care into community mental health centers meeting the criteria specified in section 1913(c) of the Social Security Act or certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014; or ``(2) the mental health status of individuals with significant co-occurring psychiatric and physical conditions will be supported through integration of behavioral health into primary care settings. ``(d) Eligible Entities.--To be eligible to receive a grant or cooperative agreement under this section, an entity shall be a State department of health, State mental health or addiction agency, State Medicaid agency, or licensed health care provider or institution. The Administrator may give preference to States that have existing integrated care models, such as those authorized by section 1945 of the Social Security Act. ``(e) Application.--An eligible entity desiring a grant or cooperative agreement under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require, including a description of a plan to achieve fully collaborative agreements to provide services to special populations and-- ``(1) a document that summarizes the State-specific policies that inhibit the provision of integrated care, and the specific steps that will be taken to address such barriers, such as through licensing and billing procedures; and ``(2) a plan to develop and share a de-identified patient registry to track treatment implementation and clinical outcomes to inform clinical interventions, patient education, and engagement with merged or transformed integrated practices in compliance with applicable national and State health information privacy laws. ``(f) Grant Amounts.--The maximum annual grant amount under this section shall be $2,000,000, of which not more than 10 percent may be allocated to State administrative functions, and the remaining amounts shall be allocated to health facilities that provide integrated care. ``(g) Duration.--A grant under this section shall be for a period of 5 years. ``(h) Report on Program Outcomes.--An entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Administrator that includes-- ``(1) the progress to reduce barriers to integrated care, including regulatory and billing barriers, as described in the entity's application under subsection (d); and ``(2) a description of functional outcomes of special populations, such as-- ``(A) with respect to individuals with serious mental illness, participation in supportive housing or independent living programs, engagement in social or education activities, participation in job training or employment opportunities, attendance at scheduled medical and mental health appointments, and compliance with treatment plans; ``(B) with respect to individuals with co-occurring mental illness and primary care conditions and chronic diseases, attendance at scheduled medical and mental health appointments, compliance with treatment plans, and participation in learning opportunities related to improved health and lifestyle practice; and ``(C) with respect to children and adolescents with serious emotional disorders who have co-occurring primary care conditions and chronic diseases, attendance at scheduled medical and mental health appointments, compliance with treatment plans, and participation in learning opportunities at school and extracurricular activities. ``(i) Technical Assistance Center for Primary-Behavioral Health Care Integration.-- ``(1) In general.--The Secretary shall establish a program through which such Secretary shall provide appropriate information, training, and technical assistance to eligible entities that receive a grant or cooperative agreement under this section, in order to help such entities to meet the requirements of this section, including assistance with-- ``(A) development and selection of integrated care models; ``(B) dissemination of evidence-based interventions in integrated care; ``(C) establishment of organizational practices to support operational and administrative success; and ``(D) other activities, as the Secretary determines appropriate. ``(2) Additional dissemination of technical information.-- The information and resources provided by the technical assistance program established under paragraph (1) shall be made available to States, political subdivisions of a State, Indian tribes or tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), outpatient mental health and addiction treatment centers, community mental health centers that meet the criteria under section 1913(c), certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014, primary care organizations such as Federally qualified health centers or rural health centers, other community-based organizations, or other entities engaging in integrated care activities, as the Secretary determines appropriate. ``(j) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $50,000,000 for each of fiscal years 2017 through 2021, of which $2,000,000 shall be available to the technical assistance program under subsection (i).''.

Behavioral Health Care Integration Act of 2016 This bill amends the Public Health Service Act to replace a Substance Abuse and Mental Health Services Administration (SAMHSA) program to support demonstration projects for providing integrated health care to certain patient populations with a program to support integration of primary and behavioral health care. The program must be designed to lead to full collaboration between primary care and behavioral health providers in the same facility to ensure support for individuals with mental illness and a physical condition or substance use disorder. Under the program, grants and cooperative agreements may be awarded to state departments of health, state mental health or addiction agencies, state Medicaid agencies, and health care providers and institutions. Recipients must report to SAMHSA on progress in reducing barriers to integrated care and outcomes for certain patient populations.

Behavioral Health Care Integration Act of 2016