Abhinay123/billsum-summarization-filtered2

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Academies of Practice Recognition Act of 2003''. SEC. 2. CHARTER. The National Academies of Practice organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a Federal charter. SEC. 3. CORPORATE POWERS. The National Academies of Practice (referred to in this Act as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 4. PURPOSES OF CORPORATION. The purposes of the corporation shall be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, pharmacy, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures. SEC. 5. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 6. MEMBERSHIP. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. SEC. 7. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES. The composition and the responsibilities of the board of directors of the corporation shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. OFFICERS OF THE CORPORATION. The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 9. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of the charter under this Act. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer, or any director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) Claims of Federal Approval.--The corporation shall not claim congressional approval or Federal Government authority for any of its activities. SEC. 10. LIABILITY. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. SEC. 11. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--Nothing in this section shall be construed to contravene any applicable State law. SEC. 12. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. The report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 14. DEFINITION. In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 15. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986 or any corresponding similar provision. SEC. 16. TERMINATION. If the corporation fails to comply with any of the restrictions or provisions of this Act the charter granted by this Act shall terminate.

National Academies of Practice Recognition Act of 2003 - Grants a Federal charter to the National Academies of Practice (a nonprofit corporation organized under the laws of the District of Columbia).

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Our Patriotic Businesses Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) From September 2001 through November 2004, approximately 410,000 members of the reserve components of the Armed Forces, including the National Guard and Reserves, have been mobilized in support of United States military operations. (2) According to 2004 data from the Manpower Data Center of the Department of Defense, an estimated 35 percent of Guard members and Reservists are either self-employed or own or are employed by a small business. (3) The majority of privately employed National Guard and Reserve members either work for a small business or are self- employed. (4) As a result of activations, many small businesses have been forced to go without their owners and key personnel for months, and sometimes years, on end. (5) The effects have been devastating to such patriotic small businesses. (6) The Office of Veterans Business Development of the Small Business Administration has made a concerted effort to reach out to small businesses affected by deployments, but given the sheer numbers of those deployed, their resources have been stretched thin. (7) In addition, the Office of Veterans Business Development has been required to broaden its delivery of services, as directed by Executive Order 13360, to provide procurement training programs for service-disabled veterans. (8) This Act will help to stem the effects of National Guard and Reservist deployments on small businesses, and better assist veterans and service-disabled veterans with their business needs. SEC. 3. INCREASED FUNDING FOR THE OFFICE OF VETERANS BUSINESS DEVELOPMENT. There is authorized to be appropriated to the Office of Veterans Business Development of the Small Business Administration, and to remain available until expended-- (1) $2,000,000 for fiscal year 2006; (2) $2,100,000 for fiscal year 2007; and (3) $2,200,000 for fiscal year 2008. SEC. 4. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS. (a) Assumption of Duties.--Section 33 of the Small Business Act (15 U.S.C. 657c) is amended-- (1) by striking subsection (h); and (2) by redesignating subsections (i) through (k) as subsections (h) through (j), respectively. (b) Permanent Extension of Authority.--Section 203 of the Veterans Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking subsection (h). SEC. 5. PROFESSIONAL AND OCCUPATIONAL LICENSING. (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 707. CONTINUING EDUCATION REQUIREMENTS FOR PROFESSIONAL AND OCCUPATIONAL LICENSES. ``(a) Applicability.--This section applies to any servicemember who, after the date of enactment of this section, is ordered to active duty (other than for training) pursuant to section 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10, United States Code, or who is ordered to active duty under section 12301(d) of such title, during a period when members are on active duty pursuant to any such section. ``(b) Continuing Education Requirements.--A servicemember described in subsection (a) may not be required to complete the satisfaction of any continuing education requirements imposed with respect to the profession or occupation of the servicemember that accrue during the period of active duty of the servicemember as described in that subsection-- ``(1) during such period of active duty; and ``(2) during the 120-day period beginning on the date of the release of the servicemember from such period of active duty. ``(c) Active Duty Defined.--In this section, the term `active duty' has the meaning given that term in section 101(d) of title 10, United States Code.''. (b) Clerical Amendment.--The table of contents for such Act is amended by adding at the end the following new item: ``Sec. 707. Continuing education requirements for professional and occupational licenses.''. SEC. 6. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED SMALL BUSINESSES. Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended by adding at the end the following: ``(5) Relief from time limitations.-- ``(A) In general.--Any time limitation on any qualification, certification, or period of participation imposed under this Act on any program available to small business concerns shall be extended for a small business concern that-- ``(i) is owned and controlled by-- ``(I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10, United States, on or after September 11, 2001; or ``(II) a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active miliary, naval, or air service during a period of active duty pursuant to a call or order to active duty under a provision of law referred to in subclause (I) on or after September 11, 2001; and ``(ii) was subject to the time limitation during such period of active duty. ``(B) Duration.--Upon submission of proper documentation to the Administrator, the extension of a time limitation under subparagraph (A) shall be equal to the period of time that such veteran who owned or controlled such a concern was on active duty as described in that subparagraph.''. SEC. 7. COUNSELING OF MEMBERS OF THE NATIONAL GUARD AND RESERVES ON NOTIFICATION OF EMPLOYERS REGARDING MOBILIZATION. (a) Counseling Required.--The Secretary of each military department shall provide each member of a reserve component of the Armed Forces under the jurisdiction of the Secretary who is on active duty for a period of more than 30 days, or on the reserve active-status list, counseling on the importance of notifying such member's employer on a timely basis of any call or order of such member to active duty other than for training. (b) Frequency of Counseling.--Each member of the Armed Forces described in subsection (a) shall be provided the counseling required by that subsection not less often than once each year. SEC. 8. STUDY ON OPTIONS FOR IMPROVING TIMELY NOTICE OF EMPLOYERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVES REGARDING MOBILIZATION. (a) Study Required.-- (1) In general.--The Secretary of Defense shall conduct a study of the feasibility and advisability of various options for improving the time in which employers of members of the reserve components of the Armed Forces are notified of the call or order of such members to active duty other than for training. (2) Purpose.--The purpose of the study under paragraph (1) shall be to identify mechanisms, if any, for eliminating or reducing the time between-- (A) the date of the call or order of members of the reserve components of the Armed Forces to active duty; and (B) the date on which employers of such members are notified of the call or order of such members to active duty. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a). The report shall include-- (1) a description of the study, including the options addressed under the study; and (2) such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the study. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Armed Services and Small Business and Entrepreneurship of the Senate; and (2) the Committees on Armed Services and Small Business of the House of Representatives.

Supporting Our Patriotic Businesses Act of 2005 - Authorizes appropriations for the Small Business Administration's (SBA) Office of Veteran Business Development. Amends the Veterans Entrepreneurship and Small Business Development Act of 1999 to permanently extend the authority and duties of the SBA's Advisory Committee on Veterans Business Affairs. Amends the Servicemembers Civil Relief Act to exempt service members called to active duty from professional or occupational continuing education requirements while they are called up, or within the 120-day period after active duty release. Amends the Small Business Act to allow small businesses owned by veterans and service-disabled veterans to extend their SBA program participation time limitations by the length of time of active duty. Requires the Secretary of each military department to take measures to counsel Guard and Reserve members about the importance of timely notifying their employers after they receive active duty orders (other than training).

A bill to provide additional relief for small business owners ordered to active duty as members of reserve components of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Bay Water Reuse Program Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means a member agency of the North Bay Water Reuse Authority of the State located in the North San Pablo Bay watershed in-- (A) Marin County; (B) Napa County; (C) Solano County; or (D) Sonoma County. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of California. (4) Water reclamation and reuse project.--The term ``water reclamation and reuse project'' means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to-- (A) water quality improvement; (B) wastewater treatment; (C) water reclamation and reuse; (D) groundwater recharge and protection; (E) surface water augmentation; or (F) other related improvements. SEC. 3. NORTH BAY WATER REUSE PROGRAM. (a) In General.--The Secretary, acting through a cooperative agreement with the State or a subdivision of a State, may offer to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse projects. (b) Coordination With Other Federal Agencies.--In carrying out this section, the Secretary and the eligible entity shall, to the maximum extent practicable, use the design work and environmental evaluations initiated by-- (1) non-Federal entities; and (2) the Corps of Engineers in the San Pablo Bay Watershed of the State. (c) Cooperative Agreement.-- (1) Requirements.--A cooperative agreement entered into under paragraph (1) shall, at a minimum, specify the responsibilities of the Secretary and the eligible entity with respect to-- (A) ensuring that the cost-share requirements established by subsection (e) are met; (B) completing-- (i) a needs assessment for the water reclamation and reuse project; and (ii) the planning and final design of the water reclamation and reuse project; (C) any environmental compliance activity required for the water reclamation and reuse project; (D) the construction of facilities for the water reclamation and reuse project; and (E) administrating any contract relating to the construction of the water reclamation and reuse project. (2) Phased project.-- (A) In general.--A cooperative agreement described in paragraph (1) shall require that any water reclamation and reuse project carried out under this section shall consist of 2 phases. (B) First phase.--During the first phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the main treatment and main conveyance system of the water reclamation and reuse project. (C) Second phase.--During the second phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems of the water reclamation and reuse project. (d) Financial Assistance.-- (1) In general.--The Secretary may provide financial and technical assistance to an eligible entity to assist in planning, designing, conducting related preconstruction activities for, and constructing a water reclamation and reuse project. (2) Use.--Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under this section. (e) Cost-Sharing Requirement.-- (1) Federal share.--The Federal share of the total cost of any activity or construction carried out using amounts made available under this section shall be not more than 25 percent of the total cost of a water reclamation and reuse project. (2) Form of non-federal share.--The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including-- (A) reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and (B) the fair-market value of land that is-- (i) used for planning, design, and construction of the water reclamation and reuse project facilities; and (ii) owned by an eligible entity. (f) Operation, Maintenance, and Replacement Costs.-- (1) In general.--The eligible entity shall be responsible for the annual operation, maintenance, and replacement costs associated with the water reclamation and reuse project. (2) Operation, maintenance, and replacement plan.--The eligible entity, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan for the water reclamation and reuse project. (g) Effect.--Nothing in this Act-- (1) affects or preempts-- (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal right to-- (A) the water of a stream; or (B) any groundwater resource. (h) Authorization of Appropriations.--There is authorized to be appropriated for the Federal share of the total cost of the first phase of water reclamation and reuse projects carried out under this Act, an amount not to exceed 25 percent of the total cost of those reclamation and reuse projects or $25,000,000, whichever is less, to remain available until expended.

North Bay Water Reuse Program Act of 2006 - Authorizes the Secretary of the Interior to offer to enter into cooperative agreements with eligible entities in the North San Pablo Bay watershed located in Marin, Napa, Solano, and Sonoma Counties, California, for the planning, design, and construction of water reclamation and reuse projects. Directs the Secretary and such an entity to use the design work and environmental evaluations initiated by non-federal entities and the Corps of Engineers in that watershed to the maximum extent practicable. Requires such an agreement to specify the responsibilities of the Secretary and the entity regarding: (1) cost-share requirements; (2) needs assessment and project planning and design; (3) environmental compliance activity; (4) facilities construction; and (5) construction contract administration. Requires that any such project consist of two phases, during which the Secretary and an entity shall complete the planning, design, and construction of: (1) the main treatment and main conveyance system; and (2) the sub-regional distribution systems. Authorizes the Secretary to provide financial and technical assistance to an entity in planning, designing, conducting related pre-construction activities for, and constructing a project. Makes the entity responsible for the annual operation, maintenance, and replacement costs of the project. Requires the entity to develop an operation, maintenance, and replacement plan for the project.

To authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Faster Care for Veterans Act of 2016''. SEC. 2. PILOT PROGRAM ESTABLISHING A PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM. (a) Pilot Program.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program under which veterans use an Internet website or mobile application to schedule and confirm medical appointments at medical facilities of the Department of Veterans Affairs. (b) Selection of Locations.--The Secretary shall select not less than three Veterans Integrated Services Networks in which to carry out the pilot program under subsection (a). (c) Contracts.-- (1) Authority.--The Secretary shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling capability described in subsection (a). (2) Notice of competition.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing commercially available, off-the-shelf online patient self- scheduling system that includes the capabilities specified in section 3(a). (3) Selection.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to one or more contractors pursuant to the request for proposals under paragraph (2). (d) Duration of Pilot Program.-- (1) In general.--Except as provided by paragraph (2), the Secretary shall carry out the pilot program under subsection (a) for an 18-month period. (2) Extension.--The Secretary may extend the duration of the pilot program under subsection (a), and may expand the selection of Veterans Integrated Services Networks under subsection (b), if the Secretary determines that the pilot program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. (e) Mobile Application Defined.--In this section, the term ``mobile application'' means a software program that runs on the operating system of a cellular telephone, tablet computer, or similar portable computing device that transmits data over a wireless connection. SEC. 3. CAPABILITIES OF PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM. (a) Minimum Capabilities.--The Secretary of Veterans Affairs shall ensure that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes, at a minimum, the following capabilities: (1) Capability to schedule, modify, and cancel appointments for primary care, specialty care, and mental health. (2) Capability to support appointments for the provision of health care regardless of whether such care is provided in person or through telehealth services. (3) Capability to view appointment availability in real time. (4) Capability to make available, in real time, appointments that were previously filled but later cancelled by other patients. (5) Capability to provide prompts or reminders to veterans to schedule follow-up appointments. (6) Capability to be used 24 hours per day, 7 days per week. (7) Capability to integrate with the Veterans Health Information Systems and Technology Architecture of the Department, or such successor information technology system. (b) Independent Validation and Verification.-- (1) Independent entity.-- (A) The Secretary shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the patient self- scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes the capabilities specified in subsection (a). (B) Each independent validation and verification conducted under subparagraph (A) shall be completed as follows: (i) With respect to the validation and verification of the patient self-scheduling appointment system used in the pilot program under section 2, by not later than 60 days after the date on which such pilot program commences. (ii) With respect to any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, by not later than 60 days after the date on which such system is deployed, regardless of whether such deployment is on a limited basis, but not including any deployments for testing purposes. (2) GAO evaluation.-- (A) The Comptroller General of the United States shall evaluate each validation and verification conducted under paragraph (1). (B) Not later than 30 days after the date on which the Comptroller General completes an evaluation under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on such evaluation. (C) In this paragraph, the term ``appropriate congressional committees'' means-- (i) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and (ii) the Committees on Appropriations of the House of Representatives and the Senate. (c) Certification.-- (1) Capabilities included.--Not later than December 31, 2017, the Secretary shall certify to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs as of the date of the certification, includes the capabilities specified in subsection (a). (2) New systems.--If the Secretary develops or begins using a new patient self-scheduling appointment system that is not covered by a certification made under paragraph (1), the Secretary shall certify to such committees that such new system includes the capabilities specified in subsection (a) by not later than 30 days after the date on which the Secretary determines to replace the previous patient self-scheduling appointment system. (3) Effect of capabilities not included.--If the Secretary does not make a timely certification under paragraph (1) or paragraph (2), the Secretary shall replace any patient self-scheduling appointment system developed by the Secretary that is in use with a commercially available, off-the-shelf online patient self- scheduling system that includes the capabilities specified in subsection (a). SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on December 6, 2016. Faster Care for Veterans Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to begin an 18-month pilot program in at least three Veterans Integrated Service Networks (VISNs) under which veterans use an Internet website or mobile application to schedule and confirm appointments at VA medical facilities.The program's duration may be extended and the number of VISNs may be increased if the VA determines that the program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. The VA shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling capability. The VA's request for proposals shall be open to any contractor that has an existing commercially available, off-the-shelf online patient self-scheduling system that includes the capabilities to: schedule, modify, and cancel appointments for primary care, specialty care, and mental health; support appointments for the provision of health care regardless of whether such care is provided in person or through telehealth services; view appointment availability in real time; make available, in real time, appointments that were previously filled but later cancelled by other patients; provide prompts or reminders to veterans to schedule follow-up appointments; be used 24 hours per day, 7 days per week; and integrate with the Veterans Health Information Systems and Technology Architecture of the VA. The VA shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the system used in the program and any other patient self-scheduling appointment system developed or used by the VA includes such capabilities. The bill sets deadlines for the validation and verification of such systems. The Government Accountability Office shall evaluate and report to specified congressional committees on each validation and verification conducted. By December 31, 2017, the VA shall certify to the Committees on Veterans' Affairs that such systems include such capabilities. If the VA develops or begins using a new patient self-scheduling appointment system that is not covered by such certification, it shall: (1) certify that such new system includes such capabilities by 30 days after it makes the determination to replace the previous system, or (2) replace any such system developed that is in use with a commercially available, off-the-shelf online patient self-scheduling system that includes the specified capabilities.

Faster Care for Veterans Act of 2016

short title Section 1. This Act may be cited as the ``Government Shutdown Prevention Act''. continuing funding Sec. 2. (a) If any regular appropriation bill for fiscal year 1998 does not become law prior to the beginning of fiscal year 1998 or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in fiscal year 1997. (b) Appropriations and funds made available, and authority granted, for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be at 100 per cent of the rate of operations that was provided for the program, project, or activity in fiscal year 1997 in the corresponding regular appropriation Act for fiscal year 1997. (c) Appropriations and funds made available, and authority granted, for fiscal year 1998 pursuant to this Act for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- (1) the date on which the applicable regular appropriation bill for fiscal year 1998 becomes law (whether or not that law provides for that program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of fiscal year 1998. terms and conditions Sec. 3. (a) An appropriation of funds made available, or authority granted, for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriation Act for fiscal year 1997, including all of the terms and conditions and the apportionment schedule imposed with respect to the appropriation made or funds made available for fiscal year 1997 or authority granted for the program, project, or activity under current law. (b) Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (c) Notwithstanding any other provision of law, whenever the rate for operations for any continuing project or activity would result in a furlough or a reduction-in-force of Government employees, that rate for operations shall be increased to a level that would preclude a furlough or reduction-in-force. coverage Sec. 4. Appropriations and funds made available, and authority granted, for any program, project, or activity for fiscal year 1998 pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of fiscal year 1998 for which this Act applies to that program, project, or activity. expenditures Sec. 5. Expenditures made for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of fiscal year 1998 providing for that program, project, or activity for that period becomes law. initiating or resuming a program, project, or activity Sec. 6. No appropriation or funds made available or authority granted pursuant to this Act shall be used to initiate or resume any program, project, or activity for which appropriations, funds, or other authority were not available during fiscal year 1997. protection of other obligations Sec. 7. Nothing in this Act shall be construed to affect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. definition Sec. 8. In this Act, the term ``regular appropriation bill'' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of programs, projects, and activities: (1) Agriculture, rural development, and related agencies programs. (2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. (3) The Department of Defense. (4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (5) The Departments of Labor, Health and Human Services, and Education, and related agencies. (6) The Departments of Veterans and Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. (7) Energy and water development. (8) Foreign assistance and related programs. (9) The Department of the Interior and related agencies. (10) Military construction. (11) The Department of Transportation and related agencies. (12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. (13) The legislative branch.

Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1997) in the absence of regular appropriations for FY 1998. Requires increases in the rate of operations as necessary to preclude furloughs or reductions-in-force.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ravi Thackurdeen Safe Students Study Abroad Act''. SEC. 2. APPLICATION OF CLERY ACT TO PROGRAMS OF STUDY ABROAD. (a) Reporting of Crime Statistics.--Paragraph (12) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting a semicolon; and (3) by adding at the end the following: ``(E) while a student is participating in a program of study abroad approved for credit by an institution of higher education, distinguished by whether the criminal offense occurred at a location described in subparagraph (A), (B), (C), or (D), or at another location, without regard to whether the institution owns or controls a building or property at such location.''. (b) Additional Reporting for Programs of Study Abroad.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by redesignating paragraph (18) as paragraph (19); and (2) by inserting after paragraph (17), the following new paragraph: ``(18)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1), a statement that the institution has adopted and implemented a program to protect students participating in a program of study abroad approved for credit by the institution from crime and harm while participating in such program of study abroad that, at a minimum, includes the following: ``(i) A biennial review by the institution of the programs of study abroad approved for credit by the institution to determine-- ``(I) the effectiveness of the programs at protecting students from crime and harm, and whether changes to the programs are needed (based on the most recent guidance or other assistance from the Secretary) and will be implemented; ``(II) for the 10 years preceding the date of the report, the number (in the aggregate for all programs of study abroad approved for credit by the institution) of-- ``(aa) deaths of program participants resulting during program participation; ``(bb) accidents and illnesses occurring during program participation that resulted in hospitalization; ``(cc) sexual assaults against program participants occurring during program participation; and ``(dd) incidents involving program participants during the program participation that resulted in police involvement or a police report; and ``(III) with respect to the incidents described in items (aa) through (dd) of subclause (II), whether the incidents occurred-- ``(aa) on campus; ``(bb) in or on a noncampus building or property; ``(cc) on public property; ``(dd) in dormitories or other residential facilities for students; or ``(ee) at a location not described in items (aa) through (dd) of this subclause, without regard to whether the institution owns or controls a building or property at the location. ``(ii) The crime statistics described in paragraph (12)(E). ``(B) An institution of higher education described in subparagraph (A) shall-- ``(i) provide each student who is interested in participating in a program of study abroad approved for credit by the institution, with a pre-trip orientation session and advising that includes-- ``(I) a list of countries in which such programs of study abroad are located; ``(II) all current travel information, including all travel warnings and travel alerts, issued by the Bureau of Consular Affairs of the Department of State for such countries; and ``(III) the information described in clauses (i) and (ii) of subparagraph (A), provided specifically for each program of study abroad approved for credit by the institution in which the student is considering participation; and ``(ii) provide each student who returns from such a program of study abroad with a post-trip orientation session, including an exit interview that assists the institution in carrying out subparagraph (A) and clause (i) of this subparagraph. ``(C) An institution of higher education shall not disaggregate or otherwise distinguish information for purposes of subparagraph (A) or (B) in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. ``(D) The Secretary shall periodically review a representative sample of the programs described in subparagraph (A) that have been adopted and implemented by institutions of higher education to protect students participating in a program of study abroad described in subparagraph (A) from crime and harm while participating in such program of study abroad.''.

Ravi Thackurdeen Safe Students Study Abroad Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify campus security reporting requirements for an institution of higher education (IHE) that participates in federal student aid programs. Currently, an IHE must annually report data to the Department of Education on certain criminal offenses that occur in the following geographic categories: on campus, on campus in a residential facility, on noncampus property, and on public property. This bill expands the geographic categories of reportable offenses to also include crimes that occur while a student is participating in an approved study abroad program. Additionally, it requires an IHE to develop and distribute, as part of its annual security report provided to students and employees, a statement that it has adopted and implemented a program to protect students participating in an approved study abroad program from crime and harm.

Ravi Thackurdeen Safe Students Study Abroad Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Affordable Drugs Act of 2004''. SEC. 2. ELIMINATION OF DISCRIMINATORY TREATMENT OF EMPLOYER PLANS. (a) Elimination of True Out-of-Pocket Limitation.--Section 1860D- 2(b)(4)(C) 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: ``(C) Application.--In applying subparagraph (A), incurred costs shall only include costs incurred with respect to covered part D drugs for the annual deductible described in paragraph (1), for cost-sharing described in paragraph (2), and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3).''. (b) Equalization of Subsidies.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D-22(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), as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D-15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. SEC. 3. DIRECT SUBSIDY FOR CERTAIN STATE PHARMACEUTICAL ASSISTANCE PROGRAMS Part D of title XVIII of the Social Security Act (as so added) is amended by inserting after section 1860D-23 the following: ``direct subsidies for certain state pharmaceutical assistance programs ``Sec. 1860D-23A. (a) Direct Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each individual who is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in such program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be an amount equal to the special subsidy payment amount determined under section 1860D- 22(a)(3) for a qualifying covered retiree for a coverage year enrolled with the sponsor of a qualified retiree prescription drug plan. ``(b) Additional Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each applicable low-income individual enrolled in the program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be the amount the Secretary estimates would have been made to a prescription drug plan or MA-PD plan under section 1860D-14 with respect to the applicable low-income individual if such individual was enrolled in such a plan. ``(B) Maximum payments.--In no case may the amount of the payment determined under subparagraph (A) with respect to an applicable low-income individual exceed, as estimated by the Secretary, the average amount paid in a year under section 1860D-14 on behalf of a subsidy eligible individual (as defined in section 1860D- 14(a)(3)(A)) with income that is the same as the income of the applicable low-income individual. ``(3) Applicable low-income individual.--For purposes of this subsection, the term `applicable low-income individual' means an individual who-- ``(A) is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in a State pharmaceutical assistance program described in section 1860D-23(b)(1); and ``(B) would be a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)) if the individual were enrolled in such a plan. ``(c) Payment Methods.-- ``(1) In general.--Payments under this section shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this section are made during a year based on the Secretary's best estimate of amounts that will be payable after obtaining all of the information. ``(2) Source of payments.--Payments under this section shall be made from the Medicare Prescription Drug Account. ``(d) Construction.--Nothing in this section, section 1860D-23, or section 1860D-24 shall be construed as requiring a prescription drug plan or MA-PD plan to coordinate coverage provided under such plan with coverage provided under a State pharmaceutical assistance program described in section 1860D-23(b)(1) that is operated by a State which receives a payment under this section.''. SEC. 4. FACILITATION OF COORDINATION. Section 1860D-24(c)(1) of the Social Security Act (as so added) is amended by striking ``all methods of operation'' and inserting ``its own methods of operation, except that a PDP sponsor or MA organization may not require a State Pharmaceutical Assistance Program or an RX plan described in subsection (b) to apply such tools when coordinating benefits''. SEC. 5. ALLOWING MEDICAID WRAP. Section 1935(d) of the Social Security Act, as added by section 103(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is repealed. SEC. 6. REPEAL OF COMPARATIVE COST ADJUSTMENT PROGRAM. Effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), subtitle E of title II of such Act is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted. SEC. 7. PROVISION OF WRAP-AROUND PRESCRIPTION DRUG COVERAGE THROUGH MEDIGAP. Section 1882(v) of the Social Security Act (42 U.S.C. 1395ss(v)), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended as follows: (1) In paragraph (1)(A), by inserting ``, other than such a policy that provides wrap-around prescription drug coverage included within a range of such coverage approved under subparagraph (D)(ii),'' after ``paragraph (6)(A))''. (2) Add at the end of paragraph (1) the following new subparagraph: ``(D) Wrap-around prescription drug coverage.-- ``(i) In general.--Notwithstanding any other provision of this subsection, a medigap Rx policy that provides wrap-around prescription drug coverage included within a range of such coverage approved by the Secretary under clause (ii) may be offered to part D enrollees. ``(ii) Development of standards.--The Secretary shall approve a range of wrap-around prescription drug coverage that may be offered under this subparagraph to part D enrollees.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Preserving Access to Affordable Drugs Act of 2004 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to: (1) allow employer contributions on drug costs to count towards the catastrophic limit; and (2) provide for direct subsidies for certain State pharmaceutical assistance programs. Directs the Secretary of Health and Human Services to ensure that employer-based plans receive the same subsidization as the Medicare prescription drug plans. Amends SSA title XIX (Medicaid), as amended by the Medicare Prescription Drug Improvement, and Modernization Act of 2003, to ensure that States can provide supplemental Medicaid prescription drug coverage to complement the Medicare drug benefit for seniors who are dually eligible for Medicare and Medicaid. Repeals the comparative cost adjustment program under Medicare. Amends SSA title XVIII part D, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to allow the provision of wrap-around prescription drug coverage through Medigap.

To amend part D of title XVIII of the Social Security Act to improve the coordination of prescription drug coverage provided under retiree plans and State pharmaceutical assistance programs with the prescription drug benefit provided under the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Volunteer Protection Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. No preemption of State tort law. Sec. 4. Limitation on liability for volunteers. Sec. 5. Certification requirement and adjustment of Social Services Block Grant Program allotments. Sec. 6. Definitions. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by potential personal liability for simple mistakes made in the course of volunteer service; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, local governments, foundations, and other civic programs, have been adversely affected through the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost- effective social service programs which depend heavily on volunteer participation, protection of voluntarism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal encouragement of State reform. (b) Purpose.--It is the purpose of this Act to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs and nonprofit organizations and governmental entities which depend on volunteer contributions by encouraging reasonable reform of State laws to provide protection from personal financial liability to volunteers serving with nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. NO PREEMPTION OF STATE TORT LAW. Nothing in this Act shall be construed to preempt the laws of any State governing tort liability actions. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), any volunteer of a nonprofit organization or governmental entity shall incur no personal financial liability for any tort claim alleging damage or injury from any act or omission of the volunteer on behalf of the organization or entity if-- (1) such volunteer was acting in good faith and within the scope of such volunteer's official functions and duties with the organization or entity; and (2) such damage or injury was not caused by willful and wanton misconduct by such volunteer. (b) Concerning Responsibility of Volunteers With Respect to Organizations.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to injury caused to any person. (d) Exceptions to Volunteer Liability Protection.--A State may impose one or more of the following conditions on and exceptions to the granting of liability protection to any volunteer of an organization or entity required by subsection (a): (1) The organization or entity must adhere to risk management procedures, including mandatory training of volunteers, as defined by the Secretary of Health and Human Services by regulation. (2) The organization or entity shall be liable for the acts or omissions of its volunteers to the same extent as an employer is liable, under the laws of that State, for the acts or omissions of its employees. (3) The protection from liability does not apply-- (A) if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State involved requires the operator or vehicle owner to maintain insurance; (B) in the case of a suit brought by an appropriate officer of a State or local government to enforce a Federal, State, or local law; and (C) to the extent the claim would be covered under any insurance policy. (4) The protection from liability shall apply only if the organization or entity provides a financially secure source of recovery for individuals who suffer injury as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES BLOCK GRANT PROGRAM ALLOTMENTS. (a) Certification and Block Grant Allotments.--In the case of any State which certifies, not later than 2 years after the date of the enactment of this Act, to the Secretary of Health and Human Services that it has enacted, adopted, or otherwise has in effect State law which substantially complies with section 4(a), the Secretary shall increase by 1 percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act. (b) Continuation of Increase.--Any increase made under subsection (a) in an allotment to a State shall remain in effect only if the State makes a certification to the Secretary of Health and Human Services, not later than the end of each 1-year period occurring successively after the end of the 2-year period described in subsection (a), that it has in effect State law which substantially complies with section 4(a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (including reimbursement or allowance for expenses), or (B) any other thing of value in lieu of compensation, in excess of $300, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer; (2) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (3) the term ``damage or injury'' includes physical, nonphysical, economic, and noneconomic damage; and (4) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.

Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers in the performance of services for a nonprofit organization or governmental entity. Makes this Act inapplicable to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute declaring its election that this Act not apply. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or owner to possess an operator's license or maintain insurance. Specifies conditions of State laws limiting volunteer liability which shall not be construed as inconsistent with this Act. Prohibits the award of punitive damages against a volunteer unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides that the volunteer liability limitations of this Act shall not apply to any misconduct: (1) that constitutes a crime of violence, an act of international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of civil rights law; or (3) where the defendant was under the influence of intoxicating alcohol or any drug. Makes each volunteer liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which that defendant is liable. Requires the trier of fact to determine such percentage of responsibility.

Volunteer Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Standards Preservation Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The safety of drinking water, and the adequacy of water supplies, is a national concern. In the 29 years since Congress first mandated the establishment of uniform national minimum drinking water standards, national standards have been established for more than 100 contaminants and parameters. (2) The States have been authorized to enforce those standards, and, in appropriate cases, set stricter standards on a statewide basis. (3) It is technologically infeasible for a drinking water system to provide water with a zero level of contaminants, and a determination that drinking water must contain no contaminants would threaten the adequacy of water supplies. (4) The setting of drinking water standards is a complex public policy determination requiring a careful analysis and balancing of a number of factors, including-- (A) the maximum safe level for each drinking water contaminant; (B) the technological capability of removing contaminants from public drinking water supplies; and (C) the importance of assuring that drinking water is affordable to all Americans. (5) The setting of these standards is not appropriate for individual juries deciding individual cases in the separate States, but rather is fundamentally a scientific issue to be resolved by the appropriate Federal and State agencies in accordance with the rulemaking provisions of the Safe Drinking Water Act and the applicable State authorities. (6) Claims for monetary damages brought against public water providers under the common law of the various States based on alleged contamination of drinking water threaten to undermine the science-based uniform national system of water quality regulation. (7) The States should retain maximum flexibility to handle claims for monetary damages brought against public water providers based on alleged contamination of drinking water, including the authority to decide whether such claims should be heard by the courts or an administrative agency. (8) The costs of defending against multiple legal claims can be financially burdensome to any water provider, but especially to small systems, and the imposition of such costs cannot be justified when a supplier complies with the requirements of the Safe Drinking Water Act. SEC. 3. AMENDMENTS TO THE SAFE DRINKING WATER ACT. Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is amended as follows: (1) In subsection (e)-- (A) in the first sentence, by striking ``Nothing'' and inserting ``Except as provided in subsection (f), nothing''; (B) at the end of the first sentence, by striking ``or to seek any other relief''; (C) in the second sentence, by striking ``Nothing'' and inserting ``Except as provided in subsection (f), nothing''; and (D) by inserting after the first sentence the following: ``Nothing in subsection (f) creates a new cause of action, and, except as otherwise explicitly provided in this title, nothing in this title expands liability otherwise imposed or limits any defense otherwise available under Federal or State law.''. (2) By adding the following new subsection at the end thereof: ``(f)(1) No public water system shall be liable in a civil suit brought before any Federal or State court for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water, unless the court determines that the plaintiff has established the following: ``(A) In the case of a regulated contaminant, the plaintiff must establish that each of the following criteria are met: ``(i) The substance in the delivered water which the plaintiff claims caused the injury was subject to a Federal or State regulation prescribed under this Act at the time of delivery. ``(ii) There is substantial scientific evidence that the substance in the delivered water which the plaintiff claims caused the injury was of such a nature, and in such amounts, that it was reasonably likely to cause the kind of injury of which the plaintiff complains. ``(iii) The public water system violated the regulation referred to in clause (i). ``(iv) The violation was negligent. ``(v) The violation caused the injury. ``(B) In the case of an unregulated contaminant, the plaintiff must establish that each of the following criteria are met: ``(i) The substance in the delivered water which the plaintiff claims caused the injury was not subject to any requirements prescribed under this Act at the time of delivery. ``(ii) There is substantial scientific evidence that the substance in the delivered water which the plaintiff claims caused the injury was of such a nature, and in such amounts, that it was reasonably likely to cause the kind of injury of which the plaintiff complains. ``(iii) The injury actually was caused by delivery of water that contained such a substance. ``(iv) The public water system knew or should have known that the substance was in the drinking water at such a level and was likely to cause the injury. ``(v) It was feasible for the supplier to have removed such contaminant to a level below which it was not likely to cause such injury. ``(2) The court shall, in a special pretrial proceeding, subject to the requirements of paragraph (3), determine whether the plaintiff has established either that criteria in clauses (i), (ii), and (iii) of paragraph (1)(A) or criteria in clauses (i), (ii), and (v) in paragraph (1)(B) have been met. ``(3) The court, in making the determinations required in paragraphs (1)(A) and (1)(B), shall adopt and give binding effect to any findings of fact, conclusions of law, or determination of any agency of a State exercising primary enforcement authority for purposes of this title. Nothing in this section limits the jurisdiction or authority of any State agency to make findings and determinations with respect to whether-- ``(A) requirements for drinking water quality adequately protect the public; ``(B) additional requirements for regulated or unregulated contaminants are warranted; and ``(C) public water systems are in compliance with such requirements.''.

Drinking Water Standards Preservation Act of 2005 - Amends the Safe Drinking Water Act to establish liability standards for a public water system for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water containing either regulated or unregulated contaminants. Requires for both regulated and unregulated contaminants that the plaintiff establish that there is substantial scientific evidence that the kind of injury alleged could be caused by such substance in the amounts present and that the substance did, in fact, cause the injury. Requires proof: (1) in the case of regulated contaminants, that the water system violated the regulation, was negligent and that the violation caused the injury; and (2) in the case of unregulated contaminants, that the water system knew or should have known that the substance at that level was likely to cause such injury and that it was feasible to remove the contaminant to a safe level. Directs the court to make determinations regarding proof requirements in a special pretrial proceeding and to give binding effect to any findings of fact, conclusions of law, or determinations of State agencies exercising primary enforcement authority.

To amend the Safe Drinking Water Act to provide procedures for claims relating to drinking water.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Mortgage Capital Availability Act of 1993''. SEC. 2. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR TRANSFERS OF MORTGAGE LOANS. (a) Accounting Principles.--The accounting principles applicable to the transfer of a mortgage loan with recourse contained in reports or statements required to be filed with Federal banking agencies by a qualified insured depository institution shall be consistent with generally accepted accounting principles. (b) Capital and Reserve Requirements.--With respect to the transfer of a mortgage loan with recourse that is a sale under generally accepted accounting principles, each qualified insured depository institution shall-- (1) establish and maintain a reserve equal to an amount sufficient to meet the reasonable estimated liability of the institution under the recourse arrangement; and (2) treat as an asset (for purposes of applicable capital standards and other capital measures, including risk-based capital requirements) only the maximum amount at risk under the recourse arrangement. (c) Qualified Institutions Defined.--An insured depository institution is a qualified insured depository institution for purposes of this section if, without regard to the accounting principles or capital requirements referred to in subsections (a) and (b), the institution is-- (1) well capitalized; or (2) with the approval, by regulation or order, of the appropriate Federal banking agency, adequately capitalized. (d) Aggregate Amount of Recourse.--The total outstanding amount at risk with respect to transfers of mortgage loans under subsections (a) and (b) (together with the amount at risk under any provisions of law substantially similar to subsections (a) and (b)) shall not exceed-- (1) the amount which is equal to 15 percent of the risk- based capital of the institution; or (2) such greater amount, as established by the appropriate Federal banking agency by regulation or order. (e) Institutions That Cease To Be Qualified or Exceed Aggregate Limits.--If an insured depository institution ceases to be a qualified insured depository institution or exceeds the limits under subsection (d), this section shall remain applicable to any transfer of mortgage loans that occurred at a time when the institution was qualified and had not exceeded such limit. (f) Prompt Corrective Action not Affected.--The capital of an insured depository institution shall be computed without regard to this section in determining whether the institution is less than well capitalized. (g) Regulations Required.--Before the end of the 180-day period beginning on the date of the enactment of this Act, each appropriate Federal banking agency shall prescribe final regulations implementing this section. (h) Alternative System Permitted.-- (1) In general.--At the discretion of the appropriate Federal banking agency, this section shall not apply if the regulations of the agency provide that the aggregate amount of capital and reserves required with respect to the transfer of mortgage loans with recourse does not exceed the aggregate amount of capital and reserves that would be required under subsection (b). (2) Existing transactions not affected.--Notwithstanding paragraph (1), this section shall remain in effect with respect to transfers of mortgage loans with recourse by qualified insured depository institutions occurring before the effective date of regulations referred to in paragraph (1). (i) Definitions.--The following definitions apply for purposes of this section: (1) Adequately capitalized.--The term ``adequately capitalized'' has the same meaning as in section 38(b) of the Federal Deposit Insurance Act. (2) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Capital standards.--The term ``capital standards'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act. (4) Federal banking agencies.--The term ``Federal banking agencies'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (5) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (6) Other capital measures.--The term ``other capital measures'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act. (7) Recourse.--The term ``recourse'' has the meaning given to such term under generally accepted accounting principles. (8) Mortgage loan.--The term ``mortgage loan'' means any-- (A) note or certificate of interest or participation in a note (including any rights designed to assure servicing of, or the timeliness of receipt by the holders of such notes, certificates, or participation of amounts payable under such notes, certificates or participation) that is principally secured by an interest in real property; or (B) any security (within the meaning of section 8 of the Securities Exchange Act of 1934) that is secured by one or more notes described in subparagraph (A) or certificates of interest or participation in such notes (with or without recourse to issuers thereof) and that, by its terms, provides for payments of principal in relation to payments, or reasonable projections of payments, on notes described in subparagraph (A) or certificates of interest or participation in such notes. (9) Well capitalized.--The term ``well capitalized'' has the same meaning as in section 38(b) of the Federal Deposit Insurance Act. SEC. 3. AMENDMENT TO DEFINITION OF MORTGAGE RELATED SECURITY. Section 3(a)(41)(A)(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41)(A)(i)) is amended by inserting before the semicolon ``, or on 1 or more parcels of real estate upon which is located one or more commercial structures''. SEC. 4. AUTHORITY TO EXEMPT COMMERCIAL MORTGAGE RELATED SECURITIES TRANSACTIONS FROM PROHIBITED TRANSACTION RULES. The Secretary of Labor, in consultation with the Secretary of the Treasury, shall exempt, either unconditionally or on stated terms and conditions, transactions involving commercial mortgage related securities (as such term is defined in section 3(a)(41) of the Securities Exchange Act of 1934, as amended by section 3 of this Act) from-- (1) the restrictions of sections 406(a) and 407(a) of the Employee Retirement Income Security Act of 1974; and (2) the taxes imposed under section 4975 of the Internal Revenue Code of 1986. SEC. 5. PROVISIONS TO SAFEGUARD THE INTEGRITY OF THE SECURITIZATION PROCESS, AND THE SAFETY AND SOUNDNESS OF FEDERALLY INSURED INSTITUTIONS. (a) Compliance With Securities Regulations.--Any security relying on the provisions of this Act shall comply with all rules and regulations of Federal securities laws applicable thereto, as determined taking into account the provisions of this Act, including all provisions relating to required disclosure to investors, registrations, reporting and compliance, and all anti-fraud provisions. (b) Treatment of Bank Issued or Purchased Mortgage Backed Securities for Purposes of Minimum Capital Requirements.-- (1) Mortgages held by bank to back securities.--If an issue of securities backed by mortgage loans represents a liability on the balance sheet of an insured depository institution and the assets backing such obligation represent assets on the balance sheet of such institution, the institution shall maintain minimum adequate capital with regard to such assets as prescribed by all applicable rules and regulations of the banking agencies with supervisory and examination authority over such institution, as determined taking into account the provisions of this Act. (2) Securities held by bank.--If an insured depository institution purchases a mortgage-related security to which the provisions of this Act apply, the institution shall maintain minimum adequate capital with respect to such security and all other assets as prescribed by all applicable rules and regulations of the banking agencies with supervisory and examination authority over such institution, as determined taking into account the provisions of this Act.

Commercial Mortgage Capital Availability Act of 1993 - Sets forth a regulatory scheme under which qualified insured depository institutions meeting prescribed reserve and capital requirements may execute mortgage loan transfers with a recourse arrangement. Amends the Securities Exchange Act of 1934 to modify the definition of "mortgage related security" to include notes directly secured by a first lien on real estate with commercial structures located upon it (thus bringing such securities within the purview of the Act). Directs the Secretary of Labor to exempt commercial mortgage related securities transactions from: (1) certain restrictions of the Employee Retirement Income Security Act of 1974; and (2) certain taxes imposed under the Internal Revenue Code. Mandates that securities relying on the provisions of this Act comply with all Federal securities laws relating to disclosure to investors, registrations, reporting and anti-fraud provisions. Requires insured depository institutions to maintain the minimum adequate capital prescribed by regulatory banking agencies when executing mortgage backed securities transactions.

Commercial Mortgage Capital Availability Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Net Price Calculator Improvement Act''. SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS. Section 132(h) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)) is amended-- (1) by redesignating paragraph (4) as paragraph (6); (2) in paragraph (2), by inserting before the period ``, and, not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, shall meet the requirements of paragraph (4)(B)''; (3) in paragraph (3), by inserting after the first sentence the following: ``Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, such calculator shall meet the requirements of paragraph (4).''; and (4) by inserting after paragraph (3) the following: ``(4) Minimum requirements for net price calculators.--Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements: ``(A) The link for the calculator-- ``(i) is clearly labeled as a `net price calculator' and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution's website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages); ``(ii) matches in size and font to the other prominent links on the primary menu; and ``(iii) may also be included on the institution's compliance web page, which contains information relating to compliance with Federal, State, and local laws. ``(B) The results screen for the calculator specifies the following information: ``(i) The individual net price (as calculated under paragraph (2)) for the individual student, which is the most visually prominent figure on the results screen. ``(ii) Cost of attendance, including-- ``(I) tuition and fees; ``(II) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; ``(III) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; and ``(IV) estimated cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution. ``(iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid. ``(iv) Percentage of the first-time, full- time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii). ``(v) The disclaimer described in paragraph (6). ``(vi) In the case of a calculator that-- ``(I) includes questions to estimate a student's (or prospective student's) eligibility for veterans' education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or ``(II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates that certain students (or prospective students) may qualify for such benefits and includes a link to information about such benefits. ``(C) The institution populates the calculator with data from not earlier than 2 academic years prior to the most recent academic year. ``(5) Prohibition on use of data collected by the net price calculator.--A net price calculator for an institution of higher education shall-- ``(A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; ``(B) in the case of a calculator that requests contact information from users, clearly mark such requests as `optional'; ``(C) prohibit any personally identifiable information provided by users from being sold or made available to third parties; and ``(D) clearly state `Any information that you provide on this site is confidential. The Net Price Calculator does not store your responses or require personal identifying information of any kind.'.''. SEC. 3. UNIVERSAL NET PRICE CALCULATOR. Section 132(h) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)), as amended by section 2, is further amended by adding at the end the following: ``(7) Universal net price calculator.-- ``(A) In general.--The Secretary may develop a universal net price calculator that-- ``(i) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; ``(ii) provides the information required under subparagraphs (B) and (C) of paragraph (4) for each institution for which a net price is being sought; ``(iii) is developed in consultation with the heads of relevant Federal agencies; and ``(iv) before being finalized and publicly released, is tested in accordance with subparagraph (B). ``(B) Consumer testing.-- ``(i) In general.--If the Secretary develops a universal net price calculator under subparagraph (A), the Secretary, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the universal net price calculator developed under this paragraph for consumer testing among representatives of students (including low- income students, first generation college students, adult students, and prospective students), students' families (including low- income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ``(ii) Length of consumer testing.--The Secretary shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under clause (i). ``(iii) Use of results.--The results of consumer testing under clause (i) shall be used in the final development of the universal net price calculator. ``(iv) Reporting requirement.--Not later than 3 months after the date the consumer testing under clause (i) concludes, the Secretary shall submit to Congress the final universal net price calculator and a report detailing the results of such testing, including whether the Secretary added any additional items to the calculator as a result of such testing. ``(v) Authority to modify.--The Secretary may modify the definitions, terms, formatting, and design of the universal net price calculator based on the results of consumer testing required under this paragraph and before finalizing the calculator. ``(8) Report from secretary.--Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, the Secretary shall submit a report to Congress on steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families.''.

Net Price Calculator Improvement Act - Amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that each institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's "net price" is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) Requires the link for the calculator to be clearly labeled and conspicuously posted on an IHE's website. Requires each calculator's results page to include: the individual net price of attending the IHE (the individual net price is calculated like the net price but takes into account the cost of attendance for, and aid available to, the individual student to the extent practicable); the cost of attending the IHE; the estimated total need- and merit-based grant aid from federal, state, and institutional sources that may be available to the individual student; the percentage of such students enrolled at the school who receive any of that grant aid; and a notice that an estimate of an individual's net price is non-binding and subject to change. Requires calculators that estimate a user's eligibility for veterans' education benefits or educational benefits for active duty service members to clearly distinguish those benefits from other grant-aid. Requires calculators that do not make such estimates to provide users with notice of, and a link to information concerning, those benefits. Directs IHEs to populate their calculators with data from not earlier than two academic years prior to the most recent academic year. Requires the calculators to: (1) clearly indicate which questions need to be completed for a net price estimate, (2) clearly mark requests for contact information as optional, (3) prohibit personally identifiable information from being sold or made available to third parties, and (4) clearly state that any information a user provides is confidential and that the calculator does not store responses or require personal identifying information. Authorizes the Secretary of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator.

Net Price Calculator Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2005''. SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ACTIVITIES ``Sec. 561. Outreach activities: coordination of activities within the Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) annually review the procedures in effect under subsection (a) for the purpose of ensuring that those procedures meet the requirements of that subsection; and ``(2) make such modifications to those procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach ``(a) It is the purpose of this section to provide for assistance by the Secretary to the States in carrying out programs within their respective jurisdiction that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans, so as to ensure that such individuals are fully informed about, and assisted in applying for, any veterans' and veterans-related benefits and programs (including State veterans' programs) for which they may be eligible. ``(b) The Secretary shall ensure that, as a condition of the provision of assistance by the Secretary under this section, that such assistance is provided for outreach and assistance under State and county veteran service programs referred to in subsection (a) in locations-- ``(1) that have relatively large concentrations of populations of veterans and other individuals referred to in subsection (a); or ``(2) that are experiencing growth in the population of veterans and other individuals referred to in subsection (a). ``(c) The Secretary may enter into cooperative agreements and arrangements with State veterans agencies in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the States (including outreach with respect to State veterans' programs). ``(d)(1) The Secretary may make grants to State veterans agencies in order to achieve the following purposes: ``(A) To carry out, coordinate, improve, or otherwise enhance outreach, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(B) To carry out, coordinate, improve, or otherwise enhance activities to assist in the development and submittal of claims for veterans' and veterans-related benefits, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(2) A State veterans agency receiving a grant under this subsection shall use the grant amount for purposes described in paragraph (1) by-- ``(A) awarding a portion of such grant amount to local governments of that State that provide veterans outreach services, to be awarded on the basis of the number of veterans residing in the jurisdiction of that local government; ``(B) awarding a portion of such grant amount to local governments in that State seeking to establish a program of outreach services; and ``(C) using the remainder for outreach activities of that State veterans agency. ``(3) No portion of the amount of a grant to a State under this subsection may be used at the State level for the purpose of administering those funds. ``(4) Federal funds provided to a State by a grant under this subsection may not be used to provide more than 50 percent of the total cost of such State and local government activities and shall be used to expand existing outreach programs and services, not to supplant existing State and local funding. The Secretary shall allocate funds to the States for grants under this subsection on the basis of the veteran population of the respective States. ``(5)(A) In a case in which a unit of local government does not have a veteran services program, funds from a grants under this subsection may be used to establish such a program. ``(B) In a case in which a unit of local government does not have such a program and does not seek to establish such a program through assistance from a grant amount under this subsection, the State veterans agency may use funds available under this subsection to provide outreach services for that local government jurisdiction. ``(C) In the case of a State in which State and local government veteran service programs do not seek to receive a grant amount under this subsection, the funds for that State shall be reallocated to those States in which local government veteran service programs exist and have chosen to seek to receive a grant amount under this subsection. ``(6) Funds made available through a grant under this subsection may be used for education and training for State and local government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary and, for employees so accredited, for purposes of continuing education. ``(7) In this subsection, the term `State veterans agency' means the element of the government of a State that has responsibility for programs and activities of that State government relating to veterans benefits. ``Sec. 563. Outreach activities: funding ``(a) Amounts for the outreach activities of the Department under this subchapter shall be budgeted and appropriated through a separate appropriation account. ``(b) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in subsection (a). ``Sec. 564. Definition of outreach ``For purposes of this subchapter, the term `outreach' means the act or process of taking steps in a systematic manner to provide information, services, and benefits counseling to veterans, and the survivors of veterans, who may be eligible to receive benefits under the laws administered by the Secretary to ensure that those individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws for which they may be eligible. ``Sec. 565. Authorization of appropriations ``There are authorized to be appropriated to the Secretary for the purposes of carrying out this subchapter, including the making of grants under section 562(d) of this title, the amount of $25,000,000 for each of fiscal years 2006, 2007, and 2008.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter iv--outreach activities ``561. Outreach activities: coordination of activities within the Department. ``562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach. ``563. Outreach activities: funding. ``564. Definition of outreach. ``565. Authorization of appropriations.''.

Veterans Outreach Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to ensure that state and local outreach assistance is provided in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state veterans agencies for state and local outreach services.

To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Durable Medical Equipment Access Act of 2005''. SEC. 2. BENEFICIARY PROTECTIONS. (a) Application of Quality Standards.--Section 1847(b)(2)(B) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as follows: ``(B) Application of quality standards and receipt of advice from oversight committee.--The Secretary may not award any contracts under the competitive acquisition program under this section unless-- ``(i) the quality standards have been implemented under section 1834(a)(20); and ``(ii) the Secretary has received advice from the program oversight committee established under subsection (c).''. (b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act (42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and inserting ``shall exempt''. (c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act (42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any metropolitan statistical area with a population of less than 500,000)'' after ``rural areas''. (d) Application of Federal Advisory Committee Act (FACA) to Program Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows: ``(4) Applicability of faca.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. SMALL SUPPLIER PROTECTIONS. (a) Qualified Supplier Participation.--Section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)) is amended-- (1) in paragraph (4)(A), by striking ``The Secretary may limit'' and inserting ``Subject to paragraph (6)(D), the Secretary may limit''; and (2) in paragraph (6)(D), by adding at the end the following: ``Such appropriate steps shall include permitting suppliers that are classified as small businesses under the Small Business Act to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements.''. (b) Restoration of Due Process.--Section 1847(b)(10) of such Act (42 U.S.C. 1395w-3(b)(10)) is amended-- (1) by striking ``No administrative or judicial review'' and inserting ``Restoration of appeal rights''; and (2) by striking ``There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of'' and inserting ``Administrative and judicial review shall only be available under section 1869 (and not otherwise) of''. (c) Application of Requirement for Significant Savings.--Section 1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (3)(B), by inserting ``of at least 10 percent'' after ``significant savings''; and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(D) Requirement for significant savings.--The Secretary shall not implement a program under this section with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10 percent, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program.''. (d) Comparability Analysis.--Section 1834(a)(1) of such Act (42 U.S.C. 1395m(a)(1)) is amended-- (1) in subparagraph (F), by inserting ``subject to subparagraph (G),'' after ``2009,''; and (2) by adding at the end the following new subparagraphs: ``(G) Requirement for comparability analysis before implementation.--The Secretary may not implement subparagraph (F) with respect to the application of rates in an area that is not a competitive acquisition area under section 1847 unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. The comparability analysis shall include at least an analysis of the relative costs of providing the particular items and services in the respective metropolitan statistical areas and an assessment of whether application of the bid rate in an area that is not a competitive acquisition area would adversely impact beneficiary access to quality items and services. ``(H) Application of comparability analysis requirement to certain other part b items and services.--Subparagraph (G) shall also apply to the implementation of section 1847(a) with respect to items described in paragraph (2)(B) or (2)(C) of such section that are furnished on or after January 1, 2009.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program. Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services.

To amend part B of title XVIII of the Social Security Act to assure access to durable medical equipment under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 1999''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' shall have the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, but shall not include any benefit described in section 401(b)(1) of such Act (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean ``individual''). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien, is shown by a preponderance of the evidence to fall within the class of persons who (if present within the United States) would be deportable under section 237(a)(4)(D) of the Immigration and Nationality Act; or (B) if a citizen, is shown by a preponderance of the evidence-- (i) to have procured citizenship illegally or by concealment of a material fact or willful misrepresentation within the meaning of section 340(a) of the Immigration and Nationality Act; and (ii) to have participated in Nazi persecution within the meaning of section 212(a)(3)(E) of the Immigration and Nationality Act. SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution (within the meaning of section 2 of this Act), the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge appointed by the Attorney General under section 101(b)(4) of the Immigration and Nationality Act. (b) Procedure.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act. (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence in the hearing shall apply in the same manner in which such rules would apply in a removal proceeding before a United States immigration judge under section 240 of the Immigration and Nationality Act. (c) Hearings, Findings and Conclusions, and Order.-- (1) Findings and conclusions.--Within 60 days after the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act). (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act), the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act), the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in her discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the final order is issued. (f) Issue and Claim Preclusion.--In any administrative or judicial proceeding under this Act, the ordinary rules of issue preclusion and claim preclusion shall apply. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 1999.''.

Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit and to any governmental entity or person known to have received an application for benefits that has not been finally adjudicated. Authorizes the Attorney General to review any finding or conclusion made, or order issued and to initiate any review within 30 days. Requires any order, finding, or conclusion to be final: (1) 30 days after it is issued if the Attorney General does not initiate such a review; or (2) either upon the issuance of a decision by the Attorney General or 90 days after the order, finding, or conclusion is issued, whichever is earlier, if the Attorney General does initiate a review. Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit by filing a petition for such review no later than 30 days after the final order becomes final, or completion of any review by the Attorney General, whichever is later.

Nazi Benefits Termination Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2011'' or the ``HEATR Act of 2011''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6433. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2012, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2012, and ``(ii) the dollar amount contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for 2012 by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2012 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2011, exceeds ``(ii) the CPI fuel component for October of 2010. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If the dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2013.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6431,'' and inserting ``6431, or 6433''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Home Energy Affordability Tax Relief Act of 2011 or the HEATR Act of 2011- Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for energy costs for the taxpayer's principal residence. Limits such credit to the lesser of 33% of such costs or $500. Terminates such credit on December 31, 2012.

To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Patriot Enforcement Act of 2002''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)).'' (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.

Corporate Patriot Enforcement Act of 2002 - Amends the Internal Revenue Code by determining that acquiring corporations in"corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.

To amend the Internal Revenue Code of 1986 to prevent corporations from avoiding the United States income tax by reincorporating in a foreign country.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. Congress finds that-- (1) aircraft landing strips-- (A) serve an essential safety role as emergency landing areas; (B) provide access to people who would otherwise be physically unable to enjoy national parks, national forests, wilderness areas, and other Federal land; (C) support State economies by providing efficient access for visitors seeking recreational activities; and (D) serve an essential role in search and rescue, forest and ecological management, research, wildlife management, aerial mapping, firefighting, and disaster relief; and (2) the Secretary of the Interior and the Secretary of Agriculture should-- (A) adopt a nationwide policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Secretaries; and (B) require regional managers to comply with the policy adopted under subparagraph (A). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Aircraft landing strip.--The term ``aircraft landing strip'' means an established aircraft landing strip located on Federal land under the administrative jurisdiction of the Secretary that is commonly known, and has been or is consistently used, for aircraft landing and departure activities. (3) Permanently close.--The term ``permanently close'' means any closure, the duration of which is more than 90 days in any calendar year. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and (B) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture. SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN AIRCRAFT LANDING STRIPS. (a) In General.--The Secretary shall not take any action that would permanently close, restrict, or render or declare as unserviceable any aircraft landing strip unless-- (1) the head of the aviation department of each State in which the aircraft landing strip is located approves the action; (2) the Secretary publishes in the Federal Register notice of the proposed action, including notice that the action would permanently close, restrict, or render or declare as unserviceable the aircraft landing strip; (3) the Secretary provides for a 90-day public comment period beginning on the date of publication of the notice under paragraph (2); and (4) the Secretary and the head of the aviation department of each State in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period under paragraph (3). (b) Policies.-- (1) Backcountry aviation policies.--Not later than 2 years after the date of enactment of this Act, the Secretaries shall-- (A) adopt a nationwide policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Secretaries; and (B) require regional managers to adhere to the policy adopted under subparagraph (A). (2) Requirements.--Any policy affecting air access to an aircraft landing strip, including the policy adopted under paragraph (1), shall not take effect unless the policy-- (A) states that the Administrator has the sole authority to control aviation and airspace over the United States; and (B) seeks and considers comments from State governments and the public. (c) Maintenance of Airstrips.-- (1) In general.--To ensure that aircraft landing strips are maintained in a manner that is consistent with the resource values of any adjacent area, the Secretary shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip is located; and (B) any other interested parties. (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips. (d) Exchanges or Acquisitions.--There shall not be as a condition of any Federal acquisition of, or exchange involving, private property on which a landing strip is located-- (1) the closure or purposeful neglect of the landing strip; or (2) any other action that would restrict use or render any landing strip unserviceable. (e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to any action, policy, exchange, or acquisition, respectively, that is not final on the date of enactment of this Act. (f) Effect on Federal Aviation Administration Authority.--Nothing in this Act affects the authority of the Administrator over aviation or airspace.

Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the head of the aviation department of the state in which the landing strip is located approves the action; (2) the Secretary publishes notice of the proposed action and allows for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received. Requires the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues relating to the management of federal land under their jurisdiction; and (2) require regional managers to adhere to such policy.

To ensure general aviation aircraft access to Federal land and to the airspace over Federal land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 2005''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes The applicable eligible for such benefits in: percentage is: 1979................................................... 55 1980................................................... 45 1981................................................... 35 1982................................................... 32 1983................................................... 25 1984................................................... 20 1985................................................... 16 1986................................................... 10 1987................................................... 3 1988................................................... 5. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 2005, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 2006 not later than July 1, 2006, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 2005, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 2006 not later than July 1, 2006, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 2006. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 2006, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act.

Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989. Provides for an election to receive such payments in a lump sum.

To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Infrastructure Improvement and Inner City Job Creation Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. The Secretary of Labor (in this Act referred to as the ``Secretary'') shall provide grants to eligible administrative entities described in section 3(a) for the purpose of establishing and carrying out programs that provide employment opportunities to unemployed individuals through payments for labor and related costs associated with the repair and renovation of essential community facilities. SEC. 3. ELIGIBLE ADMINISTRATIVE ENTITIES. (a) In General.--An administrative entity shall be eligible to receive a grant under section 2 if the entity is-- (1) a private industry council (described under section 102 of the Job Training Partnership Act (29 U.S.C. 1512)), (2) a unit of general local government, (3) a nonprofit private organization, or (4) in the case of a grant involving a Native American Indian tribe or Alaska Native Village, a grantee designated under subsection (c) or (d) of section 401 of the Job Training Partnership Act, or a consortium of such grantees and the State, that serves 1 or more eligible jurisdictions described under subsection (b). (b) Eligible Jurisdiction.--An eligible jurisdiction described under this subsection is an area which has a poverty rate in excess of 30 percent and which is-- (1) a unit of general local government which has a population of 50,000 or more individuals; or (2) a Native American Indian tribe, band, or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group as defined in the Alaska Native Claims Settlement Act, having a governing body. (c) Priority.--In selecting administrative entities described in subsection (a) to receive a grant under section 2, priority shall be given to administrative entities that give assurances to the Secretary in the application submitted under section 4 that such entities will give priority to individuals who are low-skilled workers in selecting individuals to participate in programs established and carried out by such entities under section 5(a). SEC. 4. APPLICATION. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity submits to the Secretary an application in such form and containing such information as the Secretary may require. SEC. 5. USE OF AMOUNTS. (a) In General.--Except as provided in subsection (b), the Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will use all amounts received from such grant to establish and carry out a program to provide wages and related employment benefits to eligible individuals described in subsections (a) and (b) of section 6 for the purpose of employing such individuals to repair and renovate essential community facilities that are located within the eligible jurisdiction that the entity serves, including-- (1) painting bridges; (2) repairing and renovating public buildings and other community facilities, including public libraries; (3) repairing and renovating public housing units; (4) repairing water systems and water development projects; (5) erecting or replacing traffic control signs and removing road sign obstructions; (6) replacing school crossing, intersection, and other road surface markings; (7) repairing roads and streets; (8) repairing and renovating parks and playgrounds; (9) installing and repairing drainage pipes and catch basins in areas subject to flooding; (10) installing graded ramps for individuals with disabilities; and (11) weatherizing community facilities and carrying out other energy conservation activities. (b) Administrative Costs.--Not more than 25 percent of amounts received from a grant under section 2 for any fiscal year may be used for the cost of administration and the acquisition of supplies, tools, and other equipment. SEC. 6. ELIGIBLE INDIVIDUALS. (a) In General.--An individual shall be eligible to participate in a program described in section 5(a) only if the individual-- (1) is an unemployed individual at the time of enrollment in such program; (2) has been unemployed, at a minimum, for the duration of the 15-week period immediately preceding the date of such enrollment; and (3) has made a good-faith attempt to obtain employment during such 15-week period. (b) Additional Requirement for Secondary School-Age Individuals.-- (1) In general.--In addition to meeting the requirements described in subsection (a), a secondary school-age individual shall be eligible to participate in a program described in section 5(a) only if the individual has not attended a secondary school for any part of the 6-month period immediately preceding the date of enrollment in such program. (2) Secondary school-age individual defined.--For purposes of paragraph (1), the term ``secondary school-age individual'' means an individual who has attained the age of 16 but has not attained the age of 20. (c) Priority.--In selecting individuals described in subsections (a) and (b) to participate in a program described in section 5(a), priority shall be given to the individuals who, at the time of selection to the program, have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly those individuals who have been unemployed for the longest periods of time preceding the date of their selection to the program. SEC. 7. NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any program described in section 5(a) because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. SEC. 8. LABOR STANDARDS. The labor standards described under section 143 of the Job Training Partnership Act (29 U.S.C. 1553) shall apply for purposes of a program established under section 5(a). SEC. 9. MAINTENANCE OF EXPENDITURES. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will maintain its aggregate expenditures from all other sources for employing individuals to repair and renovate essential community facilities at or above the average level of such expenditures in the 2 fiscal years preceding the date on which the entity submits an application under section 4 to the Secretary. SEC. 10. REPORT. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will submit, for any fiscal year in which the entity receives a grant under such section, a report to the Secretary describing the use of such grant and any other information the Secretary determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out section 2 $5,000,000,000 for fiscal year 1994 and such sums as may be necessary for each succeeding fiscal year. (b) Availability.--Funds authorized to be appropriated under subsection (a) shall remain available until expended.

Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Gives grant priority to administratve entities that assure giving priority to low-skilled workers as program participants. Requires that eligible participants have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods. Authorizes appropriations.

Neighborhood Infrastructure Improvement and Inner City Job Creation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 1999''. SEC. 2. CHILD SAFETY LOCKS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means a device or locking mechanism-- ``(A) that-- ``(i) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; ``(ii) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or ``(iii) is a safe, gun safe, gun case, lock box, or other device that is designed to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means; and ``(B) that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred.''. (b) Unlawful Acts.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices.-- ``(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun. ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a firearm; or ``(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a firearm for law enforcement purposes (whether on or off duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for purposes of law enforcement (whether on or off duty).''. (2) Effective date.--Section 922(y) of title 18, United States Code, as added by this subsection, shall take effect 180 days after the date of enactment of this Act. (c) Liability; Evidence.-- (1) Liability.--Nothing in this section shall be construed to-- (A) create a cause of action against any firearms dealer or any other person for any civil liability; or (B) establish any standard of care. (2) Evidence.--Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this section. (3) Rule of construction.--Nothing in this subsection shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(y) of that title. (d) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(y)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.''.

Child Safety Lock Act of 1999 - Amends the Brady Handgun Violence Prevention Act to define (firearm) "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities. Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care. Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act. Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.

Child Safety Lock Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging and Energizing America's Apprenticeship Programs Act'' or the ``LEAP Act''. SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each apprentice of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year. ``(b) Applicable Credit Amount.--For purposes of subsection (a), the applicable credit amount for each apprentice for each taxable year is equal to-- ``(1) in the case of an apprentice who has not attained 25 years of age at the close of the taxable year, $1,500, or ``(2) in the case of an apprentice who has attained 25 years of age at the close of the taxable year, $1,000. ``(c) Limitation on Number of Years Which Credit May Be Taken Into Account.--The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprentice. ``(d) Apprentice.--For purposes of this section, the term `apprentice' means any employee who is employed by the employer-- ``(1) in an officially recognized apprenticeable occupation, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, and ``(2) pursuant to an apprentice agreement registered with-- ``(A) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or ``(B) a recognized State apprenticeship agency, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. ``(e) Applicable Apprenticeship Level.-- ``(1) In general.--For purposes of this section, the applicable apprenticeship level shall be equal to-- ``(A) in the case of any apprentice described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprentices of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number; and ``(B) in the case of any apprentices described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprentices of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number. ``(2) First year of new apprenticeship programs.--In the case of an employer which did not have any apprentices during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero. ``(f) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(g) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprentice who has not attained age 25 at the close of the taxable year or $1,000 for an apprentice who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprentice. Defines "apprentice" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency.

LEAP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Major Regulation Cost Review Act of 2004''. SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES. (a) Requirement.--Chapter 6 of title 5, United States Code, is amended by inserting after section 610 the following new section: ``Sec. 610a. Periodic review of major rules ``(a) Requirement for Review of Major Rules.--Not later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2004, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. ``(b) Purpose of Review.--The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes. ``(c) Review Within Five Years.--The plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2004 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. ``(d) Factors to Consider.--In reviewing major rules in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors: ``(1) The continued need for the rule. ``(2) The nature of complaints or comments received concerning the rule from the public. ``(3) The complexity of the rule. ``(4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. ``(5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. ``(e) Cost-Benefit Analysis.--The review shall include a cost- benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A-4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and consideration of a range of less costly regulatory alternatives. ``(f) Publication of List of Rules to Be Reviewed.--Each year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget under paragraph (4) of section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as added by section 3 of the Major Regulation Cost Review Act of 2004). The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. ``(g) Major Rule Defined.--In this section, the term `major rule' has the meaning provided by section 804 of this title.''. (b) Clerical Amendment.--The table of sections for chapter 6 of title 5, United States Code, is amended by inserting after the item relating to section 610 the following new item: ``610a. Periodic review of major rules.''. SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT. (a) Requirement to Include List of Rules to Be Reviewed in Annual Accounting Statement.--Section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) a list of the major rules which are to be reviewed by each agency, during the year following the year in which the statement and report are submitted, pursuant to section 610a of title 5, United States Code.''. (b) Requirement to Use Agency Cost-Benefit Estimates in Annual Accounting Statement.--Section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out subsection (a), the Director of the Office of Manage

Major Regulation Cost Review Act of 2004 - Amends Federal civil service law to require each Federal agency to publish in the Federal Register a plan, which may be amended at any time by publishing a revision, for the periodic review of all the major rules issued by the agency. Requires that the plan provide for review within five years after publication as a final rule, with a five year extension permitted. Directs the agency, in reviewing major rules, to consider: (1) the continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Requires that: (1) the review include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives; and (2) each year each agency publish a list of the major rules which are to be reviewed and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget. Makes conforming changes to the Treasury and General Government Appropriations Act, 2001.

To require agencies to review all major rules within 10 years after issuance, including a cost-benefit analysis using a standard government-wide methodology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 1999''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Causing death of or bodily injury to unborn child. ``Sec. 1841. Causing death of or bodily injury to unborn child ``(a)(1) Any person who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of this title) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided for that conduct under Federal law had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under section 1111, 1112, or 1113 of this title, as applicable, for intentionally killing or attempting to kill a human being, instead of the penalties that would otherwise apply under subparagraph (A). ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1), 844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Subsection (a) does not permit prosecution-- ``(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; ``(2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section-- ``(1) the terms `child in utero' and `child, who is in utero' mean a member of the species homo sapiens, at any stage of development, who is carried in the womb; and ``(2) the term `unborn child' means a child in utero.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following: ``90A. Causing death of or bodily injury to unborn child.... 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following: ``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn child ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment for that conduct under this chapter had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under section 918, 919, or 880 of this title (article 118, 119, or 80), as applicable, for intentionally killing or attempting to kill a human being, instead of the penalties that would otherwise apply under subparagraph (A). ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Subsection (a) does not permit prosecution-- ``(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; ``(2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section-- ``(1) the terms `child in utero' and `child, who is in utero' mean a member of the species homo sapiens, at any stage of development, who is carried in the womb; and ``(2) the term `unborn child' means a child in utero.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following: ``919a. 119a. Causing death of or bodily injury to unborn child.''.

Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being. Bars prosecution under this Act: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.

Unborn Victims of Violence Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcast Ownership for the 21st Century Act''. SEC. 2. CROSS-OWNERSHIP LIMITATIONS. (a) Rule Changes Required.--The Federal Communications Commission shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555) by eliminating any provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party (including parties under common control) on the basis of the ownership, operation, or control by such party of a daily newspaper. (b) Cable Cross-Ownership Limitations.--Section 613(c) of the Communications Act of 1934 (47 U.S.C. 533(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding paragraph (1), the Commission may not prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcasting station and a cable system serving the same community.''. (c) Dual-Network Rules.--The Federal Communications Commission shall revise section 73.658(g) of its regulations (47 C.F.R. 73.658(g)) to permit a television broadcast station to affiliate with-- (1) a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, offered an interconnected program service on a regular basis for 15 hours or more per week to at least 25 affiliated television licensees in 10 or more States; or (2) any person or entity controlling, controlled by, or under common control with such a person or entity described in paragraph (1). (d) Deadline for Actions.--The Federal Communications Commission shall complete all actions necessary to complete the modifications required by this section within 90 days after the date of enactment of this Act. SEC. 3. TELEVISION MULTIPLE OWNERSHIP. Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end the following new subsection: ``(f) National Audience Reach Calculation.--In calculating the national audience reach limitations for television stations under the Commission's regulations, UHF television stations shall be attributed with no more than 50 percent of the television households in their market.''. SEC. 4. LIMITATION ON FEDERAL COMMUNICATIONS COMMISSION AUTHORITY. (a) Amendment.--Section 202(c)(1)(B) of the Telecommunications Act of 1996 is amended by striking ``35 percent'' and inserting ``45 percent''. (b) Deadline for Implementation.--The Federal Communications Commission shall amend its regulations to implement the amendment made by subsection (a) within 90 days after the date of enactment of this Act. In amending such regulations, the Commission shall not revise section 73.3555(e)(2)(i) of its regulations (47 C.F.R. 73.3555(e)(2)(i)). SEC. 5. RECIPROCAL TREATMENT OF FOREIGN OWNERSHIP RESTRICTIONS. Subsection (b) of section 310 of the Communications Act of 1934 (47 U.S.C. 310(b)) is amended to read as follows: ``(b) Foreign Ownership Limitations.-- ``(1) In general.--No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by-- ``(A) any alien or the representative of any alien; ``(B) any corporation organized under the laws of any foreign country; ``(C) any corporation of which more than one-fifth of any class of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; ``(D) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of any class of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. ``(2) Reciprocal treatment for broadcast stations.--In the case of a broadcast station license, if the foreign country or foreign government referred to in subparagraph (C) or (D) of paragraph of (1) regularly permits broadcast station licenses to be granted to or held by-- ``(A) any corporation of which more than one-fifth of the capital stock is owned of record or voted by one or more United States persons; ``(B) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by one or more United States persons; then the Commission shall apply such subparagraphs (C) and (D) by permitting an alien, corporation, government, or representative from such foreign country to own a portion of the class of the capital stock of the corporation seeking or holding the broadcast station license equal to the portion of the corresponding class of the capital stock of a corporation holding a broadcast station license in such foreign country that are permitted by such foreign country or foreign government to be held by an individual citizen, corporation, government, or representative from the United States, except that the Commission shall not be required by this paragraph to permit a portion of such capital stock ownership representing voting stock higher than 40 percent. ``(3) Definition of united states persons.--For purposes of paragraph (2), the term `United States person' means-- ``(A) any corporation organized under the laws of a State; ``(B) an individual who is a citizen of the United States; ``(C) a government of the United States or any State; or ``(D) a representative of any of the individuals or entities described in subparagraphs (A) through (C) of this paragraph.''.

Provides that, in calculating the national audience reach limitations, UHF stations shall be attributed with no more than 50 percent of the TV households in their market. Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person. Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity.

Broadcast Ownership for the 21st Century Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Cadastre.--The term ``cadastre'' means an inventory of real property of the Federal Government developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related to the data, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature including the following data layers: (A) A reference frame consisting of a current geodetic network. (B) A series of current, accurate large-scale maps. (C) An existing cadastral boundary overlay delineating all cadastral parcels. (D) A system for indexing and identifying each cadastral parcel. (E) A series of land data files, each including the parcel identifier, that-- (i) can be used to retrieve information and cross-reference between and among other data files; (ii) contain information about the use, assets, and infrastructure of each parcel; and (iii) designate any parcels that the Secretary determines can be better managed through ownership by a non-Federal entity, including a State, local, or tribal government, nonprofit organization, or the private sector. (2) Real property.--The term ``real property'' means land, buildings, crops, forests, and other resources attached to or within the land or improvements or fixtures permanently attached to the land or a structure on the property, including any interest, benefit, right, or privilege in the property. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop and maintain a current and accurate multipurpose cadastre of Federal real property to support Federal land management activities, including-- (1) resource development and conservation; (2) agricultural use; (3) active forest management; (4) environmental protection; and (5) use of real property. (b) Cost-Sharing Agreements.-- (1) In general.--The Secretary may enter into cost-sharing agreements with States to include any non-Federal land in a State in the cadastre. (2) Cost share.--The Federal share of any cost agreement described in paragraph (1) shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal land in the State. (c) Consolidation and Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on-- (1)(A) the real property inventories or any components of any cadastre that-- (i) exist as of the date of enactment of this Act; and (ii) are authorized by law or conducted by the Secretary; (B) the statutory authorization for each inventory or component; and (C) the amount expended by the Federal Government for the inventory or component for fiscal year 2015; (2) the inventories and components described in paragraph (1)(A) that will be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the inventories and components described in paragraph (1)(A) that will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act, with a justification for not terminating or consolidating the inventories and components in the multipurpose cadastre authorized by this Act; (4) the use of real property inventories or any components of any cadastre that-- (A) exist as of the date of enactment of this Act; (B) are conducted by any unit of a State or local government; and (C) can be used to identify Federal real property within the unit; (5) the cost-savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components described in paragraph (1)(A) that will become part of the multipurpose cadastre authorized by this Act; (6) in consultation with the Director of the Office of Management and Budget, the Administrator of General Services, and the Comptroller General of the United States, all cadastres and inventories authorized, operated, or maintained by all other executive agencies of the Federal Government, including each of the components of the assessment described in paragraphs (1) through (5); and (7) recommendations for any legislation necessary to increase the cost-savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre described in paragraph (1)(A). (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) participate (in accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-347)) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre for all users of the information; (B) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to coordinating geographic data acquisition and access: the National Spatial Data Infrastructure) for the implementation of and compliance with such standards as may be applicable to the cadastre; (C) make the cadastre interoperable with the Federal Real Property Profile established pursuant to Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); (D) integrate with and leverage, to the maximum extent practicable, cadastre activities of units of State and local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Contracts entered into under paragraph (1)(E) shall be considered surveying and mapping services as such term is used and as such contracts are awarded in accordance with the selection procedures described in chapter 11 of title 40, United States Code. SEC. 4. TRANSPARENCY AND PUBLIC ACCESS. The Secretary shall-- (1) make the cadastre required under this Act publically available on the Internet in a graphically geoenabled and searchable format; (2) ensure that the inventory required under section 3 includes the identification of all land and parcels suitable for disposal by resource management plans under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of the identity of any 1 or more parcels of land, and buildings or facilities on the parcels, or information related to the parcels, if the disclosure would impair or jeopardize the national security or homeland defense of the United States. SEC. 5. RIGHT OF ACTION. Nothing in this Act creates any substantive or procedural right or benefit.

Federal Land Asset Inventory Reform Act of 2015 Directs the Department of the Interior to develop and maintain a current, accurate multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management activities, including resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. Authorizes Interior to enter into cost-sharing agreements with states to include any nonfederal land in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the nonfederal land in the state. Requires Interior to submit a report, covering all cadastres and inventories authorized, operated, or maintained by all executive agencies, on: (1) existing real property inventories or any components of any cadastre, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, and (5) recommendations for legislation. Requires Interior to: (1) make the cadastre required under this Act available on the Internet in a graphically geoenabled and searchable format; (2) ensure that the inventory required under this Act includes the identification of all lands and parcels suitable for disposal by resource management plans conducted under the Federal Land Policy and Management Act of 1976; and (3) prevent the disclosure of the identity of any one or more parcels of land, buildings or facilities on the parcels or information related to those parcels, if this would impair or jeopardize national security or homeland defense.

Federal Land Asset Inventory Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Nutrition's Role in Curricula and Healthcare Act'' or the ``ENRICH Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2012, United States health care spending was about $8,915 per resident and accounted for 17.2 percent of the Nation's gross domestic product, which is among the highest of all industrialized countries. (2) Expenditures in the United States on health care surpassed $2.3 trillion in 2008, more than three times the $714 billion spent in 1990, and over eight times the $253 billion spent in 1980. (3) It is estimated that health care costs for chronic disease treatment account for over 75 percent of national health expenditures. (4) The last major report from the World Health Organization in March 2003 concluded diet was a major factor in the cause of chronic diseases. (5) Seven out of 10 deaths among Americans each year are from chronic diseases. Heart disease, cancer, and stroke--each of which has been strongly linked to dietary and lifestyle choices--account for more than 50 percent of all deaths each year. (6) About 81.1 million people in the United States have at least one form of cardiovascular disease. Approximately 2,300 Americans die every day from cardiovascular disease. In 2010, cardiovascular disease cost American taxpayers $189.4 billion. The American Heart Association estimates that, by 2030, direct costs related to cardiovascular disease will triple to around $818 billion. Research has shown that following a healthful diet can not only reduce symptoms related to heart disease but also reverse the damage done to the arteries. (7) Two-thirds of the American population is currently overweight, half of whom are obese. One in three children is now overweight, and one-fifth of children are obese. In 2008, the United States spent $190 billion on obesity-related health care costs. (8) An estimated 25.8 million Americans have diabetes. Another 79 million adults have prediabetes. The Centers for Disease Control and Prevention predict that one in three children born in 2000 will develop diabetes at some point in their lives. Diabetes cost the government $116 billion in 2007. Research has shown that nutrition therapy is a key component of diabetes management and can improve clinical outcomes. (9) Cancer kills approximately 570,000 Americans each year, accounting for one in every four deaths. More than 1.5 million new cancer cases are diagnosed annually. In 2010, the direct costs of cancer were $102.8 billion and that number is expected to rise to $172 billion by 2020. More than 33 percent of cancers are diet related and could be prevented with a healthful diet. (10) Eating is a complex social phenomenon influenced by family, social networks, culture, socioeconomic and educational status. An interprofessional approach to nutrition education for clinicians may not necessarily overcome these forces but may help the health professions team identify effective strategies for nutrition counseling and management. (11) Physicians are an important source of information and motivation for patients' health behavior. Multiple studies have shown that physician counseling on weight loss increases the likelihood that patients will attempt weight loss, increase physical activity, improve diet, and lose weight. (12) Leading medical bodies recommend that physicians address diet with overweight patients. Guidelines from leading medical bodies such as the National Institutes of Health, the American Heart Association, the American College of Cardiology, and the Obesity Society recommend that physicians counsel overweight and obese patients on the benefits of lifestyle changes through lifestyle changes such as diet and physical activity. SEC. 3. GRANTS PROGRAM TO DEVELOP OR ENHANCE INTEGRATED NUTRITION CURRICULA IN MEDICAL SCHOOLS. (a) In General.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and in conjunction with the National Institutes of Health National Heart, Lung, and Blood Institute, shall establish a competitive grants program under which the Secretary may award grants to medical schools in the United States for the purpose described in subsection (b)(1). (b) Use of Grant Funds.-- (1) In general.--A medical school receiving a grant under this section shall use the grant to create new or expand existing integrated nutrition curriculum described in paragraph (2) for the medical school. (2) Integrated nutrition curriculum.--For purposes of paragraph (1), an integrated nutrition curriculum-- (A) shall be designed based on the best possible evidence to improve communication and provider preparedness in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer; and (B) shall, to the greatest extent practicable, address such additional topics, including nutrition across the life cycle of individuals who are members of at-risk populations, food insecurity among such individuals, and malnutrition among such individuals. (c) Eligibility.--To be eligible to receive a grant under this section, an eligible entity shall-- (1) be a medical school in the United States that is accredited by the Liaison Committee on Medical Education and Residency Program Accreditation Council for Graduate Education or by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (2) submit an application to the Secretary, in accordance with such time, form, and manner and containing such information as specified by the Secretary, including-- (A) a description of how the medical school intends to implement the integrated nutrition curriculum described in subsection (b)(2); and (B) a description of benchmarks to measure the success of the implementation of such curriculum. (d) Administrative Provisions.-- (1) Duration of program.--A grant awarded to a medical school under this section shall be for a three-year period, beginning on the date of the establishment of the grants program under subsection (a). (2) Limitations.-- (A) Grant amounts.--A grant awarded to a medical school under this section may not exceed $500,000. (B) One grant per school.--A medical school shall not be eligible for more than one grant under this section and may not renew such a grant. (3) Priority.--In awarding grants, the Secretary shall give priority to medical schools-- (A) that submit applications under subsection (c)(1) that describe an integrated nutrition curriculum that will be implemented through the use of such a grant-- (i) that is coordinated with a residency program; or (ii) provides that students of such school should receive at least 25 hours of nutrition education; or (B) that, for purposes of carrying out such curriculum through the use of such a grant, partner with education programs for health professionals other than physicians. (e) Reports.-- (1) Periodic reports during grants program.-- (A) In general.--For each school year ending during the duration of the grants program under this section, the Secretary shall submit to Congress a report on the grants program. (B) Report elements.--Each such report shall include-- (i) the findings and conclusions of the Secretary with respect to the integration of nutrition curriculum into the curriculum of the medical schools receiving a grant under the grants program; and (ii) an assessment of the benefits of the grants program for-- (I) establishing best practices for providers to advise patients in the clinical setting; (II) providing greater nutrition awareness to physicians and other health professionals and patients of such physicians and professionals; and (III) improving healthfulness of patients' diets and improving patient health outcomes. (2) Final report.--Not later than 180 days after the last day of the grants program under this section, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to any benefits or barriers of integrating nutrition curriculum at both the medical school and residency levels. (f) Funding.--No additional funds are authorized to carry out the requirements of this section. The Secretary shall carry out such requirements by using, from amounts otherwise authorized or appropriated, up to $5,000,000 for each of fiscal years 2015 through 2017.

Expanding Nutrition's Role in Curricula and Healthcare Act or the ENRICH Act - Requires the Secretary of Health and Human Services (HHS) to establish a program of three-year competitive grants to accredited medical schools for the development or expansion of an integrated nutrition curriculum. Describes such a curriculum as one that: (1) is based on best possible evidence to improve communication and provider preparedness in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer; and (2) addresses such topics as nutrition across the life cycle of members of at-risk populations and food insecurity and malnutrition among such individuals.

ENRICH Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Panhandle National Forest Improvement Act of 2004''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any or all right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) Granite/Reeder Bay, Priest Lake Parcel, T61N, R4E, Boise Principal Meridian, section 17, S\1/2\NE\1/4\ (80 acres, more or less). (2) North South Ski area, T43N, R3W, Boise Principal Meridian, section 13, SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/4\, NE\1/ 4\SW\1/4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or less). (3) Shoshone work camp (including easements for utilities), T50N, R4E, Boise Principal Meridian, section 5, a portion of the S\1/2\SE\1/4\ (19 acres, more or less). (b) Descriptions.--The Secretary may modify the descriptions in subsection (a) to correct errors or to make minor adjustments to the parcels in order to facilitate the conveyance of the parcels. (c) Consideration.--Consideration for a sale or exchange of land under subsection (a)-- (1) shall be equal to the fair market value of the land; and (2) may include cash or improved or unimproved land. (d) Applicable Law.--Except as otherwise provided in this Act, any sale or exchange of National Forest System land under subsection (a) shall be subject to the laws applicable to the conveyance and acquisition of land for the National Forest System. (e) Valuation.--The market value of the land and the improvements to be sold or exchanged under this Act shall be determined by an appraisal that is acceptable to the Secretary and conforms with the Uniform Appraisal Standards for Federal Land Acquisitions. (f) Cash Equalization.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of land exchanged under subsection (a). (g) Solicitations of Offers.-- (1) In general.--The Secretary may solicit offers for the sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (h) Methods of Sale.--The Secretary may sell land under subsection (a) at public or private sale (including at auction), in accordance with any terms, conditions, and procedures that the Secretary determines to be in the best interests of the United States. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or the cash equalization proceeds, if any, from an exchange under section 3(a) in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Use of Proceeds.--Amounts deposited under subsection (a) shall be available to the Secretary, without further appropriation-- (1) for the acquisition of, construction of, or rehabilitation of existing facilities for, a new ranger station in the Silver Valley portion of the Panhandle National Forest; or (2) to the extent that the amount of funds deposited exceeds the amount needed for the purpose described in paragraph (1), for the acquisition, construction, or rehabilitation of other facilities in the Panhandle National Forest. (c) Nondistribution of Proceeds.--Proceeds from the sale or exchange of land under this Act shall not be paid or distributed to States or counties under any provision of law, or otherwise treated as money received from a national forest, for purposes of-- (1) the Act of May 23, 1908 (16 U.S.C. 500); (2) section 13 of the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 500); or (3) the Act of March 4, 1913 (16 U.S.C. 501). SEC. 5. ADMINISTRATION. (a) In General.--Land transferred to or otherwise acquired by the Secretary under this Act shall be managed in accordance with-- (1) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 480 et seq.); and (2) other laws relating to the National Forest System. (b) Exemption From Property Management Regulations.--Part 1955 of title 7, Code of Federal Regulations (or any successor regulation), shall not apply to any actions taken under this Act. (c) Withdrawals and Revocations.-- (1) Withdrawal.--Subject to valid existing rights, all land described in section 3(a) is withdrawn from-- (A) location, entry, and patent under the mining laws; and (B) the operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Revocation of public land orders.--As of the date of this Act, any public land order withdrawing land described in section 3(a) from all forms of appropriation under the public land laws is revoked with respect to any portion of the land conveyed by the Secretary under this section. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Idaho Panhandle National Forest Improvement Act of 2004 - Authorizes the Secretary of Agriculture to convey certain National Forest System parcels in Idaho and use the proceeds for acquisition, construction, or rehabilitation of: (1) a new ranger station in the Silver Valley portion of the Idaho Panhandle National Forest; or (2) other facilities in such Forest, to the extent that funds exceed amounts necessary for the ranger station. Authorizes appropriations.

A bill to authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enron Employee Pension Recovery Act of 2002''. SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF. (a) Proceeds of Enron and Andersen Enforcement Actions.--If in any administrative or judicial proceeding brought by the Securities and Exchange Commission against-- (1) the Enron Corporation, any subsidiary or affiliate of such Corporation, or any officer, director, or principal shareholder of such Corporation, subsidiary, or affiliate for any violation of the securities laws; or (2) Arthur Andersen L.L.C., any subsidiary or affiliate of Arthur Andersen L.L.C., or any general or limited partner of Arthur Andersen L.L.C., or such subsidiary or affiliate, for any violation of the securities laws with respect to any services performed for or in relation to the Enron Corporation, any subsidiary or affiliate of such Corporation, or any officer, director, or principal shareholder of such Corporation, subsidiary, or affiliate; the Commission obtains an order providing for an accounting and disgorgement of funds, such disgorgement fund (including any addition to such fund required or permitted under this section) shall be allocated in accordance with the requirements of this section. (b) Priority for Former Enron Employees.--The Commission shall, by order, establish an allocation system for the disgorgement fund. Such system shall provide that, in allocating the disgorgement fund amount the victims of the securities laws violations described in subsection (a), the first priority shall be given to individuals who were employed by the Enron Corporation, or a subsidiary or affiliate of such Corporation, and who were participants in an individual account plan established by such Corporation, subsidiary, or affiliate. Such allocations among such individuals shall be in proportion to the extent to which the nonforfeitable accrued benefit of each such individual under the plan was invested in the securities of such Corporation, subsidiary, or affiliate. (c) Addition of Civil Penalties.--If, in any proceeding described in subsection (a), the Commission assesses and collects any civil penalty, the Commission shall, notwithstanding sections 21(d)(3)(C)(i), 21A(d)(1), or any other provision of the securities laws, be payable to the disgorgement fund. (d) Acceptance of Federal Campaign Contributions.-- (1) In general.--Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting before ``or may be used'' the following: ``may be transferred to any disgorgement fund which is required to be allocated in accordance with the requirements of the Enron Employee Pension Recovery Act of 2002,''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to any amounts received by a candidate at any time before, on, or after the date of the enactment of this Act. (e) Acceptance of Additional Donations.--The Commission is authorized to accept, hold, administer, and utilize gifts, bequests and devises of property, both real and personal, to the United States for the disgorgement fund. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the disgorgement fund and shall be available for allocation in accordance with subsection (b). (f) Definitions.--As used in this section: (1) Commission.--The term ``Commission'' means the Securities Exchange Commission. (2) Securities laws.--The term ``securities laws'' means the Securities Act of 1933 (15 U.S.C. 78a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), and the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.). (3) Disgorgement fund.--The term ``disgorgement fund'' means a disgorgement fund established in any administrative or judicial proceeding described in subsection (a). (4) Subsidiary or affiliate.--The term ``subsidiary or affiliate'' when used in relation to a person means any entity that controls, is controlled by, or is under common control with such person. (5) Officer, director, or principal shareholder.--The term ``officer, director, or principal shareholder'' when used in relation to the Enron Corporation, or any subsidiary or affiliate of such Corporation, means any person that is subject to the requirements of section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) in relation to the Enron Corporation, or any subsidiary or affiliate of such Corporation. (6) Nonforfeitable; accrued benefit; individual account plan.--The terms ``nonforfeitable'', ``accrued benefit'', and ``individual account plan'' have the meanings provided such terms, respectively, in paragraphs (19), (23), and (34) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(19), (23), (34)).

Enron Employee Pension Recovery Act of 2002 - Sets forth a priority allocation scheme requiring the Securities and Exchange Commission (SEC) to distribute to former Enron, subsidiary, or affiliate employees the proceeds from any administrative or judicial order brought for securities violations against the Enron Corporation or Arthur Andersen L.L.C., or any of their subsidiaries, affiliates, officers, directors, or principal shareholders for an accounting or disgorgement of funds (including any civil penalty assessments).Amends the Federal Election Campaign Act of 1971 to authorize the transfer of Federal campaign contributions to such disgorgement fund.Authorizes the SEC to accept donations to the United States for such fund.

To permit certain funds assessed for securities laws violations to be used to compensate employees who are victims of excessive pension fund investments in the securities of their employers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fracturing Regulations are Effective in State Hands Act''. SEC. 2. FINDINGS. Congress finds that-- (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled ``State Oil and Natural Gas Regulations Designed to Protect Water Resources'' and dated May 2009 finding that the ``current State regulation of oil and gas activities is environmentally proactive and preventive''; (3) that report also concluded that ``[a]ll oil and gas producing States have regulations which are designed to provide protection for water resources''; (4) a 2004 study by the Environmental Protection Agency, entitled ``Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs'', found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation; (5) a 2009 report by the Ground Water Protection Council, entitled ``State Oil and Natural Gas Regulations Designed to Protect Water Resources'', found a ``lack of evidence'' that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water; (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated ``The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing.''; (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was ``not aware of any proven case where the fracking process itself has affected water''; (8) in 2011, Bureau of Land Management Director Bob Abbey stated, ``We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology.''; (9)(A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of-- (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled ``Fact-Based Regulation for Environmental Protection in Shale Gas Development'', found that ``[n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations''. SEC. 3. DEFINITION OF FEDERAL LAND. In this Act, the term ``Federal land'' means-- (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. SEC. 4. STATE AUTHORITY. (a) In General.--A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal Land.--The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, gas, or geothermal production activities on or under land within the boundaries of that state. Subjects such a well treatment on federal land to state law as well.

Fracturing Regulations are Effective in State Hands Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Art and Collectibles Capital Gains Tax Treatment Parity Act''. SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by striking paragraphs (5) and (6) and inserting the following new paragraph: ``(5) 28-percent rate gain.--For purposes of this subsection, the term `28-percent rate gain' means the excess (if any) of-- ``(A) section 1202 gain, over ``(B) the sum of-- ``(i) the net short-term capital loss, and ``(ii) the amount of long-term capital loss carried under section 1212(b)(1)(B) to the taxable year.''. (b) Conforming Amendments.-- (1) Section 1(h)(9) of the Internal Revenue Code of 1986 is amended by striking ``collectibles gain, gain described in paragraph (7)(A)(i),'' and inserting ``gain described in paragraph (7)(A)(i)''. (2) Section 1(h) of such Code is amended by redesignating paragraphs (12) and (13) as paragraphs (6) and (12), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE TAXPAYER. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph: ``(7) Special rule for certain contributions of literary, musical, or artistic compositions.-- ``(A) In general.--In the case of a qualified artistic charitable contribution-- ``(i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and ``(ii) no reduction in the amount of such contribution shall be made under paragraph (1). ``(B) Qualified artistic charitable contribution.-- For purposes of this paragraph, the term `qualified artistic charitable contribution' means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if-- ``(i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, ``(ii) the taxpayer-- ``(I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and ``(II) attaches to the taxpayer's income tax return for the taxable year in which such contribution was made a copy of such appraisal, ``(iii) the donee is an organization described in subsection (b)(1)(A), ``(iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), ``(v) the taxpayer receives from the donee a written statement representing that the donee's use of the property will be in accordance with the provisions of clause (iv), and ``(vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been-- ``(I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and ``(II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). ``(C) Maximum dollar limitation; no carryover of increased deduction.--The increase in the deduction under this section by reason of this paragraph for any taxable year-- ``(i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and ``(ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). ``(D) Artistic adjusted gross income.--For purposes of this paragraph, the term `artistic adjusted gross income' means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to-- ``(i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and ``(ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). ``(E) Paragraph not to apply to certain contributions.--Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. ``(F) Copyright treated as separate property for partial interest rule.--In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.

Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to provide art and collectibles with capital gain rates similar to other assets held long-term. (Currently art and collectibles have a 28 percent capital gain rate.)Establishes a (limited) fair market value deduction for qualifying literary, musical, or artistic charitable contributions created and donated by the taxpayer. (Currently such deduction is limited to the taxpayer's costs in creating the work.)

A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Veterans Credit Act of 2016''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to rectify reporting of medical debt included in a consumer report of a veteran due to inappropriate or delayed payment for hospital care or medical services provided in a non-Department of Veterans Affairs facility under the laws administered by the Secretary of Veterans Affairs; and (2) to clarify the process of debt collection for such medical debt. SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT. (a) Veteran's Medical Debt Defined.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(z) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code. ``(aa) Veteran's Medical Debt.--The term `veteran's medical debt' means a debt of a veteran arising from hospital care or medical services, as those terms are defined in section 1701 of title 38, United States Code, provided in a non-Department of Veterans Affairs facility under the laws administered by the Secretary of Veterans Affairs, including under section 1703, 1712, 1712A, 1725, or 1728 of title 38, United States Code.''. (b) Exclusion for Veteran's Medical Debt.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(7) Any information related to a veteran's medical debt if the date on which the debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 1 year. ``(8) Any information related to a fully paid or settled veteran's medical debt that had been characterized as delinquent, charged off, or in collection.''. (c) Removal of Veteran's Medical Debt From Consumer Report.-- Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i) is amended-- (1) in subsection (a)(1)(A), by inserting ``and except as provided in subsection (g)'' after ``subsection (f)''; and (2) by adding at the end the following: ``(g) Dispute Process for Veteran's Medical Debt.-- ``(1) In general.--With respect to a veteran's medical debt of a consumer, the consumer may submit a notice along with proof of liability of the Department of Veterans Affairs for payment of that debt to a consumer reporting agency or a reseller to dispute the inclusion of that debt on a consumer report of the consumer. ``(2) Deletion of information from file.--Not later than 30 days after the date on which a notice is received under paragraph (1), the consumer reporting agency shall delete information relating to the veteran's medical debt from the file of the consumer and notify the furnisher and the consumer of that deletion.''. SEC. 4. COMMUNICATIONS REGARDING VETERAN'S MEDICAL DEBT. (a) In General.--Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``, except for a veteran's medical debt as described in subsection (f),'' after ``any debt''; and (2) by adding at the end the following: ``(f) Veteran's Medical Debt.-- ``(1) Definitions.--In this subsection-- ``(A) the term `consumer reporting agency' has the meaning given the term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a); ``(B) the term `veteran' has the meaning given the term in section 101 of title 38, United States Code; and ``(C) the term `veteran's medical debt' means a debt of a veteran arising from hospital care or medical services, as those terms are defined in section 1701 of title 38, United States Code, provided in a non- Department of Veterans Affairs facility under the laws administered by the Secretary of Veterans Affairs, including under section 1703, 1712, 1712A, 1725, or 1728 of title 38, United States Code. ``(2) Communications regarding veteran's medical debt.--Not later than 5 days after the initial communication with a veteran in connection with the collection of a veteran's medical debt, a debt collector shall, unless the following information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing-- ``(A) the amount of the debt; ``(B) the name of the creditor to whom the debt is owed; ``(C) a statement that unless the veteran, within 1 year after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; ``(D) a statement that if the veteran notifies the debt collector in writing within the 1-year period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the veteran and a copy of such verification or judgment will be mailed to the veteran by the debt collector; ``(E) a statement that, upon the veteran's written request within the 1-year period, the debt collector will provide the veteran with the name and address of the original creditor, if different from the current creditor; ``(F) a statement that the debt collector will not report the debt to a consumer reporting agency until 1 year after the date on which the debt collector sends the statement; and ``(G) a statement that the consumer may communicate with-- ``(i) an insurance company to determine coverage for the debt; ``(ii) the Department of Veterans Affairs to determine coverage for the debt or repayment options; or ``(iii) the provider of the hospital care or medical services from which the debt arises. ``(3) Collection of veteran's medical debt.--If the veteran notifies the debt collector in writing within the 1-year period described in paragraph (2)(D) that the veteran's medical debt, or any portion thereof, is disputed, or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection of the veteran's medical debt, or any disputed portion thereof, until the debt collector obtains verification of the veteran's medical debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the veteran by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 1-year period referred to in paragraph (2)(D) unless the veteran has notified the debt collector in writing that the veteran's medical debt, or any portion of the debt, is disputed or that the veteran requests the name and address of the original creditor. Any collection activities and communication during the 1-year period may not overshadow or be inconsistent with the disclosure of the veteran's right to dispute the veteran's medical debt or request the name and address of the original creditor.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 90 days after the date of enactment of this Act.

Protecting Veterans Credit Act of 2016 This bill amends the Fair Credit Reporting Act to exclude from a consumer report: (1) for one year, information related to a veteran's medical debt resulting from hospital or medical services provided in a non-Department of Veterans Affairs (VA) facility; and (2) information related to a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection. A veteran may submit a notice along with proof of VA liability for such debt to a consumer reporting agency or a reseller to dispute the debt's inclusion in a consumer report. The consumer reporting agency shall, within 30 days, delete such information from the consumer's file and notify the furnisher and the veteran. The Consumer Credit Protection Act is amended to provide a mechanism for veterans to dispute the inclusion of program debt already on a credit report. A consumer reporting agency shall, within 30 days after receiving notice of such dispute, delete such information from the veteran's file and notify the furnisher and the veteran. Within five days after the initial communication with a veteran, a debt collector shall, unless the appropriate information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing specified debt-related information, including information concerning the debt amount, creditors, the insurance company involved, and the hospital or medical care provider. If a veteran notifies the debt collector within such one-year period that the program debt is disputed or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection until debt verification or the name and address of the original creditor is obtained.

Protecting Veterans Credit Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girl Scouts USA Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Girl Scouts of the United States of America is the world's preeminent organization dedicated solely to girls where they build character and skills for success in the real world. (2) In 1911, Juliette Gordon Low met Sir Robert Baden- Powell, a war hero and the founder of the Boy Scouts. (3) With Baden-Powell's help and encouragement, Juliette Gordon Low made plans to start a similar association for American girls. (4) On March 12, 1912, Juliette Gordon Low organized the first 2 Girl Scout Troops in Savannah, Georgia consisting of 18 members. (5) Low devoted the next 15 years of her life to building the organization, which would become the largest voluntary association for women and girls in the United States. (6) Low drafted the Girl Scout laws, supervised the writing of the first handbook in 1913, and provided most of the financial support for the organization during its early years. (7) The Girl Scouts of the United States of America was chartered by the United States Congress in 1950 in title 36, United States Code. (8) Today there are more than 3,700,000 members in 236,000 troops throughout the United States and United States territories. (9) Through membership in the World Association of Girl Guides and Girl Scouts, Girls Scouts of the United States of America is part of a worldwide family of 10,000,000 girls and adults in 145 countries. (10) More than 50,000,000 American women enjoyed Girl Scouting during their childhood--and that number continues to grow as Girl Scouts of the United States of America continues to inspire, challenge, and empower girls everywhere. (11) March 12, 2012, will mark the 100th Anniversary of the Girl Scouts of the United States of America. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the USA, 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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the Girl Scouts of the United States of America. (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 ``2011''; 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 Girl Scouts of the United States of America and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.-- (1) In general.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Use of the united states mint at west point, new york.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Girl Scouts of the United States of America to be made available for Girl Scout program development and delivery. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Girl Scouts of the United States of America as may be related to the expenditures of amounts paid under subsection (b).

Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA. Requires the coin design to be emblematic of the 100 years of the organization. Restricts issuance of such coins to calendar year 2011. Subjects coin sales to a surcharge of $10 per coin. Requires payment of such surcharges to the Girl Scouts of the United States of America for Girl Scout program development and delivery.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Payroll Protection Act of 2007''. SEC. 2. REGULATION OF PAYROLL TAX DEPOSIT AGENTS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. PAYROLL TAX DEPOSIT AGENTS. ``(a) Registration.-- ``(1) In general.--The Secretary shall establish a system to require the initial registration and the annual renewal of the registration of persons seeking to act as payroll tax deposit agents authorized to make Federal employment tax deposits on behalf of employer taxpayers. Such system shall also-- ``(A) establish a registration and renewal fee for each payroll tax deposit agent in an amount not to exceed $100, ``(B) provide the payroll tax deposit agent the option of either submitting a bond as specified in subsection (b) or submitting to a quarterly certification as specified in subsection (c), ``(C) require such disclosures as are specified in subsection (d), and ``(D) provide penalties for unregistered persons acting as payroll tax deposit agents with respect to Federal tax deposits and for payroll tax deposit agents who fail to furnish such disclosures as are specified in subsection (d), in an amount not to exceed $10,000 for each 90 days of noncompliance. ``(2) Definition of payroll tax deposit agent.--For purposes of this section, the term `payroll tax deposit agent' means any person which provides payroll processing or tax filing and deposit services to 1 or more employers (other than an employer acting on its own behalf) if such person has the contractual authority to access such employer's funds for the purpose of making employment tax deposits. Such term shall not include any person which only transfers such funds to the appropriate government authority (regardless if such person has the authority to determine the amount of such transfer) and does not otherwise have the authority to access such funds. ``(3) Employment tax.--For purposes of this section, the term `employment tax' includes unemployment insurance contributions. ``(b) Bonding.-- ``(1) In general.--If a payroll tax deposit agent elects to submit a bond under subsection (a)(1)(B), the amount of such bond shall be not less than $50,000 nor more than $500,000, and shall be determined with respect to each payroll tax deposit agent under regulations prescribed by the Secretary. ``(2) Surety.--Any bond or security furnished pursuant to this section shall be in such form and with such surety or sureties as may be prescribed by regulations issued pursuant to section 7101. ``(3) Evidence of bond.--Evidence of such bond shall be filed with the Secretary with the initial registration and each annual renewal of the registration of persons licensed to act as payroll tax deposit agents. ``(c) Quarterly Certifications.--If a payroll tax deposit agent elects to submit to a quarterly certification under subsection (a)(1)(B), such certification shall be performed by an independent third party who is qualified to perform such certifications under targeted criteria established by the Secretary, at the direction of the Secretary, and shall be based on the following narrowly targeted principles-- ``(1) that the escrow account of the payroll tax deposit agent in which such agent holds its employers' taxes is balanced to the total of quarterly reconciliation statements (i.e., Internal Revenue Service Forms 941 and State equivalents), and any liabilities collected but not yet deposited with the respective government authority, ``(2) that the escrow account funds of the payroll tax deposit agent are not commingled with such agent's operating funds, ``(3) that there is no evidence that the payroll tax deposit agent used any of the funds in such agent's escrow account to pay such agent's operating costs, and ``(4) that there is adequate receipt evidence that such agent paid the required employment taxes on behalf of the employers to the proper government employment tax authority. A copy of each completed quarterly certification report shall be filed quarterly with the Secretary and no payroll tax deposit agent shall obtain its annual renewal of the registration of persons licensed to act as payroll tax deposit agents unless all such copies have been filed. ``(d) Disclosure.--The Secretary shall require payroll tax deposit agents to disclose to each client prior to or at the time of contracting for payroll services, and to each existing client at least quarterly-- ``(1) the client's continuing liability for payment of all Federal and State employment taxes notwithstanding any contractual relationship with a payroll tax deposit agent, ``(2) the mechanisms available to the client to verify the amount and date of payment of all tax deposits made by the payroll tax deposit agent on behalf of such client, including the Internet address and telephone number of each Federal and State employment tax authority related to such deposits, and ``(3) such other information that the Secretary determines is necessary or appropriate to assist employers in the selection and use of payroll tax deposit agents. ``(e) Tax Deposits and Returns.--Only persons registered under this section may-- ``(1) make Federal tax deposits on behalf of an employer, ``(2) sign and file Federal employment tax returns on behalf of a taxpayer, and ``(3) have access to confidential tax information relating to such employer. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.''. (b) Quarterly Certification Criteria.--In establishing the criteria for the quarterly certification required under section 7529(c) of the Internal Revenue Code of 1986, as added by subsection (a), the Secretary of the Treasury shall ensure, to the extent practicable, that the burden of the certification process on the payroll tax deposit agent is minimized. (c) Payroll Tax Deposit Agents Subject to Penalty for Failure To Collect and Pay Over Tax, or Attempt To Evade or Defeat Tax.-- (1) In general.--Section 6672(a) of the Internal Revenue Code of 1986 is amended by inserting ``, including any payroll tax deposit agent (as defined in section 7531(a)(2)) who has assumed the obligation to pay over any tax by contract with a taxpayer (but only to the extent that such payroll tax deposit agent has received irrevocable payment of funds for the corresponding tax liabilities from such taxpayer),'' after ``imposed by this title''. (2) Penalty not subject to discharge in bankruptcy.-- Section 6672(a) is further amended by adding at the end the following new sentence: ``Notwithstanding any other provision of law, no penalty imposed under this section may be discharged in bankruptcy.''. (3) Conforming amendment.--Section 6672(b)(1) of the Internal Revenue Code of 1986 (relating to preliminary notice requirement) is amended by striking the word ``taxpayer'' and inserting the word ``person'' each time it appears. (4) Construction.--The amendment made by paragraph (1) shall not be construed to create any inference with respect to the interpretation of section 6672 of the Internal Revenue Code of 1986 as such section was in effect on the day before the date of the enactment of this Act. (d) Clerical Amendment.--The table of sections for such chapter 77 is amended by adding at the end the following new item: ``Sec. 7529. Payroll tax deposit agents.''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Penalty.--The amendments made by subsection (c) shall apply to failures occurring after the date of the enactment of this Act. SEC. 3. VERIFICATION OF ADDRESS CHANGE. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions) is amended by adding at the end the following new section: ``SEC. 3511. VERIFICATION OF ADDRESS CHANGE. ``The Secretary shall issue a notice of confirmation of any address change relating to an employer making tax payments under this subtitle, and such notice shall be sent to both the employer's former and new address.''. (b) Clerical Amendment.--The table of sections for such chapter 25 is amended by adding at the end the following new item: ``Sec. 3511. Verification of address change.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act.

Small Business Payroll Protection Act of 2007 - Amends the Internal Revenue Code to require the Secretary of the Treasury to establish a registration system for payroll tax deposit agents (defined as any person that provides payroll processing or tax filing and deposit service to one or more employers). Requires such agents to: (1) submit a bond or to submit to quarterly third-party certifications; (2) make certain disclosures to their clients concerning liability for payment of employment taxes; and (3) pay penalties for failing to collect or pay over employment taxes or for attempting to evade or defeat payment of such taxes. Requires the Secretary of the Treasury to: (1) issue a notice of confirmation of any address change for an employer making employment tax payments; and (2) send such notice to both the employer's former and new address.

A bill to amend the Internal Revenue Code of 1986 to regulate payroll tax deposit agents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Gas Tax Credit Act of 2008''. SEC. 2. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES FOR NONBUSINESS PURPOSES. (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 adding after section 25D the following new section: ``SEC. 25E. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES FOR NONBUSINESS PURPOSES. ``(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 the aggregate qualified taxable fuel expenditures made by the taxpayer during such year. ``(b) Limitation.--The credit allowed under subsection (a) for a taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(c) Qualified Taxable Fuel Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified taxable fuel expenditures' means amounts paid for a taxable fuel (as defined by section 4083(a) (without regard to paragraph (1)(C) thereof) for a nonbusiness use in a highway vehicle. ``(2) Exception.--Such term does not include amounts paid for any fuel with respect to which a credit is allowed under section 34 or a refund allowed under section 6420, 6421, or 6427. ``(d) Limitation Based on Modified Adjusted Gross Income.--The amount which would (but for this subsection) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). ``(e) Rate of Increase in Price of a Gallon of Gasoline Must Exceed Rate of Inflation by Not Less Than 300 Percent.-- ``(1) General rule.--Subsection (a) shall not apply for any taxable year unless the Secretary determines that the percentage change in the price of a gallon of gasoline for the taxable year is not less than 300 percent of the change in the inflation rate for such taxable year. ``(2) Percentage change in the price of a gallon of gasoline.--For purposes of paragraph (1), the percentage change in the price of a gallon of gasoline for a taxable year is the percentage (if any) by which-- ``(A) the average price of a gallon of gasoline as of the close of the taxable year, exceeds ``(B) the average price of a gallon gasoline as of the beginning of the taxable year. ``(3) Inflation rate.--For purposes of paragraph (1), the inflation rate for the determination period is the percentage (if any) by which-- ``(A) the average of the Consumer Price Index as of the close of the taxable year, exceeds ``(B) the average of the Consumer Price Index as of the beginning of the taxable year. ``(4) Price of a gallon of gasoline.--For purposes of this subsection, the price of a gallon of gasoline shall be as determined under the U.S. Regular All Formulations Retail Gasoline Prices by the Energy Information Administration of the Department of Energy. ``(5) Consumer price index.--For the purposes of this subsection, the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. ``(f) Adjustments for Inflation.--In the case of a taxable year beginning after December 31, 2008, each of the dollar amounts in subsection (b) and (d) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. If, in the case of any amount in subsection (b) as increased under the preceding sentence, is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10, and if, in the case of any amount in subsection (d) as increased under the preceding sentence, is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(g) Guidance.--Not later than January 31 of each year, the Secretary shall promulgate such guidance as may be necessary or appropriate to carry out the provisions of this section with respect to the preceding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of such part IV is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Working Families Gas Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for up to $500 ($1,000 in the case of a joint return) of the cost of gasoline and diesel used in highway vehicles for a nonbusiness purpose when the increase in the price of a gallon of gasoline exceeds the annual inflation rate by not less than 300%. Phases out the amount of such credit for taxpayers with adjusted gross incomes exceeding $75,000 ($150,000 in the case of a joint return).

To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit against income tax liability for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eurasia Foundation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there has been established in the District of Columbia a private, nonprofit corporation known as the Eurasia Foundation (hereafter in this Act referred to as the ``Foundation''), which is not an agency or establishment of the United States Government; (2) in recognition of the valuable contributions of the Foundation to long-range United States foreign policy interests, the United States Government has, through the United States Agency for International Development and the Department of State, provided financial support for the Foundation; and (3) it is in the interest of the United States, and the further strengthening of cooperation with the nations of the region, to establish a more permanent mechanism for United States Government financial support for the ongoing activities of the Foundation, while preserving the independent character of the Foundation. (b) Purposes.--The purposes of the Foundation are-- (1) to promote civil society, private enterprise, and sound public administration and policy in the former Soviet Union and in lending encouragement and assistance to local citizens in their own efforts to develop more open, just, and democratic societies; (2) to strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with and supportive of long-term United States interests in Eurasia; and (3) to conduct programs in response to initiatives in the region that would be difficult or impossible for an official United States entity, and, as a result of its position in the Eurasia region, to respond quickly and flexibly to meet new opportunities. SEC. 3. GRANTS TO THE FOUNDATION. (a) In General.--The Secretary of State shall make an annual grant to the Foundation to enable the Foundation to carry out its purposes as specified in section 2(b). Such grants shall be made with funds specifically appropriated for grants to the Foundation. Such grants shall be made pursuant to a grant agreement between the Secretary and the Foundation which requires that grant funds will only be used for activities the Board of Directors of the Foundation determines are consistent with the purposes described in section 2(b), and that the Foundation will otherwise comply with the requirements of this Act. The grant agreement may not require the Foundation to comply with requirements other than those specified in this Act. (b) Use of Funds.--Funds so granted may be used by the Foundation to carry out the purposes described in section 2(b), and otherwise applicable limitations on the purposes for which funds appropriated to the Department of State may be used shall not apply to funds granted to the Foundation. (c) Rule of Construction.--Nothing in this Act shall be construed to make the Foundation an agency or establishment of the United States Government or to make the members of the Board of Directors of the Foundation, or the officers or employees of the Foundation, officers or employees of the United States. (d) Oversight.--The Foundation and its grantees shall be subject to the appropriate oversight procedures of the Congress. (e) Other Funding.--The Foundation shall have authority to accept funding from non-United States Government sources to complement United States Government funding. SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS. (a) Compliance With Statutory Requirements.--Grants may be made to the Foundation under this Act only if the Foundation agrees to comply with the requirements specified in this section and elsewhere in this Act. (b) Funding for Covered Programs Only.--The Foundation may provide funding only for programs that are consistent with the purposes set forth in section 2(b). (c) Compensation for Officers and Employees of the Foundation.--If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Foundation, that individual may not receive any compensation or travel expenses in connection with service performed for the Foundation. (d) Prohibition Respecting Financial Matters.--The Foundation shall not issue any shares of stock or declare or pay any dividends. No part of the assets of the Foundation shall inure to the benefit of any member of the Board of Directors of the Foundation, any officer or employee of the Foundation, or any other individual, except as salary or reasonable compensation for expenses incurred in the performance of duties to the Foundation. (e) Audit of Accounts; Reporting Requirements.-- (1) Audit of accounts.--The accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. (2) Reporting requirements.--The report of each such independent audit shall be included in the annual report required by subsection (h) of this section. The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Foundation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Foundation's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (f) Audit of Financial Transactions.-- (1) Audit of financial transactions.--The financial transactions of the Foundation for each fiscal year may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. (2) Reporting requirements.--A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Foundation, together which such recommendations with respect thereto as the Comptroller General may deem advisable. A copy of each report shall be furnished to the President and to the Foundation at the time submitted to the Congress. (g) Recordkeeping Requirements; Audit and Examination of Books.-- (1) Recordkeeping requirements.--The Foundation shall ensure that each recipient of assistance provided through the Foundation under this Act keeps such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) Audit and examination of books.--The Foundation shall ensure that it, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this Act. The Comptroller General of the United States or any duly authorized representative of the Comptroller General shall also have access thereto for such purpose. (h) Annual Report; Contents; Testimony Respecting Report.--Not later than March 31 of each year, the Foundation shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress. The report shall include a comprehensive and detailed report of the Foundation's operations, activities, financial condition, and accomplishments under this Act and may include such recommendations as the Foundation deems appropriate. (i) Grantee; Conflict of Interest.--A member of the Board of Directors of the Foundation who serves as a member of the board of directors or an officer of a grantee of the Foundation may not receive compensation for their services but shall be entitled to reimbursement for travel and other expenses incurred by them in connection with their duties on behalf of such grantee. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2008 and such sums as may be necessary for each of the fiscal years 2009 and 2010. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriation under subsection (a) are authorized to remain available until expended.

Eurasia Foundation Act - Directs the Secretary of State to make an annual grant to the Eurasia Foundation, a private, nonprofit corporation whose purposes are to: (1) promote civil society, private enterprise, and sound public administration and policy in the former Soviet Union; (2) strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with U.S. interests in Eurasia; and (3) conduct programs in response to initiatives in the region that would be difficult or impossible for an official U.S. entity.

To authorize grants to the Eurasia Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Disbursement of Offshore Oil Revenue Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) the demand for energy in the United States is increasing and will continue to increase for the foreseeable future; (2) domestic production of oil and gas is declining; (3) the United States continues to be overly dependent on foreign sources of oil and gas; (4) the Outer Continental Shelf contains significant quantities of oil and gas that should be developed to meet United States energy needs while safeguarding important environmental values; (5) the exploration, development, and production of Outer Continental Shelf resources, and the siting of related energy facilities, may impact various State and local governments; and (6) coastal States and counties should be provided with a share of the revenues derived from Outer Continental Shelf oil and gas leasing, exploration, development, and production activities. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``coastal State'' means any State of the United States bordering on the Atlantic Ocean, the Pacific Ocean, the Arctic Ocean, or the Gulf of Mexico; (2) the term ``coastal county'' means a unit of general government immediately below the level of State government, as determined by the Secretary under section 6, with jurisdiction over lands along the coast line; (3) the term ``coast line'' has the meaning given such term under the Submerged Lands Act (43 U.S.C. 1301 et seq.); (4) the term ``Outer Continental Shelf'' has the meaning given the term ``outer Continental Shelf'' under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (5) the term ``Secretary'' means the Secretary of the Interior; and (6) the term ``revenues'' means all bonuses, rents, royalties, and other moneys collected under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and interest thereon. SEC. 4. COASTAL COMMUNITIES OUTER CONTINENTAL SHELF RECEIPT FUND. (a) Establishment.--There is established an interest bearing account in the Treasury of the United States to be known as the Coastal Communities Outer Continental Shelf Receipt Fund (hereafter in this Act referred to as ``the Fund''). (b) Payments to Fund.--Beginning in fiscal year 2004, the Secretary shall pay into the Fund all revenues described in subsection (c) that are attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line. The Secretary may adjust amounts in the Fund at any time to account for overpayments, underpayments, and errors. (c) New Revenues.--Subsection (b) shall apply only to-- (1) bonus revenues under a lease if no bonus revenues have been received by the Secretary under that lease before January 1, 2003; (2) rent revenues under a lease if no rent revenues have been received by the Secretary under that lease before January 1, 2003; (3) royalty revenues under a lease if no royalty revenues have been received by the Secretary under that lease before January 1, 2003; and (4) other revenues under a lease if the lease was issued on or after January 1, 2003. SEC. 5. DISPOSITION OF FUND. (a) State Share.--(1) Six months after the end of fiscal year 2004, and annually thereafter, the Secretary shall pay from the Fund to each coastal State one-half of such revenues paid into the Fund with respect to the fiscal year most recently completed, and any interest earned thereon, as may be attributable to that State. (2) In order to determine to which State revenues are attributable for purposes of this Act, the Secretary shall delimit the lateral boundaries between the coastal States to a point 200 geographic miles seaward of the coast line. Such boundaries shall be set according to the following principles, listed in order of the priority of their application: (A) Any judicial decrees or interstate compacts delimiting lateral offshore boundaries between coastal States. (B) Principles of domestic and international law governing the delimitation of lateral offshore boundaries. (C) The desirability of following existing lease boundaries and block lines on the Secretary's official protraction diagrams. (3) Each coastal State, before receiving funds under this subsection, shall annually enact the necessary legislation to provide any State permits required for onshore facilities needed to support offshore oil or gas development or production in the area adjacent to that coastal State. If a State fails to enact such legislation, the funds attributable to that State shall not be disbursed, and the Secretary shall take into consideration that failure before offering any additional leases for sale in the offshore area adjacent to that State. (b) Coastal County Share.--(1) At the same time that the Secretary pays revenues to coastal States under subsection (a), the Secretary shall pay to coastal counties within that State the remaining one-half of the revenues, and any interest earned on those revenues, in the Fund for that fiscal year attributable to that State. (2) In order to determine to which coastal county revenues are attributable for purposes of this Act, the Secretary shall delimit the lateral boundaries between the coastal counties to a point 200 geographic miles seaward of the coast line. Such boundaries shall be set according to the following principles, listed in order of the priority of their application: (A) Existing boundaries between coastal counties with valid supporting legal authority. (B) The desirability of following existing lease boundaries and block lines on the Secretary's official protraction diagrams. (C) The principle that, to the extent consistent with subparagraphs (A) and (B), the size of the coastal county's adjacent offshore area, as a percentage of all of that State's adjacent offshore areas, shall be based on a formula giving equal weight to-- (i) the coastal county's coast line as a percentage of the State's coast line, calculated using the same large-scale charts of the National Ocean Service that are used to delimit the territorial sea under international law; and (ii) the coastal county's population as a percentage of the population of all coastal counties in the State, calculated by the Secretary using the best available national census data. (3) Each coastal county, before receiving funds under this subsection, shall annually enact by county statute or ordinance the necessary legislation to provide the local permits required for onshore facilities needed to support offshore oil or gas development or production in the area adjacent to that coastal county, and the necessary legislation to expend such funds. If a county fails to enact such legislation, the funds attributable to that county shall not be disbursed, and the Secretary shall take into consideration that failure before offering any additional leases for sale in the offshore area adjacent to that county. (c) Use of Funds by States.--Each coastal State shall use funds received pursuant to subsection (a)-- (1) to pay for the administrative costs the State incurs in the leasing and permitting process as specified in the Outer Continental Shelf Lands Act; (2) for such environmental and natural resource projects as the State determines; or (3) for such educational projects as the State determines. (d) County Distribution of Funds.--Each coastal county shall develop a formula to allocate at least two-thirds of the funds received pursuant to subsection (b) to local communities within its jurisdiction based on the proximity of these communities to the coast, except that funds shall be withheld from communities that the Secretary determines have failed to issue permits required for onshore facilities needed to support offshore oil or gas development or production in the area adjacent to that coastal county. SEC. 6. DESIGNATION OF COASTAL COUNTIES. For the purposes of this Act, the Secretary, after consultation with the Governor of each coastal State, shall determine which counties, parishes, boroughs, tribal governments, or other units of general government immediately below the level of State government shall be designated as coastal counties. SEC. 7. LIMITATIONS ON APPLICABILITY OF BOUNDARIES. The boundaries and areas delimited under section 5 are solely for the purposes of this Act.

Fair Disbursement of Offshore Oil Revenue Act of 2003 - Establishes the Coastal Communities Outer Continental Shelf Receipt Fund as an interest-bearing account in the Treasury.Instructs the Secretary of the Treasury to pay into the Fund all revenues attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line.Directs the Secretary to pay each coastal State and its coastal counties, respectively, one-half of the revenues and any interest earned on them attributable to the State for the fiscal year most recently completed.Preconditions such disposition of funds upon annual enactment by each coastal State and coastal county of the legislation necessary to provide State and local permits for the onshore facilities needed to support offshore oil or gas development or production in the pertinent adjacent area.Declares that if a State or county fails to enact such legislation, the funds attributable to it shall not be disbursed, and the Secretary shall take that failure into consideration before offering any additional leases for sale in the offshore area adjacent to that State or county.

To provide for the distribution to coastal States and counties of revenues collected under the Outer Continental Shelf Lands Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Telephone Records Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) telephone records can be of great use to criminals because the information contained in call logs listed in such records include a wealth of personal information; (2) many call logs reveal the names of many users' doctors, public and private relationships, business associates, and more; (3) although other personal information, such as social security numbers may appear in public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the telephone companies themselves; and (4) telephone records may be accessed without authorization of the customer by-- (A) an employee of the telephone company selling the data; (B) ``pretexting'', whereby a data broker or other person pretends to be the owner of the phone and convinces the telephone company's employees to release the data to them; or (C) unauthorized access of accounts via the Internet; and (5) because telephone companies encourage customers to manage their accounts online, many set up the online capability in advance. Many customers never access their Internet accounts, however. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer. SEC. 3. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF TELECOMMUNICATIONS CARRIERS. (a) Prohibition on Obtaining Customer Information by False Pretenses.--It shall be unlawful for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer proprietary network information relating to any other person by-- (1) making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a telecommunications carrier; or (2) by providing, through any means including the Internet, any document or other information to a telecommunications carrier or an officer, employee, or agent of a telecommunications carrier, knowing that the document or other information is forged, counterfeit, lost, or stolen, was obtained fraudulently or without the customer's consent, or contains a false, fictitious, or fraudulent statement or representation. (b) Prohibition on Solicitation of a Person to Obtain Customer Information Under False Pretenses.--It shall be unlawful to request a person to obtain customer proprietary network information of a telecommunications carrier, knowing that the person will obtain, or attempt to obtain, the information from the telecommunications carrier in the manner described in subsection (a). (c) Prohibition on Sale or Other Disclosure of Customer Information Obtained Under False Pretenses.--It shall be unlawful for any person to sell customer proprietary network information relating to any other person, knowing that such information was obtained in the manner described in subsection (a). (d) Nonapplicability to Law Enforcement Agencies.--No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer proprietary network information of a telecommunications carrier in connection with the performance of official duties of the agency. SEC. 4. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT. Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.--The Commission shall by regulation require each telecommunications carrier to notify the customer of any incidents in which such telecommunications carrier becomes or is made aware in which customer proprietary network information relating to such customer is disclosed to someone other than the customer in violation of this section or section 3 of the Consumer Telephone Records Protection Act of 2006.''. SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. A violation of section 3 shall be treated as an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45). All of the functions and powers of the Federal Trade Commission under that Act are available to the Commission to enforce compliance by any person with such section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of such section in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. SEC. 6. CRIMINAL PENALTY. (a) In General.--Whoever knowingly and intentionally violates section 3 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. (b) Enhanced Penalties for Aggravated Cases.--Whoever violates section 3 while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a telecommunications carrier, in a 12-month period shall be fined twice the amount provided in section 3571 of title 18, or imprisoned for not more than 10 years, or both. SEC. 7. DEFINITIONS. As used in this Act, the following definitions apply: (1) Customer proprietary network information.--The term ``customer proprietary network information'' has the meaning given such term in section 222(h)(1) of the Communications Act of 1934 (47 U.S.C. 222(h)(1)). (2) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given such term in section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44)).

Consumer Telephone Records Protection Act of 2006 - Prohibits any person from obtaining or causing the disclosure of, or requesting another person to obtain, customer proprietary network information relating to another person by: (1) making a false statement to a telecommunications carrier; or (2) providing any information knowing that it is counterfeit, that it was obtained fraudulently or without the customer's consent, or that it contains a false statement. Prohibits a person from selling customer information relating to any other person knowing it was obtained in such manner. Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to require each telecommunications carrier to notify a customer when proprietary network information relating to such customer is disclosed in violation of such prohibitions. Treats a violation as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Gives all of the functions and powers of the Federal Trade Commission (FTC) under that Act to the FCC to enforce compliance. Prescribes penalties, which double for violations that are part of a pattern of illegal activity.

To prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses.

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

Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate relatives of U.S. citizens and permanent resident aliens.

Immigration Moratorium Act of 1994

SECTION 1. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS. Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following: ``(D) Indian veterans housing rental assistance program.-- ``(i) Definitions.--In this subparagraph: ``(I) Indian.--The term `Indian' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(II) Indian area.--The term `Indian area' has the meaning given the term in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103). ``(III) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(ii) Authorization of program.--The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at risk of homelessness and who are residing on or near an Indian area. ``(iii) Model.--The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. ``(iv) Eligible recipients.--Amounts for rental assistance and associated administrative costs under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). ``(v) Funding criteria.--Rental assistance under clause (ii) shall be awarded based on-- ``(I) need; ``(II) administrative capacity; and ``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. ``(vi) Administration.--Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that grantees shall-- ``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the program; and ``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the program in serving eligible veterans. ``(vii) Consultation.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) and any other appropriate tribal organization on the design of the program to ensure the effective delivery of rental assistance and supportive services to persons eligible to receive assistance under this subparagraph. ``(viii) Waiver.-- ``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. ``(II) Exception.--The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.''.

This bill amends the United States Housing Act of 1937 to authorize the Department of Housing and Urban Development (HUD) to carry out a rental assistance and supportive housing program, in conjunction with the Department of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. Rental assistance shall be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other HUD funding criteria.

A bill to provide for rental assistance for homeless or at-risk Indian veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colusa Basin Watershed Integrated Resources Management Act''. SEC. 2. AUTHORIZATION OF ASSISTANCE. The Secretary of the Interior (in this Act referred to as the ``Secretary'') may provide financial assistance to the Colusa Basin Drainage District, California (in this Act referred to as the ``District''), for use by the District or by local agencies acting pursuant to section 413 of the State of California statute known as the Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in effect on the date of the enactment of this Act (in this Act referred to as the ``State statute''), for planning, design, environmental compliance, and construction required in carrying out eligible projects in the Colusa Basin Watershed to-- (1)(A) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (B) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (C) construct, restore, or preserve wetland and riparian habitat; and (2) capture, as an incidental purpose of any of the purposes referred to in paragraph (1), surface or stormwater for conservation, conjunctive use, and increased water supplies. SEC. 3. PROJECT SELECTION. (a) Eligible Projects.--A project shall be an eligible project for purposes of section 2 only if it is-- (1) identified in the document entitled ``Colusa Basin Water Management Program'', dated February 1995; and (2) carried out in accordance with that document and all environmental documentation requirements that apply to the project under the laws of the United States and the State of California. (b) Compatibility Requirement.--The Secretary shall ensure that projects for which assistance is provided under this Act are not inconsistent with watershed protection and environmental restoration efforts being carried out under the authority of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program. SEC. 4. COST SHARING. (a) Non-Federal Share.--The Secretary shall require that the District and cooperating non-Federal agencies or organizations pay-- (1) 25 percent of the costs associated with construction of any project carried out with assistance provided under this Act; and (2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to such a project. (b) Planning, Design, and Compliance Assistance.--Funds appropriated pursuant to this Act may be made available to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies acting pursuant to the State statute, in accordance with agreements with the Secretary. (c) Treatment of Contributions.--For purposes of this section, the Secretary shall treat the value of lands, interests in lands (including rights-of-way and other easements), and necessary relocations contributed by the District to a project as a payment by the District of the costs of the project. SEC. 5. COSTS NONREIMBURSABLE. Amounts expended pursuant to this Act shall be considered nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental thereto. SEC. 6. AGREEMENTS. Funds appropriated pursuant to this Act may be made available to the District or a local agency only if the District or local agency, as applicable, has entered into a binding agreement with the Secretary-- (1) under which the District or the local agency is required to pay the non-Federal share of the costs of construction required by section 4(a); and (2) governing the funding of planning, design, and compliance activities costs under section 4(b). SEC. 7. REIMBURSEMENT. For project work (including work associated with studies, planning, design, and construction) carried out by the District or by a local agency acting pursuant to the State statute in section 2 before the date amounts are provided for the project under this Act, the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse the District or the local agency, without interest, an amount equal to the estimated Federal share of the cost of such work under section 4. SEC. 8. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may enter into cooperative agreements and contracts with the District to assist the Secretary in carrying out the purposes of this Act. (b) Subcontracting.--Under such cooperative agreements and contracts, the Secretary may authorize the District to manage and let contracts and receive reimbursements, subject to amounts being made available in advance in appropriations Acts, for work carried out under such contracts or subcontracts. SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982. Activities carried out, and financial assistance provided, under this Act shall not be considered a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.). SEC. 10. APPROPRIATIONS AUTHORIZED. There are authorized to be appropriated to the Secretary to carry out this Act $25,000,000, plus such additional amount, if any, as may be required by reason of changes in costs of services of the types involved in the District's projects as shown by engineering and other relevant indexes. Sums appropriated under this section shall remain available until expended.

Colusa Basin Watershed Integrated Resources Management Act - Authorizes the Secretary of the Interior to provide financial assistance for use by the Colusa Basin Drainage District, California, or by local agencies for planning, design, environmental compliance, and construction required to carry out eligible projects in the Colusa Basin Watershed to: (1) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (2) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (3) construct, restore or preserve wetland and riparian habitat; and (4) capture surface or stormwater for conservation, conjunctive use, and increased water supplies. Requires the Secretary to ensure that funded projects are not inconsistent with watershed protection and environmental restoration efforts being carried out under the Central Valley Project Improvement Act or the CALFED Bay-Delta Program. Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs. Permits funds appropriated pursuant to this Act to be made available: (1) to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary; and (2) only to a District or a local agency that has entered into a binding agreement with the Secretary under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs. Authorizes appropriations.

Colusa Basin Watershed Integrated Resources Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban on Smoking in Federal Buildings Act''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts among sensitive populations; (2) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (3) citizens of the United States spend up to 90 percent of a day indoors and, consequently, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (4) exposure to environmental tobacco smoke occurs in public buildings and other indoor facilities; (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency; and (6) the Administrator of General Services, having broad authority and longstanding experience with respect to the acquisition and management (including restriction of smoking) of space occupied by Federal employees, is particularly qualified to issue regulations to institute and enforce a prohibition on smoking in such space. SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS. (a) Smoking Prohibition.-- (1) General rule.--On and after the 180th day after the date of the enactment of this Act, smoking shall be prohibited in any indoor portion of a Federal building, except in areas designated pursuant to paragraph (2). (2) Designation of smoking areas.--The head of a Federal agency may permit smoking in a designated area of a Federal building owned or leased for use by such agency if such area-- (A) is ventilated separately from other portions of the Federal building; (B) is ventilated using a method determined by the Administrator of General Services to be at least as effective as the method described in subparagraph (A); or (C) is ventilated in accordance with Federal indoor air quality standards for environmental tobacco smoke, if such standards are in effect. (b) Enforcement.-- (1) Executive branch buildings.-- (A) In general.--The Administrator of General Services shall issue regulations, and take such other actions as may be necessary, to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an Executive agency. (B) Delegation.--The Administrator is authorized to delegate, and to authorize the redelegation of, any authority vested in the Administrator under subparagraph (A) (except for the authority to issue regulations) to any official of the General Services Administration or to the head of any other Executive agency. (2) Judicial branch buildings.--The Director of the Administrative Office of the United States Courts, after consultation with the Administrator of General Services, shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an establishment in the judicial branch of the Government. (3) Legislative branch buildings.-- (A) House of representatives.--The House Office Building Commission shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the House of Representatives. (B) Senate.--The Committee on Rules and Administration of the Senate shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the Senate. (C) Other establishments.--The Architect of the Capitol shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by an establishment in the legislative branch of the Government (other than the House of Representatives and the Senate). SEC. 4. REPORT. Not later than 2 years after the date of the enactment of this Act, the Administrator of General Services shall transmit to the Committees on Public Works and Transportation and on Government Operations of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing-- (1) information concerning the degree of compliance with this Act; and (2) information on research and development conducted by the Administrator on methods of ventilation which are at least as effective as the method described in section 3(a)(2)(A). SEC. 5. PREEMPTION. Nothing in this Act is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this Act. SEC. 6. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Executive agency.--The term ``Executive agency'' has the same meaning such term has under section 105 of title 5, United States Code. (2) Federal agency.--The term ``Federal agency'' means any Executive agency or any establishments in the legislative or judicial branches of the Government. (3) Federal building.--The term ``Federal building'' means any building or other structure (or portion thereof) owned or leased for use by a Federal agency; except that the term shall not include any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs, or any area of a building that is used primarily as living quarters. (4) Military installation.--The term ``military installation'' means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. Passed the House of Representatives November 15, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Ban on Smoking in Federal Buildings Act - Prohibits smoking in buildings owned or leased for use by a Federal agency except in areas, as may be designated by agencies, that are ventilated: (1) separately from other portions of the building; (2) using a method determined by the Administrator of General Services to be at least as effective as such; or (3) in accordance with Federal indoor air quality standards for environmental tobacco smoke, if such standards are in effect. Directs the Administrator of General Services (with respect to the executive branch), the Administrative Office of the United States Courts (with respect to the judicial branch), and the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Architect of the Capitol (with respect to the legislative branch) to take such actions as necessary to institute and enforce such prohibition. Requires the Administrator to report to specified congressional committees with information concerning the degree of compliance with this Act and on research and development on methods of ventilation which are at least as effective as the method described in this Act. Specifies that nothing in this Act is intended to preempt any provision of State or local law that is more restrictive than a provision of this Act.

Ban on Smoking in Federal Buildings Act

SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of steel jaw leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``article of fur'' means-- (A) any furskin, whether raw or tanned or dressed; or (B) any article, however produced, that consists in whole or part of any furskin. For purposes of subparagraph (A), the terms ``furskin'', ``raw'', and ``tanned or dressed'' have the same respective meanings as those terms have under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States. (2) The term ``interstate commerce'' shall have the same meaning as that given to such term in section 10 of title 18, United States Code. (3) The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (4) The term ``person'' includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (5) The term ``Secretary'' means the Secretary of the Interior. (6) The term ``steel jaw leghold trap'' means any spring- powered pan- or sear-activated device with two opposing steel jaws which is designed to capture an animal by snapping closed upon the animal's limb or part thereof. SEC. 3. PROHIBITED ACTS AND PENALTIES. (a) Prohibition.--No article of fur shall be imported, exported, or shipped in interstate commerce if any part or portion of such article is derived from an animal that was trapped in a steel jaw leghold trap. (b) Offenses.--It is unlawful for any person knowingly-- (1) to import, export, ship, or receive any article of fur in contravention of subsection (a); (2) to import, export, deliver, carry, transport, or ship by any means whatever, in interstate commerce, any steel jaw leghold trap; (3) to sell, receive, acquire, or purchase any steel jaw leghold trap that was delivered, carried, transported, or shipped in contravention of paragraph (2); or (4) to violate any regulation prescribed by the Secretary under this section. (c) Penalties.--Any person who knowingly commits an act which violates subsection (a) or (b), or any regulation issued under this section, shall, in addition to any other penalty that may be imposed-- (1) for the first such violation, be guilty of an infraction under title 18, United States Code; and (2) for each subsequent violation, be imprisoned for not more than two years, or fined in the amount set forth in title 18, United States Code, or both. SEC. 4. REWARDS. The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any regulation issued thereunder, an amount equal to one half of the fine paid pursuant to the conviction. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 5. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, the provisions of this Act and any regulations issued pursuant thereto shall be enforced by the Secretary, who may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such regulations. (b) Export and Import Violations.-- (1) Import violations.--The importation of articles in contravention of section 3 shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws shall apply thereto. (2) Export violations.--The authorities under the Export Administration Act of 1979 (including penalties) shall be used to enforce the provisions of this Act relating to the export of articles in contravention of section 3. (c) Judicial Process.--The district courts of the United States may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulation issued thereunder. (d) Enforcement Authorities.--Any individual having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seize any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to a violations to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to a violation to which subsection (b) applies) committed in his or her presence or view or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (e) Forfeiture.--Except with respect to exports to which the provisions of the Export Administration Act of 1979 apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any article of fur or steel jaw leghold trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States. Those provisions of law relating to-- (1) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws, (2) the disposition of such property or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeitures, and (4) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this title; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (f) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act or regulation issued under authority thereof. (g) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and regulations issued thereunder, are enforced in the most effective and efficient manner. SEC. 6. REGULATIONS. (a) In General.--The Secretary shall prescribe such regulations as are necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.

Prohibits the import, export, or shipment in interstate commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps. Prescribes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.

To end the use of steel jaw leghold traps on animals in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Homeland Security Management Act of 2007''. SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT. (a) Establishment and Succession.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Deputy Secretary'' and inserting ``Deputy Secretaries''; (B) by striking paragraph (6); (C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (D) by striking paragraph (1) and inserting the following: ``(1) A Deputy Secretary of Homeland Security. ``(2) A Deputy Secretary of Homeland Security for Management.''; and (2) by adding at the end the following: ``(g) Vacancies.-- ``(1) Vacancy in office of secretary.-- ``(A) Deputy secretary.--In case of a vacancy in the office of the Secretary, or of the absence or disability of the Secretary, the Deputy Secretary of Homeland Security may exercise all the duties of that office, and for the purpose of section 3345 of title 5, United States Code, the Deputy Secretary of Homeland Security is the first assistant to the Secretary. ``(B) Deputy secretary for management.--When by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary of Homeland Security is available to exercise the duties of the office of the Secretary, the Deputy Secretary of Homeland Security for Management shall act as Secretary. ``(2) Vacancy in office of deputy secretary.--In the case of a vacancy in the office of the Deputy Secretary of Homeland Security, or of the absence or disability of the Deputy Secretary of Homeland Security, the Deputy Secretary of Homeland Security for Management may exercise all the duties of that office. ``(3) Further order of succession.--The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.''. (b) Responsibilities.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in the section heading, by striking ``under secretary'' and inserting ``deputy secretary of homeland security''; (2) in subsection (a)-- (A) by inserting ``The Deputy Secretary of Homeland Security for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs.'' before ``The Secretary''; (B) by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; (C) by striking paragraph (7) and inserting the following: ``(7) Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.''; and (D) by striking paragraph (9), and inserting the following: ``(9) The integration and transformation process, to ensure an efficient and orderly consolidation of functions and personnel to the Department, including the development of a management integration strategy for the Department.''; and (3) in subsection (b)-- (A) in paragraph (1), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; and (B) in paragraph (2), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''. (c) Appointment, Evaluation, and Reappointment.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following: ``(c) Appointment, Evaluation, and Reappointment.--The Deputy Secretary of Homeland Security for Management-- ``(1) shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have-- ``(A) extensive executive level leadership and management experience in the public or private sector; ``(B) strong leadership skills; ``(C) a demonstrated ability to manage large and complex organizations; and ``(D) a proven record in achieving positive operational results; ``(2) shall-- ``(A) serve for a term of 5 years; and ``(B) be subject to removal by the President if the President-- ``(i) finds that the performance of the Deputy Secretary of Homeland Security for Management is unsatisfactory; and ``(ii) communicates the reasons for removing the Deputy Secretary of Homeland Security for Management to Congress before such removal; ``(3) may be reappointed in accordance with paragraph (1), if the Secretary has made a satisfactory determination under paragraph (5) for the 3 most recent performance years; ``(4) shall enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and ``(5) shall be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Deputy Secretary of Homeland Security for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (4).''. (d) Incumbent.--The individual who serves in the position of Under Secretary for Management of the Department of Homeland Security on the date of enactment of this Act-- (1) may perform all the duties of the Deputy Secretary of Homeland Security for Management at the pleasure of the President, until a Deputy Secretary of Homeland Security for Management is appointed in accordance with subsection (c) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by this Act; and (2) may be appointed Deputy Secretary of Homeland Security for Management, if such appointment is otherwise in accordance with sections 103 and 701 of the Homeland Security Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act. (e) References.--References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Under Secretary for Management of the Department of Homeland Security shall be deemed to refer to the Deputy Secretary of Homeland Security for Management. (f) Technical and Conforming Amendments.-- (1) Other reference.--Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''. (2) Table of contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to section 701 and inserting the following: ``Sec. 701. Deputy Secretary of Homeland Security for Management.''. (3) Executive schedule.--Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Homeland Security the following: ``Deputy Secretary of Homeland Security for Management.''.

Effective Homeland Security Management Act of 2007 - Amends the Homeland Security Act of 2002 to establish a Deputy Secretary of Homeland Security for Management (who shall assume many responsibilities of the current Under Secretary for Management), to be appointed by the President, by and with the advice and consent of the Senate, to serve as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management. Includes among the Deputy Secretary's responsibilities the integration and transformation process to ensure an efficient and orderly consolidation of Department of Homeland Security (DHS) functions and personnel, including the development of a management integration strategy.

A bill to establish a Deputy Secretary of Homeland Security for Management, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Detention of Youth Status Offenders Act of 2017''. SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS. Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended-- (1) in subsection (a)(11)-- (A) in the matter preceding subparagraph (A), by striking ``shall,''; (B) in subparagraph (A)-- (i) in clause (i), by adding ``and'' at the end; (ii) in clause (ii), by striking ``and'' at the end; (iii) by striking clause (iii); and (iv) in the matter following clause (iii), by striking ``and'' at the end; and (C) by adding at the end the following: ``(C) if a court determines that a juvenile should be placed in a secure detention facility or secure correctional facility for violating an order described in subparagraph (A)(ii)-- ``(i) the court shall issue a written order that-- ``(I) identifies the valid court order that the juvenile has violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated the order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention facility or secure correctional facility, with due consideration to the best interest of the juvenile; ``(IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or secure correctional facility; ``(V) includes a plan for the release of the juvenile from the secure detention facility or secure correctional facility; and ``(VI) may not be renewed or extended; and ``(ii) the court may not issue a subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); ``(D) there are procedures in place to ensure that a juvenile held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) does not remain in a secure detention facility or secure correctional facility longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; and ``(E) a juvenile status offender held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) may only be held in a secure detention facility or secure correctional facility 1 time in any 6-month period, provided that the conditions set forth in subparagraph (C) are satisfied.''; and (2) by adding at the end the following: ``(g) Additional Requirement.--Not later than 1 year after the date of enactment of this subsection, no State receiving a formula grant under this part may use a valid court order described in subsection (a)(11)(A)(ii) to place a juvenile status offender in a secure detention facility or secure correctional facility. A State that can demonstrate hardship as determined by the Administrator may submit to the Administrator an application for a single 1-year extension to comply with the requirement described in this subsection, which shall describe-- ``(1) the measurable progress and good faith effort in the State to reduce the number of juvenile status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order described in subsection (a)(11)(A)(ii); and ``(2) a plan to comply with the requirement described in this subsection not later than 1 year after the date the extension is granted.''.

Prohibiting Detention of Youth Status Offenders Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth. It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order, a three-day maximum length of detention, and a plan for release.

Prohibiting Detention of Youth Status Offenders Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Travelers Bill of Rights Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Site operator.--The term ``site operator'' means an individual or entity that operates a Web site that provides access to international travel services. Such term includes an overseas vacation destination or a third party that operates a Web site that offers international travel services. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) International travel services.--The term ``international travel services'' means a service that a consumer can use to reserve lodging at an overseas vacation destination. (4) Overseas vacation destination.--The term ``overseas vacation destination'' means a resort, hotel, retreat, hostel, or any other similar lodging outside the United States. (5) United states.--The term ``United States'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS. (a) In General.--A site operator, in a manner in compliance with regulations issued by the Commission and with the requirements of this Act, shall provide information on its Web site to consumers in a clear and conspicuous manner regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site, if any, including the following: (1) Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts. (2) Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination-- (A) employs or contracts with a physician or nurse on the premises to provide medical treatment for guests; (B) employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in cardiopulmonary resuscitation; (C) has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and (D) employs or contracts with 1 or more lifeguards on the premises trained in cardiopulmonary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests. (b) Services Not Available 24 Hours a Day.--If the onsite health and safety services at an overseas vacation destination are not available 24 hours a day, 7 days a week, the site operator shall display the hours and days of availability on its Web site in a clear and conspicuous manner. (c) Information Not Available.--If the onsite health and safety services described in subsection (a)(2) are not available at an overseas vacation destination, or if the site operator does not possess information on the onsite health and safety services required to be displayed on its Web site, the site operator shall display in a clear and conspicuous manner the following: ``This destination does not provide certain health and safety services, or information regarding such services is not available. Travel to this destination may pose an increased risk to your health or safety.''. SEC. 4. CONSUMER COMPLAINTS. (a) Suspension.--A site operator shall establish a process under which an overseas vacation destination will be suspended from its Web site as a result of complaints from consumers to the site operator regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues with respect to such destination. (b) Public Availability.--A site operator shall make all complaints submitted by consumers publicly available on its Web site and may modify the contents of such complaints at the request of the complainant or may remove offensive language and personal identification information. SEC. 5. ENFORCEMENT. (a) In General.--A violation of any provision of this Act 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)). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Deadline for Issuance of Regulations.--The Commission shall issue regulations to carry out this Act not later than 6 months after the date of the enactment of this Act.

International Travelers Bill of Rights Act of 2009 - Defines "site operator" as an individual or entity that operates a website providing access to international travel services, including an overseas vacation destination or a third party that operates a website offering international travel services. Requires a site operator to provide information in a clear and conspicuous way on its website regarding the health and safety risks of overseas vacation destinations marketed on the site, including the onsite health and safety services available and, if those services are not available 24 hours a day, the hours the services are available, if known. Requires a site operator to: (1) establish a process under which an overseas vacation destination will be suspended from its website as a result of consumer complaints regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues; and (2) make all such complaints publicly available on its website. Allows an operator to modify complaints at the request of the complainant and to remove offensive language and personal identification. Treats a violation as an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.

To require a site operator of an international travel Web site to provide information on its Web site to consumers regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site.

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

Bureau of Reclamation Transparency Act (Sec. 4) This bill directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau) and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Such Report must include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Interior may exclude from the public version of the Report any information that it identifies as sensitive or classified, but shall make available to specified congressional committees a version of the report containing the sensitive or classified information. (Sec. 5) Interior must: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding major repair and rehabilitation needs for transferred works, and (2) develop and implement a categorical rating system for transferred works that incorporates the rating system for major repair and rehabilitation needs for reserved works.

Bureau of Reclamation Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as ``Aimee's Law''. SEC. 2. DEFINITIONS. In this Act: (1) Dangerous sexual offense.--The term ``dangerous sexual offense'' means sexual abuse or sexually explicit conduct committed by an individual who has attained the age of 18 years against an individual who has not attained the age of 14 years. (2) Murder.--The term ``murder'' has the meaning given that term in section 1111 of title 18, United States Code. (3) Rape.--The term ``rape'' means any conduct constituting unlawful sexual intercourse with another individual without the consent of such other individual. (4) Sexual abuse.--The term ``sexual abuse'' has the meaning given that term in section 3509 of title 18, United States Code. (5) Sexual contact.--The term ``sexual contact'' has the meaning given that term in section 2246 of title 18, United States Code. (6) Sexually explicit conduct.--The term ``sexually explicit conduct'' has the meaning given that term in section 2256 of title 18, United States Code. SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN RELEASED FELONS. (a) Penalty.-- (1) In general.--Subject to paragraph (2), in any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any 1 of those offenses in another State, the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (2) Multiple states.--In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any 1 or more of those offenses in more than 1 other State, the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (b) State Applications.--In order to receive an amount transferred under subsection (a), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for 1 of those offenses in another State. (c) Source of Funds.--Any amount transferred under subsection (a) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule. (d) Construction.--Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution. (e) Exception.--This section does not apply if an individual convicted of murder, rape, or a dangerous sexual offense has escaped prison and subsequently been convicted for an offense described in subsection (a). SEC. 4. COLLECTION OF RECIDIVISM DATA. (a) In General.--Beginning with calendar year 1999, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State-- (1) the number of convictions during that calendar year for murder, rape, and any sex offense in the State in which, at the time of the offense, the victim had not attained the age of 14 years and the offender had attained the age of 18 years; and (2) the number of convictions described in paragraph (1) that constitute second or subsequent convictions of the defendant of an offense described in that paragraph. (b) Report.--Not later than March 1, 2000, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include-- (1) the information collected under subsection (a) with respect to each State during the preceding calendar year; and (2) the percentage of cases in each State in which an individual convicted of an offense described in subsection (a)(1) was previously convicted of another such offense in another State during the preceding calendar year.

Aimee's Law - Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one of those offenses in another State, to transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted such individual of the prior offense to the State that convicted that individual of the subsequent offense. Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one or more of those offenses in more than one other State, to transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense to the State that convicted that individual of the subsequent offense. Requires the chief executive officer of a State, in order to receive such transferred funds, to submit to the Attorney General an application including a certification that the State has convicted of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for one of those offenses in another State. Specifies that any such transferred amount shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. Directs the Attorney General to establish a payment schedule. Makes such provisions inapplicable if an individual convicted of murder, rape, or a dangerous sexual offense has escaped and subsequently been convicted for such an offense. (Sec. 4) Directs the Attorney General to: (1) collect and maintain information relating to the number of convictions (during the calendar year) for murder, rape, and any sex offense in the State in which, at the time of the offense, the victim had not attained age 14 and the offender had attained age 18, and the number of such convictions that constitute second or subsequent convictions of the defendant of such an offense; and (2) report to Congress.

Aimee's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Science and Technology Competitiveness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States is losing its dominance in the sciences and technology, and faces serious challenges from highly educated foreign competitors. (2) The workforce of the United States must be better prepared for the scientifically and technologically advanced competition of the global economy. (3) New scientific knowledge is the engine of American technological innovation, national security, economic growth, and prosperity. (4) The competitiveness of the United States depends on strengthening and expanding postsecondary educational efforts in science, math, engineering, and technology. (5) Shortages of scientifically and technologically educated workers will be best addressed through partnerships between the Nation's associate degree-granting colleges and public four-year colleges and universities. (6) Enlarging the traditional role of community colleges in workforce training by developing seamless transitions from occupational competency or certificate programs to associate degree programs in math, science, engineering, and technology. SEC. 3. ARTICULATION AGREEMENT PROGRAM. Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 486 (20 U.S.C. 1093) the following new section: ``SEC. 486A. ARTICULATION AGREEMENT PROGRAM. ``(a) Purpose; Definition.-- ``(1) Purpose.--The purpose of this section is to strengthen and expand scientific and technological education capabilities of associate-degree-granting public institutions of higher education through the establishment of partnership arrangements with bachelor-degree-granting public institutions of higher education. ``(2) Definition.--For the purposes of this section, the term `articulation agreement' means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements. ``(b) Program Authorized.-- ``(1) Grants to public institutions.--From the sums appropriated under subsection (g), the Secretary shall award grants under this section to public institutions of higher education for the support of programs to establish and implement statewide articulation agreements in accordance with subsection (d). ``(2) Eligibility of private institutions to participate in agreements.--Nothing in this section shall be construed to preclude a nonprofit or for-profit private institution of higher education from participating in the development and implementation of a statewide articulation agreement under subsection (d). ``(c) Applications.--Each institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ``(d) Use of Funds.--Funds provided by grant under this section may be used-- ``(1) to establish statewide articulation agreements in math, science, engineering, and technology among public 2-year institutions and public 4-year institutions to provide a seamless transition for the transfer of students from the public 2-year institutions to the public 4-year institutions by having both such types of institutions provide and use a common core curricula that reflects the workforce needs of private industry; ``(2) to establish articulation agreements within community colleges between occupational competency or certification programs and associate degree programs in math, science, engineering, and technology to increase the proportion of students who enroll to complete their associates degree; ``(3) to collect data on transfers from 2-year institutions to 4-year institutions on a regular basis and to submit such data to commissioners or departments of higher education, for transmission by such commissioners and departments to the Secretary, in order to monitor program progress and success; ``(4) to develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and ``(5) to develop a plan for professional development of 2- year college faculty, including inter-institutional workshops, consultations, and professional meetings. ``(e) Evaluations and Reports.--The Secretary shall collect from State commissioners and departments the data provided by grant recipients under subsection (d)(3) for the purposes of evaluating the success of the program authorized by this section. The Secretary shall submit a report on the results of such evaluation to the Congress not later than 2 years after the end of the first fiscal year for which funds are made available for grants under this section. ``(f) Additional Definition.--The Secretary shall by regulation define the term `degree programs in math, science, engineering, and technology'. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Higher Education Science and Technology Competitiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants to public institutions of higher education to establish and implement statewide articulation agreements that provide a seamless transition for the transfer of students from two-year institutions to four-year institutions through a common core curricula in math, science, engineering, and technology that reflects the workforce needs of private industry.

To strengthen and expand scientific and technological education capabilities of associate-degree-granting colleges through the establishment of partnership arrangements with bachelor-degree-granting institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First State National Historical Park Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historical park.--The term ``historical park'' means the First State National Historical Park established by section 3(a)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means-- (A) the State of Delaware; and (B) in the case of the property described in section 3(b)(8), the States of Delaware and Pennsylvania. SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (3), there is established the First State National Historical Park, to be administered as a unit of the National Park System. (2) Purposes.--The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with-- (A) early Dutch, Swedish, and English settlement of the Colony of Delaware and portions of the Colony of Pennsylvania; and (B) the role of Delaware -- (i) in the birth of the United States; and (ii) as the first State to ratify the Constitution. (3) Determination by secretary.-- (A) In general.--The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) Notice.--Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) Availability of map.--The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic Sites.--The Secretary may include the following sites within the boundary of the historical park as generally depicted on the maps numbered 1 through 6, entitled ``First State National Historical Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA'' and ``First State National Historical Park, Woodlawn'', numbered T19/ 80,000G, and dated February 2013: (1) The Old Sherriff's House in New Castle County, Delaware, as depicted on map 4 of 6. (2) Fort Christina National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (4) Old New Castle Courthouse in New Castle, Delaware, as depicted on map 4 of 6. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware, as depicted on map 5 of 6. (6) Dover Green in Kent County, Delaware, as depicted on map 5 of 6. (7) Ryves Holt House in Sussex County, Delaware, as depicted on map 6 of 6. (8) The Woodlawn property in New Castle County, Delaware, and Delaware County, Pennsylvania, as depicted on map 2 of 6. (9) Old New Castle Green, in New Castle, Delaware, as depicted on map 4 of 6. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the historical park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Land Acquisition.-- (1) Methods.-- (A) In general.--Except as provided in subparagraph (B), the Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (B) Donation only.-- (i) Proposed nps site.--The Secretary may acquire only by donation all or a portion of the property identified as ``Proposed NPS Site'' on map 2 of 6 entitled ``First State National Historical Park, Woodlawn'', numbered T19/80,000G, and dated February 2013, including easements or other interests in land. (ii) Area for potential addition by donation.--The Secretary may acquire only by donation all or a portion of the property identified as ``Area for Potential Addition by Donation'' on map 2 of 6 entitled ``First State National Historical Park, Woodlawn'', numbered T19/80,000G, and dated February 2013. (2) Boundary adjustment.--On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive Tours.--The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including-- (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative Agreements.-- (1) In general.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) Cost-sharing requirement.-- (A) Federal share.--The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) Form of non-federal share.--The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management Plan.-- (1) In general.--Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) Applicable law.--The management plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) and other applicable laws. SEC. 5. NATIONAL LANDMARK STUDY. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements.--The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 7. OFFSET. Section 7302(f) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 469n(f)) is amended by inserting before the period at the end the following: ``, except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the First State National Historical Park Act shall be reduced by $6,500,000''.

First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and parts of the colony of Pennsylvania and Delaware's role in the birth of the United States and as the first state to ratify the Constitution. Bars the establishment of the Park until it is determined that sufficient land or interests have been acquired from among specified historic sites within the boundary of the Park to constitute a manageable park unit. Instructs the Secretary to publish a notice in the Federal Register of the Park's establishment, including an official boundary map. Allows the the Secretary to acquire: (1) by purchase from a willing seller, donation, or exchange, all or a part of any of such sites, including easements or other interests; and (2) by donation only, all or a part of the property identified as "Proposed NPS (National Park Service) Site," including easements or other interests, and the property identified as "Area for Potential Addition by Donation." Adjusts the boundary of the Park to reflect the acquisition of lands or interests in such sites. Authorizes the Secretary to: (1) provide interpretive tours to sites and resources in Delaware and Pennsylvania located outside the Park's boundary and associated with the purposes for which the Park is established under this Act; and (2) enter into cooperative agreements with Delaware and Pennsylvania and other specified entities to mark, interpret, and restore nationally significant historic or cultural resources within the Park, if those agreements provide for reasonable public access to such resources. Limits the federal share of the total cost of any activity carried out under such an agreement to 50% of that cost. Permits the non-federal share to be in the form of in-kind contributions or goods or services fairly valued. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware and Pennsylvania associated with the Park. Requires such study to include an assessment of the potential for designating such properties as National Historic Landmarks. Authorizes appropriations. Amends the Omnibus Public Land Management Act of 2009 to state that the amount authorized to be appropriated to carry out the Preserve America program not appropriated as of this Act's enactment date shall be reduced by $6.5 million.

First State National Historical Park Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Transparency Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the ``Asset Management Plan''; and (5) actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. SEC. 3. DEFINITIONS. In this Act: (1) Asset.-- (A) In general.--The term ``asset'' means any of the following assets that are used to achieve the mission of the Bureau of Reclamation to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions.--The term ``asset'' includes assets described in subparagraph (A) that are considered to be mission critical. (2) Asset management report.--The term ``Asset Management Report'' means-- (A) the annual plan prepared by the Bureau of Reclamation known as the ``Asset Management Plan''; and (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3) Major repair and rehabilitation need.--The term ``major repair and rehabilitation need'' means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance. (4) Reclamation facility.--The term ``Reclamation facility'' means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project. (5) Reclamation project.--The term ``Reclamation project'' means a project that is owned by the Bureau of Reclamation, including all reserved works and transferred works owned by the Bureau of Reclamation. (6) Reserved works.--The term ``reserved works'' means buildings, structures, facilities, or equipment that are owned by the Bureau of Reclamation for which operations and maintenance are performed by employees of the Bureau of Reclamation or through a contract entered into by the Bureau of Reclamation, regardless of the source of funding for the operations and maintenance. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Transferred works.--The term ``transferred works'' means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation. SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that-- (1) describes the efforts of the Bureau of Reclamation-- (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment.-- (1) In general.--The Asset Management Report submitted under subsection (a) shall include-- (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions.--To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include-- (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements.-- (A) In general.--The system for assigning ratings under paragraph (2)(B) shall be-- (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance.--As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability.--Except as provided in paragraph (5), the Secretary shall make publically available, including on the Internet, the Asset Management Report required under subsection (a). (5) Confidentiality.--Subject to the discretion of the Secretary, the Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates.--Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d) Consultation.--The Secretary shall consult with the Secretary of the Army (acting through the Chief of Engineers) to the extent that the consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c). SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS. (a) In General.--The Secretary shall coordinate with the non- Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to the condition of, and planned maintenance for, transferred works that are similar to the reporting requirements described in section 4(b). (b) Guidance.-- (1) In general.--After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for reserved works developed under section 4(b)(3). (2) Updates.--The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c). SEC. 6. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $2,000,000. Passed the Senate December 16, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 1800 _______________________________________________________________________ AN ACT To require the Secretary of the Interior to submit to Congress a report on the efforts of the Bureau of Reclamation to manage its infrastructure assets.

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

Bureau of Reclamation Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ruth Moore Act of 2013''. SEC. 2. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA. (a) Standard of Proof.--Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) In the case of any veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. ``(2) For purposes of this subsection, in the absence of clear and convincing evidence to the contrary, and provided that the claimed military sexual trauma is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed military sexual trauma. ``(3) In this subsection: ``(A) The term `covered mental health condition' means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. ``(B) The term `military sexual trauma' means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.''. (b) Annual Reports.-- (1) In general.--Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma ``(a) Reports.--Not later than December 1, 2014, and each year thereafter through 2018, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year. ``(b) Elements.--Each report under subsection (a) shall include the following: ``(1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. ``(2) Of the covered claims listed under paragraph (1), the number and percentage of such claims-- ``(A) submitted by each sex; ``(B) that were approved, including the number and percentage of such approved claims submitted by each sex; and ``(C) that were denied, including the number and percentage of such denied claims submitted by each sex. ``(3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, listed by each sex, of claims assigned to each rating percentage. ``(4) Of the covered claims listed under paragraph (1) that were denied-- ``(A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; and ``(B) the number of denials that were based on the failure of a veteran to report for a medical examination. ``(5) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. ``(6) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. ``(7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training. ``(c) Definitions.--In this section: ``(1) The term `covered claims' means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. ``(2) The term `covered mental health condition' has the meaning given that term in subparagraph (A) of section 1154(c)(3) of this title. ``(3) The term `military sexual trauma' has the meaning given that term in subparagraph (B) of such section.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1164. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma.''. (c) Effective Date.--Subsection (c) of section 1154 of title 38, United States Code, as added by subsection (a), shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act.

Ruth Moore Act of 2013 - Directs the Secretary of Veterans Affairs (VA), in any case in which a veteran claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active duty, to accept as sufficient proof of service-connection a diagnosis by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such condition is related to such trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and to resolve every reasonable doubt in favor of the veteran. Allows such service-connection to be rebutted by clear and convincing evidence to the contrary. Includes as a "covered mental health condition" post-traumatic stress disorder, anxiety, depression, or any other mental health diagnosis that the Secretary determines to be related to military sexual trauma. Requires the Secretary to report annually to Congress in each of 2014 through 2018 on covered claims submitted.

Ruth Moore Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Mental Health Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 100 million Americans currently have some sort of brain-related condition. Millions of Americans, many of whom are currently school children, have some sort of developmental delay, autism, or learning disability. (2) Moreover, many Americans suffer from some form of psychotic disorder, including schizophrenia and affective psychotic disorders. (3) These brain disorders usually result in significant life-long disability, and psychotic disorders in particular, despite advances in treatment, rank among the top causes of disability worldwide. (4) Neuroscience research has the potential to dramatically improve the quality of life for people facing brain disease and injury, and to significantly improve our understanding of learning. (5) Because of the impact on the health and economy of the country, the Federal Government has taken a special interest in promoting neuroscience and mental health research. Several Federal agencies, including the National Science Foundation, National Institutes of Health (NIH), Veterans Administration, and Department of Defense oversee research on the brain and nervous system. (6) In December 2011, Congress directed the Office of Science and Technology Policy to establish an Interagency Working Group on Neuroscience (IWGN). The IWGN is currently convening representatives across the Federal Government to make recommendations about the future of neuroscience research. (7) Given the findings about the role of mental illness in multiple shootings across the Nation, including Newton, Connecticut, Aurora, Colorado, and other communities experiencing similar tragedies, the Federal Government has an interest in pursuing research on the early detection, intervention, and prevention of psychosis. (8) In line with this, the Federal Government is looking for new ways of increasing the Nation's knowledge of the underlying causes of psychosis. (9) The United States commitment to furthering the early detection of mental illness in youth was seen in its participation in two public/private research programs that studied the earliest stages of psychotic illness, namely-- (A) the North American Prodrome Longitudinal Study (NAPLS); and (B) the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. SEC. 3. YOUTH MENTAL HEALTH RESEARCH NETWORK. (a) Youth Mental Health Research Network.-- (1) Network.--The Director of the National Institutes of Health may provide for the establishment of a Youth Mental Health Research Network for the conduct or support of-- (A) youth mental health research; and (B) youth mental health intervention services. (2) Collaboration by institutes and centers.--The Director of NIH shall carry out this Act acting-- (A) through the Director of the National Institute of Mental Health; and (B) in collaboration with other appropriate national research institutes and national centers that carry out activities involving youth mental health research. (3) Mental health research.-- (A) In general.--In carrying out paragraph (1), the Director of NIH may award cooperative agreements, grants, and contracts to State, local, and tribal governments and private nonprofit entities for-- (i) conducting, or entering into consortia with other entities to conduct-- (I) basic, clinical, behavioral, or translational research to meet unmet needs for youth mental health research; or (II) training for researchers in youth mental health research techniques; (ii) providing, or partnering with non- research institutions or community-based groups with existing connections to youth to provide, youth mental health intervention services; and (iii) collaborating with the National Institute of Mental Health to make use of, and build on, the scientific findings and clinical techniques of the Institute's earlier programs, studies, and demonstration projects. (B) Research.--The Director of NIH shall ensure that-- (i) each recipient of an award under subparagraph (A)(i) conducts or supports at least one category of research described in subparagraph (A)(i)(I) and collectively such recipients conduct or support all such categories of research; and (ii) one or more such recipients provide training described in subparagraph (A)(i)(II). (C) Number of award recipients.--The Director of NIH may make awards under this paragraph for not more than 70 entities. (D) Supplement, not supplant.--Any support received by an entity under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (E) Duration of support.--Support of an entity under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended by the Director of NIH for additional periods of not more than 5 years. (4) Coordination.--The Director of NIH shall-- (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the recipients of awards under this subsection; and (B) require the periodic preparation and submission to the Director of reports on the activities of each such recipient. (b) Intervention Services for, and Research on, Severe Mental Illness.-- (1) In general.--In making awards under subsection (a)(3), the Director of NIH shall ensure that an appropriate number of such awards are awarded to entities that agree to-- (A) focus primarily on the early detection and intervention of severe mental illness in young people; (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early severe mental illness in a community setting; (C) rapidly and efficiently disseminate scientific findings resulting from such trials; and (D) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. (2) Data coordinating center.-- (A) Establishment.--In connection with awards to entities described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (iv) To provide assistance to the Centers for Disease Control and Prevention in the establishment of patient registries. (B) Reporting.--The Director of NIH shall-- (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH on research conducted by entities described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director's biennial reports under section 403 of the Public Health Service Act (42 U.S.C. 283). (c) Definitions.--In this Act, the terms ``Director of NIH'', ``national center'', and ``national research institute'' have the meanings given to such terms in section 401 of the Public Health Service Act (42 U.S.C. 281). (d) Authorization of Appropriations.--To carry out this Act, there is authorized to be appropriated $25,000,000 for each of fiscal years 2015 through 2019.

Youth Mental Health Research Act - Authorizes the Director of the National Institutes of Health (NIH) to: (1) provide for the establishment of a Youth Mental Health Research Network for the conduct or support of youth mental health research and intervention services; and (2) carry out this Act by acting through the Director of the National Institute of Mental Health (NIMH) (the Director) in collaboration with other national research institutes and centers that conduct youth mental health research. Authorizes the Director to award cooperative agreements, grants, and contracts to governments and private nonprofit entities for: (1) conducting research to meet unmet needs for youth mental health research or training for researchers in youth mental health research techniques; (2) providing youth mental health intervention services; and (3) collaborating with NIMH to build on the scientific findings and clinical techniques of earlier programs, studies, and demonstration projects. Limits: (1) the number of entities that may be awarded support to 70; and (2) the duration of such support to 5 years, subject to an extension. Requires the Director to ensure that an appropriate number of awards go to entities that agree to: (1) focus primarily on the early detection and intervention of severe mental illness in young people; (2) conduct or coordinate multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early severe mental illness in a community setting; (3) disseminate scientific findings; and (4) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. Requires the Director to: (1) establish a data coordinating center, (2) require the center to provide regular reports on research conducted, and (3) incorporate information reported into the Director of NIH's biennial reports.

Youth Mental Health Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Child Well-Being Research Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The well-being of children is a paramount concern for our Nation and for every State, and most programs for children and families are managed at the State or local level. (2) Child well-being varies over time and across social, economic, and geographic groups, and can be affected by changes in the circumstances of families, by the economy, by the social and cultural environment, and by public policies and programs at the Federal, State, and local level. (3) States, including small States, need information about child well-being that is specific to their State and that is up-to-date, cost-effective, and consistent across States and over time. (4) Regular collection of child well-being information at the State level is essential so that Federal and State officials can track child well-being over time. (5) Information on child well-being is necessary for all States, particularly small States that do not have State-level data in other federally supported databases. Information is needed on the well-being of all children, not just children participating in Federal programs. (6) Telephone surveys of parents represent a relatively cost-effective strategy for obtaining information on child well-being at the State level for all States, including small States, and can be conducted alone or in mixed mode strategy with other survey techniques. (7) Data from telephone surveys of the population are currently used to monitor progress toward many important national goals, including immunization of preschool children with the National Immunization Survey, and the identification of health care issues of children with special needs with the National Survey of Children with Special Health Care Needs. (8) A State-level telephone survey, alone or in combination with other techniques, can provide information on a range of topics, including children's social and emotional development, education, health, safety, family income, family employment, and child care. Information addressing marriage and family structure can also be obtained for families with children. Information obtained from such a survey would not be available solely for children or families participating in programs but would be representative of the entire State population and consequently, would not only inform welfare policymaking, but policymaking on a range of other important issues, such as child care, child welfare, child health, family formation, and education. SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING. Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following: ``(k) Indicators of Child Well-Being.-- ``(1) In general.--The Secretary shall develop comprehensive indicators to assess child well-being in each State by directing the Director of the Maternal and Child Health Bureau of the Health Resources and Services Administration (in this subsection referred to as the `Director') to expand the National Survey of Children's Health. ``(2) Requirements.-- ``(A) In general.--The indicators developed under paragraph (1) shall include measures related to the following: ``(i) Education. ``(ii) Social and emotional development. ``(iii) Physical and mental health and safety. ``(iv) Family well-being, such as family structure, income, employment, child care arrangements, and family relationships. ``(B) Collection requirements.--The data collected with respect to the indicators developed under paragraph (1) shall be-- ``(i) statistically representative at the State and National level; ``(ii) consistent across States; ``(iii) collected on an annual basis for at least the 5 years following the first year of collection; ``(iv) measured with reliability; ``(v) current; ``(vi) over-sampled, with respect to low- income children and families, so that subgroup estimates can be produced by a variety of income categories (such as for 50, 100, and 200 percent of the poverty level, and for children of varied ages, such as 0-5, 6-11, and 12-17 years of age); and ``(vii) made publicly available. ``(C) Other requirements.-- ``(i) Publication.--The data collected with respect to the indicators developed under paragraph (1) shall be published as both actual numbers and expressed in terms of rates or percentages. ``(ii) Sample sizes.--Sample sizes used for the collected data shall be adequate for microdata on the categories included in clause (vi) to be made publicly available without violating confidentiality standards. ``(D) Consultation.-- ``(i) In general.--In developing the indicators required under paragraph (1) and the means to collect the data required with respect to the indicators, the Secretary shall require the Director to consult and collaborate with a subcommittee of the Federal Interagency Forum on Child and Family Statistics, which shall include representatives with expertise on all the domains of child well-being described in subparagraph (A). The subcommittee shall have appropriate staff assigned to work with the Maternal and Child Health Bureau during the design phase of the survey. ``(ii) Duties.--The Director shall consult with the subcommittee referred to in clause (i) with respect to the design, content, and methodology for the development of the indicators required under paragraph (1) and the collection of data regarding the indicators, and the availability or lack thereof of similar data through other Federal data collection efforts. ``(iii) Costs.--Costs incurred by the subcommittee with respect to the development of the indicators and the collection of data related to the indicators shall be treated as costs of the National Survey of Children's Health. ``(3) Advisory panel.-- ``(A) Establishment.--The Secretary shall require the Director to establish, with the advice of the Federal Interagency Forum on Child and Family Statistics, an advisory panel of experts to make recommendations regarding the appropriate measures, methods, dissemination strategies, and statistical tools necessary for making the assessment required under paragraph (1) based on the indicators developed under that paragraph and the data collected with respect to the indicators. ``(B) Membership.-- ``(i) In general.--The advisory panel established under subparagraph (A) shall include experts on each of the domains of child well-being described in paragraph (2)(A), experts on child indicators, experts from State agencies and from nonprofit organizations that use child indicator data at the State level, and experts on survey methodology. ``(ii) Deadline.--The members of the advisory panel shall be appointed not later than 2 months after the date of enactment of the State Child Well-Being Research Act of 2007. ``(C) Meetings.--The advisory panel established under subparagraph (A) shall meet-- ``(i) at least 3 times during the first year after the date of enactment of the State Child Well-Being Research Act of 2007; and ``(ii) annually thereafter for the 4 succeeding years. ``(4) Authorization of appropriations.--There are authorized to be appropriated for each of fiscal years 2008 through 2012, $20,000,000 for the purpose of carrying out this subsection.''.

State Child Well-Being Research Act of 2007 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require the Secretary of Health and Human Services to develop comprehensive indicators to assess child well-being in each state. Directs the Secretary to establish an advisory panel to make recommendations regarding the appropriate measures and statistical tools necessary for making such assessment.

A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act may be cited as the ``Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act''. SEC. 2. IMPROVING CALCULATION, OVERSIGHT, AND ACCOUNTABILITY OF NON-DSH SUPPLEMENTAL PAYMENTS UNDER THE MEDICAID PROGRAM. (a) Guidance for States on Non-DSH Supplemental Payments; State Reporting and Auditing Requirements.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa)(1) Not later than 180 days after the date of the enactment of this subsection, the Secretary shall-- ``(A) issue guidance to States that identifies permissible methods for calculation of non-DSH supplemental payments to providers to ensure such payments are consistent with section 1902(a)(30)(A) (including any regulations issued under such section such as the regulations specifying upper payment limits under the State plan in part 447 of title 42, Code of Federal Regulations (or any successor regulations)); ``(B) establish annual reporting requirements for States making non-DSH supplemental payments that include-- ``(i) with respect to a provider that is a hospital, nursing facility, intermediate care facility for the mentally retarded, or an institution for mental diseases, or any other institution, an identification of each provider that received a non-DSH supplemental payment for the preceding fiscal year, the type of ownership or operating authority of each such provider, and the aggregate amount of such payments received by each provider for the preceding fiscal year broken out by category of service; ``(ii) with respect a provider that is not described in clause (i), any information specified in the preceding paragraph, as determined appropriate by the Secretary; and ``(iii) such other information as the Secretary determines to be necessary to ensure that non-DSH supplemental payments made to providers under this section are consistent with section 1902(a)(30)(A); and ``(C) establish requirements for States making non-DSH supplemental payments to conduct and submit to the Secretary an annual independent certified audit that verifies-- ``(i) the extent to which non-DSH supplemental payments made in the preceding fiscal year are consistent with the guidance issued under subparagraph (A); ``(ii) that payments made under the State plan (or under a waiver of the plan) are only for the provision of covered services to eligible individuals under the State plan (or under a waiver of the plan); and ``(iii) any other information the Secretary determines is necessary to ensure non-DSH supplemental payments are consistent with applicable Federal laws and regulations. ``(2) For purposes of this subsection, the term `non-DSH supplemental payment' means a payment, other than a payment under section 1923, that-- ``(A) is identified by the Secretary through guidance described in paragraph (1)(A); ``(B) is made by a State to a provider under the State plan (or under a waiver of the plan) for an item or service furnished to an individual eligible for medical assistance under the State plan (or under a waiver of the plan); and ``(C) is in addition to any base or standard payments made to a provider under the State plan (or under a waiver of the plan) for such an item or service, including any additional payments made to such provider that are not more than any limits imposed pursuant to section 1902(a)(30)(A) (including the regulations specifying upper payment limits under the State plan in part 447 of title 42, Code of Federal Regulations (or any successor regulations)).''. (b) State Reporting and Auditing of Non-DSH Supplemental Payments.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (26), by striking ``or'' at the end; (2) by redesignating paragraph (27) as paragraph (28); and (3) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to amounts expended to make any non-DSH supplemental payment (as defined in subsection (aa)(2)), unless the State complies with the reporting and auditing requirements under subparagraphs (B) and (C) of subsection (aa)(1); or''.

Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act This bill amends title XIX (Medicaid) of the Social Security Act to direct the Centers for Medicare & Medicaid Services to: (1) issue guidance to states that identifies permissible methods for calculating certain supplemental payments, excluding disproportionate-share payments, made by state Medicaid programs to providers; and (2) establish annual reporting and auditing requirements for states making such supplemental payments. Federal payment with respect to such supplemental payments shall be conditioned upon a state's compliance with these reporting and auditing requirements.

Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burt Lake Band of Ottawa and Chippewa Indians Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Burt Lake Band of Ottawa and Chippewa Indians are descendants and political successors to the signatories of the 1836 Treaty of Washington and the 1855 Treaty of Detroit. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the signatories to the 1836 Treaty of Washington and the 1855 Treaty of Detroit, have been recognized by the Federal Government as distinct Indian tribes. (3) The Burt Lake Band of Ottawa and Chippewa Indians consists of over 600 eligible members who continue to reside close to their ancestral homeland as recognized in the Cheboygan Reservation in the 1836 Treaty of Washington and 1855 Treaty of Detroit, which area is now known as Cheboygan County, Michigan. (4) The Band continues its political and social existence with a viable tribal government. The Band, along with other Michigan Odawa/Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. The Association subsequently pursued a successful land claim with the Indian Claims Commission. (5) Between 1948 and 1975, the Band carried out many of their governmental functions through the Northern Michigan Ottawa Association, while retaining individual Band control over local decisions. (6) In 1975, the Northern Michigan Ottawa Association petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), to form a government on behalf of the Band. Again, in spite of the Band's eligibility, the Bureau of Indian Affairs failed to act. (7) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Band from 1836 to the present. SEC. 3. DEFINITIONS. For purposes of this Act the following definitions apply: (1) Band.--The term ``Band'' means the Burt Lake Band of Ottawa and Chippewa Indians. (2) Member.--The term ``member'' means those individuals enrolled in the Band pursuant to section 7. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Burt Lake Band of Ottawa and Chippewa Indians is hereby reaffirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''), which are inconsistent with any specific provision of this Act shall not be applicable to the Band and its members. (b) Federal Services and Benefits.-- (1) In general.--The Band and its members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Band and its members without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.--For purposes of the delivery of Federal services to the enrolled members of the Band, the area of the State of Michigan within 70 miles of the boundaries of the reservation for the Burt Lake Band as set out in article I, paragraph ``seventh'' of the Treaty of 1855 (11 Stat. 621), shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Band and its members, which may have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Band or of its members that existed before the date of the enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Band may have to enforce any right or privilege reserved by or granted to the Band which was wrongfully denied to or taken from the Band before the enactment of this Act. SEC. 6. TRIBAL LANDS. The Band's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Band and shall become part of the Band's reservation. SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Band shall submit to the Secretary a membership roll consisting of all individuals currently enrolled for membership in the Band. The qualifications for inclusion on the membership roll of the Band shall be determined by the membership clauses in the Band's governing document, in consultation with the Secretary. Upon completion of the roll, the Secretary shall immediately publish notice of such in the Federal Register. The Band shall ensure that such roll is maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct by secret ballot elections for the purpose of adopting a new constitution for the Band. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly referred to as the ``Indian Reorganization Act''). (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Band. (b) Officials.-- (1) Elections.--Not later than 6 months after the Band adopts their constitution and bylaws pursuant to subsection (a), the Band shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the Band's governing constitution. The elections shall be conducted according to the procedures described in the Band's constitution and bylaws. (2) Interim governments.--Until such time as the Band elects new officials pursuant to paragraph (1), the Band's governing bodies shall be those bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Band.

Burt Lake Band of Ottawa and Chippewa Indians Act - Reaffirms Federal recognition and the rights and privileges of the Burt Lake Band of Ottawa and Chippewa Indians (in the State of Michigan). Entitles such Band to the Federal services and benefits provided to recognized Indians. Provides for lands to be acquired and held in trust for the Band by the Secretary of the Interior.

To reaffirm and clarify the Federal relationship of the Burt Lake Band as a distinct federally recognized Indian Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Capital Standards Clarification Act of 2014''. SEC. 2. CLARIFICATION OF APPLICATION OF LEVERAGE AND RISK-BASED CAPITAL REQUIREMENTS. Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371) is amended-- (1) in subsection (a), by adding at the end the following: ``(4) Business of insurance.--The term `business of insurance' has the same meaning as in section 1002(3). ``(5) Person regulated by a state insurance regulator.--The term `person regulated by a State insurance regulator' has the same meaning as in section 1002(22). ``(6) Regulated foreign subsidiary and regulated foreign affiliate.--The terms `regulated foreign subsidiary' and `regulated foreign affiliate' mean a person engaged in the business of insurance in a foreign country that is regulated by a foreign insurance regulatory authority that is a member of the International Association of Insurance Supervisors or other comparable foreign insurance regulatory authority as determined by the Board of Governors following consultation with the State insurance regulators, including the lead State insurance commissioner (or similar State official) of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners, where the person, or its principal United States insurance affiliate, has its principal place of business or is domiciled, but only to the extent that-- ``(A) such person acts in its capacity as a regulated insurance entity; and ``(B) the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate. ``(7) Capacity as a regulated insurance entity.--The term `capacity as a regulated insurance entity'-- ``(A) includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and ``(B) does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority.''; and (2) by adding at the end the following new subsection: ``(c) Clarification.-- ``(1) In general.--In establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity. ``(2) Rule of construction on board's authority.--This subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors. ``(3) Rule of construction on accounting principles.-- ``(A) In general.--A depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator that is engaged in the business of insurance that files financial statements with a State insurance regulator or the National Association of Insurance Commissioners utilizing only Statutory Accounting Principles in accordance with State law, shall not be required by the Board under the authority of this section or the authority of the Home Owners' Loan Act to prepare such financial statements in accordance with Generally Accepted Accounting Principles. ``(B) Preservation of authority.--Nothing in subparagraph (A) shall limit the authority of the Board under any other applicable provision of law to conduct any regulatory or supervisory activity of a depository institution holding company or non-bank financial company supervised by the Board of Governors, including the collection or reporting of any information on an entity or group-wide basis. Nothing in this paragraph shall excuse the Board from its obligations to comply with section 161(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5361(a)) and section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)), as appropriate.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on June 3, 2014. Insurance Capital Standards Clarification Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) concerning establishment of minimum leverage and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors of the Federal Reserve System. States that federal banking agencies shall not be required to subject any person to such minimum capital requirements, to the extent that such person either: (1) acts in its capacity as a regulated insurance entity regulated by a state insurance regulator, or (2) is a regulated foreign subsidiary engaged in the business of insurance (including a regulated foreign affiliate of such subsidiary). States that a Board-supervised depository institution holding company or nonbank financial company engaged in the insurance business and regulated by either a state insurance regulator or the National Association of Insurance Commissioners, and which files its holding company financial statements using only Statutory Accounting Principles pursuant to state law, shall not be required by the Board, under this Act or the Home Owners' Loan Act (HOLA), to prepare such financial statements in accordance with Generally Accepted Accounting Principles. Declares that nothing in this Act shall: (1) limit Board authority to conduct any regulatory or supervisory activity of either a depository institution holding company or a non-bank financial company under Board jurisdiction, including the collecting or reporting of any information on an entity or group-wide basis; or (2) excuse the Board from its obligations to comply with Dodd-Frank requirements regarding examination of nonbank financial companies and HOLA requirements regarding examination of savings and loan holding companies.

Insurance Capital Standards Clarification Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Repatriation Act''. SEC. 2. TIMELY REPATRIATION. (a) Listing of Countries.--Beginning on the date that is 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of Homeland Security shall publish a report including the following: (1) A list of the following: (A) Countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country since the date of enactment of this Act and the total number of such aliens, disaggregated by nationality. (B) Countries that have an excessive repatriation failure rate. (2) A list of each country that was included under subparagraph (B) or (C) of paragraph (1) in both the report preceding the current report and the current report. (b) Sanctions.--Beginning on the date that a country is included in a list under subsection (a)(2) and ending on the date that that country is not included in such list, that country shall be subject to the following: (1) The Secretary of State may not issue visas under section 101(a)(15)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants, personal employees, and members of their immediate families, of the officials and employees of that country who receive nonimmigrant status under clause (i) or (ii) of section 101(a)(15)(A) of such Act. (2) Each 6 months thereafter that the country is included in that list, the Secretary of State shall reduce the number of visas available under clause (i) or (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act in a fiscal year to nationals of that country by an amount equal to 10 percent of the baseline visa number for that country. Except as provided under section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253), the Secretary may not reduce the number to a level below 20 percent of the baseline visa number. (c) Waivers.-- (1) National security waiver.--If the Secretary of State submits to Congress a written determination that significant national security interests of the United States require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number. The Secretary of Homeland Security may not delegate the authority under this subsection. (2) Temporary exigent circumstances.--If the Secretary of State submits to Congress a written determination that temporary exigent circumstances require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number during 6-month renewable periods. The Secretary of Homeland Security may not delegate the authority under this subsection. (d) Exemption.--The Secretary of Homeland Security, in consultation with the Secretary of State, may exempt a country from inclusion in a list under subsection (a)(2) if the total number of nonrepatriations outstanding is less than 10 for the preceding 3-year period. (e) Unauthorized Visa Issuance.--Any visa issued in violation of this section shall be void. (f) Notice.--If an alien who has been convicted of a criminal offense before a Federal or State court whose repatriation was refused or unreasonably delayed is to be released from detention by the Secretary of Homeland Security, the Secretary shall provide notice to the State and local law enforcement agency for the jurisdictions in which the alien is required to report or is to be released. When possible, and particularly in the case of violent crime, the Secretary shall make a reasonable effort to provide notice of such release to any crime victims and their immediate family members. (g) Definitions.--For purposes of this section: (1) Refused or unreasonably delayed.--A country is deemed to have refused or unreasonably delayed the acceptance of an alien who is a citizen, subject, national, or resident of that country if, not later than 90 days after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request, the country does not accept the alien or issue valid travel documents. (2) Failure rate.--The term ``failure rate'' for a period means the percentage determined by dividing the total number of repatriation requests for aliens who are citizens, subjects, nationals, or residents of a country that that country refused or unreasonably delayed during that period by the total number of such requests during that period. (3) Excessive repatriation failure rate.--The term ``excessive repatriation failure rate'' means, with respect to a report under subsection (a), a failure rate greater than 10 percent for any of the following: (A) The period of the 3 full fiscal years preceding the date of publication of the report. (B) The period of 1 year preceding the date of publication of the report. (4) Number of non-repatriations outstanding.--The term ``number of non-repatriations outstanding'' means, for a period, the number of unique aliens whose repatriation a country has refused or unreasonably delayed and whose repatriation has not occurred during that period. (5) Baseline visa number.--The term ``baseline visa number'' means, with respect to a country, the average number of visas issued each fiscal year to nationals of that country under clauses (i) and (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 full fiscal years immediately preceding the first report under subsection (a) in which that country is included in the list under subsection (a)(2). (h) GAO Report.--On the date that is 1 day after the date that the President submits a budget under section 1105(a) of title 31, United States Code, for fiscal year 2014, the Comptroller General of the United States shall submit a report to Congress regarding the progress of the Secretary of Homeland Security and the Secretary of State in implementation of this section and in making requests to repatriate aliens as appropriate.

Timely Repatriation Act - Directs the Secretary of Homeland Security (DHS) to publish a report every six months listing countries that have: (1) refused or unreasonably delayed repatriation of an alien who is a national of that country, and the total number of such aliens; and (2) an excessive repatriation failure rate. Directs the Secretary of Statewith respect to a listed country: (1) to not issue visas to attendants, servants, and personal employees of such country's diplomats and officials/employees; and (2) reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed. Authorizes the Secretary of Homeland Security to exempt a country from inclusion if the total number of nonrepatriations outstanding is less than 10% for the preceding 3-year period.

Timely Repatriation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunities Made Equal (HOME) Act''. SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN DISCRIMINATION. (a) In General.-- (1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended by inserting ``sexual orientation, gender identity, source of income, marital status,'' after ``sex,'' each place it appears. (2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended by inserting ``sexual orientation, gender identity, source of income, marital status,'' after ``sex,'' each place it appears. (3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended by inserting ``sexual orientation, gender identity, source of income, marital status,'' after ``sex,''. (b) Prevention of Intimidation.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``sexual orientation, gender identity, source of income, marital status,'' after ``sex,'' each place it appears. (c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following: ``(p) `Gender identity' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. ``(q) `Sexual orientation' means homosexuality, heterosexuality, or bisexuality. ``(r) `Source of income' means the receipt of Federal, State, or local public assistance including medical assistance, or the receipt by a tenant or applicant of Federal, State, or local housing subsidies, including rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or other rental assistance or rental supplements. ``(s) `Marital status' has the same meaning given that term for purposes of the Equal Credit Opportunity Act.''. SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF DISCRIMINATORY HOUSING PRACTICE. Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is amended to read as follows: ``(f) `Discriminatory housing practice' means an act that is unlawful under section 804, 805, 806, or 818 of this title, whether occurring pre- or post-acquisition, and also includes a failure to comply with the section 808(e)(5) of this title or a regulation made to carry out section 808(e)(5).''. SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF ``FAMILIAL STATUS''. Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is amended to read as follows: ``(k) `Familial status' means one or more individuals (who have not attained the age of 18 years) residing with-- ``(1) a parent, foster parent, or another person having legal or physical custody of such individual or individuals; or ``(2) anyone standing in loco parentis of such individual or individuals. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or in the process of securing legal custody of an individual who has not attained the age of 18 years.''. SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE- LITIGATION SUBPOENA POWER. (a) Equal Credit Opportunity Act.--Section 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended-- (1) by inserting ``(1)'' after ``(h)''; and (2) by adding at the end the following: ``(2) If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil action under paragraph (1), issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 of title 31, United States Code, except that the provisions of that section relating to qui tam relators shall not apply.''. (b) Fair Housing Act.--Section 814(c) of the Fair Housing Act (42 U.S.C. 3614(c)) is amended-- (1) by striking ``The Attorney General'' and inserting the following: ``(1) In general.--The Attorney General''; and (2) by adding at the end the following: ``(2) Civil investigative demands.--If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil proceeding under this subsection, issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 of title 31, United States Code, except that the provisions of that section relating to qui tam relators shall not apply.''. SEC. 6. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES. Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is amended by adding at the end the following; ``For the purposes of this section, discrimination against a person because of handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons.''. SEC. 7. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS. (a) Section 810.--Section 810(a)(1)(A) of the Fair Housing Act (42 U.S.C. 3610(a)(1)(A)) is amended by inserting after the first sentence the following: ``The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section.''. (b) Section 813.--Section 813(a)(1)(A) of the Fair Housing Act (42 U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following: ``The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section.''.

Housing Opportunities Made Equal (HOME) Act - Amends the Fair Housing Act to prohibit discrimination on the basis of sexual orientation, gender identity, source of income, or marital status in housing sales and rentals, residential real estate-related transactions, and brokerage services. Amends the Civil Rights Act of 1968 to prohibit the intimidation, interference, or injury of individuals because of their sexual orientation, gender identity, source of income, or marital status. Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies. Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission). Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act. States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons. Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them.

To amend the Fair Housing Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018'' or the ``COMBAT Act of 2018''. SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (FF), by striking at the end ``and''; (2) in subparagraph (GG), by inserting at the end ``; and''; and (3) by adding at the end the following new subparagraph: ``(HH) opioid use disorder treatment services (as defined in subsection (jjj)).''. (b) Opioid Use Disorder Treatment Services and Opioid Treatment Program Defined.--Section 1861 of the Social Security Act is amended by adding at the end the following new subsection: ``(jjj) Opioid Use Disorder Treatment Services; Opioid Treatment Program.-- ``(1) Opioid use disorder treatment services.--The term `opioid use disorder treatment services' means items and services that are furnished by an opioid treatment program for the treatment of opioid abuse disorder, including-- ``(A) opioid agonist treatment medications (including oral versions) that are approved by the Food and Drug Administration under section 505 of the Federal Food, Drug, and Cosmetic Act for use in the treatment of opioid use disorder; ``(B) dispensing and administration of such medications, if applicable; ``(C) substance abuse counseling by a professional to the extent authorized under State law to furnish such services; ``(D) behavioral individual and group therapy with physicians or psychologists (or other mental health professionals to the extent authorized under State law); ``(E) toxicology testing, and ``(F) other items and services that the Secretary determines are appropriate. ``(2) Opioid treatment program.--The term `opioid treatment program' means an opioid treatment program (as defined in section 8.2 of title 42 of the Code of Federal Regulations, or any successor regulation) that-- ``(A) is enrolled under section 1866(j); ``(B) has in effect a certification by the Substance Abuse and Mental Health Services Administration for such a program; ``(C) is accredited by an accrediting body approved by the Substance Abuse and Mental Health Services Administration; and ``(D) meets such additional conditions as the Secretary may find necessary to ensure-- ``(i) the health and safety of individuals being furnished services under such program; and ``(ii) the effective and efficient furnishing of such services.''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (BB)'' and inserting ``(BB)''; and (B) by inserting before the semicolon at the end the following ``, and (CC) with respect to opioid use disorder treatment services furnished during an episode of care, the amount paid shall be equal to the amount payable in accordance with section 1834(w) less any copayment required as specified by the Secretary''. (2) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(w) Opioid Use Disorder Treatment Services.-- ``(1) In general.--The Secretary shall pay to an opioid treatment program (as defined in paragraph (2) of section 1861(jjj)) an amount that is equal to 100 percent of a bundled payment under this part for opioid use disorder treatment services (as defined in paragraph (1) of such section) that are furnished by such program to an individual during an episode of care (as defined by the Secretary) beginning on or after January 1, 2020. The Secretary shall ensure that no duplicative payments are made under this part or part D to a physician, practitioner, or pharmacy for items and services furnished by an opioid treatment program. ``(2) Considerations.--The Secretary may implement this subsection through one or more bundles based on the type of medication provided (such as buprenorphine, methadone, naltrexone, or a new innovative drug), the frequency of services, the scope of services furnished, characteristics of the individuals furnished such services, or other factors as the Secretary determines appropriate. In developing such bundles, the Secretary may consider payment rates paid to opioid treatment programs for comparable services under State plans under title XIX, under the TRICARE program under chapter 55 of title 10 of the United States Code, or by other health care payers. ``(3) Annual updates.--The Secretary shall provide an update each year to the bundled payment amounts under this subsection.''. (d) Including Opioid Treatment Programs as Medicare Providers.-- Section 1866(e) of the Social Security Act (42 U.S.C. 1395cc(e)) is amended-- (1) in paragraph (2), by striking at the end ``and''; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) opioid treatment programs (as defined in paragraph (2) of section 1861(jjj)), but only with respect to the furnishing of opioid treatment program services (as defined in paragraph (1) of such section).''.

Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 or the COMBAT Act of 2018 This bill requires certified opioid treatment program services, including counseling, toxicology testing, and medication-assisted treatment, to be covered under Medicare. Opioid treatment programs must receive payment for such services in accordance with a specified methodology.

Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Equity Act''. SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT. (a) Federal Employees Retirement System.-- (1) In general.--Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), and by adding at the end the following: ``(E) an employee (not otherwise covered by this paragraph)-- ``(i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and ``(ii) who is authorized to carry a firearm; ``(F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns; ``(G) an employee of the United States Postal Inspection Service; and ``(H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38;''. (2) Conforming amendment.--Section 8401(17)(C) of title 5, United States Code, is amended by striking ``subparagraph (A) and (B)'' and inserting ``subparagraphs (A), (B), (E), (F), (G), and (H)''. (b) Civil Service Retirement System.--Paragraph (20) of section 8331 of title 5, United States Code, is amended in the matter before subparagraph (A) by inserting after ``position.'' the following: ``For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before `including') shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies any of subparagraphs (E) through (H) of section 8401(17).''. (c) Application.--The amendments made by this section shall apply-- (1) to any individual appointed as a law enforcement officer under section 8331(20) or 8401(17) of title 5, United States Code, (as the case may be), as amended this section, after the date of enactment of this Act; and (2) to any incumbent (as defined in section 3(g)(2)), consistent with the requirements of section 3. SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. (a) Treatment of Service Performed by Incumbents.-- (1) Service on or after date of enactment.--Service performed by an incumbent on or after the date of the enactment of this Act shall be treated as service performed as a law enforcement officer under section 8331(20) or 8401(17) of title 5, United States Code, (as the case may be), as amended by section 2. (2) Service before date of enactment.--Service performed by an incumbent before the date of the enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer under section 8331(20) or 8401(17), (as the case may be), as amended by section 2, but only if a written election is submitted to the Office of Personnel Management within 5 years after the date of the enactment of this Act or before separation from Government service, whichever is earlier. (b) Individual Contributions for Prior Service.-- (1) In general.--An incumbent who makes an election under subsection (a)(2) may, with respect to prior service performed by such incumbent, pay a deposit into the Civil Service Retirement and Disability Fund equal to the sum of-- (A) the difference between-- (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by section 2 had been in effect during such prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of such title; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with paragraphs (2) and (3) of section 8334(e) of such title and regulations promulgated by the Office. (2) Effect of not contributing.--If no part of or less than the full amount of the deposit described under paragraph (1) is paid by an incumbent, all prior service of the incumbent shall remain fully creditable as a law enforcement officer, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (c) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (a)(2), any employing agency that the incumbent was serving at the time of any prior service shall remit to the Office, for deposit in the Fund, an amount equal to the sum of-- (A) the difference between-- (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during such service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of such title; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with paragraphs (2) and (3) of section 8334(e) of such title and regulations promulgated by the Office. (2) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (g)(5). (d) Exemption From Mandatory Separation.--Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of the enactment of this Act. (e) Regulations.--The Office shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (a)(2)), to the extent of any rights that would then be available to the decedent (if still living). (f) Rule of Construction.--Nothing in this section shall be considered to apply in the case of a reemployed annuitant. (g) Definitions.--In this section-- (1) the term ``Fund'' means the Civil Service Retirement and Disability Fund; (2) the term ``incumbent''-- (A) is first appointed as a law enforcement officer before the date of the enactment of this Act; and (B) is serving as such a law enforcement officer on such date; (3) the term ``law enforcement officer'' refers to an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code (relating to the definition of a law enforcement officer) by virtue of the amendments made by section 2; (4) the term ``Office'' means the Office of Personnel Management; (5) the term ``prior service'' means, with respect to any individual who makes an election under subsection (a)(2), service performed by such individual before the date on which appropriate retirement deductions begin to be made in accordance with such election; and (6) the term ``service'' refers to service performed as a law enforcement officer.

Law Enforcement Officers Equity Act Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns, (3) an employee of the U.S. Postal Inspection Service, and (4) an employee of the Department of Veterans Affairs who is a department police officer. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if a written election is submitted to the Office of Personnel Management within five years after enactment of this Act or before separation from government service, whichever is earlier. Allows an incumbent who makes an election to be treated as a law enforcement officer to pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the mandatory separation of an officer during the three-year period beginning on the enactment of this Act.

Law Enforcement Officers Equity Act

SECTION 1. DOMESTIC REFUGEE RESETTLEMENT REFORM AND MODERNIZATION. (a) Definitions.--In this section: (1) Community-based organization.--The term ``community- based organization'' means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement in the Department of Health and Human Services. (3) National resettlement agencies.--The term ``national resettlement agencies'' means voluntary agencies contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. (b) Assessment of Refugee Domestic Resettlement Programs.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (2) Matters to be studied.--In the study required under paragraph (1), the Comptroller General shall determine and analyze-- (A) how the Office of Refugee Resettlement defines self-sufficiency and integration and if these definitions adequately represent refugees' needs in the United States; (B) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self- sufficiency and integration; (C) technological solutions for consistently tracking secondary migration, including opportunities for interagency data sharing; (D) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (E) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (F) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; (G) recertification processes for high-skilled refugees, specifically considering how to decrease barriers for Special Immigrant Visa holders to use their skills; and (H) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under subparagraphs (A) through (G). (3) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress the results of the study required under this subsection. (c) Refugee Assistance.-- (1) Assistance made available to secondary migrants.-- Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: ``(C) The Director shall ensure that assistance under this section is provided to refugees who are secondary migrants and meet all other eligibility requirements for such assistance.''. (2) Report on secondary migration.--Section 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; (B) by striking ``periodic'' and inserting ``annual''; and (C) by adding at the end the following: ``(B) At the end of each fiscal year, the Director shall submit a report to Congress that includes-- ``(i) States experiencing departures and arrivals due to secondary migration; ``(ii) likely reasons for migration; ``(iii) the impact of secondary migration on States hosting secondary migrants; ``(iv) the availability of social services for secondary migrants in those States; and ``(v) unmet needs of those secondary migrants.''. (3) Amendments to social services funding.--Section 412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended-- (A) by inserting ``a combination of--'' after ``based on''; (B) by striking ``the total number'' and inserting the following: ``(i) the total number''; and (C) by striking the period at the end and inserting the following: ``(ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and ``(iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.''. (4) Notice and rulemaking.--Not later than 90 days after the date of the enactment of this Act and not later than 30 days before the effective date set forth in paragraph (5), the Director shall-- (A) issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by paragraph (3); and (B) solicit public comment regarding such proposed rule. (5) Effective date.--The amendments made by this subsection shall become effective on the first day of the first fiscal year that begins after the date of the enactment of this Act. (d) Resettlement Data.-- (1) In general.--The Director shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements set forth in paragraphs (2) through (5). (2) Data on mental and physical medical cases.--The Director shall-- (A) coordinate with the Centers for Disease Control and Prevention, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs; (B) examine the information sharing process, from country of arrival through refugee resettlement, to determine if access to additional mental health data could-- (i) help determine placements; and (ii) enable agencies to better prepare to meet refugee mental health needs; and (C) in collecting information under this paragraph, utilize initial refugee health screening data, including-- (i) a history of severe trauma, torture, mental health symptoms, depression, anxiety, and posttraumatic stress disorder recorded during domestic and international health screenings; and (ii) Refugee Medical Assistance utilization rate data. (3) Data on housing needs.--The Director shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including-- (A) the number of refugees who have become homeless; and (B) the number of refugees who are at severe risk of becoming homeless. (4) Data on refugee employment and self-sufficiency.--The Director shall gather longitudinal information relating to refugee self-sufficiency, integration, and employment status during the 2-year period beginning 1 year after the date on which the refugees arrived in the United States. (5) Availability of data.--The Director shall annually-- (A) update the data collected under this subsection; and (B) submit a report to Congress that contains the updated data. (e) Guidance Regarding Refugee Placement Decisions.-- (1) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement. (2) Best practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators. (f) Effective Date.--This section (except for the amendments made by subsection (c)) shall take effect on the date that is 90 days after the date of the enactment of this Act.

Requires the Government Accountability Office to study the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Requires the Office to: (1) ensure that refugee assistance is provided to qualifying refugees who are secondary migrants; (2) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (3) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Requires the Department of State and the Department of Health and Human Services to provide refugee resettlement guidance to appropriate national, state, and local entities.

To reform and modernize domestic refugee resettlement programs, and for other purposes.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) When the Economic Growth and Tax Relief Reconciliation Act of 2001 became law, the tax treatment of section 529 college savings plans was changed so that qualified distributions were no longer taxed as income. The favorable tax treatment of college savings plans was made permanent with the passage of the Pension Protection Act of 2006. (2) Section 529 college savings plans empower middle-class families to accumulate savings to offset the rising costs of attending college. (3) The latest data from the College Savings Plan Network shows that there are 11.83 million 529 accounts open throughout all 50 states, which represent $244.5 billion in total assets. The average 529 account size is $20,671. (4) States that sponsor 529 college savings plans have taken steps to ensure these plans are a tool that all families can use to save for college, including setting minimum contributions as low as $25 per month to encourage participation by families of all income levels. (5) The President's fiscal year 2016 Budget proposes raising taxes by taxing certain future distributions made from 529 college savings plans. (6) The tax proposed by the President would discourage the use of 529 college savings plans, requiring families and students to take on more debt. (7) Purchase of a computer represents a significant higher education expense and therefore should be eligible for qualified distributions under 529 college savings plans. (b) Purpose.--It is the purpose of this Act to-- (1) enact policies that strengthen 529 college savings plans; and (2) make 529 plans more modern, consumer-friendly, and responsive to the realities faced by students today. SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT PERMANENTLY ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS. (a) In General.--Section 529(e)(3)(A)(iii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(iii) expenses for the purchase of computer or peripheral equipment (as defined in section 168(i)(2)(B)), computer software (as defined in section 197(e)(3)(B)), or Internet access and related services, if such equipment, software, or services are to be used primarily by the beneficiary during any of the years the beneficiary is enrolled at an eligible educational institution.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS. (a) In General.--Section 529(c)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Effective Date.--The amendment made by this section shall apply to distributions after December 31, 2014. SEC. 4. RECONTRIBUTION OF REFUNDED AMOUNTS. (a) In General.--Section 529(c)(3) of the Internal Revenue Code of 1986, as amended by section 3, is amended by adding at the end the following new subparagraph: ``(D) Special rule for contributions of refunded amounts.--In the case of a beneficiary who receives a refund of any qualified higher education expenses from an eligible educational institution, subparagraph (A) shall not apply to that portion of any distribution for the taxable year which is recontributed to a qualified tuition program of which such individual is a beneficiary, but only to the extent such recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount.''. (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply with respect to refunds of qualified higher education expenses after December 31, 2014. (2) Transition rule.--In the case of a refund of qualified higher education expenses received after December 31, 2014, and before the date of the enactment of this Act, section 529(c)(3)(D) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by substituting ``not later than 60 days after the date of the enactment of this subparagraph'' for ``not later than 60 days after the date of such refund''. Passed the House of Representatives February 25, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on February 20, 2015. This bill makes changes to the rules for qualified tuition programs (known as 529 plans). (Sec. 2) The Internal Revenue Code is amended to allow payments from 529 plans for the purchase of computer or peripheral equipment, computer software, or Internet access and related services to be used primarily by a 529 plan beneficiary while enrolled in an eligible educational institution. (Sec. 3) The requirement that distributions from a 529 plan be aggregated for purposes of determining the amount includible in a taxpayer's income is eliminated. (Sec. 4) Students who receive a refund from an eligible educational institution can recontribute such refund to a 529 plan without tax consequences if the recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount.

To amend the Internal Revenue Code of 1986 to improve 529 plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Kickbacks in Recovery Act of 2018''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following: ``Sec. 220. Illegal remunerations for referrals to recovery homes and clinical treatment facilities ``(a) Offense.--Except as provided in subsection (c), it shall be unlawful to, in or affecting interstate or foreign commerce, knowingly and willfully-- ``(1) solicit or receive any remuneration (including any kickback, bribe, or rebate) directly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home or clinical treatment facility; ``(2) being a recovery home or clinical treatment facility, or an officer or employee of a recovery home or clinical treatment facility acting in the course of their employment, pay or offering any remuneration (including any kickback, bribe, or rebate) directly or covertly, in cash or in kind, to-- ``(A) a person in exchange for the person referring an individual to that recovery home or clinical treatment facility; or ``(B) an individual in exchange for that individual using the services of that recovery home or clinical treatment facility; or ``(3) being a clinical service provider, or an officer or employee of a clinical service provider acting in the course of their employment, pay, solicit, or receive any remuneration (including any kickback, bribe, or rebate) directly or covertly, in cash or in kind, to a recovery home or clinical treatment facility, or to an officer or employee of a recovery home or clinical treatment facility, in exchange for referring an individual with a substance use disorder to a clinical service provider for clinical services. ``(b) Penalty.--Any person who violates subsection (a) shall be fined not more than $200,000, imprisoned not more than 10 years, or both. ``(c) Applicability.--Subsection (a) shall not apply to-- ``(1) a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity; ``(2) any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services and the employee's remuneration is not determined by the number of individuals referred to a particular recovery home or clinical treatment facility; ``(3) any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed if-- ``(A) the person has a written contract, with each such individual or entity, which specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each such individual or entity under the contract; and ``(B) in the case of a recovery home or clinical treatment facility that is a provider of services, the person discloses to the health care benefit program the remuneration received from each such vendor with respect to purchases made by or on behalf of the entity; ``(4) a discount in the price of an applicable drug of a manufacturer that is furnished to an applicable beneficiary under the Medicare coverage gap discount program under section 1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w- 114a(g)); ``(5) any payment made by a principal to an agent as compensation for the services of the agent under a personal services and management contract that meets the requirements of section 1001.952(d) of title 42, Code of Federal Regulations, as in effect on the date of enactment of this section; ``(6) a waiver or discount (as defined in section 1001.952(h)(5) of title 42, Code of Federal Regulations, as in effect on the date of enactment of this section) of any coinsurance or copayment by a health care benefit program, as determined by the health care benefit program; or ``(7) any remuneration between a health center or entity described under clause (i) or (ii) of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)) and any individual or entity providing goods, items, services, donations, loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, or other agreement, if such agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center entity. ``(d) Intent Requirement.--With respect to a violation of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section. ``(e) Definitions.--In this section-- ``(1) the terms `applicable beneficiary' and `applicable drug' have the meanings given those terms in section 1860D- 14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g)); ``(2) the term `clinical treatment facility' means a medical setting other than a hospital that provides detoxification, risk reduction, outpatient treatment, residential treatment, or rehabilitation for substance use; ``(3) the term `health care benefit program' has the meaning given the term in section 24(b); and ``(4) the term `recovery home' means a shared living environment free from alcohol and illicit drug use and centered on peer support and connections to promote sustained recovery from substance use disorders.''. (b) Clerical Amendment.--The table of sections for chapter 11 of title 18, United States Code, is amended by inserting after the item related to section 219 the following: ``220. Illegal remunerations for referrals to recovery homes and clinical treatment facilities.''.

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

Eliminating Kickbacks in Recovery Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Employee Wellness Programs Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Congress has a strong tradition of protecting and preserving employee workplace wellness programs, including programs that utilize a health risk assessment, biometric screening, or other resources to inform and empower employees in making healthier lifestyle choices; (2) health promotion and prevention programs are a means to reduce the burden of chronic illness, improve health, and limit the growth of health care costs; (3) in enacting the Patient Protection and Affordable Care Act (Public Law 111-148), Congress intended that employers would be permitted to implement health promotion and prevention programs that provide incentives, rewards, rebates, surcharges, penalties, or other inducements related to wellness programs, including rewards of up to 50 percent off of insurance premiums for employees participating in programs designed to encourage healthier lifestyle choices; and (4) Congress has struck an appropriate balance among employees, health care providers, and wellness plan sponsors to protect individual privacy and confidentiality in a wellness program which is designed to improve health outcomes. SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS PROGRAMS. (a) Uniformity Across Federal Agencies.-- (1) Programs offered in conjunction with an employer- sponsored health plan.-- (A) In general.--Notwithstanding any other provision of law, a workplace wellness program and any program of health promotion or disease prevention offered by an employer in conjunction with an employer- sponsored health plan that complies with section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-4(j)) (and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury) shall be considered to be in compliance with the following provisions (to the extent such programs are subject to the Acts described in such provisions): (i) the acceptable examinations and inquiries set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B)); (ii) section 2705(d) of the Public Health Service Act (42 U.S.C. 300gg-4(d)); and (iii) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-1(b)(2)). (B) Safe harbor.--Notwithstanding any other provision of law, section 501(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2)) shall apply to any workplace wellness program or program of health promotion or disease prevention offered by an employer in conjunction with an employer- sponsored health plan. (2) Other programs offering more favorable treatment for adverse health factors.--Notwithstanding any other provision of law, a workplace wellness program and a program of health promotion or disease prevention offered by an employer that provides for more favorable treatment of individuals with adverse health factors as described in section 146.121(g) of title 45, Code of Federal Regulations (or any successor regulations) shall be considered to be in compliance with-- (A) the acceptable examinations and inquiries set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B)); (B) section 2705(d) of the Public Health Service Act (42 U.S.C. 300gg-4(d)); and (C) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff- 1(b)(2)). (3) Programs not offered in conjunction with an employer- sponsored health plan.-- (A) In general.--Notwithstanding any other provision of law, a workplace wellness program and any program of health promotion or disease prevention offered by an employer that are not offered in conjunction with an employer-sponsored health plan that is not described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-4(j)) that meet the requirement set forth in subparagraph (B) shall be considered to be in compliance with-- (i) the acceptable examinations and inquiries as set forth in section 102(d)(4)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B)); (ii) section 2705(d) of the Public Health Service Act (42 U.S.C. 300gg-4(d)); and (iii) section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-1(b)(2)). (B) Limitation on rewards.--The requirement referenced in subparagraph (A) is that any reward provided or offered by a program described in such subparagraph shall be less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of the Public Health Service Act (42 U.S.C. 300gg- 4(j)(3)(A)), and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury. (b) Collection of Information.--Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member as part of a workplace wellness program described in subsection (a) offered by an employer (or in conjunction with an employer- sponsored health plan described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-4(j))) and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233). For purposes of the preceding sentence, the term ``family member''has the meaning given such term in section 201 of the Genetic Information Nondiscrimination Act (Public Law 110-233). (c) Rule of Construction.--Nothing in subsection (a)(1)(A) shall be construed to prevent an employer that is offering a wellness program to an employee from requiring such employee, within 45 days from the date the employee first has an opportunity to earn a reward, to request a reasonable alternative standard (or waiver of the otherwise applicable standard). Nothing in subsection (a)(1)(A) shall be construed to prevent an employer from imposing a reasonable time period, based upon all the facts and circumstances, during which the employee must complete the reasonable alternative standard. Such a reasonable alternative standard (or waiver of the otherwise applicable standard) is provided for in section 2705(j)(3)(D) of the Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(D)) (and any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury).

Preserving Employee Wellness Programs Act (Sec. 3) This bill exempts workplace wellness programs from: (1) limitations under the Americans with Disabilities Act of 1990 on medical examinations and inquiries of employees, (2) the prohibition on collecting genetic information in connection with issuing health insurance, and (3) limitations under the Genetic Information Nondiscrimination Act of 2008 on collecting the genetic information of employees or family members of employees. This exemption applies to workplace wellness programs that comply with limits on rewards for employees participating in the program. Workplace wellness programs may provide for more favorable treatment of individuals with adverse health factors, such as a disability. Collection of information about a disease or disorder of a family member as part of a workplace wellness program is not an unlawful acquisition of genetic information about another family member.

Preserving Employee Wellness Programs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Utah Valley Electric Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the South Utah Valley Electric Service District, organized under the laws of the State of Utah. (2) Electric distribution system.--The term ``Electric Distribution System'' means fixtures, irrigation, or power facilities lands, distribution fixture lands, and shared power poles. (3) Fixtures.--The term ``fixtures'' means all power poles, cross-members, wires, insulators and associated fixtures, including substations, that-- (A) comprise those portions of the Strawberry Valley Project power distribution system that are rated at a voltage of 12.5 kilovolts and were constructed with Strawberry Valley Project revenues; and (B) any such fixtures that are located on Federal lands and interests in lands. (4) Irrigation or power facilities lands.--The term ``irrigation or power facilities lands'' means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are encumbered by other Strawberry Valley Project irrigation or power features, including lands underlying the Strawberry Substation. (5) Distribution fixture lands.--The term ``distribution fixture lands'' means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are unencumbered by other Strawberry Valley Project features, to a maximum corridor width of 30 feet on each side of the centerline of the fixtures' power lines as those lines exist on the date of the enactment of this Act. (6) Shared power poles.--The term ``shared power poles'' means poles that comprise those portions of the Strawberry Valley Project Power Transmission System, that are rated at a voltage of 46.0 kilovolts, are owned by the United States, and support fixtures of the Electric Distribution System. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM. (a) In General.--Inasmuch as the Strawberry Water Users Association conveyed its interest, if any, in the Electric Distribution System to the District by a contract dated April 7, 1986, and in consideration of the District assuming from the United States all liability for administration, operation, maintenance, and replacement of the Electric Distribution System, the Secretary shall, as soon as practicable after the date of the enactment of this Act and in accordance with all applicable law convey and assign to the District without charge or further consideration-- (1) all of the United States right, title, and interest in and to-- (A) all fixtures owned by the United States as part of the Electric Distribution System; and (B) the distribution fixture land; (2) license for use in perpetuity of the shared power poles to continue to own, operate, maintain, and replace Electric Distribution Fixtures attached to the shared power poles; and (3) licenses for use and for access in perpetuity for purposes of operation, maintenance, and replacement across, over, and along-- (A) all project lands and interests in irrigation and power facilities lands where the Electric Distribution System is located on the date of the enactment of this Act that are necessary for other Strawberry Valley Project facilities (the ownership of such underlying lands or interests in lands shall remain with the United States), including lands underlying the Strawberry Substation; and (B) such corridors where Federal lands and interests in lands-- (i) are abutting public streets and roads; and (ii) can provide access that will facilitate operation, maintenance, and replacement of facilities. (b) Compliance With Environmental Laws.-- (1) In general.--Before conveying lands, interest in lands, and fixtures under subsection (a), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the land and facilities. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (c) Power Generation and 46kV Transmission Facilities Excluded.-- Except for the uses as granted by license in Shared Power Poles under section 3(a)(2), nothing in this Act shall be construed to grant or convey to the District or any other party, any interest in any facilities shared or otherwise that comprise a portion of the Strawberry Valley Project power generation system or the federally owned portions of the 46 kilovolt transmission system which ownership shall remain in the United States. SEC. 4. EFFECT OF CONVEYANCE. On conveyance of any land or facility under section 3(a)(1)-- (1) the conveyed and assigned land and facilities shall no longer be part of a Federal reclamation project; (2) the District shall not be entitled to receive any future Bureau or Reclamation benefits with respect to the conveyed and assigned land and facilities, except for benefits that would be available to other non-Bureau of Reclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, including the transaction of April 7, 1986, between the Strawberry Water Users Association and Strawberry Electric Service District. SEC. 5. REPORT. If a conveyance required under section 3 is not completed by the date that is 1 year after the date of the enactment of this Act, not later than 30 days after that date, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance.

(This measure has not been amended since it was reported to the House on September 23, 2011. The summary of that version is repeated here.) South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, insofar as the Strawberry Water Users Association conveyed its interest in an electric distribution system to the South Utah Valley Electric Service District, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located, (2) license for use in perpetuity of the shared power poles, and (3) licenses for use and access in perpetuity to specified project lands and interests and corridors where federal lands and interests are abutting public streets and roads and can provide access to facilities. Requires the District to assume all liability from the United States for the administration, operation, maintenance, and replacement of such electric distribution system. Requires the Secretary, before conveying such lands, interests, and fixtures, to be in compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to such land and facilities. Prohibits anything, except for the uses as granted by license in the shared power poles, from being construed as granting or conveying to the District or any other party, any interest in any facilities comprising a part of the Strawberry Valley Project power generation system or the federally owned parts of the 46 kilovolt transmission system, the ownership of which shall remain in the United States. Prohibits, upon conveyance of any land or facility under this Act: (1) the conveyed and assigned land and facilities from any longer being considered as part of a federal reclamation project; (2) the District from being entitled to receive any future Bureau of Reclamation benefits respecting such land and facilities, except for those that would be available to other non-Bureau facilities; and (3) the United States from being liable for damages arising out of any act, omission, or occurrence related to the land and facilities, including the transaction specified above between the Association and the District. Requires the Secretary to report to Congress on the status of such conveyance, any obstacles to completing it, and the anticipated date for its completion, if the conveyance is not completed within one year of enactment of this Act.

To direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes.

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

Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Modifies exceptions to such prohibition, including by making it inapplicable to a person who is: (1) a licensed and inspected person who does not allow direct contact between the public and prohibited wildlife species, and (2) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Sets forth civil and criminal penalties for violations of the requirements of this Act.

Captive Primate Safety Act

SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by adding at the end the following new paragraph: ``(5) the reclamation credit.''. (b) Reclamation Credit.--Subpart E of part IV of subchapter A of chapter 1 of such Code (relating to rules for computing investment credit) is amended by inserting after section 48B the following new section: ``SEC. 48C. RECYCLING OR REMANUFACTURING EQUIPMENT. ``(a) In General.--For purposes of section 46, the reclamation credit for any taxable year is 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. ``(b) Qualified Reclamation Property.-- ``(1) In general.--For purposes of this section, the term `qualified reclamation property' means property-- ``(A) which is qualified recycling property or qualified remanufacturing property, ``(B) which is tangible property (not including a building and its structural components), ``(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(D) which has a useful life of at least 5 years, and ``(E) which is-- ``(i) acquired by purchase (as defined in section 179(d)(2)) by the taxpayer if the original use of such property commences with the taxpayer, or ``(ii) constructed by or for the taxpayer. ``(2) Dollar limitation.-- ``(A) In general.--The basis of qualified reclamation property taken into account under paragraph (1) for any taxable year shall not exceed $10,000,000 for a taxpayer. ``(B) Treatment of controlled group.--For purposes of subparagraph (A)-- ``(i) all component members of a controlled group shall be treated as one taxpayer, and ``(ii) the Secretary shall apportion the dollar limitation in such subparagraph among the component members of such controlled group in such manner as he shall by regulation prescribe. ``(C) Treatment of partnerships and s corporations.--In the case of a partnership, the dollar limitation in subparagraph (A) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(D) Controlled group defined.--For purposes of subparagraph (B), the term `controlled group' has the meaning given such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1). ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified recycling property.--The term `qualified recycling property' means equipment used exclusively to collect, distribute, or sort used ferrous or nonferrous metals. The term does not include equipment used to collect, distribute, or sort precious metals such as gold, silver, or platinum unless such use is coincidental to the collection, distribution, or sorting of other used ferrous or nonferrous metals. ``(2) Qualified remanufacturing property.--The term `qualified remanufacturing property' means equipment used primarily by the taxpayer in the business of rebuilding or remanufacturing a used product or part, but only if-- ``(A) the rebuilt or remanufactured product or part includes 50 percent or less virgin material, and ``(B) the equipment is not used primarily in a process occurring after the product or part is rebuilt or remanufactured. ``(e) Coordination With Rehabilitation and Energy Credits.--For purposes of this section-- ``(1) the basis of any qualified reclamation property shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and ``(2) expenditures taken into account under either section 47 or 48(a) shall not be taken into account under this section.''. (c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c) of such Code (relating to basis adjustment to investment credit property) is amended by inserting ``or reclamation credit'' after ``energy credit''. (d) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48B the following new item: ``Sec. 48C. Recycling or remanufacturing equipment.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2007.

Amends the Internal Revenue Code to allow a tax credit for investment in qualified reclamation property. Defines "qualified reclamation property" as tangible depreciable recycling or remanufacturing property with a useful life of at least five years. Limits the amount of such credit to 20% of the basis (not exceeding $10 million) of qualified reclamation property placed in service during a taxable year.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for recycling or remanufacturing equipment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment and Growth Act''. SEC. 2. MAXIMUM SMALL BUSINESS TAX RATE. (a) In General.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by adding at the end the following new subsection: ``(i) Maximum Small Business Tax Rate.-- ``(1) In general.--Except as provided in paragraph (4), if a taxpayer has taxable small business income for any taxable year to which this subsection applies, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of taxable small business income, or ``(ii) the amount of taxable income taxed at a rate below 31 percent, plus ``(B) a tax of 31 percent of the amount of taxable income in excess of the amount determined under paragraph (1). ``(2) Taxable small business income.--For purposes of this subsection, the term `taxable small business income' means, with respect to any taxable year, the least of-- ``(A) the taxable income of the taxpayer for such year attributable to the active conduct of any trade or business of an eligible small business in which the taxpayer materially participates (within the meaning of section 469(h) (other than paragraph (4))), ``(B) the net earnings from self-employment (within the meaning of section 1402(a), applied without dollar limitation) of the taxpayer for such year attributable to the active conduct of such trade or business, or ``(C) the taxpayer's share of additions for such taxable year to the qualified retained earnings account of such trade or business. For purposes of determining net earnings from self-employment under subparagraph (B), an S corporation shall be treated as if it were a partnership. ``(3) Qualified retained earnings account.--For purposes of this subsection: ``(A) In general.--The term `qualified retained earnings account' means an account established by a trade or business-- ``(i) which is designated as a qualified retained earnings account for purposes of this subsection, ``(ii) additions to which may only be made in cash, ``(iii) distributions from which may only consist of qualified distributions, and ``(iv) any earnings on which are not allocated to the account. ``(B) Qualified distributions.--For purposes of subparagraph (A), distributions from a qualified retained earnings account shall be treated as qualified distributions if used-- ``(i) to pay ordinary and necessary expenses paid or incurred in carrying on the trade or business of the eligible small business to which the account relates, or ``(ii) to pay the tax imposed under this subtitle on amounts in the account. ``(4) Additional tax on nonqualified distributions.-- ``(A) In general.--If-- ``(i) a distribution other than a qualified distribution is made from a qualified retained earnings account, and ``(ii) such distribution is made from additions to the account for a taxable year with respect to which paragraph (1) applied to the taxpayer by reason of such additions, then the tax imposed by this section for the taxable year of the taxpayer with or within which the taxable year of the eligible small business in which the distribution was made ends shall be increased by the amount determined under subparagraph (B). ``(B) Amount of additional tax.--The amount of tax determined under this subparagraph is an amount equal to the sum of-- ``(i) the product of the taxpayer's pro rata share of the distribution described in subparagraph (A)(i) and the number of percentage points (and fractions thereof) by which the highest rate of tax in effect under this section for the taxpayer's taxable year exceeds 31 percent, plus ``(ii) the product of-- ``(I) the amount by which the taxpayer's pro rata share of such distribution, when added to the taxpayer's pro rata share of previous distributions from additions to the account for the same taxable year, exceeds $135,000, and ``(II) the rate of tax imposed by section 1401(b) for the taxpayer's taxable year. ``(C) Order of distributions.--For purposes of this paragraph, distributions shall be treated as having been made from the qualified retained earnings account on a first-in, first-out basis. ``(D) Treatment of health insurance tax.--For purposes of this title, the tax described in subparagraph (B)(ii) shall be treated as if it were a tax imposed by section 1401(b). ``(5) Eligible small business.--For purposes of this subsection: ``(A) In general.--The term `eligible small business' means, with respect to any taxable year, a sole proprietorship, partnership, or S corporation which is a small business concern (within the meaning of section 3(a) of the Small Business Act) as of the beginning of the taxable year. ``(B) Election to use 3 preceding years.--If the determination under subparagraph (A) is made on the basis of number of employees or gross receipts, the taxpayer may elect to have the determination made on the basis of the average number of employees or the average gross receipts of the taxpayer for the 3 taxable years preceding the taxable year. ``(6) Years to which subsection applies.--This subsection shall apply to any taxable year if the highest rate of tax set forth in subsection (a), (b), (c), (d), or (e) (whichever applies) for the taxable year exceeds 31 percent. ``(7) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations preventing the characterization of distributions for purposes of compensation or personal use as qualified distributions under paragraph (3)(B)(i).''. (b) Certain Taxable Small Business Income Not Subject to HI Tax.-- Section 3121(a) (defining wages) is amended-- (i) by striking ``or'' at the end of paragraph (20), (ii) by striking the period at the end of paragraph (21) and inserting ``; or'', and (iii) by adding at the end the following new paragraph: ``(22) the portion of any taxable small business income (as defined in section 1(i)) properly allocable to the calendar year which is in excess of $135,000.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1992.

Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for individuals, partnerships, or certain S corporations. Describes such income as the least of: (1) income from the active conduct of a trade or business in which the taxpayer is a material participant; (2) net earnings from self-employment; or (3) the taxpayer's share of additions to a qualified retained earnings account of such trade or business. Allows distributions from such account to pay ordinary and necessary business expenses or to pay the tax imposed by this Act. Excludes from employment taxes the portion of taxable small business income in excess of $135,000.

Small Business Investment and Growth Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Financial Security Act of 2007''. SEC. 2. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY BENEFITS AND TIER 1 RAILROAD RETIREMENT BENEFITS. (a) In General.--Section 86 of the Internal Revenue Code of 1986 (relating to taxation of social security and tier 1 railroad retirement benefits) is hereby repealed. (b) Technical and Conforming Amendments.-- (1) Subparagraph (B) of section 22(c)(3) of such Code (relating to treatment of certain workmen's compensation benefits) is amended by striking ``any amount treated as a social security benefit under section 86(d)(3)'' and inserting ``if, by reason of section 224 of the Social Security Act (or by reason of section 3(a)(1) of the Railroad Retirement Act of 1974), any benefit otherwise payable under title II of the Social Security Act or the Railroad Retirement Act of 1974 is reduced by reason of the receipt of a benefit under a workmen's compensation act, the portion of such benefit received under the workmen's compensation act which equals such reduction''. (2) Paragraph (3) of section 72(r) of such Code (defining tier 1 railroad retirement benefit) is amended by striking ``has the meaning given such term by section 86(d)(4)'' and inserting ``means-- ``(A) the amount of the annuity under the Railroad Retirement Act of 1974 equal to the amount of the benefit to which the taxpayer would have been entitled under the Social Security Act if all of the service after December 31, 1936, of the employee (on whose employment record the annuity is being paid) had been included in the term `employment' as defined in the Social Security Act, and ``(B) a monthly annuity amount under section 3(f)(3) of the Railroad Retirement Act of 1974.''. (3) Sections 135(c)(4)(B), 137(b)(3)(B), 199(d)(2)(A), 221(b)(2)(C)(ii), and 222(b)(2)(C)(ii) of such Code are each amended by striking ``86,''. (4) Clause (i) of section 219(g)(3)(A) of such Code is amended by striking ``sections 86 and 469'' and inserting ``section 469''. (5) Subparagraph (F) of section 469(i)(3) of such Code is amended by striking clause (i) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (6) Paragraph (8) of section 861(a) of such Code (treating social security benefits as United States sourced) is hereby repealed. (7) Paragraph (3) of section 871(a) of such Code (relating to taxation of social security benefits by nonresident aliens) is hereby repealed. (8) Subsection (g) of section 1441 of such Code (relating to withholding of tax on nonresident aliens) is hereby repealed. (9) Subparagraph (C) of section 3402(p)(1) of such Code is amended by striking clause (i) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (10) Paragraph (4) of section 6015(d) of such Code is amended by striking the last sentence. (11) Section 6050F of such Code (relating to returns relating to social security benefits) is hereby repealed. (12) Paragraph (1) of section 6050G(a) of such Code (relating to returns relating to certain railroad retirement benefits) is amended by striking ``section 86(d)(4)'' and inserting ``section 72(r)(3)''. (13)(A) Section 6103(h) of such Code (relating to disclosure) is amended by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5). (B) Paragraph (4) of section 6103(p) of such Code is amended by striking ``(h)(5),'' each place it appears. (C) Subsection (k) of section 1113 of the Right to Financial Privacy Act of 1978 is hereby repealed. (14) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 86. (15) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6050F. (c) Effective Date.--The amendments made by this section shall apply to benefits received after December 31, 2006, in taxable years ending after such date. (d) Trust Funds Held Harmless.--There are hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to each fund under the Social Security Act or the Railroad Retirement Act of 1974 an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of the amendments made by this section.

Seniors Financial Security Act of 2007 - Amends the Internal Revenue Code to repeal the inclusion in gross income for income tax purposes of social security and tier 1 railroad retirement benefits.

To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits and tier 1 railroad retirement benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Growth Act of 2009''. SEC. 2. EXPENSING FOR CERTAIN REAL PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 is amended by inserting after section 179E the following new section: ``SEC. 179F. ELECTION TO EXPENSE CERTAIN REAL PROPERTY. ``(a) Treatment as Expenses.--In the case of a taxpayer described in subsection (e), the taxpayer may elect to treat the cost of any qualified real property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified real property is placed in service. ``(b) Limitation.-- ``(1) In general.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $125,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, the $125,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(c) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall specify the qualified real property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(d) Qualified Real Property.--For purposes of this section, the term `qualified real property' means section 1250 property (as defined by section 1250(c)) located in the United States-- ``(1) the original use of which commences with the taxpayer, and ``(2) which is placed in service by the taxpayer after the date of the enactment of this section. ``(e) Taxpayer Described.-- ``(1) In general.--A taxpayer is described in this subsection if, for the immediately prior taxable year, the taxpayer (or any predecessor) met the $5,000,000 gross receipts test of paragraph (2). ``(2) $5,000,000 gross receipts test.--For purposes of paragraph (1)-- ``(A) In general.--A taxpayer meets the $5,000,000 gross receipts test of this paragraph for a taxable year if the average annual gross receipts of the taxpayer for the 3-taxable-year period ending with such taxable year does not exceed $5,000,000. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of subparagraph (A). ``(C) Not in existence for entire 3-year period.-- If the taxpayer was not in existence for the entire 3- year period referred to in subparagraph (A), such paragraph shall be applied on the basis of the period during which the taxpayer (or trade or business) was in existence. ``(D) Special rules.--For purposes of subparagraph (A), the rules of paragraph (3) of section 448(c) shall apply. ``(f) Reporting.--No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless the taxpayer files with the Secretary a report containing such information as the Secretary shall require.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, or'', and by inserting after subparagraph (L) the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.''. (2) Section 312(k)(3)(B) is amended by striking ``or 179E'' each place it appears in the heading and text thereof and inserting ``179E, or 179F''. (3) The table of sections for part VI of subchapter B of chapter 1 is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Election to expense certain real property.''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after the date of the enactment of this Act.

Small Business Growth Act of 2009 - Amends the Internal Revenue Code to allow small business taxpayers with gross receipts of $5 million or less to elect to expense certain depreciable real property in the year such property is placed in service. Limits the amount of such expensing allowance to $125,000, adjusted for inflation after 2009.

To amend the Internal Revenue Code of 1986 to allow the expensing of certain real property.

SECTION 1. CHANGES IN THRESHOLD AND OTHER TESTS FOR DETERMINING AMOUNT OF WAGES PAID TO AGRICULTURAL WORKERS THAT ARE SUBJECT TO SOCIAL SECURITY AND MEDICARE TAXES. (a) Increase in $150 Remuneration Threshold to $1,000 and Increase in Total Farm Payroll Test.-- (1) Internal revenue code of 1986.--Subparagraph (B) of section 3121(a)(8) of the Internal Revenue Code of 1986 (relating to definition of wages) is amended-- (A) in clause (i), by striking ``$150'' and inserting ``$1,000''; and (B) in clause (ii), by striking ``$2500'' and inserting ``$50,000''. (2) Social security act.--Subparagraph (B) of section 209(a)(7) of the Social Security Act (42 U.S.C. 409(a)(7)(B)) (relating to definition of wages) is amended-- (A) in clause (i), by striking ``$150'' and inserting ``$1,000''; and (B) in clause (ii), by striking ``$2500'' and inserting ``$50,000''. (b) Adjustment for Inflation.-- (1) Internal revenue code of 1986.--Subsection (i) of section 3121 of the Internal Revenue Code of 1986 (relating to computation of wages in certain cases) is amended by adding at the end the following new paragraph: ``(6) Agricultural labor.-- ``(A) In general.--For purposes of this chapter, in the case of agricultural labor referred to in subsection (a)(8), in the case of a calendar year after 2001, the $1,000 amount contained in subparagraph (B)(i), and the $50,000 amount contained in subparagraph (B)(ii), shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (2) Social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection: ``(l)(1) For purposes of this title, in the case of agricultural labor referred to in subsection (a)(7), in the case of a calendar year after 2001, the $1,000 amount contained in subparagraph (B)(i), and the $50,000 amount contained in subparagraph (B)(ii), shall each be increased in the same manner as the $1,000 amount and the $50,000 amount, respectively, contained in section 3121(a)(8)(B) of the Internal Revenue Code of 1986 are increased pursuant to section 3121(i)(6) of such Code.''. (c) Exemption for Service Performed by Certain Full Time Students.-- (1) Internal revenue code of 1986.--Section 3121(b) of the Internal Revenue Code of 1986 (relating to definition of employment) is amended by striking ``or'' at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting ``; or'', and by adding at the end the following new paragraph: ``(22) agricultural labor performed by a full time student who has not attained 18 years of age.''. (2) Social security act.--Section 210(a) of the Social Security Act (42 U.S.C. 410(a)) is amended-- (A) by striking ``or'' at the end of paragraph (20), (B) by striking the period at the end of paragraph (21) and inserting ``; or'', and (C) by inserting after paragraph (21) the following new paragraph: ``(22) Agricultural labor performed by a full time student who has not attained 18 years of age.''. (d) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2001. SEC. 2. COORDINATION OF COLLECTION OF AGRICULTURAL LABOR EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. (a) In General.--Subsection (c) of section 3510 of the Internal Revenue Code of 1986 (relating to coordination of collection of domestic service employment taxes with collection of income taxes) is amended to read as follows: ``(c) Eligible Employment Taxes.-- ``(1) In general.--For purposes of this section, the term `eligible employment taxes' means-- ``(A) domestic service employment taxes, and ``(B) agricultural labor employment taxes. ``(2) Domestic service employment taxes.--For purposes of paragraph (1), the term `domestic service employment taxes' means-- ``(A) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(B) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this paragraph, the term `domestic service in a private home of the employer' includes domestic service described in section 3121(g)(5). ``(3) Agricultural labor employment taxes.--For purposes of paragraph (1), the term `agricultural labor employment taxes' means-- ``(A) any taxes imposed by chapter 21 or 23 on remuneration paid for agricultural labor, and ``(B) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this paragraph, the term `agricultural labor' has the meaning provided in section 3121(g).''. (b) Conforming Amendments.-- (1) The heading of section 3510 of such Code is amended by inserting ``AND AGRICULTURAL LABOR'' after ``DOMESTIC SERVICE''. (2) Subsections (a)(1), (b)(1), (e), and (f)(1) of such section are each amended by striking ``domestic service employment taxes'' and inserting ``eligible employment taxes''. (3) The heading of subsection (b) of such section is amended by striking ``Domestic Service'' and inserting ``Eligible''. (4) Subsection (d) and the first sentence of subsection (f)(1) of such section are each amended by inserting before the period at the end the following: ``or for agricultural labor''. (5) Subsection (e) of such section is amended by inserting before the period at the end the following: ``and agricultural labor employers' income taxes''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2001.

Amends the Internal Revenue Code and the Social Security Act, respectively, to increase the cash remuneration or employer expenditure thresholds for agricultural labor wage purposes.Amends the Code to provide for collection coordination of agricultural labor employment tax and income tax.

To amend the Internal Revenue Code of 1986 to change certain threshold and other tests in order to decrease the amount of farm labor wages that are subject to Social Security and Medicare taxes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Berry Amendment Extension Act''. SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND SECURITY; EXCEPTIONS. (a) Requirement.--Except as provided in subsections (c) through (e), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. (b) Covered Items.--An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States: (1) An article or item of-- (A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof); (B) tents, tarpaulins, or covers; (C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or (D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. (c) Availability Exception.--Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed. (d) Exception for Certain Procurements Outside the United States.-- Subsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Emergency procurements. (e) Exception for Small Purchases.--Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of title 10, United States Code. (f) Applicability to Contracts and Subcontracts for Procurement of Commercial Items.--This section is applicable to contracts and subcontracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430). (g) Geographic Coverage.--In this section, the term ``United States'' includes the possessions of the United States. (h) Notification Required Within 7 Days After Contract Award if Certain Exceptions Applied.--In the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration know as FedBizOps.gov (or any successor site). (i) Training During Fiscal Year 2008.-- (1) In general.--The Secretary of Homeland Security shall ensure that each member of the acquisition workforce in the Department of Homeland Security who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2008 on the requirements of this section and the regulations implementing this section. (2) Inclusion of information in new training programs.--The Secretary shall ensure that any training program for the acquisition workforce developed or implemented after the date of the enactment of this Act includes comprehensive information on the requirements described in paragraph (1). (j) Consistency With International Agreements.-- (1) In general.--No provision of this Act shall apply to the extent the Secretary of Homeland Security, in consultation with the United States Trade Representative, determines that it is in inconsistent with United States obligations under an international agreement. (2) Report.--The Secretary of Homeland Security shall submit a report each year to Congress containing, with respect to the year covered by the report-- (A) a list of each provision of this Act that did not apply during that year pursuant to a determination by the Secretary under paragraph (1); and (B) a list of each contract awarded by the Department of Homeland Security during that year without regard to a provision in this Act because that provision was made inapplicable pursuant to such a determination. (k) Effective Date.--This section applies with respect to contracts entered into by the Department of Homeland Security after the date of the enactment of this Act.

Berry Amendment Extension Act - Prohibits the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured as and when needed. Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000). Directs the Secretary to ensure that: (1) each member of DHS's acquisition workforce who regularly participates in textile acquisition receives training during FY2008 on this Act's requirements; and (2) any such training includes comprehensive information on such requirements. Makes this Act inapplicable to the extent that it is inconsistent with U.S. obligations under an international agreement.

To prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Removing Excess Litigation Involving Energy on Federal Lands Act'' or the ``RELIEF Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States spends over $1 billion per day to import crude oil from foreign countries; (2) such expenditure represents the largest wealth transfer in history; (3) the United States has at least 86 billion barrels of oil and 420 trillion cubic feet of natural gas in the outer Continental Shelf; (4) environmental groups have legally challenged every lease in the Alaskan Outer Continental Shelf in the Chukchi and Beaufort Seas; (5) environmental groups have legally challenged the entire 2007-2012 5-year national outer Continental Shelf leasing program; (6) such legal challenges significantly delay or ultimately prevent energy resources from reaching the American public; (7) these legal challenges come at a high cost to the American public and the American economy; and (8) Congress finds that expedited judicial review is necessary to prevent this gross abuse of the United States judicial system. SEC. 3. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO COVERED ENERGY PROJECTS. Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this Act or any other Act that arise from any covered energy project. SEC. 4. TIME FOR FILING COMPLAINT. All causes and claims referred to in section 3 must be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. Any cause or claim not filed within that time period shall be barred. SEC. 5. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE. (a) In General.--All proceedings that are subject to section 3-- (1) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and (2) shall take precedence over all other pending matters before the district court. (b) Failure To Comply With Deadline.--If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated. SEC. 6. ABILITY TO SEEK APPELLATE REVIEW. An interlocutory or final judgment, decree, or order of the district court may be reviewed by no other court except the Supreme Court. SEC. 7. DEADLINE FOR APPEAL TO THE SUPREME COURT. If a writ of certiorari has been granted by the Supreme Court pursuant to section 6, then-- (1) the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as possible and in any event not more than 180 days after such interlocutory or final judgment, decree, order of the district court is issued; and (2) all such proceedings shall take precedence over all other matters then before the Supreme Court. SEC. 8. LIMITATION ON SCOPE OF REVIEW AND RELIEF. (a) Administrative Findings and Conclusions.--In any judicial review of any Federal action under this Act, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on Prospective Relief.--In any judicial review of any action, or failure to act, under this Act, the Court shall not grant or approve any prospective relief unless the Court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. SEC. 9. LEGAL FEES. Any person filing a petition seeking judicial review of any action, or failure to act, under this Act who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. SEC. 10. EXCLUSION. This Act shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. SEC. 11. COVERED ENERGY PROJECT DEFINED. In this Act, the term ``covered energy project'' means any action or decision by a Federal official regarding-- (1) the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal lands for such leasing; or (2) any action under such a lease.

Removing Excess Litigation Involving Energy on Federal Lands Act or the RELIEF Act - Establishes judicial procedures for causes and claims relating to any action or decision by a federal official regarding the leasing of federal lands (including submerged lands) for the exploration, development, production, processing, or transmitting of oil, natural gas, or any other source or form of energy. Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to hear all causes and claims that arise from any covered energy project.

To establish judicial procedures for causes and claims relating to any action or decision by a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Timber Industry Fairness Act''. SEC. 2. PURPOSE. The purpose of this Act is to assist entities involved in the timber industry in Alaska-- (1) to deal with the adverse impacts of Federal timber policy; (2) to facilitate the economic adjustment of those entities; and (3) to retain jobs and lessen the impact of unemployment in communities where those entities are located. SEC. 3. FEDERAL TIMBER POLICY DEFINED. In this Act, the term ``Federal timber policy'' means any law or regulation of the United States relating to the timber industry, including any policy of the United States Forest Service and any land management plans completed pursuant to National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) related to the timber industry. SEC. 4. GRANTS AUTHORIZED. The Assistant Secretary for Economic Development of the Department of Commerce (in this Act referred to as the ``Assistant Secretary'') may provide grants to eligible entities described in section 5 for retooling projects described in section 6. SEC. 5. ELIGIBLE ENTITIES DESCRIBED. An eligible entity described in this section is any entity, including sawmills, logging companies, and road construction companies, that-- (1) operated in the timber industry in Alaska on January 1, 2008; (2) operated in the timber industry in Alaska for not less than 10 years; and (3) can demonstrate that the entity has been harmed by Federal timber policy. SEC. 6. RETOOLING PROJECTS DESCRIBED. (a) In General.--A retooling project described in this section is a project designed to facilitate the economic adjustment of an eligible entity by allowing the eligible entity-- (1) to improve or alter the business and practices of the eligible entity to allow the eligible entity to become more competitive within the timber industry; or (2) to shift to a type of business that is not related to the timber industry. (b) Additional Requirement.--An eligible entity seeking a grant for a retooling project shall commit, to the extent practicable, to continue to employ substantially the same number of employees employed by the eligible entity on January 1, 2008, for a reasonable period after the completion of the retooling project, as determined by the Assistant Secretary. SEC. 7. APPLICATION PROCESS. (a) In General.--An eligible entity seeking a grant under this Act shall submit an application to the Assistant Secretary in such form and in such manner as the Assistant Secretary considers appropriate. (b) Contents.--An application submitted under subsection (a) shall include-- (1) a description of the retooling project for which the eligible entity is seeking a grant; (2) a business plan and budget, including start-up costs, for the retooling project; and (3) a demonstration of the likelihood of success of the retooling project. (c) Approval.--Not later than 30 days after the date on which the Assistant Secretary receives an application under subsection (a) from an eligible entity, the Assistant Secretary shall determine whether to award a grant to the eligible entity. (d) Denial.--If the Assistant Secretary determines not to award a grant to an eligible entity that submitted an application under subsection (a), the Assistant Secretary shall afford the eligible entity a reasonable opportunity to address any deficiencies in the application. SEC. 8. AMOUNT OF GRANT. (a) In General.--Not later than 30 days after the date on which the Assistant Secretary determines to award a grant to an eligible entity, the Assistant Secretary shall-- (1) approve the business plan and the budget for the retooling project of the eligible entity; and (2) determine the amount of the grant to award the eligible entity. (b) Determination.--In determining the amount of the grant to award to an eligible entity, the Assistant Secretary shall consider the budget for the retooling plan approved under subsection (a)(1). The amount of the grant-- (1) shall cover 75 percent of the cost of the budget, not including any debt reimbursement costs; and (2) may cover up to 100 percent of the cost of the budget if the Assistant Secretary determines appropriate based on-- (A) the severity of the harm to the eligible entity related to Federal timber policy; and (B) the extent of unemployment in the community in which the retooling project will be based. SEC. 9. USE OF GRANT FUNDS. (a) In General.--An eligible entity receiving a grant under this Act-- (1) may use the grant-- (A) to pay for start-up costs necessary for the retooling project, including equipment, worker training, facility acquisition, technical assistance, and raw materials; and (B) to reimburse the eligible entity for the unamortized portion of debt described in subsection (b); and (2) may not use the grant for the ongoing operational and maintenance costs of the eligible entity. (b) Reimbursement of Debt.-- (1) In general.--An eligible entity may use a grant under this Act for the reimbursement of debt under subsection (a)(1)(B), without regard to whether the debt is held by Federal or private lenders, if-- (A) the eligible entity demonstrates that the debt was incurred-- (i) to acquire or improve infrastructure or equipment related to the timber industry, including sawmills, logging equipment, and road construction equipment, as a result of Federal timber policy; and (ii) on or after January 1, 1998, and before January 1, 2008; and (B) the lender certifies and notarizes the amount of unamortized debt. (2) Reduction.--The amount of a grant to be used for the reimbursement of debt under subsection (a)(1)(B) shall be reduced by the amount of any proceeds from the sale by the eligible entity of any infrastructure or equipment described in paragraph (1)(A). SEC. 10. DURATION OF GRANT PROGRAM. The grant program under this Act shall be carried out during the 2- year period beginning on the date on which the Assistant Secretary prescribes the regulations under section 12. SEC. 11. TREATMENT AS A MINORITY SMALL BUSINESS CONCERN UNDER THE SMALL BUSINESS ACT. Notwithstanding any other provision of law, an eligible entity receiving a grant under this Act shall be treated as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)) for purposes of the Small Business Act (15 U.S.C. 631 et seq.) for 3 years after the date on which the Assistant Secretary approves the application of the eligible entity for a grant under section 7. SEC. 12. REGULATIONS. Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary shall prescribe regulations to carry out the grant program under this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce $40,000,000 to carry out the grant program under this Act for fiscal years 2009 and 2010.

Alaska Timber Industry Fairness Act - Establishes a two-year grant program for retooling projects that are designed to facilitate the economic adjustment of specified timber entities by allowing them to: (1) improve or alter their business and practices to become more competitive within the timber industry; or (2) shift to a type of business that is not related to the timber industry. Authorizes the Assistant Secretary for Economic Development of the Department of Commerce to provide grants under such program to any entity that operated in the timber industry in Alaska on January 1, 2008, that operated in Alaska for not less than 10 years, and that can demonstrate that it has been harmed by federal laws or regulations relating to the timber industry, including the United States Forest Service's policies and land management plans completed pursuant to National Environmental Policy Act of 1969. Sets forth provisions concerning eligible uses of grant funding. Treats a grant recipient as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in the Small Business Act) for three years after the grant was approved.

A bill to establish a grant program to encourage retooling of entities in the timber industry in Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Affordability and Security Act of 2009''. SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS. (a) In General.-- (1) Cafeteria plans.--The last sentence of section 125(f) of the Internal Revenue Code of 1986 (defining qualified benefits) is amended by inserting before the period at the end ``; except that such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract''. (2) Flexible spending arrangements.--Section 106 of such Code (relating to contributions by an employer to accident and health plans) is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). (b) Conforming Amendments.-- (1) Section 6041 of such Code is amended by adding at the end the following new subsection: ``(h) Flexible Spending Arrangement Defined.--For purposes of this section, a flexible spending arrangement is a benefit program which provides employees with coverage under which-- ``(1) specified incurred expenses may be reimbursed (subject to reimbursement maximums and other reasonable conditions), and ``(2) the maximum amount of reimbursement which is reasonably available to a participant for such coverage is less than 500 percent of the value of such coverage. In the case of an insured plan, the maximum amount reasonably available shall be determined on the basis of the underlying coverage.''. (2) The following sections of such Code are each amended by striking ``section 106(d)'' and inserting ``section 106(c)'': sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11), 3306(b)(18), 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i). (3) Section 6041(f)(1) of such Code is amended by striking ``(as defined in section 106(c)(2))''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE INSURANCE. (a) Additional Protections Applicable to Long-Term Care Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986 (relating to requirements of model regulation and Act) are amended to read as follows: ``(A) In general.--The requirements of this paragraph are met with respect to any contract if such contract meets-- ``(i) Model regulation.--The following requirements of the model regulation: ``(I) Section 6A (relating to guaranteed renewal or noncancellability), other than paragraph (5) thereof, and the requirements of section 6B of the model Act relating to such section 6A. ``(II) Section 6B (relating to prohibitions on limitations and exclusions) other than paragraph (7) thereof. ``(III) Section 6C (relating to extension of benefits). ``(IV) Section 6D (relating to continuation or conversion of coverage). ``(V) Section 6E (relating to discontinuance and replacement of policies). ``(VI) Section 7 (relating to unintentional lapse). ``(VII) Section 8 (relating to disclosure), other than sections 8F, 8G, 8H, and 8I thereof. ``(VIII) Section 11 (relating to prohibitions against post-claims underwriting). ``(IX) Section 12 (relating to minimum standards). ``(X) Section 13 (relating to requirement to offer inflation protection). ``(XI) Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates). ``(XII) The provisions of section 28 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4) of this subsection. ``(ii) Model act.--The following requirements of the model Act: ``(I) Section 6C (relating to preexisting conditions). ``(II) Section 6D (relating to prior hospitalization). ``(III) The provisions of section 8 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4) of this subsection. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Model regulation.--The term `model regulation' means the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners (as adopted as of December 2006). ``(ii) Model act.--The term `model Act' means the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners (as adopted as of December 2006). ``(iii) Coordination.--Any provision of the model regulation or model Act listed under clause (i) or (ii) of subparagraph (A) shall be treated as including any other provision of such regulation or Act necessary to implement the provision. ``(iv) Determination.--For purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary.''. (b) Excise Tax.--Paragraph (1) of section 4980C(c) of the Internal Revenue Code of 1986 (relating to requirements of model provisions) is amended to read as follows: ``(1) Requirements of model provisions.-- ``(A) Model regulation.--The following requirements of the model regulation must be met: ``(i) Section 9 (relating to required disclosure of rating practices to consumer). ``(ii) Section 14 (relating to application forms and replacement coverage). ``(iii) Section 15 (relating to reporting requirements). ``(iv) Section 22 (relating to filing requirements for marketing). ``(v) Section 23 (relating to standards for marketing), including inaccurate completion of medical histories, other than paragraphs (1), (6), and (9) of section 23C. ``(vi) Section 24 (relating to suitability). ``(vii) Section 27 (relating to the right to reduce coverage and lower premiums). ``(viii) Section 31 (relating to standard format outline of coverage). ``(ix) Section 32 (relating to requirement to deliver shopper's guide). The requirements referred to in clause (vi) shall not include those portions of the personal worksheet described in Appendix B relating to consumer protection requirements not imposed by section 4980C or 7702B. ``(B) Model act.--The following requirements of the model Act must be met: ``(i) Section 6F (relating to right to return). ``(ii) Section 6G (relating to outline of coverage). ``(iii) Section 6H (relating to requirements for certificates under group plans). ``(iv) Section 6J (relating to policy summary). ``(v) Section 6K (relating to monthly reports on accelerated death benefits). ``(vi) Section 7 (relating to incontestability period). ``(vii) Section 9 (relating to producer training requirements). ``(C) Definitions.--For purposes of this paragraph, the terms `model regulation' and `model Act' have the meanings given such terms by section 7702B(g)(2)(B).''. (c) Effective Date.--The amendments made by this section shall apply to policies issued more than 1 year after the date of the enactment of this Act.

Long-Term Care Affordability and Security Act of 2009 - Amends the Internal Revenue Code to: (1) include long-term care insurance as a benefit under tax-exempt employee benefit cafeteria plans and flexible spending arrangements; and (2) extend certain consumer protections under the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners to all contracts for long-term care insurance.

To amend the Internal Revenue Code of 1986 to allow long-term care insurance to be offered under cafeteria plans and flexible spending arrangements and to provide additional consumer protections for long-term care insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyers' Tax Credit Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $20,000. ``(2) Taxable income limitation.--No credit shall be allowed under subsection (a) if the taxpayer's adjusted gross income for the taxable year immediately preceding the taxable year in which the purchase of the principal residence occurs exceeds $75,000 ($150,000 in the case of a joint return). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' has the same meaning as when used in section 72(t)(8)(D)(i). ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(C) Married individuals filing jointly.--In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time homebuyers. ``(D) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence-- ``(i) the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and ``(ii) the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. Except as provided in regulations, an interest in a partnership, S corporation, or trust which owns an interest in a residence shall not be treated as an interest in a residence. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants), and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of acquisition (within the meaning of section 72(t)(8)(D)(iii)). ``(c) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(e) Property To Which Section Applies.--The provisions of this section shall apply to a principal residence if the taxpayer purchases the residence during the period beginning on the date of enactment, and ending on the date which is 1 year after such date.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (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) in the case of a residence with respect to which a credit was allowed under section 36A, to the extent provided in section 36A(d).''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 36A'' after ``36''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Purchase of principal residence by first-time homebuyer.''.

First-Time Homebuyers' Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow an individual taxpayer who qualifies as a first-time homebuyer (i.e., an individual who had no ownership interest in a principal residence within the past two years) a one-time refundable credit for up to $20,000 of the purchase price of a principal residence. Reduces such credit for taxpayers with adjusted gross incomes exceeding $75,000 ($150,000 for married couples filing jointly).

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: ``(n) Redesign and Issuance of Circulating Quarter Dollar Honoring the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- (i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and (ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the chief executive of the District of Columbia or the territory being honored, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Timing and order of issuance.--Coins minted under this subsection honoring the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. Passed the House of Representatives March 25, 2004. Attest: JEFF TRANDAHL, Clerk.

District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to provide for the issuance of redesigned quarter dollars in 2009 honoring the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Prohibits such design from bearing the head and shoulders portrait or bust of any person, living or dead, or any portrait of a living person. Provides for: (1) flexibility of inscription placement; (2) design selection by the Secretary of the Treasury after consultation with the chief executive of the District of Columbia or the Territory, and the Commission of Fine Arts, and review by the Citizens Coinage Advisory Committee; (3) treatment as numismatic items; (4) participation by District or territorial officials, artists from the District of Columbia or Territory, engravers of the United States Mint, and members of the general public; and (5) issuance as silver coins.

To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bangladeshi Adjustment Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before July 1, 2000; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of Bangladesh and who has been physically present in the United States for a continuous period, beginning not later than January 1, 1987, and ending not earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than January 1, 1987, an alien-- (A) shall demonstrate that the alien, prior to January 1, 1987-- (i) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (ii) applied for any benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States prior to January 1, 1987; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Bangladesh; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than January 1, 1987, and ending not earlier than the date the application for adjustment under this subsection is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply; and (E) applies for such adjustment before July 1, 2000. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced not later than January 1, 1987, in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Bangladeshi Adjustment Act - Requires the Attorney General to adjust to lawful permanent resident alien the status of any national of Bangladesh who has been physically present in the United States for a continuous period between January 1, 1987, and the date an application for adjustment is filed, if the alien: (1) applies for such adjustment before July 1, 2000; and (2) is otherwise admissible to the United States for permanent residence. States that, in the determination of such admissibility, certain grounds for inadmissibility in the Immigration and Nationality Act shall not apply. Allows an alien present in the United States to apply for such status adjustment even though he or she has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States. Requires the Attorney General to cancel the order if the application is granted; but if the application is denied by a final administrative decision, the order shall be effective and enforceable to the same extent as if the application had not been made. Authorizes the Attorney General to: (1) allow an alien who has applied for adjustment of status to engage in employment in the United States during the pendency of such application; and (2) provide the alien with an "employment authorized" endorsement or other appropriate document. Requires the Attorney General to authorize such employment if such application is pending for a period exceeding 180 days, and has not been denied. Provides for the adjustment of status for spouses and children of such aliens. Outlines the availability of administrative review for applicants for adjustment of status as well as the preclusion of judicial review for final Attorney General determinations as to the adjustability of alien status.

Bangladeshi Adjustment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic Recovery Opportunity Act of 2004''. SEC. 2. TRADE BENEFITS TO HAITI. (a) In General.--The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section: ``SEC. 213A. SPECIAL RULE FOR HAITI. ``(a) In General.--In addition to any other preferential treatment under this Act, beginning on October 1, 2003, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). ``(b) Apparel Articles Described.--Apparel articles described in this subsection are apparel articles that are wholly assembled or knit- to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns. ``(c) Preferential Treatment.--The preferential treatment described in subsection (a), shall be extended-- ``(1) during the 12-month period beginning on October 1, 2003, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12- month period beginning October 1, 2002; and ``(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of-- ``(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and ``(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. ``(d) Eligibility Requirements.--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti-- ``(1) has established, or is making continual progress toward establishing-- ``(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ``(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ``(C) the elimination of barriers to United States trade and investment, including by-- ``(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ``(ii) the protection of intellectual property; and ``(iii) the resolution of bilateral trade and investment disputes; ``(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; ``(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and ``(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; ``(2) does not engage in activities that undermine United States national security or foreign policy interests; and ``(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities. ``(e) Conditions Regarding Enforcement of Circumvention.-- ``(1) In general.--The preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions: ``(A) Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States. ``(B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country. ``(C) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti. ``(D) Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention. ``(E) Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be). ``(F) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system. ``(2) Definitions.--In this subsection: ``(A) Circumvention.--The term `circumvention' means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results-- ``(i) in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or ``(ii) in obtaining preferential tariff treatment. ``(B) Transshipment.--The term `transshipment' has the meaning given such term under section 213(b)(2)(D)(iii).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2003. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)-- (A) that was made on or after October 1, 2003, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.

Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment. Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2003, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act.

To expand certain preferential trade treatment for Haiti.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2000''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS UNDER THE MEDICARE FEE-FOR- SERVICE PROGRAM. (a) Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new sections: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in 2001) shall make the following adjustments: ``(A) Certain states above national average.--If a State average per beneficiary amount for a year is greater than 105 percent (or 110 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 105 percent (or 110 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(B) Certain states below national average.--If a State average per beneficiary amount for a year is less than 95 percent (or 90 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 95 percent (or 90 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2000), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State ``(B) National average per beneficiary amount.-- Each year (beginning in 2000), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas. ``(e) Budget Neutrality.--The Secretary shall ensure that the provisions contained in this section do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted. ``improvements in collection and use of hospital wage data ``Sec. 1898. (a) Collection of Data.-- ``(1) In general.--The Secretary shall establish procedures for improving the methods used by the Secretary to collect data on employee compensation and paid hours of employment for hospital employees by occupational category. ``(2) Timeframe.--The Secretary shall implement the procedures described in paragraph (1) by not later than 180 days after the date of enactment of the Rural Health Protection and Improvement Act of 2000. ``(b) Adjustment to Hospital Wage Level.--By not later than 1 year after the date of enactment of the Rural Health Protection and Improvement Act of 2000, the Secretary shall make necessary revisions to the methods used to adjust payments to hospitals for different area wage levels under section 1886(d)(3)(E) to ensure that such methods take into account the data described in subsection (a)(1). ``(c) Limitation.--To the extent possible, in making the revisions described in subsection (b), the Secretary shall ensure that current rules regarding which hospital employees are included in, or excluded from, the determination of the hospital wage levels are not effected by such revisions. ``(d) Budget Neutrality.--The Secretary shall ensure that any revisions made under subsection (b) do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if the Secretary had not made such revisions.''.

Requires the Secretary to: (1) establish procedures for improving methods to collect wage and hour data on hospital employees by occupational category; and (2) revise the methods used to adjust payments to hospitals for different area wage levels to ensure that such data are taken into account.

Medicare Fairness in Reimbursement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right-To-Know Act''. SEC. 2. COST AND PERFORMANCE OF GOVERNMENT PROGRAMS. (a) Amendment.--Section 1122(a) of title 31, United States Code, is amended by adding at the end the following: ``(3) Additional information.-- ``(A) In general.--Information for each program described under paragraph (1) shall include the following to be updated not less than annually: ``(i) The total administrative cost of the program for the previous fiscal year. ``(ii) The expenditures for services for the program for the previous fiscal year. ``(iii) An estimate of the number of clients served by the program and beneficiaries who received assistance under the program (if applicable) for the previous fiscal year. ``(iv) An estimate of, for the previous fiscal year-- ``(I) the number of full-time Federal employees who administer the program; and ``(II) the number of full-time employees whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance who administer or assist in administering the program. ``(v) An identification of the specific statute that authorizes the program, including whether such authorization is expired. ``(vi) Any finding of duplication or overlap identified by internal review, an Inspector General, the Government Accountability Office, or other report to the agency about the program. ``(vii) Any program performance reviews (including program performance reports required under section 1116). ``(B) Definitions.--In this paragraph: ``(i) Administrative cost.--The term `administrative cost' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this paragraph, with respect to an agency-- ``(I) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and ``(II) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. ``(ii) Services.--The term `services' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans).''. (b) Expired Grant Funding.--Not later than February 1 of each fiscal year, the Director of the Office of Management and Budget shall publish on the public website of the Office of Management and Budget the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REQUIREMENTS RELATING TO IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE GOVERNMENT PROGRAMS. Section 21 of the Statutory Pay-As-You-Go Act of 2010 (31 U.S.C. 712 note) is amended by inserting ``(a)'' before the first sentence and by adding at the end the following: ``(b) The Comptroller General shall maintain and provide regular updates, on not less than an annual basis to a publicly available website that tracks the status of responses by Departments and the Congress to suggested actions that the Comptroller General has previously identified in annual reports under subsection (a). The status of these suggested actions shall be tracked for an appropriate period to be determined by the Comptroller General. The requirements of this subsection shall apply during the effective period of subsection (a).''. SEC. 4. CLASSIFIED INFORMATION. Nothing in this Act shall, or the amendments made by this Act, be construed to require the disclosure of classified information. SEC. 5. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act, and the amendments made by this Act. (b) Implementation.--This Act, and the amendments made by this Act, shall be implemented not later than one year after the date of the enactment of this Act. (c) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act, or the amendments made by this Act. Passed the House of Representatives February 25, 2014. Attest: KAREN L. HAAS, Clerk.

Taxpayers Right-To-Know Act - (Sec. 2) Sets forth additional information relating to a federal program that the Office of Management and Budget (OMB) is required to include on its website and update at least annually, including: (1) the total administrative cost of the program and the expenditures for services for the program for the previous fiscal year; (2) an estimate of the number of clients served by the program and beneficiaries who received assistance under the program for the previous fiscal year; (3) an estimate, for the previous fiscal year, of the number of full-time federal employees who administer the program and the number of full-time employees whose salary is paid in part or in full by the federal government through a grant or contract or other form of financial assistance; (4) an identification of the specific statute that authorizes the program and whether such authorization is expired; (5) any finding of duplication or overlap; and (6) any program performance reviews for such program. Requires the OMB Director, not later than February 1 of each fiscal year, to publish on the OMB website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (Sec. 3) Amends the Statutory Pay-As-You-Go Act of 2010 to require the Comptroller General (GAO) to maintain and provide regular annual updates to a publicly available website that tracks the status of agency responses to recommendations by the Comptroller General for identifying duplicative government programs. (Sec. 4) Declares that nothing in this Act shall be construed to require the disclosure of classified information. (Sec. 5) Requires the OMB Director to implement this Act not later than one year after its enactment. Prohibits the authorization of additional funds to carry out the requirements of this Act.

Taxpayers Right-To-Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Dispute Resolution and Settlement Encouragement Act''. SEC. 2. ARBITRATION IN DISTRICT COURTS. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking ``for each of the fiscal years 1994 through 1997''. (b) Arbitration To Be Ordered in All District Courts.-- (1) Authorization of arbitration.--Section 651(a) of title 28, United States Code, is amended to read as follows: ``(a) Authority.--Each United States district court shall authorize by local rule the use of arbitration in civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter.''. (2) Actions referred to arbitration.--Section 652(a) of title 28, United States Code, is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A) by striking ``and section 901(c)'' and all that follows through ``651'' and inserting ``a district court''; and (ii) in subparagraph (B) by striking ``$100,000'' and inserting ``$150,000''; and (B) in paragraph (2) by striking ``$100,000'' and inserting ``$150,000''. (3) Certification of arbitrators.--Section 656(a) of title 28, United States Code, is amended by striking ``listed in section 658''. (4) Removal of limitation.--Section 658 of title 28, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 44 of title 28, United States Code, are repealed. (c) Conforming Amendment.--Section 901 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 652 note) is amended by striking subsection (c). SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e)(1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. ``(2) If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. ``(3) The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. ``(4) At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. ``(5) If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. ``(6) If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. ``(7) Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed-- ``(A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims; or ``(B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. ``(8) This subsection does not apply to any claim seeking an equitable remedy.''. SEC. 4. RELIABILITY OF EVIDENCE. Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is amended-- (1) by inserting ``(a) In general.--'' before ``If'', and (2) by adding at the end the following: ``(b) Adequate basis for opinion.--Testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion-- ``(1) is scientifically valid and reliable; ``(2) has a valid scientific connection to the fact it is offered to prove; and ``(3) is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. ``(c) Disqualification.--Testimony by a witness who is qualified as described in subdivision (a) is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. ``(d) Scope.--Subdivision (b) does not apply to criminal proceedings.''. SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Section 2.--The amendments made by section 2 shall take effect on the date of the enactment of this Act. (b) Sections 3 and 4.-- (1) In general.--Subject to paragraph (2), the amendments made by sections 3 and 4 shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. (2) Application of amendments.--(A) The amendment made by section 3 shall apply only with respect to civil actions commenced after the effective date set forth in paragraph (1). (B) The amendments made by section 4 shall apply only with respect to cases in which a trial begins after the effective date set forth in paragraph (1).

Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated. (Sec. 3) Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. (Sec. 4) Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony; and (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony.

Alternative Dispute Resolution and Settlement Encouragement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Utilization Now Demonstration Act of 2007'' or the ``SUN Act of 2007''. SEC. 2. PHOTOVOLTAIC DEMONSTRATION PROGRAM. (a) In General.--The Secretary shall establish a program of grants to States to demonstrate advanced photovoltaic technology. (b) Requirements.-- (1) Ability to meet requirements.--To receive funding under the program under this section, a State must submit a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection (f). (2) Compliance with requirements.--If a State has received funding under this section for the preceding year, the State must demonstrate, to the satisfaction of the Secretary, that it complied with the requirements of subsection (f) in carrying out the program during that preceding year, and that it will do so in the future, before it can receive further funding under this section. (3) Funding allocation.--Each State submitting a qualifying proposal shall receive funding under the program based on the proportion of United States population in the State according to the 2000 census. In each fiscal year, the portion of funds attributable under this paragraph to States that have not submitted qualifying proposals in the time and manner specified by the Secretary shall be distributed pro rata to the States that have submitted qualifying proposals in the specified time and manner. (c) Competition.--If more than $25,000,000 is available for the program under this section for any fiscal year, the Secretary shall allocate 75 percent of the total amount of funds available according to subsection (b)(3), and shall award the remaining 25 percent on a competitive basis to the States with the proposals the Secretary considers most likely to encourage the widespread adoption of photovoltaic technologies. (d) Proposals.--Not later than 6 months after the date of enactment of this Act, and in each subsequent fiscal year for the life of the program, the Secretary shall solicit proposals from the States to participate in the program under this section. (e) Competitive Criteria.--In awarding funds in a competitive allocation under subsection (c), the Secretary shall consider-- (1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; and (2) the extent to which a proposal is likely to-- (A) maximize the amount of photovoltaics demonstrated; (B) maximize the proportion of non-Federal cost share; and (C) limit State administrative costs. (f) State Program.--A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photo-voltaic technologies. Each State program shall-- (1) require a contribution of at least 60 percent per award from non-Federal sources, which may include any combination of State, local, and private funds, except that at least 10 percent of the funding must be supplied by the State; (2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors; (3) limit State administrative costs to no more than 10 percent of the grant; (4) report annually to the Secretary on-- (A) the amount of funds disbursed; (B) the amount of photovoltaics purchased; and (C) the results of the monitoring under paragraph (5); (5) provide for measurement and verification of the output of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems, or at least 20 years; and (6) require that applicant buildings must have received an independent energy efficiency audit during the 6-month period preceding the filing of the application. (g) Unexpended Funds.--If a State fails to expend any funds received under subsection (b) or (c) within 3 years of receipt, such remaining funds shall be returned to the Treasury. (h) Reports.--The Secretary shall report to Congress 5 years after funds are first distributed to the States under this section-- (1) the amount of photovoltaics demonstrated; (2) the number of projects undertaken; (3) the administrative costs of the program; (4) the amount of funds that each State has not received because of a failure to submit a qualifying proposal, as described in subsection (b)(3); (5) the results of the monitoring under subsection (f)(5); and (6) the total amount of funds distributed, including a breakdown by State. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for the purposes of carrying out this section-- (1) $15,000,000 for fiscal year 2008; (2) $30,000,000 for fiscal year 2009; (3) $45,000,000 for fiscal year 2010; (4) $60,000,000 for fiscal year 2011; and (5) $70,000,000 for fiscal year 2012.

Solar Utilization Now Demonstration Act of 2007 or the SUN Act of 2007 - Directs the Secretary of Energy to establish a program of grants to states to demonstrate advanced photovoltaic technology.

To direct the Secretary of Energy to establish a photovoltaic demonstration program, and for other purposes.

SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM. (a) Establishment.--If the Secretary of Commerce determines, on the basis of comments submitted in rulemaking under section 2, that-- (1) interest among manufacturers is sufficient to warrant the establishment of a 3-year toll free number pilot program, and (2) manufacturers will provide fees under section 2(c) so that the program will operate without cost to the Federal Government, the Secretary shall establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof. The Secretary shall publish the toll-free number by notice in the Federal Register. (b) Contract.--The Secretary of Commerce shall enter into a contract for-- (1) the establishment and operation of the toll free number pilot program provided for in subsection (a), and (2) the registration of products pursuant to regulations issued under section 2, which shall be funded entirely from fees collected under section 2(c). (c) Use.--The toll free number shall be used solely to inform consumers as to whether products are registered under section 2 as made in America or the equivalent thereof. Consumers shall also be informed that registration of a product does not mean-- (1) that the product is endorsed or approved by the Government, (2) that the Secretary has conducted any investigation to confirm that the product is a product which meets the definition of made in America or the equivalent thereof, or (3) that the product contains 100 percent United States content. SEC. 2. REGISTRATION. (a) Proposed Regulation.--The Secretary of Commerce shall propose a regulation-- (1) to establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with the definition of a product made in America or the equivalent thereof and have such product included in the information available through the toll free number established under section 1(a); (2) to establish, assess, and collect a fee to cover all the costs (including start-up costs) of registering products and including registered products in information provided under the toll-free number; (3) for the establishment under section 1(a) of the toll- free number pilot program; and (4) to solicit views from the private sector concerning the level of interest of manufacturers in registering products under the terms and conditions of paragraph (1). (b) Promulgation.--If the Secretary determines based on the comments on the regulation proposed under subsection (a) that the toll- free number pilot program and the registration of products is warranted, the Secretary shall promulgate such regulations. (c) Registration Fee.-- (1) In general.--Manufacturers of products included in information provided under section 1 shall be subject to a fee imposed by the Secretary of Commerce to pay the cost of registering products and including them in information provided under subsection (a). (2) Amount.--The amount of fees imposed under paragraph (1) shall-- (A) in the case of a manufacturer, not be greater than the cost of registering the manufacturer's product and providing product information directly attributable to such manufacturer, and (B) in the case of the total amount of fees, not be greater than the total amount appropriated to the Secretary of Commerce for salaries and expenses directly attributable to registration of manufacturers and having products included in the information provided under section 1(a). (3) Crediting and availability of fees.-- (A) In general.--Fees collected for a fiscal year pursuant to paragraph (1) shall be credited to the appropriation account for salaries and expenses of the Secretary of Commerce and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (B) Collections and appropriation acts.--The fees imposed under paragraph (1)-- (i) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (ii) shall only be collected and available for the costs described in paragraph (2). SEC. 3. PENALTY. Any manufacturer of a product who knowingly registers a product under section 2 which is not made in America or the equivalent thereof-- (1) shall be subject to a civil penalty of not more than $7500 which the Secretary of Commerce may assess and collect, and (2) shall not offer such product for purchase by the Federal Government. SEC. 4. DEFINITION. For purposes of this Act: (1) The term ``made in America or the equivalent thereof'', with respect to a product, has the meaning given such term for purposes of laws administered by the Federal Trade Commission. (2) The term ``product'' means a product with a retail value of at least $250. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or in any regulation promulgated under section 2 shall be construed to alter, amend, modify, or otherwise affect in any way, the Federal Trade Commission Act or the opinions, decisions, rules, or any guidance issued by the Federal Trade Commission regarding the use of the term ``made in America or the equivalent thereof'' in labels on products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce. Passed the House of Representatives September 4, 1996. Attest: ROBIN H. CARLE, Clerk.

Directs the Secretary of Commerce, on determining sufficient manufacturer interest, to contract for the establishment of a three-year toll-free number pilot program, funded entirely by manufacturers, to inform consumers whether a product is made in America or the equivalent. Provides for voluntary product registration by manufacturers and collection from manufacturers of fees sufficient to cover registration costs. Imposes penalties for knowingly registering a product that is not American made.

To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bend Pine Nursery Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of Oregon. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any or all right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) Tract A, Bend Pine Nursery, comprising approximately 210 acres, as depicted on site plan map entitled ``Bend Pine Nursery Administrative Site, May 13, 1999''. (2) Tract B, the Federal Government owned structures located at Shelter Cove Resort, Deschutes National Forest, buildings only, as depicted on site plan map entitled ``Shelter Cove Resort, November 3, 1997''. (3) Tract C, portions of isolated parcels of National Forest Land located in Township 20 south, Range 10 East section 25 and Township 20 South, Range 11 East sections 8, 9, 16, 17, 20, and 21 consisting of approximately 1,260 acres, as depicted on map entitled ``Deschutes National Forest Isolated Parcels, January 1, 2000''. (4) Tract D, Alsea Administrative Site, consisting of approximately 24 acres, as depicted on site plan map entitled ``Alsea Administrative Site, May 14, 1999''. (5) Tract F, Springdale Administrative Site, consisting of approximately 3.6 acres, as depicted on site plan map entitled ``Site Development Plan, Columbia Gorge Ranger Station, April 22, 1964''. (6) Tract G, Dale Administrative Site, consisting of approximately 37 acres, as depicted on site plan map entitled ``Dale Compound, February 1999''. (7) Tract H, Crescent Butte Site, consisting of approximately .8 acres, as depicted on site plan map entitled ``Crescent Butte Communication Site, January 1, 2000''. (b) Consideration.--Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land, existing improvements, or improvements constructed to the specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this Act, any sale or exchange of National Forest System land under subsection (a) shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of land exchanged under subsection (a). (e) Solicitations of Offers.-- (1) In general.--Subject to paragraph (3), the Secretary may solicit offers for sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (3) Right of first refusal.--The Bend Metro Park and Recreation District in Deschutes County, Oregon, shall be given the right of first refusal to purchase the Bend Pine Nursery described in subsection (a)(1). (f) Revocations.-- (1) In general.--Any public land order withdrawing land described in subsection (a) from all forms of appropriation under the public land laws is revoked with respect to any portion of the land conveyed by the Secretary under this section. (2) Effective date.--The effective date of any revocation under paragraph (1) shall be the date of the patent or deed conveying the land. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under section 3(a) in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for-- (1) the acquisition, construction, or improvement of administrative and visitor facilities and associated land in connection with the Deschutes National Forest; (2) the construction of a bunkhouse facility in the Umatilla National Forest; and (3) to the extent the funds are not necessary to carry out paragraphs (1) and (2), the acquisition of land and interests in land in the State. (c) Administration.--Subject to valid existing rights, the Secretary shall manage any land acquired by purchase or exchange under this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the ``Weeks Act'') and other laws (including regulations) pertaining to the National Forest System. SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES. The Secretary may acquire, construct, or improve administrative facilities and associated land in connection with the Deschutes National Forest System by using-- (1) funds made available under section 4(b); and (2) to the extent the funds are insufficient to carry out the acquisition, construction, or improvement, funds subsequently made available for the acquisition, construction, or improvement. SEC. 6. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

States that consideration may include land or improvements, and permits a cash equalization payment exceeding 25 percent of the exchanged land. Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Park and Recreation District in Deschutes County, Oregon. (Sec. 4) Requires proceeds to be deposited in the fund established under the Sisk Act. Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of visitor and administrative facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land and land interests in Oregon. (Sec. 5) Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve administrative facilities and related land in connection with the Deschutes National Forest System. (Sec. 6) Authorizes appropriations.

Bend Pine Nursery Land Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of Corporate Fraud Act''. SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF. (a) Proceeds of S.E.C. Enforcement Actions.--If in any administrative or judicial proceeding brought by the Securities and Exchange Commission against-- (1) a corporation, or any officer, director, or principal shareholder of such corporation, for any violation of the securities laws; or (2) the accounting firm performing audit services for such corporation, any subsidiary or affiliate of such firm, or any general or limited partner of such firm, subsidiary, or affiliate, for any violation of the securities laws with respect to any audit services performed for or in relation to the corporation described in paragraph (1); the Commission obtains an order providing for an accounting and disgorgement of funds, such disgorgement fund (including any addition to such fund required or permitted under this section) shall be allocated in accordance with the requirements of this section. (b) Priority for Former Employees of Corporation.--The Commission shall, by rule, establish an allocation system for the disgorgement fund. Such system shall provide that, in allocating the disgorgement fund amount to the victims of the securities laws violations, the first priority shall be given to individuals who were employed by the corporation described in subsection (a)(1) or a subsidiary or affiliate of such corporation, and who were participants in an individual account plan established by such corporation, subsidiary, or affiliate. Such allocations among such individuals shall be in proportion to the extent to which the nonforfeitable accrued benefit of each such individual under the plan was invested in the securities of such corporation, subsidiary, or affiliate. (c) Addition of Civil Penalties.--Any civil penalty assessed and collected in any proceeding described in subsection (a) shall be added to and become part of the disgorgement fund pursuant to section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246), and shall be allocated pursuant to subsection (b) of this section. (d) Acceptance of Federal Campaign Contributions.-- (1) In general.--Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting before ``or may be used'' the following: ``may be transferred to any disgorgement fund which is required to be allocated in accordance with the requirements of the ``Justice for Victims of Corporate Fraud Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to any amounts received by a candidate at any time before, on, or after the date of the enactment of this Act. (e) Acceptance of Additional Donations.--The Commission is authorized to accept, hold, administer, and utilize gifts, bequests, and devises of property, both real and personal, to the United States for the disgorgement fund. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the disgorgement fund and shall be available for allocation in accordance with subsection (b). (f) Definitions.--As used in this section: (1) Commission.--The term ``Commission'' means the Securities Exchange Commission. (2) Securities laws.--The term ``securities laws'' means the Securities Act of 1933 (15 U.S.C. 78a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.), and the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et seq.). (3) Disgorgement fund.--The term ``disgorgement fund'' means a disgorgement fund established in any administrative or judicial proceeding described in subsection (a). (4) Subsidiary or affiliate.--The term ``subsidiary or affiliate'' when used in relation to a person means any entity that controls, is controlled by, or is under common control with such person. (5) Officer, director, or principal shareholder.--The term ``officer, director, or principal shareholder'' means any person that is subject to the requirements of section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) in relation to the corporation described in section 2(a), or any subsidiary or affiliate of such corporation. (6) Nonforfeitable; accrued benefit; individual account plan.--The terms ``nonforfeitable'', ``accrued benefit'', and ``individual account plan'' have the meanings provided such terms, respectively, in paragraphs (19), (23), and (34) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(19), (23), (34)).

Justice for Victims of Corporate Fraud Act - Directs the Securities Exchange Commission to establish an allocation system for any disgorgement fund that has been established pursuant to an order for an accounting and disgorgement of funds, and which is designated for victims of securities laws violations committed by either a corporation or its auditing firm.Grants first priority to former employees of the corporation who participated in an individual account plan established by such corporation.Declares that civil penalties collected in the SEC enforcement proceeding shall be added to the disgorgement fund. Amends the Federal Election Campaign Act of 1971 to permit transfer of certain Federal campaign contributions into the disgorgement fund as well.

To permit certain funds assessed for securities laws violations to be used to compensate employees who are victims of excessive pension fund investments in the securities of their employers, and for other purposes.

SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. ``(a) In General.--Gross income shall not include-- ``(1) so many shares of any stock received by an individual in a qualified employee stock distribution of such individual's employer as does not exceed the maximum stock amount, ``(2) any gain on stock excluded from gross income under paragraph (1) if such stock is held by such individual for not less than 10 years, and ``(3) in the case of any qualified disposition of stock which is described in paragraph (2) (and which meets the holding requirement of such paragraph), any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed (determined as of the time of disposition). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified employee stock distribution.--The term `qualified employee stock distribution' means a distribution by an employer of stock of such employer to all employees (determined as of the date of the distribution) of such employer as compensation for services. ``(2) Maximum stock amount.--The term `maximum stock amount' means, with respect to any distribution, the lowest number of shares of stock of the employer received by any employee of the employer in such distribution. ``(3) Qualified disposition.-- ``(A) In general.--The term `qualified disposition' means, with respect to the disposition of any stock described in paragraph (2) during any calendar year, the disposition of a number of shares of such stock not in excess of the excess of-- ``(i) the applicable percentage of the aggregate number of shares of such stock received during the calendar year that such stock was received, over ``(ii) the aggregate number of shares of such stock taken into account under this subparagraph for all prior calendar years. ``(B) Applicable percentage.--For purposes of clause (i), the applicable percentage is, with respect to any calendar year following the calendar year in which such stock was received, the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: The first through tenth such calendar years.. 0 percent The eleventh such calendar year.............. 10 percent The twelfth such calendar year............... 20 percent The thirteenth such calendar year............ 30 percent The fourteenth such calendar year............ 40 percent The fifteenth such calendar year............. 50 percent The sixteenth such calendar year............. 60 percent The seventeenth such calendar year........... 70 percent The eighteenth such calendar year............ 80 percent The nineteenth such calendar year............ 90 percent Any subsequent calendar year................. 100 percent. ``(c) Employment Taxes.--Amounts excluded from gross income under subsection (a)(1) shall not be taken into account as wages for purposes of chapters 21, 22, 23, 23A, and 24. ``(d) Recapture if Stock Disposed During Required Holding Period.-- If an amount is excluded from gross income under subsection (a)(1) with respect to any stock and the individual disposes of such stock at any time during the 5-year period beginning on the date that such individual received such stock-- ``(1) the gross income of such individual for the taxable year which includes the date of such disposition shall be increased by the amount so excluded, and ``(2) the tax imposed by this chapter for such taxable year shall be increased by the sum of the amounts of tax which would have been imposed under subchapters A and B of chapters 21 and 22 if subsection (c) had not applied with respect to such amount. For purposes of this title and the Social Security Act, any increase in tax under paragraph (2) shall be treated as imposed under the provision of chapter 21 or 22 with respect to which such increase relates. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section, including regulations which provide for the application of this section to stock options.''. (b) Clerical Amendment.--The table of section for such part is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Qualified stock distributions to employees.''. (c) Effective Date.--The amendments made by this section shall apply to stock received by employees after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of stock received from an employer in a qualified employee stock distribution not exceeding the lowest number of shares received by any employee in such distribution; (2) any gain on such stock if held by such employee for not less than 10 years, and (3) in the case of any qualified disposition of stock that meets such holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed. .

To amend the Internal Revenue Code of 1986 to exclude from gross income compensation received by employees consisting of qualified distributions of employer stock.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some four-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Indian students who are residents of the State or of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2016 and each succeeding fiscal year, the Secretary of Education shall pay to any eligible college an amount equal to the charges for tuition for all Indian students who are not residents of the State in which the college is located and who are enrolled in the college for the academic year ending before the beginning of such fiscal year. (2) Eligible colleges.--For purposes of this section, an eligible college is any four-year Native American-serving nontribal institution of higher education which provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation.--The amount paid to any college for each fiscal year under paragraph (1) may not exceed the lower of the following amounts: (A) The amount equal to the charges for tuition for all Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2014-2015. (B) $15,000,000. (b) Treatment of Payment.--Any amounts received by a college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve any State from any mandate it may have under Federal law to reimburse a college for each academic year-- (1) with respect to Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definitions.--In this section, the term ``Indian students'' includes reference to the term ``Indian pupils'' as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which it received its original grant of land and facilities from the United States. (e) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all available unobligated funds, $15,000,000 in appropriated discretionary funds are hereby rescinded. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception.--This section shall not apply to the unobligated funds of-- (1) the Department of the Interior for the postsecondary education of Native American Indian students; (2) the Department of Defense; (3) the Department of Veterans Affairs; or (4) the Department of Education.

Native American Indian Education Act Directs the Department of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Prohibits the amount paid to any such college from exceeding the lower of the following amounts: (1) the charges for tuition for the Indian students of that college who were non-residents of the state in which the college is located and who were enrolled in the college for academic year 2014-2015, or (2) $15 million. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program.

Native American Indian Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistic Imaging Evaluation and Study Act of 2001''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To conduct a comprehensive study of ballistic imaging technology and evaluate design parameters for packing and shipping of fired cartridge cases and projectiles. (2) To determine the effectiveness of the National Integrated Ballistic Information Network (NIBIN) as a tool in investigating crimes committed with handguns and rifles. (3) To establish the cost and overall effectiveness of State-mandated ballistic imaging systems and the sharing and retention of the data collected by the systems. SEC. 3. STUDY. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Attorney General shall enter into an arrangement with the National Research Council of the National Academy of Sciences, which shall have sole responsibility for conducting under the arrangement a study to determine the following: (1) The design parameters for an effective and uniform system for packing fired cartridge cases and projectiles, and for collecting information that will accompany a fired cartridge case and projectile and be entered into a ballistic imaging system. (2) The most effective method for projectile recovery that can be used to collect fired projectiles for entry into a ballistic imaging system and the cost of such recovery equipment. (3) Which countries are employing ballistic imaging systems and the results of the systems as a tool in investigating crimes committed with handguns and rifles. (4) The comprehensive cost, to date, for Federal, State, and local jurisdictions that have implemented a ballistic imaging system to include startup, operating costs, and outlays for personnel and administration. (5) The estimated yearly cost for administering a ballistic imaging system, the storage of cartridge cases and projectiles on a nationwide basis, and the costs to industry and consumers of doing so. (6) How many revolvers, manually operated handguns, semiautomatic handguns, manually operated rifles, and semiautomatic rifles are sold in the United States each year, the percentage of crimes committed with revolvers, other manually operated handguns, and manually operated rifles as compared with semiautomatic handguns and semiautomatic rifles, and the percentage of each currently on record in the NIBIN system. (7) Whether in countries where ballistic identification has been implemented, a shift has occurred in the number of semiautomatic handguns and semiautomatic rifles, compared with revolvers, other manually operated handguns, and manually operated rifles that are used to commit a crime. (8) A comprehensive list of environmental and nonenvironmental factors, including modifications to a firearm, that can substantially alter or change the identifying marks on a cartridge case and projectile so as to preclude a scientifically reliable comparison between specimens and the stored image from the same firearm being admissible as evidence in a court of law. (9) The technical improvements in database management that will be necessary to keep pace with system growth and the estimated cost of the improvements. (10) What redundant or duplicate systems exist, or have existed, the ability of the various systems to share information, and the cost and time it will take to integrate operating systems. (11) Legal issues that need to be addressed at the Federal and State levels to codify the type of information that would be captured and stored as part of a national ballistic identification program and the sharing of the information between State systems and NIBIN. (12) What storage and retrieval procedures guarantee the integrity of cartridge cases and projectiles for indefinite periods of time and insure proper chain of custody and admissibility of ballistic evidence or images in a court of law. (13) The time, cost, and resources necessary to enter images of fired cartridge cases and fired projectiles into a ballistic imaging identification system of all new handguns and rifles sold in the United States and those possessed lawfully by firearms owners. (14) Whether an effective procedure is available to collect fired cartridge cases and projectiles from privately owned handguns and rifles. (15) Whether the cost of ballistic imaging technology is worth the investigative benefit to law enforcement officers. (16) Whether State-based ballistic imaging systems, or a combination of State and Federal ballistic imaging systems that record and store cartridge cases and projectiles can be used to create a centralized list of firearms owners. (17) The cost-effectiveness of using a Federal, NIBIN-based approach to using ballistic imaging technology as opposed to State-based initiatives. SEC. 4. CONSULTATION. In carrying out this Act, the National Research Council of the National Academy of Sciences shall consult with-- (1) Federal, State, and local officials with expertise in budgeting, administering, and using a ballistic imaging system, including the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, and the Bureau of Forensic Services at the California Department of Justice; (2) law enforcement officials who use ballistic imaging systems; (3) entities affected by the actual and proposed uses of ballistic imaging technology, including manufacturers, distributors, importers, and retailers of firearms and ammunition, firearms purchasers and owners and their organized representatives, the Sporting Arms and Ammunition Manufacturers' Institute, Inc., and the National Shooting Sports Foundation, Inc.; (4) experts in ballistics imaging and related fields, such as the Association of Firearm and Tool Mark Examiners, projectile recovery system manufacturers, and ballistic imaging device manufacturers; (5) foreign officials administering ballistic imaging systems and foreign experts; and (6) individuals or organizations with significant expertise in the field of ballistic imaging technology, as the Attorney General deems necessary. SEC. 5. REPORT. Not later than 30 days after the National Research Council of the National Academy of Sciences completes the study conducted under section 3, the National Research Council shall submit to the Attorney General a report on the results of the study, and the Attorney General shall submit to the Congress a report, which shall be made public, that contains-- (1) the results of the study; and (2) recommendations for legislation, if applicable. SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BALLISTIC IMAGING TECHNOLOGY. (a) In General.--Notwithstanding any other provision of law, a State shall not use Federal funds for ballistic imaging technology until the report referred to in section 5 is completed and transmitted to the Congress. (b) Waiver Authority.--On request of a State, the Secretary of the Treasury may waive the application of subsection (a) to a use of Federal funds upon a showing that the use would be in the national interest. SEC. 7. DEFINITIONS. In this Act: (1) The term ``ballistic imaging technology'' means software and hardware that records electronically, stores, retrieves, and compares the marks or impressions on the cartridge case and projectile of a round of ammunition fired from a handgun or rifle. (2) The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (3) The term ``rifle'' has the meaning given the term in section 921(a)(7) of title 18, United States Code. (4) The term ``cartridge case'' means the part of a fully assembled ammunition cartridge that contains the propellant and primer for firing. (5) The terms ``manually operated handgun'' and ``manually operated rifle'' mean any handgun or rifle, as the case may be, in which all loading, unloading, and reloading of the firing chamber is accomplished through manipulation by the user. (6) The term ``semiautomatic handgun'' means any repeating handgun which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, which requires a pull of the trigger to fire each cartridge. (7) The term ``semiautomatic rifle'' has the meaning given the term in section 921(a)(28) of title 18, United States Code. (8) The term ``projectile'' means that part of ammunition that is, by means of an explosive, expelled through the barrel of a handgun or rifle.

Ballistic Imaging Evaluation and Study Act of 2001 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study the effectiveness of ballistic imaging technology. Prohibits a State from using Federal funds for ballistic imaging technology until the NRC report is transmitted to Congress. Authorizes the Secretary of the Treasury, at a State's request, to waive such prohibition upon a showing that the use would be in the national interest.

To conduct a study on the effectiveness of ballistic imaging technology and evaluate its effectiveness as a law enforcement tool.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States. (2) Currently more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines. (3) Pipelines are the most cost-effective, efficient, and safe transportation mode in use today to deliver large volumes of liquid fuels. (4) Renewable fuels are currently transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 may overwhelm the renewable fuels infrastructure, a problem that would be alleviated by the transportation of renewable fuels through pipelines. (5) The production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport such fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term shall include all ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel.''. (b) Terms and Conditions.-- (1) Specific appropriation or contribution.--Subsection (b) of section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (B) by striking ``(b) Specific Appropriation or Contribution.--No guarantee'' and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee''; and (C) by adding at the end the following: ``(2) Renewable fuel pipelines.--The Secretary may waive the application of paragraph (1) with respect to a guarantee for a project described in section 1703(f)(1).''. (2) Amount.--Subsection (c) of such section is amended-- (A) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (B) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)(1)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than one guarantee for such project, to the extent that the sum of all guarantees for such project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of such guarantees, as estimated any time after the original guarantee is issued.''. (c) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation under this section other than a limitation under this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project. ``(G) The ability of the entity carrying out the proposed project to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Eminent domain authority.--When any entity in the carrying out of a project described in paragraph (1) for which a guarantee is made under this title cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipeline or pipelines for the transportation of renewable fuel, and the necessary land or other property, in addition to right-of-way, for the location of pump stations, pressure apparatus, or other facilities or equipment necessary to the proper operation of such pipeline or pipelines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts, if such exercise is first determined by the Secretary to be necessary or desirable in the public interest. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in a similar action or proceeding in the courts of the State where the property is situated. The United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 in accordance with the amendments made by this Act or shall modify rules and regulations currently applicable to the guarantee program under such title in accordance with the amendments made by this Act. SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) In General.--The Secretary may provide grants for projects described in section 1703(f)(1) of the Energy Policy Act of 2005, as added by section 3(c) of this Act, to assist in carrying out permit acquisition, planning, and other preparatory activities for such projects in advance of participation in the guarantee program under title XVII of the Energy Policy Act of 2005. (b) No Impact on Eligibility for a Guarantee.--In determining whether to make a guarantee for a project under title XVII of the Energy Policy Act of 2005, the Secretary shall not take into consideration whether a grant was provided for such project under this section. (c) Impact on Guarantee Amount.--In the case of a project for which a grant is provided under this section and a loan guarantee is made under title XVII of the Energy Policy Act of 2005, the sum with respect to such project of grants provided under this section and amounts guaranteed under title XVII of the Energy Policy Act of 2005 may not exceed 90 percent of the project cost of such project as estimated at the time at which a guarantee is issued. (d) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Energy. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000, to remain available until expended.

Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest. Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost.

To amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes.

SECTION 1. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION. (a) Findings.--Congress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by Congress. (b) Purposes.--The purposes of this Act are as follows: -- (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and the land claims asserted therein. (c) Definitions.--For purposes of this Act, the following definitions apply: -- (1) Kansas lands.--The term ``Kansas Lands'' means all of the lands described and identified as ``Gifted Lands'' and ``Accreted Lands'' in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM. (3) secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Settlement lands.--The term ``Settlement Lands'' means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas and more particularly described in Quit Claim Deed filed for record as Parcel I.D. 944806, Book 3190 at Page 198 and Book 4408 at Page 789 in the Wyandotte County, Kansas, Register of Deeds Office. (5) Unified government.--The term ``Unified Government'' means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation.--The term ``Wyandotte Nation'' means the Wyandotte Nation, a federally-recognized Indian tribe. (d) Extinguishment of Land Claims.--Not later than 90 days after the date of the enactment of this section and as part of the settlement of the Lawsuit and the Wyandotte Nation's land claims asserted therein, the Secretary shall take and hold title to the Settlement Lands in trust for the benefit of the Wyandotte Nation pursuant to and within the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which the Wyandotte Nation has or could have asserted in the Lawsuit shall be extinguished upon-- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice of approval of tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)). (e) Shriner Property.--Congress confirms that the United States acquired title to the Shriner's Property in trust for the benefit of the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust status of the Shriner's Property, the Wyandotte Nation shall have no rights to conduct gaming on the Shriner's Property upon- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice approval of a tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).

Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas. Extinguishes any and all claims which the Wyandotte Nation has or could have asserted in the lawsuit upon specified conditions being met.Denies the Wyandotte Nation gaming rights on the Shriner's Property, a property already held in trust for it by the United States, upon specified conditions being met.

To provide for and approve settlement of certain land claims of the Wyandotte Nation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Protection Act''. SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT. (a) Amendment.--At the end of part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) add the following new section: ``SEC. 1459. CYANOTOXIN RISK ASSESSMENT AND MANAGEMENT. ``(a) Strategic Plan.-- ``(1) Development.--Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to-- ``(A) evaluate the risk to human health from drinking water provided by public water systems contaminated with cyanotoxins; ``(B) establish, publish, and update a comprehensive list of cyanotoxins determined by the Administrator to be harmful to human health when present in drinking water provided by public water systems; ``(C) summarize-- ``(i) the known adverse human health effects of cyanotoxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and ``(ii) factors that cause cyanobacteria to proliferate and express toxins; ``(D) with respect to cyanotoxins included on the list published under subparagraph (B), determine whether to-- ``(i) publish health advisories pursuant to section 1412(b)(1)(F) for such cyanotoxins in drinking water provided by public water systems; ``(ii) establish guidance regarding feasible analytical methods to quantify the presence of cyanotoxins; and ``(iii) establish guidance regarding the frequency of monitoring necessary to determine if such cyanotoxins are present in drinking water provided by public water systems; ``(E) recommend feasible treatment options, including procedures and equipment, to mitigate any adverse public health effects of cyanotoxins included on the list published under subparagraph (B); and ``(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with cyanotoxins included on the list published under subparagraph (B). ``(2) Updates.--The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). ``(b) Information Coordination.--In carrying out this section the Administrator shall-- ``(1) identify gaps in the Agency's understanding of cyanobacteria, including-- ``(A) the human health effects of cyanotoxins included on the list published under subsection (a)(1)(B); and ``(B) methods and means of testing and monitoring for the presence of harmful cyanotoxins in source water of, or drinking water provided by, public water systems; ``(2) as appropriate, consult with-- ``(A) other Federal agencies that-- ``(i) examine or analyze cyanobacteria; or ``(ii) address public health concerns related to harmful algal blooms; ``(B) States; ``(C) operators of public water systems; ``(D) multinational agencies; ``(E) foreign governments; and ``(F) research and academic institutions; and ``(3) assemble and publish information from each Federal agency that has-- ``(A) examined or analyzed cyanobacteria; or ``(B) addressed public health concerns related to harmful algal blooms. ``(c) Use of Science.--The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. ``(d) Feasible.--For purposes of this section, the term `feasible' has the meaning given such term in section 1412(b)(4)(D).''. (b) Report to Congress.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes-- (1) an inventory of funds-- (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze cyanobacteria or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.

Drinking Water Protection Act - Amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. (Cyanotoxins are naturally occurring toxins produced by cyanobacteria, also known as blue-green algae.) Requires the plan to include steps and time lines to: evaluate the risk to human health from drinking water contaminated with cyanotoxins; establish, publish, and update a comprehensive list of cyanotoxins that are harmful to human health; summarize the known adverse human health effects of cyanotoxins and the factors that cause cyanobacteria to grow rapidly and make toxins; determine whether to publish health advisories for harmful cyanotoxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with cyanotoxins.

Drinking Water Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Laboratory Personnel Shortage Act of 2005''. SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Scholarship and Loan Repayment Programs.--Section 737 of the Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the end the following subsection: ``(e) Scholarship and Loan Repayment Program for Medical Technologists, Medical Laboratory Technicians, and Other Medical Laboratory Personnel.-- ``(1) In general.--The Secretary shall establish a program of scholarships and loan repayment for the purpose of alleviating the shortage of medical laboratory personnel. The scholarship and loan repayment program shall include a period of obligated service for recipients in a designated health professional shortage area, or other area where there is a shortage of medical laboratory personnel. The Secretary may model the program after the scholarship and loan repayment programs under sections 338A and 338B. ``(2) Eligible entities.--Schools of allied health, and health care institution-based programs training medical laboratory personnel, are eligible to receive awards under paragraph (1). ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $11,193,000 in fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to other authorizations of appropriations that are available for such purpose.''. (b) Other Programs Under Title VII.-- (1) Allied health and other disciplines.-- (A) Preference in making awards; public service announcements.--Section 755 of the Public Health Service Act (42 U.S.C. 294e)) is amended by adding at the end the following subsections: ``(c) Preference in Making Awards.--In making awards of grants and contracts under subsection (a), the Secretary shall give preference to making awards to assist entities in meeting the costs associated with expanding or establishing programs that will increase the number of individuals trained as medical laboratory personnel. ``(d) Public Service Announcements.--The Secretary shall develop and issue public service announcements that advertise and promote medical laboratory personnel careers, highlight the advantages and rewards of medical laboratory personnel careers, and encourage individuals to enter medical laboratory personnel careers.''. (B) Authorization of appropriations.--Section 757 of the Public Health Service Act (42 U.S.C. 294g(a)) is amended by adding at the end the following subsection: ``(d) Allied Health and Other Disciplines.--For the purpose of carrying out section 755, there are authorized to be appropriated $100,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to the authorizations of appropriations under subsection (a) that are available for such purpose.''. (2) Other title vii programs.--Section 740 of the Public Health Service Act (42 U.S.C. 293d) is amended-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following subsection: ``(d) Medical Laboratory Personnel.--For the purpose of increasing the number of individuals trained as medical laboratory personnel through making awards of grants or contracts under sections 737 through 739 for appropriate schools of allied health, there are authorized to be appropriated, in addition to authorizations of appropriations under subsections (a) through (c) that are available for such purpose, the following: ``(1) For awards under section 738 to serve as members of the faculty of such schools, $332,500 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. ``(2) For awards under section 739 to such schools, $8,200,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010.''. (3) Definition of medical laboratory personnel.--Section 799B of the Public Health Service Act (42 U.S.C. 295p) is amended by adding at the end the following: ``(12) The term `medical laboratory personnel' means allied health professionals (as defined in paragraph (5)) who are medical technologists, cytotechnologists, histotechnologists, phlebotomists, or medical laboratory technicians, or who are in other fields that, within the meaning of section 353(a) (relating to the certification of clinical laboratories), examine materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.''. SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by inserting after section 1509 the following section: ``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS REGARDING SCREENING FOR CERVICAL CANCER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Director of the Centers for Disease Control and Prevention, shall make grants to appropriate public and nonprofit private entities to provide training to increase the number of cytotechnologists who are available with respect to screening women for cervical cancer. ``(b) Funding.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. ``(2) Limitation.--The authorization of appropriations established in paragraph (1) is not effective for a fiscal year unless the amount appropriated under section 1510(a) for the fiscal year is equal to or greater than $173,928,000.''. SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C. 285b-4(c)(3)(C)) is amended by inserting after ``allied health professionals'' the following: ``, with emphasis given in the training of such professionals to the training of medical laboratory personnel (as defined in section 799B) in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel''.

Medical Laboratory Personnel Shortage Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a scholarship and loan repayment program to alleviate the shortage of medical laboratory personnel. Requires the Secretary: (1) when awarding grants and contracts under programs designed to increase the number of allied health professionals, to give preference to assisting entities in expanding or establishing programs to increase the number of individuals trained as medical laboratory personne; and (2) to issue public service announcements that promote medical laboratory personnel careers. Directs the Secretary, acting through the Administrator of the Health Resources and Service Administration (HRSA) and in collaboration with the Director of the Centers for Disease Control and Prevention (CDC), to make grants for training to increase the number of cytotechnologists available for cervical cancer screening. Provides for giving emphasis in the training of allied heath professionals, for which Federal payments may be provided under a cooperative agreement or grant from the Director of the National Heart, Lung, and Blood Institute, to the training of medical laboratory personnel in disciplines in which more personnel are needed.

To amend the Public Health Service Act with respect to the shortage of medical laboratory personnel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1997''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL. ``(a) In General.--Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting the control and abatement of water pollution and management in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements, administrative authority, and process and sanctions referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local water pollution regulatory program. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local water pollution law with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State water pollution law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. ``(b) Administrative Enforcement Actions.-- ``(1) In general.--The Administrator, the Secretary of the Army, and the Secretary of the Department in which the Coast Guard is operating may commence an administrative enforcement action against any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government pursuant to the enforcement authorities contained in this Act. The Administrator or Secretary, as applicable, shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as an action would be initiated against another person. Any voluntary resolution or settlement of such an action shall be set forth in a consent order. ``(2) Opportunity to confer.--No administrative order issued to such a department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator or Secretary, as applicable. ``(c) Limitation on State Use of Funds Collected From Federal Government.--Unless a State law in effect on the date of the enactment of this subsection or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.''. SEC. 3. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting before the period at the end the following: ``and includes any department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting before the semicolon at the end the following: ``and any department, agency, or instrumentality of the United States''.

Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act to require each Federal department, agency, and instrumentality to be subject to and comply with all Federal, State, and local requirements with respect to the control and abatement of water pollution and management in the same manner and extent as any person is subject to such requirements, including the payment of reasonable service charges. Waives immunity of the United States with respect to any such requirements. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions under this Act. Allows States to use funds collected from the Federal Government under this Act only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of "person" for purposes of such Act.

Federal Facilities Clean Water Compliance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assisting Family Farmers through Insurance Reform Measures Act'' or the ``AFFIRM Act''. SEC. 2. ADJUSTED GROSS INCOME AND PER PERSON LIMITATIONS ON SHARE OF INSURANCE PREMIUMS PAID BY CORPORATION. Section 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(1)) is amended-- (1) by striking ``For the purpose'' and inserting the following: ``(A) Payment authority.--For the purpose''; and (2) by adding at the end the following new subparagraphs: ``(B) Adjusted gross income limitation.--The Corporation shall not pay a part of the premium for additional coverage for any person or legal entity that has an average adjusted gross income (as defined in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a)) in excess of $250,000. ``(C) Per person limitation.--The Corporation shall not pay more than $40,000 to any person or legal entity for premiums under this section.''. SEC. 3. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS. Section 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(3)) is amended-- (1) by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right); (2) by inserting before subparagraph (A) (as so designated) the following: ``(3) Risk.--''; and (3) by adding at the end the following new subparagraph: ``(B) Cap on overall rate of return.--The target rate of return for all the companies combined for the 2013 and subsequent reinsurance years shall be 12 percent of retained premium.''. SEC. 4. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES OF CROP INSURANCE PROVIDERS. Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following new subparagraph: ``(G) Additional cap on reimbursements.-- Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance shall not exceed $900,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement.''. SEC. 5. BUDGET LIMITATIONS ON RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT. Section 508(k)(8) of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1508(k)(8)) is amended by adding at the end the following new subparagraph: ``(F) Reduction in corporation obligations.--The Board shall ensure that any Standard Reinsurance Agreement negotiated under subparagraph (A)(ii), when compared to the immediately preceding Standard Reinsurance Agreement, shall reduce, to the maximum extent practicable, the obligations of the Corporation under subsections (e)(2) or (k)(4) or section 523.''. SEC. 6. CROP INSURANCE PREMIUM SUBSIDIES DISCLOSURE IN THE PUBLIC INTEREST. Section 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C. 1502(c)(2)) is amended-- (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D) respectively; and (2) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) Disclosure in the public interest.-- Notwithstanding paragraph (1) or any other provision of law, except as provided in subparagraph (B), the Secretary shall on an annual basis make available to the public-- ``(i)(I) the name of each individual or entity who obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous fiscal year; ``(II) the amount of premium subsidy received by the individual or entity from the Corporation; and ``(III) the amount of any Federal portion of indemnities paid in the event of a loss during that fiscal year for each policy associated with that individual or entity; and ``(ii) for each private insurance provider, by name-- ``(I) the underwriting gains earned through participation in the federally subsidized crop insurance program; and ``(II) the amount paid under this subtitle for-- ``(aa) administrative and operating expenses; ``(bb) any Federal portion of indemnities and reinsurance; and ``(cc) any other purpose. ``(B) Limitation.--The Secretary shall not disclose information pertaining to individuals and entities covered by a catastrophic risk protection plan offered under section 508(b).''.

Assisting Family Farmers through Insurance Reform Measures Act or AFFIRM Act - Amends the Federal Crop Insurance Act to prohibit the Federal Crop Insurance Corporation (FCIC) from paying a part of the crop insurance premium for additional coverage for any person or legal entity that has an average adjusted gross income in excess of $250,000. Caps: (1) the rate of return for all crop insurance providers combined for the 2013 and subsequent reinsurance years at 12% of retained premium, and (2) total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance at $900 million. Requires that any renegotiated Standard Reinsurance Agreement, when compared to the immediately preceding Agreement, shall reduce FCIC obligations. Requires annual disclosure to the public of specified crop insurance premium subsidy information.

AFFIRM Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Amendments Act of 1999''. SEC. 2. DILUTION AS A GROUNDS FOR OPPOSITION AND CANCELLATION. (a) Registrable Marks.--Section 2 of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'' (in this Act referred to as the ``Trademark Act of 1946'') (15 U.S.C. 1052) is amended by adding at the end the following flush sentences: ``A mark which when used would cause dilution under section 43(c) may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which when used would cause dilution under section 43(c) may be canceled pursuant to a proceeding brought under either section 14 or section 24.''. (b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by inserting ``, including as a result of dilution under section 43(c),'' after ``principal register''. (c) Petitions To Cancel Registrations.--Section 14 of the Trademark Act of 1946 (15 U.S.C. 1064) is amended in the matter preceding paragraph (1) by inserting ``, including as a result of dilution under section 43(c),'' after ``damaged''. (d) Cancellation.--Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended in the second sentence by inserting ``, including as a result of dilution under section 43(c),'' after ``register''. (e) Effective Date and Application.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply only to any application for registration filed on or after January 16, 1996. SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS MARKS. (a) Injunctions.--(1) Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``section 43(a)'' and inserting ``subsection (a) or (c) of section 43''. (2) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C. 1125(c)(2)) is amended in the first sentence by inserting ``as set forth in section 34'' after ``relief''. (b) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''. (c) Destruction of Articles.--Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence-- (1) by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''; and (2) by inserting after ``in the case of a violation of section 43(a)'' the following: ``or a willful violation under section 43(c)''. SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK INFRINGEMENT AND DILUTION. (a) Civil Actions.--Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended in the last undesignated paragraph in paragraph (1)-- (1) in the first sentence by inserting after ``includes'' the following: ``the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and''; and (2) in the second sentence by striking ``Any'' and inserting ``The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, and any''. (b) Waiver of Sovereign Immunity.--Section 40 of the Trademark Act of 1946 (15 U.S.C. 1122) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by striking ``Sec. 40. (a) Any State'' and inserting the following: ``Sec. 40. (a) Waiver of Sovereign Immunity by the United States.-- The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this Act. ``(b) Waiver of Sovereign Immunity by States.--Any State''; and (3) in the first sentence of subsection (c), as so redesignated-- (A) by striking ``subsection (a) for a violation described in that subsection'' and inserting ``subsection (a) or (b) for a violation described therein''; and (B) by inserting after ``other than'' the following: ``the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or''. (c) Definition.--Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting between the 2 paragraphs relating to the definition of ``person'' the following: ``The term `person' also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.''. SEC. 5. CIVIL ACTIONS FOR TRADE DRESS INFRINGEMENT. Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at the end the following: ``(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.''. SEC. 6. TECHNICAL AMENDMENTS. (a) Assignment of Marks.--Section 10 of the Trademark Act of 1946 (15 U.S.C. 1060) is amended-- (1) by striking ``subsequent purchase'' in the second to last sentence and inserting ``assignment''; (2) in the first sentence by striking ``mark,'' and inserting ``mark.''; and (3) in the third sentence by striking the second period at the end. (b) Additional Clerical Amendments.--The text and title of the Trademark Act of 1946 are amended by striking ``trade-marks'' each place it appears and inserting ``trademarks''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes a court to grant injunctive relief for violations of this Act, as well as damages for willful violations, and an order for delivery and destruction of any articles of the defendant which constitute a willful violation. Waives sovereign immunity for the Federal Government to grant private citizens and corporate entities the right to bring an action for trademark infringement against the United States, its agencies, and any entities or persons acting for the United States. Declares that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional (that is, not commonly used by similar businesses, and thus eligible for protection).

Trademark Amendments Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jacob Wetterling Crimes Against Children Registration Act''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) In General.-- (1) State guidelines.--The Attorney General shall establish guidelines for State programs requiring any person who is convicted of a criminal offense against a victim who is a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, being placed on parole, or being placed on supervised release. (2) Definition.--For purposes of this subsection, the term ``criminal offense against a victim who is a minor'' includes-- (A) kidnapping of a minor, except by a noncustodial parent; (B) false imprisonment of a minor, except by a noncustodial parent; (C) criminal sexual conduct toward a minor; (D) solicitation of minors to engage in sexual conduct; (E) use of minors in a sexual performance; or (F) solicitation of minors to practice prostitution. (b) Registration Requirement Upon Release, Parole, or Supervised Release.--An approved State registration program established by this section shall contain the following requirements: (1) Notification.--If a person who is required to register under this section is released from prison, paroled, or placed on supervised release, a State prison officer shall-- (A) inform the person of the duty to register; (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing within ten days; (C) obtain a fingerprint card and photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained. (2) Transfer of information to state and the ncic.--The officer shall, within three days after receipt of information under paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the State law enforcement system and National Crime Information Center computer networks and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. (3) Annual verification.--On each anniversary of a person's initial registration date during the period in which the person is required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. The person shall mail the verification form to the officer within ten days after receipt of the form. The verification form shall be signed by the person, and state that the person still resides at the address last reported to the designated State law enforcement agency. If the person fails to mail the verification form to the designated State law enforcement agency within ten days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed his or her residence address. (4) Notification of local law enforcement agencies of changes in address.--Any change of address by a person required to register under this section reported to the designated State law enforcement agency shall immediately be reported to the appropriate law enforcement agency having jurisdiction where the person is residing. (c) Registration for Ten Years.--A person required to register under this section shall continue to comply with this section until ten years have elapsed since the person was released from imprisonment, parole, or supervised release. (d) Penalty.--A person required to register under this section who violates any requirement of a State program established by this section shall be subject to criminal penalties in such State. It is the sense of Congress that such penalties should include at least six months imprisonment. (e) Private Data.--The information provided under this section is private data on individuals and may be used for law enforcement purposes, including confidential background checks by child care services providers. SEC. 3. STATE COMPLIANCE. (a) Compliance Date.--Each State shall have three years from the date of the enactment of this Act in which to implement the provisions of this Act. (b) Ineligibility for Funds.--The allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with the provisions of this section three years after the date of enactment of this Act shall be reduced by 25 percent and the unallocated funds shall be reallocated to the States in compliance with this section.

Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, parole, or being placed on supervised release. Sets forth requirements for an approved State registration program, including fingerprint cards and entry of information into the State law enforcement system and National Crime Information Center computer networks. Provides that the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care service providers. Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.

Jacob Wetterling Crimes Against Children Registration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leave No Securities Behind Act''. SEC. 2. REGISTRATION OF SECURITIES. (a) Fannie Mae.-- (1) Mortgage-backed securities.--Section 304(d) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(d)) is amended by striking the fourth sentence and inserting the following new sentence: ``Securities issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (2) Subordinate obligations.--Section 304(e) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(e)) is amended by striking the fourth sentence and inserting the following new sentence: ``Obligations issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (3) Securities.--Section 311 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723c) is amended-- (A) in the section header, by striking ``association''; (B) by inserting ``(a) In General.--'' after ``Sec. 311.''; (C) in the second sentence, by inserting ``by the Association'' after ``issued''; and (D) by adding at the end the following new subsection: ``(b) Treatment of Corporation Securities.-- ``(1) In general.--Any stock, obligations, securities, participations, or other instruments issued or guaranteed by the corporation pursuant to this title shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the corporation to sell mortgage loans to the corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the corporation that have been issued by the corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. ``(4) Mortgage related securities.--A single class mortgage-backed security guaranteed by the corporation that has been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage- backed securities or directly by the corporation for cash shall be deemed to be a mortgage related security as defined in section 3(a) of the Securities Exchange Act of 1934.''. (b) Freddie Mac.--Subsection (g) of section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(g)) is amended to read as follows: ``(g) Treatment of Securities.-- ``(1) In general.--Any securities issued or guaranteed by the Corporation shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.''. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the Corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the Corporation to sell mortgage loans to the Corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the Corporation that have been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities.''. (c) Regulations.--The Securities and Exchange Commission may issue any regulations as may be necessary or appropriate to carry out the purposes of this section and the amendments made by this section. (d) Effective Date.--The amendments under this section shall be made upon the expiration of the 180-day period beginning on the date of the enactment of this Act, but shall apply only with respect to fiscal years of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation that begin after the expiration of such 180- day period. SEC. 3. LIMITATION ON REGISTRATION FEES. (a) In General.--Section 6(b)(2) of the Securities Act of 1933 (15 U.S.C. 77f(b)(2)) is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of this title, no applicant, or group of affiliated applicants that do not include any investment company registered under the Investment Company Act of 1940, filing a registration statement subject to a fee shall be required in any fiscal year with respect to all registration statements filed by such applicant in such fiscal year to pay an aggregate amount in fees to the Commission pursuant to subsection (b) in excess of five percent of the target offsetting collection amount for such fiscal year. Fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.''. (b) Effective Date.--The amendment under subsection (a) shall be made and shall apply upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

Leave No Securities Behind Act - Amends the Federal National Mortgage Association Charter Act to extend Securities and Exchange Commission (SEC) authority to mortgage-backed and subordinate obligations, and corporate securities (with an exemption for approved sellers) of the Federal National Mortgage Association (Fannie Mae).Amends the Federal Home Loan Mortgage Corporation Act to extend SEC authority to corporate securities (with an exception for approved sellers) of the Federal Home Loan Mortgage Corporation (Freddie Mac).Amends the Securities Act of 1933 to limit specified SEC registration fees.

To extend the registration and reporting requirements of the Federal securities laws to certain housing-related Government-sponsored enterprises, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Stock Ownership Plan Promotion and Improvement Act of 2007''. SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK OWNERSHIP PLAN. (a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal Revenue Code of 1986 (relating to general rule that subsection not to apply to certain distributions) is amended by inserting before the comma at the end the following: ``or any distribution (as described in section 1368(a)) with respect to S corporation stock that constitutes qualifying employer securities (as defined by section 409(l)) to the extent that such distributions are paid to a participant in the manner described in clause (i) or (ii) of section 404(k)(2)(A)''. (b) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS. (a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(vii) Treatment of esop dividends.-- Clause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1989. (c) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 4. AMENDMENTS RELATED TO SECTION 1042. (a) Deferral of Tax for Certain Sales to Employee Stock Ownership Plan Sponsored by S Corporation.-- (1) In general.--Section 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``C''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. (b) Reinvestment in Certain Mutual Funds Permitted.-- (1) In general.--Clause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows: ``(ii) Financial institutions, insurance companies, and mutual funds.--The term `operating corporation' shall include-- ``(I) any financial institution described in section 581, ``(II) any insurance company subject to tax under subchapter L, and ``(III) any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act. (c) Modification to 25-Percent Shareholder Rule.-- (1) In general.--Subparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 5. DE MINIMIS EXCEPTION TO DIVERSIFICATION OF INVESTMENT REQUIREMENT. (a) In General.--Paragraph (28) of section 401(a) of the Internal Revenue Code of 1986 (relating to additional requirements relating to employee stock ownership plans) is amended by adding at the end the following new subparagraph: ``(D) Exception for de minimis account balance.--A plan shall not fail to meet the requirements of this subparagraph for a plan year solely because the plan provides that clause (i) does not apply to any participant's account in the plan which, as of the close of the preceding plan year, has an account balance which does not exceed $2,500.''. (b) Effective Date.--The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.

Employee Stock Ownership Plan Promotion and Improvement Act of 2007 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; and (6) allow a de minimis exception from pension plan investment diversification requirements for ESOP accounts with balances of $2,500 or less.

A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports an individual who has not attained the age of 18 years across a State line, with the intent that such individual obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the individual resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed on the individual, in a State other than the State where the individual resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the individual resides. ``(b) Exceptions.--(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) An individual transported in violation of this section, and any parent of that individual, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the individual or other compelling facts, that before the individual obtained the abortion, the parental consent or notification, or judicial authorization took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the individual resides. ``(d) Civil Action.--Any parent who suffers legal harm from a violation of subsection (a) may obtain appropriate relief in a civil action. ``(e) Definitions.--For the purposes of this section-- ``(1) a law requiring parental involvement in a minor's abortion decision is a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new item: ``117A. Transportation of minors in circumvention of 2431''. certain laws relating to abortion. Passed the House of Representatives April 17, 2002. Attest: JEFF TRANDAHL, Clerk.

Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the individual resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the individual obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place.Authorizes any parent who suffers legal harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.

To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.