Abhinay123/billsum-summarization-filtered2

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Travel and Counterterrorism Partnership Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States should expand the visa waiver program to extend visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism as that expansion will-- (1) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives; (2) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and (3) strengthen bilateral relationships. SEC. 3. VISA WAIVER PROGRAM EXPANSION. Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following: ``(8) Probationary participation of program countries.-- ``(A) Requirement to establish.--Notwithstanding any other provision of this section and not later than 1 year after the date of the enactment of the Secure Travel and Counterterrorism Partnership Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish a pilot program to permit not more than 5 foreign countries that are not designated as program countries under paragraph (1) to participate in the program. ``(B) Designation as a probationary program country.--A foreign country is eligible to participate in the program under this paragraph if-- ``(i) the Secretary of Homeland Security determines that such participation will not compromise the security or law enforcement interests of the United States; ``(ii) that country is close to meeting all the requirements of paragraph (2) and other requirements for designation as a program country under this section and has developed a feasible strategic plan to meet all such requirements not later than 3 years after the date the country begins participation in the program under this paragraph; ``(iii) that country meets all the requirements that the Secretary determines are appropriate to ensure the security and integrity of travel documents, including requirements to issue electronic passports that include biometric information and to promptly report lost, stolen, or fraudulent passports to the Government of the United States; ``(iv) that country cooperated with the Government of the United States on counterterrorism initiatives and information sharing before the date of the enactment of this paragraph; and ``(v) that country has entered into an agreement with the Government of the United States by which that country agrees to further advance United States security interests by implementing such additional counterterrorism cooperation and information sharing measures as may be requested by the Secretary of Homeland Security, in consultation with the Secretary of State. ``(C) Considerations for country selection.-- ``(i) Visa refusal rates.--The Secretary of Homeland Security may consider the rate of refusals of nonimmigrant visitor visas for nationals of a foreign country in determining whether to permit that country to participate in the program under this paragraph but may not refuse to permit that country to participate in the program under this paragraph solely on the basis of such rate unless the Secretary determines that such rate is a security concern to the United States. ``(ii) Overstay rates.--The Secretary of Homeland Security may consider the rate at which nationals of a foreign country violate the terms of their visas by remaining in the United States after the expiration of such a visa in determining whether to permit that country to participate in the program under this paragraph. ``(D) Term of participation.-- ``(i) Initial probationary term.--A foreign country may participate in the program under this paragraph for an initial term of 3 years. ``(ii) Extension of participation.--The Secretary of Homeland Security, in consultation with the Secretary of State, may permit a country to participate in the program under this paragraph after the expiration of the initial term described in clause (i) for 1 additional period of not more than 2 years if that country-- ``(I) has demonstrated significant progress toward meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section; ``(II) has submitted a plan for meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section; and ``(III) continues to be determined not to compromise the security or law enforcement interests of the United States. ``(iii) Termination of participation.--The Secretary of Homeland Security may terminate the participation of a country in the program under this paragraph at any time if the Secretary, in consultation with the Secretary of State, determines that the country-- ``(I) is not in compliance with the requirements of this paragraph; or ``(II) is not able to demonstrate significant and quantifiable progress, on an annual basis, toward meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section. ``(E) Technical assistance.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical guidance to a country that participates in the program under this paragraph to assist that country in meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section. ``(F) Reporting requirements.-- ``(i) Annual report.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to Congress an annual report on the implementation of this paragraph. ``(ii) Final assessment.--Not later than 30 days after the date that the foreign country's participation in the program under this paragraph terminates, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a final assessment to Congress regarding the implementation of this paragraph. Such final assessment shall contain the recommendations of the Secretary of Homeland Security and the Secretary of State regarding permitting additional foreign countries to participate in the program under this paragraph.''. SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS. Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and implement procedures to improve the manner in which the rates of nonimmigrants who violate the terms of their visas by remaining in the United States after the expiration of such a visa are calculated. SEC. 5. REPORTS. (a) Visa Fees.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall review the fee structure for visas issued by the United States and submit to Congress a report on that structure, including any recommendations of the Comptroller General for improvements to that structure. (b) Secure Travel Standards.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in conjunction with the Secretary of State, shall submit a report to Congress that describes plans for enhancing secure travel standards for existing visa waiver program countries, including the feasibility of instituting an electronic authorization travel system, additional passenger information exchanges, and enhanced airport security standards. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2013 to carry out this Act and the amendment made by this Act.

Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that the United States should expand the visa waiver program to nationals of foreign countries that are allies in the war on terrorism. Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that are are cooperating with the United States on security and counterterrorism matters. Requires a country, prior to participation, to conclude a counterterrorism and security information sharing agreement with the United States. Authorizes: (1) a country to participate for an initial three-year period, with an additional two-year extension; and (2) the Secretary to terminate a country's participation for program noncompliance. Directs the Secretary to develop and implement procedures to improve the manner of calculating visa overstay rates.

A bill to expand visa waiver program to countries on a probationary basis and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International and Parental Child Abduction Remedies Assistance Act''. SEC. 2. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE ALIEN CHILDREN MISSING IN THE UNITED STATES. The Attorney General shall make available to State and local law enforcement agencies, information describing the methods and procedures available to them to institute or assist an investigative search for an alien child who is believed to be in the United States and who is the subject of-- (1) an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction, or (2) an Interpol yellow notice. SEC. 3. STATE REQUIREMENTS. Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) in paragraph (2) by striking ``and'' at the end, and (2) in paragraph (3)-- (A) in subparagraph (B) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by inserting after subparagraph (C) the following: ``(D) a statement specifying whether the child is believed to have been taken outside of the United States;''. SEC. 4. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT. (a) Legal Assistance, Technical Assistance, and Training.--Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following new subsections: ``(g) Legal Assistance for Victims of Parental Kidnapping Grants.-- ``(1) Funding to legal services providers.--The United States Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. ``(2) Training and technical assistance.--The United States Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1). ``(h) Technical Assistance.--The United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The United States Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. ``(i) Training.--The United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.''. (b) Legal Services Corporation.--The Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention-- (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Court Costs.--Section 8(b) of the International Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows: ``(b) Costs Incurred in Civil Actions.-- ``(1) Payment of court costs by central authority.--The Central Authority shall establish a program under which it provides, directly to the court or to petitioners and respondents, the funds necessary to pay the court costs of petitioners and respondents in actions brought under section 4, including court fees and the cost of translation services, expert witness testimony, and transcription services. ``(2) Costs of legal counsel and travel.-- Petitioners may be required to bear the costs of legal counsel or advisors and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ``(3) Payments from other sources.--Subject to paragraph (4), legal fees incurred in connection with an action brought under section 4 shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs. ``(4) Costs borne by petitioner.--Any court ordering the return of a child pursuant to an action brought under section 4 shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner (other than court costs for which the Central Authority pays under paragraph (1)), including legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.''. (d) Federal Judicial Center.--Section 620 of title 28, United States Code, is amended by adding at the end the following: ``(c) Continuing Education and Training Programs.--The Center shall include in its continuing education and training programs under subsection (b)(3), including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act of 1993, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection.''. SEC. 5. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF PARENTAL KIDNAPPING. In addition to funds otherwise authorized to be appropriated for the activities described in this section, there are authorized to be appropriated to the Child Exploitation and Obscenity Section of the Department of Justice for each of the fiscal years 2009 through 2012 such sums as may be necessary for the investigation and prosecution of violations of section 1204 of title 18, United States Code. SEC. 6. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF ABDUCTED CHILDREN. (a) Program Authorized.--The Director of the Office of Victims of Crime of the Department of Justice shall, subject to the availability of appropriations, establish a Victim Travel in International Reunification Cases program to award grants to the National Center for Missing & Exploited Children to reimburse parents, guardians, law enforcement, and other individuals, as appropriate, for travel costs related to the safe return of children from the United States who have been abducted and taken to foreign countries. (b) Use of Grant Funds.--Travel costs under subsection (a) that are reimbursed using funds under this section may include airfare and daily subsistence costs, including lodging, meals, and ground transportation. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 2009 through 2012.

International and Parental Child Abduction Remedies Assistance Act - Directs the Attorney General to provide state and local law enforcement agencies information on instituting or assisting investigative searches for alien children believed to be in the United States who are the subject of an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction (Convention) or an Interpol yellow notice. Amends the Crime Control Act of 1990 to require missing child reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States. Amends the International Child Abduction Remedies Act to: (1) provide funding, technical assistance, and training to legal providers to assist victims of parental kidnappings; and (2) allow payment of costs incurred in civil actions to return abducted children. Authorizes the Legal Services Corporation to use its funding to represent aliens in child abduction proceedings brought in the United States under the Convention. Amends the federal judicial code to require the Federal Judicial Center to provide training programs for newly appointed judges on laws pertaining to parental kidnapping. Authorizes additional funding for the investigation and prosecution of international parental kidnapping crimes. Directs the Director of the Department of Justice Office of Victims of Crime to award grants to reimburse parents, guardians, law enforcement, and other appropriate individuals for travel costs related to the safe return of U.S. children who have been abducted and taken to foreign countries.

To implement certain measures to increase the effectiveness of international child abduction remedies, and for other purposes.

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 Native American 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 4-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 Native American Indian students is no longer equitably shared among the States and colleges because the mandate does not distinguish between such students who are residents of the State or who are residents 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 HIGHER EDUCATION MANDATE. (a) In General.--Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319 the following: ``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE. ``(a) Amount of Payment.--For fiscal year 2018 and each succeeding fiscal year through fiscal year 2022, the Secretary may pay to any eligible college an amount that equals the charges for tuition waived by the college (as described in subsection (e)(1)) for the academic year ending before the beginning of such fiscal year for Native American Indian students who were enrolled in the college for such academic year and who were not residents of the State in which the college is located during such academic year. ``(b) Treatment of Payment.--Any amounts received by an eligible college under subsection (a) shall be treated as a reimbursement from the State in which the college is located, which is provided in fulfillment of any Federal mandate upon the State to waive charges for tuition for Native American Indian students. ``(c) Rule of Construction.--Nothing in this section shall be construed to relieve any State from any mandate the State may have under Federal law to reimburse an eligible college for an academic year-- ``(1) with respect to Native American 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 waived by the college for such students that exceeds the amount received by the college under subsection (a) for such academic year; and ``(2) with respect to Native American 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 waived by the college for such students for such academic year. ``(d) Applicability.-- ``(1) In general.--The provisions of any other section of this part or part G shall not apply with respect to funds paid under this section. ``(2) No effect on eligibility.--Funds received by a Native American-serving, nontribal institution under this section shall not be taken into account for purposes of section 319(d)(3)(A). ``(e) Definitions.--In this section: ``(1) Eligible college.--The term `eligible college' means any 4-year Native American-serving, nontribal institution that waives the charges for tuition as mandated by Federal statute, with the support of the State in which the institution is located, for Native American Indian students in fulfillment of a condition under which the institution or State received its original grant of land and facilities from the United States. ``(2) Native american indian students.--The term `Native American Indian students' includes reference to the term `Indian pupils' as that term has been utilized in Federal statutes imposing a mandate upon any eligible college or State to waive charges for tuition for 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) Native american-serving, nontribal institution.--The term `Native American-serving, nontribal institution' has the meaning given the term in section 319(b). ``(f) Supplement, Not Supplant.--Funds under this section shall be used to supplement, not supplant, any Federal or non-Federal funds that would otherwise be used for Indian education programs.''. (b) Authorization.--Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended-- (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: ``(F) There are authorized to be appropriated to carry out section 319A, $17,400,000 for each of fiscal years 2018 through 2022.''.

Native American Indian Education Act This bill amends the Higher Education Act of 1965 to allow the Department of Education, for FY2018-FY2022, to pay Native American-serving, nontribal institutions of higher education the tuition of their out-of-state Native American students. This applies only to schools that are required to provide a tuition-free education, with the support of their state, to Native American students as a condition under which the college or state received its original grant of land and facilities from the federal government. Payments are treated as reimbursements to institutions from their states.

Native American Indian Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Improvement Act of 2007''. SEC. 2. REQUIREMENTS FOR WAIVERS. (a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(a) In General.--Notwithstanding''; and (2) by adding at the end the following: ``(b) Special Rules.--The following rules shall apply in carrying out the provisions of subsection (a): ``(1) Public interest waiver.--A determination that it is not in the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). ``(2) Domestic bidder.--A Federal agency entering into a contract shall give preference to a company submitting an offer on the contract that manufactures in the United States the article, material, or supply for which the offer is solicited, if-- ``(A) that company's offer is substantially the same as an offer made by a company that does not manufacture the article, material, or supply in the United States; or ``(B) that company is the only company that manufactures in the United States the article, material, or supply for which the offer is solicited. ``(3) Use outside the united states.-- ``(A) In general.--Subsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. ``(B) Cost analysis.--In any case in which the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). ``(4) Domestic availability.--The head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has conducted a study and, on the basis of such study, determined that-- ``(A) domestic production cannot be initiated to meet the procurement needs; and ``(B) a comparable article, material, or supply is not available from a company in the United States. ``(c) Reports.-- ``(1) In general.--Not later than 180 days after the end of each of fiscal years 2007 through 2011, the head of each Federal agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the amount of the acquisitions made by the agency in that fiscal year of articles, materials, or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States. ``(2) Contents of report.--The report required by paragraph (1) shall separately include, for the fiscal year covered by such report-- ``(A) the dollar value of any articles, materials, or supplies that were manufactured outside the United States; ``(B) an itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act, and a citation to the treaty, international agreement, or other law under which each waiver was granted; ``(C) if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside the United States, the specific exception under this section that was used to purchase such articles, materials, or supplies; and ``(D) a summary of-- ``(i) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and ``(ii) the total procurement funds expended on articles, materials, and supplies manufactured outside the United States. ``(3) Public availability.--The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available to the maximum extent practicable. ``(4) Exception for intelligence community.--This subsection shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as specified in, or designated under, section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''. (b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c) is amended by adding at the end the following: ``(c) Federal Agency.--The term `Federal agency' means any executive agency (as defined in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative or judicial branch of the Federal Government. ``(d) Substantially All.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.''. (c) Conforming Amendments.-- (1) Section 2 of the Buy American Act (41 U.S.C. 10a) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. (2) Section 3 of such Act (41 U.S.C. 10b) is amended-- (A) in subsection (a), by striking ``department or independent establishment'' and inserting ``Federal agency''; and (B) in subsection (b), by striking ``department, bureau, agency, or independent establishment'' and inserting ``Federal agency''. (3) Section 633 of the National Military Establishment Appropriation Act, 1950 (41 U.S.C. 10d) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. SEC. 3. GAO REPORT AND RECOMMENDATIONS. (a) Report on Scope of Waivers.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress recommendations to be used in determining, for purposes of applying the waiver provision of section 2(a) of the Buy American Act, as redesignated by section 2(a) of this Act, whether acquiring articles, materials, and supplies mined, produced, or manufactured in the United States would-- (1) involve unreasonable cost; or (2) be inconsistent with the public interest. (b) Recommendations.--The report described in subsection (a) shall include recommendations-- (1) for a statutory definition of unreasonable cost and for standards for determining inconsistency with the public interest; and (2) for establishing procedures for applying the waiver provisions of the Buy American Act that can be consistently applied.

Buy American Improvement Act of 2007 - Amends the Buy American Act to: (1) prohibit federal agencies from determining that it would not be in the public interest to enter into a contract subject to Buy American requirements after a solicitation of offers notice for such contract is published; and (2) apply Buy American requirements without regard to whether products to be acquired are for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis. Requires before a contract is entered in the latter type of case an analysis of the difference in costs of such products from manufacturers inside and outside the United States. Requires federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States, if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer, or such company is the only one that manufactures the product in the United States; and (2) report for FY2007-FY2011 to specified congressional committees on the amount of agency acquisitions from entities that manufacture products outside the United States (excepts intelligence agencies). Prohibits an agency head from determining that articles to be procured are not available from domestic sources without first determining that domestic production cannot be initiated to meet procurement needs, and that a comparable product is not available from a company in the United States. Defines a product as made "substantially all" from domestic components when the cost of the product's domestic components exceeds 75% of the cost of all the product's components. Requires the Comptroller General to report to Congress with recommendations for determining whether an acquisition would involve unreasonable cost and be inconsistent with the public interest for purposes of applying waivers of Buy American requirements.

A bill to amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. CONTINUING FUNDING. (a) In General.--If any regular appropriation bill for any fiscal year does not become law prior to the beginning of these fiscal years 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 those fiscal years. (b) Level of Funding.--Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be at 100 percent of the rate of operations that was provided for the program, project, or activity in fiscal year 1999 in the corresponding regular appropriation Act for fiscal year 1999. (c) Period of Availability.--Appropriations and funds made available, and authority granted, for any fiscal year 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 any fiscal year 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 any fiscal year. SEC. 3. TERMS AND CONDITIONS. (a) In General.--An appropriation of funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriations Act for fiscal year 1999, 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 1999 or authority granted for the program, project, or activity under current law. (b) Extent and Manner.--Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. SEC. 4. COVERAGE. Appropriations and funds made available, and authority granted, for any program, project, or activity for any fiscal year pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of any fiscal year for which this Act applies to that program, project, or activity. SEC. 5. EXPENDITURES. Expenditures made for a program, project, or activity for any fiscal year 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 any fiscal year providing for that program, project, or activity for that period becomes law. SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY. 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 1999. SEC. 7. PROTECTION OF OTHER OBLIGATIONS. Nothing in this Act shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. SEC. 8. DEFINITION. 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 Affairs 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 1999) in the absence of regular appropriations for any fiscal year.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Infrastructure Financing Act of 1999''. SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period at the end and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218,'' and inserting ``211,''. (b) Guidance for Small Systems.--Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist small systems in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual. ``(3) Definition of small system.--In this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and that serves a population of 20,000 or fewer inhabitants.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The water pollution control revolving fund of a State shall be used only for providing financial assistance for activities that have, as a principal benefit, the improvement or protection of the water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency, or other person, including activities such as-- ``(A) construction of a publicly owned treatment works; ``(B) implementation of lake protection programs and projects under section 314; ``(C) implementation of a nonpoint source management program under section 319; ``(D) implementation of a estuary conservation and management plan under section 320; ``(E) restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights; ``(F) implementation of measures to improve the efficiency of public water use; ``(G) development and implementation of plans by a public recipient to prevent water pollution; and ``(H) acquisition of land necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.-- ``(A) Repayments.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments. ``(B) Availability.--The balance in the fund shall be available in perpetuity for providing financial assistance described in paragraph (1). ``(C) Fees.--Fees charged by a State to recipients of the assistance may be deposited in the fund and may be used only to pay the cost of administering this title.''. (b) Extended Repayment Period for Disadvantaged Communities.-- Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A), by inserting after ``20 years'' the following: ``or, in the case of a disadvantaged community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B), by striking ``not later than 20 years after project completion'' and inserting ``on the expiration of the term of the loan''. (c) Loan Guarantees for Innovative Technology.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) and inserting the following: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies;''. (d) Administrative Expenses.--Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or the greater of $400,000 per year or an amount equal to \1/2\ percent per year of the current valuation of the fund, plus the amount of any fees collected by the State under subsection (c)(2)(C)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that the amounts used under this paragraph for a fiscal year shall not exceed 2 percent of all grants provided to the fund for the fiscal year under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) of the Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (g) and inserting the following: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from the water pollution control revolving fund of the State for a project for construction of a publicly owned treatment works only if the project is on the priority list of the State under section 216, without regard to the rank of the project on the list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Interest Rates.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Interest Rates.-- ``(1) In general.--In any case in which a State makes a loan under subsection (d)(1) to a disadvantaged community, the State may charge a negative interest rate of not to exceed 2 percent to reduce the unpaid principal of the loan. ``(2) Limitation.--The aggregate amount of all negative interest rate loans the State makes for a fiscal year under paragraph (1) shall not exceed 20 percent of the aggregate amount of all loans made by the State from the water pollution control revolving fund for the fiscal year. ``(j) Definition of Disadvantaged Community.--In this section, the term `disadvantaged community' means the service area of a publicly owned treatment works with respect to which the average annual residential sewage treatment charges for a user of the treatment works meet affordability criteria established by the State in which the treatment works is located (after providing for public review and comment) in accordance with guidelines established by the Administrator in cooperation with the States.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$3,000,000,000 for each of fiscal years 2001 through 2005.''.

Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements. Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted. Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems. Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage. Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities. Reauthorizes appropriations for FY 2001 through 2005 for the revolving fund program.

Clean Water Infrastructure Financing Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2005''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179B the following new section: ``SEC. 179C. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device 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 such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by inserting after subparagraph (I) the following new subparagraph: ``(J) expenditures for which a deduction is allowed under section 179C.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179B'' each place it appears in the heading and text and inserting ``179B, or 179C''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by inserting after paragraph (31) the following new paragraph: ``(32) to the extent provided in section 179C(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179C,'' after ``179B,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179B the following new item: ``Sec. 179C. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.

Public Safety and Protection Investment Act of 2005 - Amends the Internal Revenue Code to allow individual and corporate taxpayers to expense (i.e., claim a full tax deduction in the current taxable year) the costs of purchasing and installing certain qualifying security devices.

To amend the Internal Revenue Code of 1986 to allow businesses to expense qualified security devices.

SECTION. 1. DEMONSTRATION PROJECT FOR MEDICAL ADULT DAY CARE SERVICES. (a) Establishment.--Subject to the succeeding provisions of this section, the Secretary of Health and Human Services shall establish a demonstration project (in this section referred to as the ``demonstration project'') under which the Secretary shall, as part of a plan of an episode of care for home health services established for a medicare beneficiary, permit a home health agency, directly or under arrangements with a medical adult day care facility, to provide medical adult day care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home. (b) Payment.-- (1) In general.--The amount of payment for an episode of care for home health services, a portion of which consists of substitute medical adult day care services, under the demonstration project shall be made at a rate equal to 95 percent of the amount that would otherwise apply for such home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). In no case may a home health agency, or a medical adult day care facility under arrangements with a home health agency, separately charge a beneficiary for medical adult day care services furnished under the plan of care. (2) Budget neutrality for demonstration project.-- Notwithstanding any other provision of law, the Secretary shall provide for an appropriate reduction in the aggregate amount of additional payments made under section 1895 of the Social Security Act (42 U.S.C. 1395fff) to reflect any increase in amounts expended from the Trust Funds as a result of the demonstration project conducted under this section. (c) Demonstration Project Sites.--The project established under this section shall be conducted in not more than 5 States selected by the Secretary that license or certify providers of services that furnish medical adult day care services. (d) Duration.--The Secretary shall conduct the demonstration project for a period of 3 years. (e) Voluntary Participation.--Participation of medicare beneficiaries in the demonstration project shall be voluntary. The total number of such beneficiaries that may participate in the project at any given time may not exceed 15,000. (f) Preference in Selecting Agencies.--In selecting home health agencies to participate under the demonstration project, the Secretary shall give preference to those agencies that are currently licensed or certified through common ownership and control to furnish medical adult day care services. (g) Waiver Authority.--The Secretary may waive such requirements of title XVIII of the Social Security Act as may be necessary for the purposes of carrying out the demonstration project, other than waiving the requirement that an individual be homebound in order to be eligible for benefits for home health services. (h) Evaluation and Report.--The Secretary shall conduct an evaluation of the clinical and cost effectiveness of the demonstration project. Not later 30 months after the commencement of the project, the Secretary shall submit to Congress a report on the evaluation, and shall include in the report the following: (1) An analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries participating in the project as compared to such outcomes and costs to beneficiaries receiving only home health services for the same health conditions. (2) Such recommendations regarding the extension, expansion, or termination of the project as the Secretary determines appropriate. (i) Definitions.--In this section: (1) Home health agency.--The term ``home health agency'' has the meaning given such term in section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (2) Medical adult day care facility.--The term ``medical adult day care facility'' means a facility that-- (A) has been licensed or certified by a State to furnish medical adult day care services in the State for a continuous 2-year period; (B) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; (C) meets such standards established by the Secretary to assure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; and (D) provides medical adult day care services. (3) Medical adult day care services.--The term ``medical adult day care services'' means-- (A) home health service items and services described in paragraphs (1) through (7) of section 1861(m) furnished in a medical adult day care facility; (B) a program of supervised activities furnished in a group setting in the facility that-- (i) is designed to promote physical and mental health of the individuals; and (ii) meet such criteria as the Secretary determines appropriate; and (C) such other services as the Secretary may specify. (4) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual entitled to benefits under part A of this title, enrolled under part B of this title, or both.

Directs the Secretary of Health and Human Services to establish a demonstration project under which the Secretary shall, as part of a plan of an episode of care for home health services established for a Medicare beneficiary, permit a home health agency, directly or under arrangements with a medical adult day care facility, to provide medical adult day care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home.

To amend title XVIII of the Social Security Act to direct the Secretary of Health and Human Services to carry out a demonstration program under the Medicare Program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2003''. SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended-- (1) in subsections (a) and (c), by striking ``of tangible personal property''; and (2) in subsection (d) by striking ``the sale of, tangible personal property'' and inserting ``a sale,''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended by adding at the end the following: ``Sec. 105. Beginning with taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2003, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 4 of the Business Activity Tax Simplification Act of 2003. A State or subdivision may not assess or collect any tax which by reason of this section the State or subdivision may not impose.''. (c) Effective Date of Subsection (a) Amendments.--The amendments made by subsection (a) shall apply with respect to the imposition, assessment, and collection of taxes for taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2003. SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--Except as otherwise provided by this Act, no taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce, unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.--Except as otherwise provided by this Act, for the purposes of subsection (a), a person has a physical presence in a State only if such person's business activities within such State include any of the following during the person's taxable year: (1) Being an individual physically within the State, or assigning one or more employees to be in such State, on more than 21 days. However, the following shall be disregarded in determining whether such 21-day limit has been exceeded: (A) Activities in connection with a possible purchase of goods or services for the business. (B) Gathering news and covering events for print, broadcast, or other distribution through the media. (C) Meeting government officials for purposes other than selling goods or services. (D) Participation in educational or training conferences, seminars or other similar functions. (E) Participating in charitable activities. (2) Using the services of another person, except an employee, in such State, on more than 21 days to establish or maintain the market in that State, unless that other person performs similar functions on behalf of at least one additional business entity during the taxable year. (3) The leasing or owning of tangible personal property or real property in such State on more than 21 days. However, the following shall be disregarded in determining whether such 21- day limit has been exceeded: (A) Tangible property located in the State for purposes of being assembled, manufactured, processed, or tested by another person for the benefit of the owner or lessee, or used to furnish a service to the owner or lessee by another person. (B) Marketing or promotional materials distributed in a State using mail or a common carrier, or as inserts in or components of publications. (C) Any property to the extent used ancillary to an activity excluded from the computation of the 21-day period under paragraph (1) or (2). (c) Taxable Periods not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Exceptions.-- (1) Domestic business entities and individuals domiciled in the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State or commercially domiciled in the State in which the tax is imposed; or (B) an individual who is domiciled in the State. (2) Taxation of partners and similar persons.--If a taxing authority is not prohibited by this section from taxing an entity that is a partnership, a Subchapter S corporation, a limited liability company, a trust, or an estate, or another similar entity, that taxing authority is also not prohibited by this section from taxing the owners or beneficiaries of the entity, if State law imposes the tax not on the entity itself but on the entity's owners or beneficiaries, whether or not they are in the State, with respect to their ownership interest in the entity. (3) Certain activities.--With respect to the following, subsection (b) shall be read by substituting ``one day'' for ``more than 21 days'': (A) The sale within the State of tangible personal property, where delivery of the property originates and is completed within that State. (B) The performance of services to real property within the State. (4) Exception relating to certain performances and sporting events.--With respect to the taxation of one of the following, subsection (b) shall be read by substituting ``one day'' for ``more than 21 days'': (A) A live performance in the State, before a live audience of more than 100 individuals. (B) A live sporting event in the State before more than 100 spectators present at the event. SEC. 4. DEFINITIONS. The following definitions apply in this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) The term ``other business activity tax'' means-- (i) a tax imposed on or measured by gross receipts, gross income, or gross profits; (ii) a business licence tax; (iii) a business and occupation tax; (iv) a franchise tax; (v) a single business tax or a capital stock tax; or (vi) any other tax imposed by a State on a business for the right to do business in that State or measured by the amount of, or economic results of, business or related activity conducted in that State. (B) The term ``other business activity tax'' does not include a transaction tax. (3) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, and any political subdivision thereof. SEC. 5. GENERAL MATTERS. (a) Rule of Construction.--The limitation on the power of a State imposed by section 3 does not affect any other limitation on that power imposed by other law. (b) Effective Date.--This Act applies with respect to taxable periods beginning on and after the first day of the first year that begins after the date of enactment of this Act.

Business Activity Tax Simplification Act of 2003 - Amends Federal law concerning the taxation of interstate commerce to expand the scope of the protections prohibiting taxation by jurisdictions of the income of out-of-state corporations whose in-state presence is nominal from just tangible personal property to include intangible property and services. Requires an out-of-state company to have a physical presence in a State before the State can impose franchise taxes, business license taxes, and other business activity taxes.

To regulate certain State taxation of interstate commerce, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Rehabilitation and Repair Act of 2007''. SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS. (a) Definitions.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (10), (12), (13), (14), and (15), respectively; (2) by striking paragraph (3) and inserting the following: ``(3) Administrator.--The term `Administrator' means the Administrator of FEMA. ``(4) Deficient dam.--The term `deficient dam' means a dam that the State within the boundaries of which the dam is located determines-- ``(A) fails to meet minimum dam safety standards of the State; and ``(B) poses an unacceptable risk to the public.''; and (3) by inserting after paragraph (10) (as redesignated by paragraph (1)) the following: ``(11) Rehabilitation.--The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.''. (b) Program for Rehabilitation and Repair of Deficient Dams.--The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following: ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS. ``(a) Establishment of Program.--The Administrator shall establish, within FEMA, a program to provide grant assistance to States for use in rehabilitation of publicly-owned deficient dams. ``(b) Award of Grants.-- ``(1) Application.--A State interested in receiving a grant under this section may submit to the Administrator an application for such grant. Applications submitted to the Administrator under this section shall be submitted at such times, be in such form, and contain such information, as the Administrator may prescribe by regulation. ``(2) In general.--Subject to the provisions of this section, the Administrator may make a grant for rehabilitation of a deficient dam to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. The Administrator shall enter into a project grant agreement with the State to establish the terms of the grant and the project, including the amount of the grant. ``(c) Priority System.--The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be made under this section. ``(d) Allocation of Funds.--The total amount of funds appropriated pursuant to subsection (f)(1) for a fiscal year shall be allocated for making grants under this section to States applying for such grants for that fiscal year as follows: ``(1) One-third divided equally among applying States. ``(2) Two-thirds among applying States based on the ratio that-- ``(A) the number of non-Federal publicly-owned dams that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health and that are located within the boundaries of the State; bears to ``(B) the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States. ``(e) Cost Sharing.--The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section may not exceed 65 percent of the cost of such rehabilitation. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section-- ``(A) $50,000,000 for fiscal year 2007; and ``(B) $100,000,000 for each of fiscal years 2008 through 2010. ``(2) Staff.--There are authorized to be appropriated to provide for the employment of such additional staff of FEMA as are necessary to carry out this section $400,000 for each of fiscal years 2007 through 2009. ``(3) Period of availability.--Sums appropriated pursuant to this section shall remain available until expended.''. (c) Conforming Amendment.--Such Act (other than section 2) is further amended by striking ``Director'' each place it appears and inserting ``Administrator''. SEC. 3. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 of this Act. (b) Final Rule.--Not later than 120 days after the date of enactment of this Act, the Administrator shall issue a final rule regarding such amendments.

Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Administrator of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Administrator to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%.

To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Security Act of 1999''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Off-site Consequence Analysis Submission'' means only the off-site consequence portion of a risk management plan submitted to the Administrator under section 68.165 of title 40 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act. (3) The term ``covered stationary source'' means a stationary source of any air pollutant that is required to submit a risk management plan under section 112(r)(7)(B) of the Clean Air Act. (4) The term ``official use'' means any action that is intended to carry out a function of a Federal, State, or local agency or entity having responsibility for planning for or responding to chemical releases at a stationary source. Such term includes disclosing the results of an Off-site Consequence Analysis Submission in any format different than that used in the Submission. (5) The term ``authorized contractor'' means a person having responsibility for handling risk management plans under subparagraph (B) of section 112(r)(7) of the Clean Air Act under contract with the Administrator, the Chemical Safety and Hazard Investigation Board, a State, or a local agency or entity referred to in clause (iii) of such subparagraph (B). SEC. 3. ONE-YEAR MORATORIUM FOR CONGRESSIONAL CONSIDERATION. (a) Prohibition.-- (1) In general.--Notwithstanding any other provision of any Federal, State, or local law that provides for freedom of information or public disclosure of governmental information, in order to provide for Congressional consideration of the effects of the public disclosure required under clause (iii) of section 112(r)(7)(B) of the Clean Air Act and for consideration of the reports under section 4 of this Act, no Off-site Consequence Analysis Submission shall be disclosed, or made available, to the public or to any person or entity by the Administrator, the Chemical Safety and Hazard Investigation Board, a State, a local agency or an entity referred to in such clause (iii), or any authorized contractor. (2) One-year period.--The prohibition set forth in paragraph (1) shall apply only for a period ending 1-year after the date of the enactment of this Act. (3) Permitted disclosure.--The prohibition set forth in paragraph (1) shall not apply to disclosure of an Off-site Consequence Analysis Submission for official use only pursuant to clause (iii) of section 112(r)(7)(B) of the Clean Air Act to the Administrator, the Chemical Safety and Hazard Investigation Board, a State, a local agency or an entity referred to in such clause (iii), or any authorized contractor. (b) Penalty.--The violation of the prohibition set forth in subsection (a) shall be an infraction punishable under section 3571 of title 18 of the United States Code. In any case in which more than one Off-site Consequence Analysis Submission has been disclosed or made available in violation of subsection (a), the violation with respect to each such Submission shall be considered a separate violation for purposes of such section 3571. The total of all penalties imposed on a single person or organization for violations of subsection (a) shall not exceed $100,000. (c) Disclosure without Facility Identification.--Notwithstanding the moratorium under subsection (a), after June 21, 1999, the Administrator shall make information from risk management plans, including information from the Off-site Consequence Analysis Submissions, available to the public in accordance with section 112(r)(7)(B)(iii) of the Clean Air Act in a form which does not include any information concerning the identity or location of the covered stationary sources for which such plans were prepared. (d) Emergency Planning Meetings.--Not later than 180 days after the date of enactment of this Act, each owner or operator of a covered stationary source shall convene a meeting with community representatives, employees and contractors working at the covered stationary source and with local emergency planning committees and other appropriate emergency responders to discuss the measures necessary to prevent, and protect the source from, attacks by terrorists and other criminals. Not later than 10 months after the date of enactment of this Act, each such owner or operator shall send a certification to the Director of the Federal Bureau of Investigation stating that such meeting has been held within one year prior to, or within 10 months after, the date of the enactment of this Act. SEC. 4. SITE SECURITY STUDY AND REPORTS TO CONGRESS. (a) Site Security.--The Attorney General, using available data to the extent possible, and analyzing a sampling of covered stationary sources selected at the discretion of the Attorney General, and in consultation with appropriate State, local, and Federal governmental agencies, affected industry and the public, shall review the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, security of transportation of extremely hazardous substances, and the effectiveness of this Act. Six months after the date of the enactment of this Act, the Attorney General shall submit a report to the Congress containing the results of the review, together with recommendations for reducing vulnerability to criminal and terrorist activity through inherently safer practices and site security, and the need for additional legislation. If the report recommends information security measures, it shall describe the means by which any individual shall be guaranteed access to risk management information without a geographical restriction. The Attorney General shall submit updates of such report biennially after the submission of the first report. (d) Comptroller General Report.--Not later than 180 days after the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress on the health and environmental effects of public disclosure of information. In preparing such report the Comptroller General shall consult with the Administrator and appropriate representatives of the States, local governments, affected industries, emergency responders, and public interest groups and shall undertake a specific examination of the reduction in toxic chemical releases associated with the reporting requirements of section 313 of the Superfund Amendments and Reauthorization Act of 1986 (Toxics Release Inventory). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Chemical Security Act of 1999 - Bars the public disclosure of off-site consequence analysis submissions under the Clean Air Act for a period of one year after this Act's enactment. Defines an "off-site consequence analysis submission" as a portion of a risk management plan submitted to the Administrator of the Environmental Protection Agency by stationary sources of certain hazardous substances. Permits disclosure of such information for official use only. Prescribes penalties for violation of such prohibition. Directs the Administrator, after June 21, 1999, to make information from risk management plans, including information from off-site consequence analysis submissions, publicly available in a form which excludes information concerning the identity or location of covered stationary sources. Requires owners or operators of such sources to convene a meeting with community representatives, employees and contractors working at such sources, and local emergency planning committees and other emergency responders to discuss measures necessary to prevent, and protect such sources from, attacks by terrorists and other criminals. Provides for certifications to the Federal Bureau of Investigation by such owners or operators that such meetings have been held. Directs the Attorney General to review and report to Congress on the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, security of transportation of extremely hazardous substances, and this Act's effectiveness. Provides for biennial updates of such report and for recommendations for reducing such vulnerability through inherently safer practices and site security and the need for additional legislation. Requires the Comptroller General to report to Congress on the health and environmental effects of public disclosure of information. Requires, as part of such report, an examination of the reductions in toxic chemical releases associated with reporting requirements of the Superfund Amendments and Reauthorization Act of 1986. Authorizes appropriations.

Chemical Security Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Agreements Compliance Act of 1993''. SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE. Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by inserting after section 306 the following new section: ``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE. ``(a) Definitions.--For purposes of this section-- ``(1) The term `interested person' means any person that has a significant economic interest that is being, or has been, adversely affected by the failure of a foreign country to comply materially with the terms of a trade agreement. ``(2) The term `trade agreement' means any bilateral trade agreement to which the United States is a party other than-- ``(A) the United States-Canada Free Trade Agreement, entered into on January 2, 1988, and ``(B) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, entered into on April 22, 1985. ``(b) Request for Review.-- ``(1) An interested person may request the Trade Representative to undertake a review under this section to determine whether a foreign country is in material compliance with the terms of a trade agreement. ``(2) A request for the review of a trade agreement under this section may be made only during-- ``(A) the 30-day period beginning on each anniversary of the effective date of the trade agreement; and ``(B) the 30-day period ending on the 90th day before the termination date of the trade agreement, if the first day of such 30-day period occurs not less than 180 days after the last occurring 30-day period referred to in subparagraph (A). ``(3) The Trade Representative shall commence a review under this section if the request-- ``(A) is in writing; ``(B) includes information reasonably available to the petitioner regarding the failure of the foreign country to comply with the trade agreement; ``(C) identifies the economic interest of the petitioner that is being adversely affected by the failure referred to in subparagraph (B); and ``(D) describes the extent of the adverse effect. ``(4) If 2 or more requests are filed during any period described in paragraph (2) regarding the same trade agreement, all of such requests shall be joined in a single review of the trade agreement. ``(c) Review.-- ``(1) If 1 or more requests regarding any trade agreement are received during any period described in subsection (b)(2), then within 90 days after the last day of such period the Trade Representative shall determine whether the foreign country is in material compliance with the terms of the trade agreement. ``(2) In making a determination under paragraph (1), the Trade Representative shall take into account-- ``(A) the extent to which the foreign country has adhered to the commitments it made to the United States; ``(B) the extent to which that degree of adherence has achieved the objectives of the agreement; and ``(C) any act, policy, or practice of the foreign country, or other relevant factor, that may have contributed directly or indirectly to material noncompliance with the terms of the agreement. The acts, policies, or practices referred to in subparagraph (C) may include structural policies, tariff or nontariff barriers, or other actions which affect compliance with the terms of the agreement. ``(3) In conducting any review under para- graph (1), the Trade Representative may, if the Trade Representative considers such action necessary or appropriate-- ``(A) consult with the Secretary of Commerce and the Secretary of Agriculture; ``(B) seek the advice of the United States International Trade Commission; and ``(C) provide opportunity for the presentation of views by the public. ``(d) Action After Affirmative Determination.-- ``(1) If, on the basis of the review carried out under subsection (c), the Trade Representative determines that a foreign country is not in material compliance with the terms of a trade agreement, the Trade Representative shall determine what action to take under section 301(a). ``(2) For purposes of section 301, any determination made under subsection (c) shall be treated as a determination made under section 304. ``(3) In determining what action to take under section 301(a), the Trade Representative shall seek to minimize the adverse impact on existing business relations or economic interests of United States persons, including products for which a significant volume of trade does not currently exist. ``(e) International Obligations.--Nothing in this section may be construed as requiring actions that are inconsistent with the international obligations of the United States, including the General Agreement on Tariffs and Trade.''. SEC. 3. CONFORMING AMENDMENTS. (a) Congressional Notification.--Section 309(3)(A) of the Trade Act of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section 302,'' and inserting ``sections 302 and 306A(c),''. (b) Table of Contents.--The table of contents of the Trade Act of 1974 relating to chapter 1 of title III is amended by inserting after the item relating to section 306 the following: ``Sec. 306A. Requests for review of foreign compliance.''.

Trade Agreements Compliance Act of 1993 - Amends the Trade Act of 1974 to authorize an interested person to request the United States Trade Representative (USTR) to determine whether a foreign country is complying with any bilateral trade agreement to which the United States is a party (other than the United States-Canada Free Trade Agreement or the Agreement on the Establishment of a Free Trade Area between the United States and Israel). Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with such agreement. Requires the amendments made by this Act to be consistent with U.S. international obligations, including the General Agreement on Tariffs and Trade.

Trade Agreements Compliance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pullman National Historical Park Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Pullman Historical District was designated as a National Historic Landmark (NHL) District in 1970 by the Secretary of the Interior for its significance to American labor history, social history, architecture, urban planning, and the events that took place at Pullman were pivotal in creating the world's first national Labor Day holiday. (2) The Historic Pullman District, built between the years of 1880 and 1884, was established by George M. Pullman, owner of the Pullman Palace Car Company. Pullman envisioned an industrial town that provided employees with a model community and suitable living conditions for workers and their families. The town, which consisted of over 1,000 buildings and homes, was awarded ``The World's Most Perfect Town'' at the International Hygienic and Pharmaceutical Exposition in 1896. (3) The Pullman factory site is a true symbol of the historic American struggle to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States. In the midst of economic depression in 1894, Pullman factory workers initiated a strike to protest unsafe conditions and reductions in pay that, when taken up as a cause by the American Railway Union (ARU), crippled the entire rail industry. The strike continued even in the face of a Federal injunction and a showdown between laborers and Federal troops that turned violent and deadly. But the strike also set a national example for the ability of working Americans to change the existing system in favor of more just practices for protecting workers rights and safety. (4) The Pullman community was the site of the famous 1894 Pullman labor strike. Following the deaths of a number of workers at the hands of the U.S. military and U.S. Marshals during that strike, the United States Congress unanimously voted to approve rush legislation that created a national Labor Day holiday. President Grover Cleveland signed it into law a mere six days after the end of the strike. (5) The Pullman Car Company also played an important role in African-American and early Civil Rights history through the legacy of the Pullman Porters. Many of the Pullman Porters were ex-slaves who were employed in a heavily discriminatory environment immediately following the Civil War. These men, who served diligently between the 1870s and the 1960s, have been commended for their level of service and attention to detail, as well as their contributions to the development of the Black middle class. The information, ideas, and commerce they carried across the country (while traveling on trains) helped to bring education and wealth to Black communities everywhere. Their positive role in the historical image of the first-class service that was made available on Pullman cars is unmistakable. (6) Pullman was the seminal home to the Brotherhood of Sleeping Car Porters, the first African-American labor union with a collective bargaining agreement, founded by civil rights pioneer A. Philip Randolph in 1925. This union fought against discrimination and in support of just labor practices, and helped lay the groundwork for what became the great Civil Rights Movement of the 20th century. (7) The Pullman community is a paramount illustration of the work of architect Solon Spencer Beman and a well-preserved example of 19th century community planning, architecture, and landscape design. The community is comprised of a number of historic structures, including the Administration (Clock-tower) Building, Hotel Florence, Greenstone Church, Market Square, and hundreds of units of row houses built for Pullman workers. (8) The preservation of Pullman has been threatened by plans for demolition in 1960 and by a fire in 1998, which damaged the iconic clock-tower and the rear erecting shops. The restoration and preservation led by the diligent efforts of community organizations, foundations, non-profits, residents, and the local and State government were vital to the protection of the site. (9) Due to the Pullman's historic and architectural significance, the site is designated as-- (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark District. (10) The preservation, enhancement, economic, and tourism potential and management of the Pullman National Historical Park's important historical and architectural resources requires cooperation and partnerships from among local property owners, local, State, and Federal Government entities, the private and non-profit sectors, and more than 100 civic organizations who have expressed support for community preservation through the creation of Pullman National Historical Park. SEC. 3. ESTABLISHMENT OF PULLMAN NATIONAL HISTORICAL PARK. (a) Establishment and Purpose.--There is hereby established Pullman National Historical Park in the State of Illinois for the purposes of-- (1) preserving and interpreting for the benefit of future generations the significant labor, industrial and social history; the significant civil rights history; and the significant architectural structures in Pullman National Historical Park; (2) preserving and interpreting for the benefit of future generations the role of Pullman in the creation of the world's first national Labor Day holiday; (3) coordinating preservation, protection, and interpretation efforts by Federal, State, or local governmental entities, and/or private and nonprofit organizations; and (4) coordinating appropriate management options needed to ensure the protection, preservation, and interpretation of the many significant aspects of the site. (b) Boundaries.--The boundaries of Pullman National Historical Park should reflect and not exceed the boundaries of the Pullman Historic District in Chicago, which is between 103rd Street on the north, 115th Street on the south, Cottage Grove Avenue on the west, and the Norfolk & Western Rail Line on the east. The area encompasses about 300 acres. The National Park Service would initially own only the Pullman Factory Complex, including the Administration/Clock Tower Building and rear erecting shops and the approximately 13 acres of land on which the structures sit, which would be conveyed to the National Park Service by the State of Illinois. All future land, buildings, and assets could be transferred to the Federal Government by donation, transfer, or exchange only. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary of the Interior shall administer Pullman National 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 Service Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). Additionally, nothing in this law modifies any authority of the United States to carry out Federal laws on Federal land located within the Park. (b) Cooperative Agreements.--The Secretary may also enter into cooperative agreements with the State or other public and non-public parties, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the Park (and at sites in close proximity to the Park but outside boundaries), including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Land and Property Acquisition.--All land, buildings, structures, or interests in land owned by the State or any other political, private, or non-profit entity may be acquired by the Federal Government by donation, transfer, exchange, or purchase from a willing seller. (d) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with-- (1) section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)); and (2) any other applicable laws.

Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Secretary of the Interior to complete a general management plan for the Park.

Pullman National Historical Park Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech About Science Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Federal regulators have forbidden-- (A) cherry growers and food producers to cite independent and respected scientific research on their produce that references health benefits; and (B) a variety of dietary supplement makers to cite independent scientific research on health benefits from supplements from respected, peer-reviewed scientific journals. (2) Americans want access and have a right to access legitimate scientific information about foods and dietary supplements to ensure informed decisions about diet and health care. While the American public is inundated daily with advertisements about prescription drugs for health conditions, many of which could be prevented through lifestyle changes, proper nutrition, and informed use of dietary supplements, Americans are denied access to the very information that assists in making informed lifestyle and health care decisions. (3) Providing access to scientific information promotes self-responsibility, thereby empowering Americans to exercise independent judgment in caring for themselves and ultimately reducing health care costs and improving quality of life. (4) The United States has a long commitment to the free dissemination of scientific research with the exception of limited extreme situations for national security. This commitment goes back to the First Amendment to the Constitution and has contributed vitally to the Nation's economic progress. SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS. Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended-- (1) in subparagraph (3)-- (A) by redesignating clause (D) as clause (E); (B) by inserting after clause (C) the following: ``(D) Notwithstanding the provisions of clauses (A)(i) and (B), a claim of the type described in subparagraph (1)(B) which is not authorized by the Secretary in a regulation promulgated in accordance with clause (B) shall be authorized and may be made with respect to a food if-- ``(i) the claim is based on legitimate scientific research; ``(ii) the claim and the food for which the claim is made are in compliance with clause (A)(ii) and are otherwise in compliance with paragraph (a) and section 201(n); ``(iii) the claim is stated in a manner so that the claim-- ``(I) is an accurate balanced summary of such research; and ``(II) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; ``(iv) the claim includes a citation to such research; and ``(v) the claim identifies each party that funded such research.''; (C) in clause (E), as so redesignated, by striking ``clause (C)'' each place it appears and inserting ``clause (C) or (D)''; and (D) by adding at the end the following: ``(F) In this subparagraph, the term `legitimate scientific research' means scientific research, whether performed in vitro, in vivo, in animals, or in humans, that-- ``(i) is conducted in accordance with sound scientific principles; ``(ii) has been evaluated and accepted by a scientific or medical panel; and ``(iii) has been published in its entirety, or as an accurate, balanced summary or scientific review including a citation to the research in its entirety, in-- ``(I) a peer-reviewed article or book; ``(II) a recognized textbook; ``(III) a peer-reviewed scientific publication; or ``(IV) any publication of the United States Government (including ones published by or at the request of a Federal department, agency, institute, center, or academy).''; (2) by amending subparagraph (6) to read as follows: ``(6)(A) For purposes of subparagraph (1)(B), a statement for a dietary supplement may be made if-- ``(i) the statement claims a benefit related to a classical nutrient deficiency condition and discloses the prevalence of such condition in the United States, describes the role of a nutrient or dietary ingredient intended to affect the structure or function in humans, characterizes the documented mechanism by which a nutrient or dietary ingredient acts to maintain such structure or function, or describes general well-being from consumption of a nutrient or dietary ingredient; ``(ii) the manufacturer of the dietary supplement has substantiation that such statement is truthful and not misleading; ``(iii) the statement contains, prominently displayed and in boldface type, the following: `This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.'; and ``(iv) the statement does not claim to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases. ``(B) Notwithstanding subparagraph (1)(B), a statement for a dietary supplement may be made if-- ``(i) the statement claims to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research (as defined in subparagraph (3)(F)); ``(ii) the manufacturer of the dietary supplement has substantiation that such statement is truthful and not misleading; ``(iii) the statement contains, prominently displayed and in boldface type, the following: `This statement has not been evaluated by the Food and Drug Administration.'; ``(iv) the claim includes a citation to the research referred to in subclause (i); and ``(v) the claim identifies each party that funded such research. If the manufacturer of a dietary supplement proposes to make a statement described in clause (A) or (B) in the labeling of the dietary supplement, the manufacturer shall notify the Secretary no later than 30 days after the first marketing of the dietary supplement with such statement that such a statement is being made.''; and (3) by adding at the end the following: ``(8) Subject to subparagraph (1) (relating to claims in the label or labeling of food), the Secretary shall take no action to restrict in any way the distribution of information that is not false or misleading on legitimate scientific research (as defined in subparagraph (3)(F)) in connection with the sale of food.''.

Free Speech About Science Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to allow food producers to make a disease or health-related claim about a food if such claim is based on legitimate scientific research. Requires such a claim to: (1) be stated so that it is an accurate, balanced summary of such research and enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (2) identify each party that funded research to support the claim. Allows a disease or health-related statement for a dietary supplement if: (1) the statement claims to diagnose, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research; (2) the manufacturer of the supplement has substantiation that such statement is truthful and not misleading; and (3) the health claim includes a citation to the research supporting such claim and identifies each party that funded such research. Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food.

To amend the Federal Food, Drug, and Cosmetic Act concerning the distribution of information on legitimate scientific research in connection with foods and dietary supplements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Security Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal Bureau of Investigation and the Agency for Toxic Substances and Disease Registry believe that the possibility of terrorist and criminal attacks on chemical plants poses a serious threat to human health, safety, and the environment; (2) limiting public access to chemical accident information does not address the underlying problem of the vulnerability of chemical plants to criminal attack; on the contrary, providing public access to chemical accident information may create substantial incentives to reduce such vulnerability; (3) there are significant opportunities to prevent criminal attack on chemical plants by employing inherently safer technologies in the manufacture and use of chemicals; such technologies may offer industry substantial savings by reducing the need for site security, secondary containment, buffer zones, mitigation, and liability insurance; (4) chemical plants have a general duty to design and maintain safe facilities to prevent criminal activity that may result in harm to human health, safety and the environment; and (5) if the Attorney General determines that chemical plants have not taken adequate actions to protect themselves from criminal attack, the Attorney General must establish a program to ensure that such actions are taken. SEC. 3. PREVENTION OF CRIMINAL RELEASES. (a) Purpose and General Duty.--Section 112(r)(1) of the Clean Air Act (42 U.S.C. 7412(r)(1)) is amended by striking the second sentence and inserting the following: ``Each owner and each operator of a stationary source that produces, processes, handles, or stores such a substance has a general duty in the same manner and to the same extent as the duty imposed under section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654) to identify hazards that may result from an accidental release or criminal release using appropriate hazard assessment techniques, to ensure design and maintenance of safe facilities taking such actions as are necessary to prevent accidental releases and criminal releases, and to minimize the consequences of any accidental release or criminal release that does occur.''. (b) Definitions.--Section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Criminal release.--The term `criminal release' means-- ``(i) a release of a regulated substance from a stationary source into the environment that is caused, in whole or in part, by a criminal act; and ``(ii) a release into the environment of a regulated substance that has been removed from a stationary source, in whole or in part, by a criminal act. ``(C) Design and maintenance of safe facilities.-- The term `design and maintenance of safe facilities' means, with respect to the facilities at a stationary source, the practices of-- ``(i) preventing or reducing the vulnerability of the stationary source to a release of a regulated substance through use of inherently safer technology to the maximum extent practicable; ``(ii) reducing any vulnerability of the stationary source that remains after taking the measures described in clause (i) through secondary containment, control, or mitigation equipment to the maximum extent practicable; ``(iii) reducing any vulnerability of the stationary source that remains after taking the measures described in clauses (i) and (ii) by-- ``(I) making the facilities impregnable to intruders to the maximum extent practicable; and ``(II) improving site security and employee training to the maximum extent practicable; and ``(iv) reducing the potential consequences of any vulnerability of the stationary source that remains after taking the measures described in clauses (i) through (iii) through the use of buffer zones between the stationary source and surrounding populations (including buffer zones between the stationary source and residences, schools, hospitals, senior centers, shopping centers and malls, sports and entertainment arenas, public roads and transportation routes, and other population centers). ``(D) Use of inherently safer technology.-- ``(i) In general.--The term `use of inherently safer technology' means use of a technology, product, raw material, or practice that, as compared to the technology, products, raw materials, or practices currently in use-- ``(I) reduces or eliminates the possibility of release of a toxic, volatile, corrosive, or flammable substance prior to secondary containment, control, or mitigation; and ``(II) reduces or eliminates the hazards to public health and the environment associated with the release or potential release of a substance described in subclause (I). ``(ii) Inclusions.--The term `use of inherently safer technology' includes input substitution, process redesign, product reformulation, procedure simplification, and technology modification so as to-- ``(I) use less hazardous or benign substances; ``(II) moderate pressures or temperatures; ``(III) reduce the likelihood and potential consequences of human error; ``(IV) improve inventory control and chemical use efficiency; and ``(V) reduce or eliminate storage, transportation, and handling of hazardous chemicals.''. (c) Determination and Regulations.--Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended by adding at the end the following: ``(12) Prevention of criminal releases.-- ``(A) Determination of adequacy.--Not later than 1 year after the date of enactment of this paragraph, the Attorney General, in consultation with the Administrator, shall determine whether the owners or operators of stationary sources have taken adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment. ``(B) Chemical security regulations.--If the Attorney General determines, under subparagraph (A), that adequate actions have not been taken, the Attorney General, in consultation with the Administrator, shall promulgate, not later than 2 years after the date of enactment of this paragraph, requirements to ensure that owners or operators of stationary sources take adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment.''. SEC. 4. REGULATIONS. The Administrator of the Environmental Protection Agency and the Attorney General may promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of the Environmental Protection Agency and the Attorney General such sums as are necessary to carry out this Act and the amendments made by this Act, to remain available until expended.

Chemical Security Act of 1999 - Amends provisions of the Clean Air Act regarding accidental releases of hazardous substances anticipated to cause death, injury, or serious health or environmental effects to require the Attorney General to: (1) determine whether owners or operators of stationary sources have taken adequate actions to detect, prevent, and minimize the consequences of criminal releases that may cause harm to public health and safety and the environment; and (2) promulgate requirements to ensure that such actions are taken, if they have not been taken. Defines a "criminal release" as a release of such a substance: (1) from a stationary source into the environment caused by a criminal act; and (2) that has been removed from a source by a criminal act. Authorizes appropriations.

Chemical Security Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Marine Shipping Assessment Implementation Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares the following: (1) The Arctic Ocean and adjacent seas are becoming increasingly accessible to shipping, due to thinning ice cover, technological improvements allowing greater efficiencies in the operation of ice-breakers and ice-strengthened cargo and passenger vessels, satellite support for navigation and real- time ice-charting, and growing demand for Arctic tourism and natural resources. (2) It is in the interests of the United States to work with the State of Alaska and our neighbors in the Arctic Region to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (3) It is further in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, and that United States sovereign and security interests, including the rights of United States vessels to innocent passage through international straits, are respected and protected, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic region. (4) It is further in the interests of the United States to see that a system of international cooperation is established to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel-to-shore communication, hydrographic mapping, and search and rescue capability. (5) For nearly 500 years, mariners and sea-faring nations have sought national and global benefits from sea routes in the Arctic similar to those provided now by the Panama and Suez canals, but as those benefits may finally be realized, expanded shipping will present risks to residents of the Arctic, and coordinated shipping regulations are needed to protect United States interests even from shipping that may occur in the Arctic region outside United States territorial waters. (6) Proven models for international cooperation in management of regional waterways exist, including United States joint administration of the St. Lawrence Seaway with Canada, and existing cooperation between the Coast Guard and its Russian Federation counterpart for fisheries enforcement in the Bering Sea and North Pacific regions. (7) The United States has continuing research, security, environmental, and commercial interests in the Arctic region that rely on the availability of icebreaker platforms of the Coast Guard. The Polar Class icebreakers commissioned in the 1970s are in need of replacement. (8) Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf. (9) Building new icebreakers, mustering international plans for aids to navigation and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation, including the approval of the International Maritime Organization, requires long lead times. Beginning those efforts now, with the completion of an Arctic Marine Shipping Assessment by the eight-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations. (b) Purpose.--The purpose of this Act is to ensure safe, secure, and reliable maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. SEC. 3. INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS. To carry out the purpose of this Act, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic-- (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. SEC. 4. COORDINATION BY COMMITTEE ON THE MARITIME TRANSPORTATION SYSTEM. The Committee on the Maritime Transportation System established under a directive of the President in the Ocean Action Plan, issued December 17, 2004, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of the Act. SEC. 5. AGREEMENTS AND CONTRACTS. The Secretary of the department in which the Coast Guard is operating may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to individuals and governments to carry out the purpose of this Act or any agreements established under section 3. SEC. 6. ICEBREAKING. The Secretary of the department in which the Coast Guard is operating shall promote safe maritime navigation by means of icebreaking where needed to assure the reasonable demands of commerce. SEC. 7. DEMONSTRATION PROJECTS. The Secretary of Transportation may enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to the Secretary of the department in which the Coast Guard is operating-- (A) $750,000,000 for each of fiscal years 2011 and 2012 for the construction of two polar capable icebreakers; (B) $5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; and (C) $10,000,000 for each of fiscal years 2012 through 2015 to carry out agreements established under section 5; and (2) to the Secretary of Transportation $5,000,000 for each of fiscal years 2011 through 2015 to conduct demonstration projects under section 7. SEC. 9. ARCTIC DEFINITION. In this Act the term ``Arctic'' has the same meaning as in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

Arctic Marine Shipping Assessment Implementation Act of 2009 - Directs the Secretary of the department in which the Coast Guard is operating to work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure in the Arctic: (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out this Act. Authorizes the Secretary, subject to the availability of appropriations, to enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out this Act or any agreements. Directs the Secretary to promote safe commercial maritime navigation by means of icebreaking when necessary. Authorizes the Secretary to enter into such agreements or contracts with, or make such grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic.

To ensure safe, secure, and reliable marine shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Protection Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Great apes are highly intelligent and social animals and research laboratory environments involving invasive research cannot meet their complex social and psychological needs. (2) Invasive research performed on great apes, and the breeding of great apes for these purposes, are economic in nature and substantially affect interstate commerce. (3) The majority of invasive research and testing conducted on great apes in the United States is for the end purpose of developing drugs, pharmaceuticals, and other products to be sold in the interstate market. (4) The total costs associated with great ape research have a direct economic impact on interstate commerce. (5) An overwhelming majority of invasive research procedures performed on great apes involves some element of interstate commerce, such that great apes, equipment, and researchers have traveled across State lines. (6) The regulation of animals and activities as provided in this Act are necessary to effectively regulate interstate and foreign commerce. (7) The National Research Council report entitled ``Chimpanzees in Research--Strategies for their Ethical Care, Management, and Use'' concluded that-- (A) there is a ``moral responsibility'' for the long-term care of chimpanzees used for scientific research; (B) there should be a moratorium on further chimpanzee breeding; (C) euthanasia should not be used as a means to control the size of the great ape population; and (D) sanctuaries should be created to house chimpanzees in a manner consistent with high standards of lifetime care, social enrichment, and cognitive development. (b) Purposes.--The purposes of this Act are to-- (1) prohibit invasive research on great apes and the use of Federal funding of such research, both within and outside of the United States; (2) prohibit the transport of great apes for purposes of invasive research; (3) prohibit the breeding of great apes for purposes of invasive research; and (4) require the provision of lifetime care of great apes that are owned by or under the control of the Federal Government in a suitable sanctuary through the permanent retirement of such apes. SEC. 3. DEFINITIONS. For purposes of this Act, the following terms apply: (1) Great ape.--The term ``great ape'' includes a chimpanzee, bonobo, gorilla, orangutan, or gibbon. (2) Invasive research.-- (A) The term ``invasive research'' means any research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to a great ape, including-- (i) the testing of any drug or intentional exposure to a substance that may be detrimental to the health or psychological well-being of a great ape; (ii) research that involves penetrating or cutting the body or removing body parts, restraining, tranquilizing, or anesthetizing a great ape; or (iii) isolation, social deprivation, or other experimental physical manipulations that may be detrimental to the health or psychological well-being of a great ape. (B) Such term does not include-- (i) close observation of natural or voluntary behavior of a great ape, provided that the research does not require an anesthetic or sedation event to collect data or record observations; (ii) the temporary separation of a great ape from its social group, leaving and returning, by its own volition; (iii) post-mortem examination of a great ape that was not killed for the purpose of examination or research; and (iv) the administration of an annual or other necessary physical exam by a licensed veterinarian for the individual great ape's well-being, that may include collection of blood, hair, or tissue samples conducted for the well-being of that great ape, the ape's social group, or the species. (3) Permanent retirement.-- (A) The term ``permanent retirement'' means that a great ape is placed in a suitable sanctuary that will provide for the lifetime care of the great ape and such great ape will not be used in further invasive research. (B) Such term does not include euthanasia. (4) Person.--The term ``person'' means-- (A) an individual, corporation, partnership, trust, association, or any other private or not-for-profit entity; (B) any officer, employee, agent, department, or instrumentality of the Federal Government, a State, municipality, or political subdivision of a State; or (C) any other entity subject to the jurisdiction of the United States. (5) Suitable sanctuary.--The term ``suitable sanctuary'' means-- (A) a sanctuary system under section 481C of the Public Health Service Act (42 U.S.C. 287a-3a); or (B) a comparable privately funded sanctuary approved by the Secretary of Health and Human Services. SEC. 4. PROHIBITIONS. (a) Invasive Research Prohibition.--No person shall conduct invasive research on a great ape. (b) Prohibition on Related Activities.--No person shall knowingly breed, possess, rent, loan, donate, purchase, sell, house, maintain, lease, borrow, transport, move, deliver, or receive a great ape for the purpose of conducting invasive research on such great ape. (c) Prohibition on Federal Funding for Invasive Research.--No Federal funds may be used to conduct invasive research on a great ape both within and outside the United States. (d) Exemption.--Nothing in this Act shall be construed to limit or prevent individualized medical care performed on a great ape by a licensed veterinarian for the well-being of the great ape, including surgical procedures or chemical treatments for birth control. SEC. 5. RETIREMENT. The Secretary of Health and Human Services or any other appropriate Federal authority shall provide for the permanent retirement of all great apes owned or under the control of the Federal Government that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. SEC. 6. CIVIL PENALTIES. In addition to any other penalties that may apply under law, whoever violates any provision of this Act shall be assessed a civil penalty of not more than $10,000 for each such violation. Each day that such violation continues shall constitute a separate offense. SEC. 7. SEVERABILITY. In the event that any one of the provisions in this Act shall, for any reason, be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provisions of this Act, and this Act shall be construed as if such invalid or unenforceable provisions had never been included in this Act. SEC. 8. EFFECTIVE DATES. (a) Prohibition of Research and Funding.--The prohibitions under subsections (a) and (c) of section (4) shall take effect not later than 3 years after the date of the enactment of this Act. (b) Other Requirements.--All other requirements and prohibitions in this Act shall take effect on the date of the enactment of this Act.

Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.

To prohibit the conducting of invasive research on great apes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Partnership Act of 2003''. SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11) is amended-- (1) by redesignating section 407E as section 406E; and (2) by adding at the end the following: ``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY ``SEC. 407A. PURPOSE. ``It is the purpose of this chapter to enhance-- ``(1) retention of students at community or technical colleges; ``(2) opportunities of students to transfer to 4-year institutions of higher education and complete baccalaureate degrees; and ``(3) preparation of students for high-quality and high- demand emerging and established occupations. ``SEC. 407B. ACTIVITIES. ``(a) Definitions.--In this chapter: ``(1) Community or technical college.--The term `community or technical college' means an institution of higher education-- ``(A) that admits as regular students, individuals who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; ``(B) that predominately does not provide an educational program for which it awards a baccalaureate degree (or an equivalent degree); ``(C) that-- ``(i) provides an educational program of not less than 2 years that is acceptable for full credit toward a baccalaureate degree; or ``(ii) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge; and ``(D) that is accredited by a regional accrediting agency or association recognized by the Secretary under section 496. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a statewide governance or coordinating board with jurisdiction over community or technical colleges and institutions of higher education that offer a baccalaureate or postbaccalaureate degree; ``(B) a partnership between a statewide governance or coordinating board with jurisdiction over community or technical colleges and a statewide governance or coordinating board with jurisdiction over institutions of higher education that offer a baccalaureate or postbaccalaureate degree; or ``(C) a partnership between-- ``(i) 1 or more community or technical colleges; and ``(ii) 1 or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the institutions described in clause (i) with which it is partnered. ``(b) Grants Authorized.--From the amounts appropriated under section 407C, the Secretary shall award not less than 6 and not more than 12 grants to eligible entities. ``(c) Applications.--Any eligible entity that desires to obtain a grant under this chapter shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``(d) Awarding of Grants.-- ``(1) Criteria.--The Secretary shall establish criteria for awarding grants under this chapter. ``(2) Priority.--In awarding grants under this chapter, the Secretary shall give priority to eligible entities that demonstrate the capacity to identify and address systemic problems related to college retention and the transfer of community or technical college students to institutions of higher education that offer a baccalaureate or postbaccalaureate degree. ``(e) Duration.--Grants under this chapter shall be for a period of 5 or 6 years in duration, which period of time shall include a planning and implementation phase. ``(f) Use of Funds.--Grants awarded under this chapter shall be used for-- ``(1) the development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; ``(2) support services to students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service that facilitates the transition of students from a community or technical college to an institution of higher education; ``(3) academic program enhancements at a community or technical college that result in increasing the quality of the program offered, the connection to high-quality and high-demand emerging and established occupations, and the number of student participants in a dual degree program offered in conjunction with an institution of higher education that offers a baccalaureate or postbaccalaureate degree; and ``(4) programs to identify barriers that inhibit student transfers. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this chapter. ``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $70,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges (CTCs) to transfer to four-year institutions of higher education (IHEs) and complete baccalaureate degrees. Directs the Secretary of Education to award not less than six and not more than 12 program grants to eligible entities. Makes eligible for such grants: (1) partnerships that include one or more CTCs that award associate's degrees and one or more IHEs that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges; or (2) a statewide governance or coordinating board that has jurisdiction over both CTCs and IHEs, or a partnership of such boards that have separate jurisdiction over such entities. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (4) programs to identify barriers that inhibit student transfers.

A bill to encourage partnerships between community colleges and 4-year institutions of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Adopting Families Act''. SEC. 2. CREDIT FOR ADOPTION EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000. ``(2) Income limitation.--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 but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's taxable income exceeds $60,000, bears to ``(B) $40,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(C) Reimbursement.--No credit shall be allowed under subsection (a) for any expense to the extent that such expense is reimbursed and the reimbursement is excluded from gross income under section 137. ``(c) Carryforwards of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal and finalized adoption of a child by the taxpayer and which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(e) Married Couples Must File Joint Returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.'' (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Adoption expenses.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 3. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excludable from gross income under subsection (a) for all taxable years with respect to the legal adoption of any single child by the taxpayer shall not exceed $5,000. ``(2) Income limitation.--The amount excludable from gross income 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 excludable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's taxable income (determined without regard to this section) exceeds $60,000, bears to ``(B) $40,000. ``(c) Adoption Assistance Program.--For purposes of this section, an adoption assistance program is a plan of an employer-- ``(1) under which the employer provides employees with adoption assistance, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), and (5) of section 127(b). An adoption reimbursement program operated under section 1052 of title 10, United States Code (relating to armed forces) or section 514 of title 14, United States Code (relating to members of the Coast Guard) shall be treated as an adoption assistance program for purposes of this section. ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' has the meaning given such term by section 23(d).''. (b) Clerical Amendment.--The table of sections for such part III is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Adoption assistance programs. ``Sec. 138. Cross reference to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Fairness for Adopting Families Act - Amends the Internal Revenue Code to allow a credit for adoption expenses. Excludes from gross income amounts paid or expenses incurred by the employer for adoption, if furnished pursuant to an adoption assistance program. Imposes both dollar and income limits on both the credit and the exclusion.

Fairness for Adopting Families Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Frills Prison Act''. SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS. (a) States.--Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating existing paragraph (2) as subparagraph (B); (3) by redesignating existing subparagraphs (A) through (D) as clauses (i) through (iv) respectively; (4) by redesignating existing clauses (i) and (ii) as subclauses (I) and (II); (5) by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(2) provides living conditions and opportunities to prisoners within its prisons that are not more luxurious than those conditions and opportunities the average prisoner would have experienced if such prisoner were not incarcerated, and does not provide to any such prisoner-- ``(A)(i) earned good time credits; ``(ii) less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims; ``(iii) unmonitored phone calls, except when between the prisoner and the prisoner's immediate family or legal counsel; ``(iv) in-cell television viewing; ``(v) the viewing of R, X, or NC-17 rated movies, through whatever medium presented; ``(vi) possession of any pornographic materials; ``(vii) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort; ``(viii) except for use during required work, the use or possession of any electric or electronic musical instrument, or practice on any musical instrument for more than one hour a day; ``(ix) use of personally owned computers or modems; ``(x) possession of in-cell coffee pots, hot plates, or heating elements; ``(xi) any living or work quarters into which the outside view is obstructed; ``(xii) food exceeding in quality or quantity that which is available to enlisted personnel in the United States Army; ``(xiii) dress or hygiene, grooming and appearance other than those allowed as uniform or standard in the prison; or ``(xiv) equipment or facilities at public expense for publishing or broadcasting content not previously approved by prison officials as consistent with prison order and prisoner discipline; and ``(B) in the case of a prisoner who is serving a sentence for a crime of violence which resulted in serious bodily injury to another-- ``(i) housing other than in separate cell blocks intended for violent prisoners and designed to emphasis punishment rather than rehabilitation; ``(ii) less than 9 hours a day of physical labor, with confinement to cell for any refusing to engage in that labor, but a prisoner not physically able to do physical labor may be assigned to alternate labor; ``(iii) any temporary furlough, leave, excursion, or other release from the prison for any purpose, unless the prisoner remains at all times under physical or mechanical restraints, such as handcuffs, and under the constant escort and immediate supervision of a least one armed correctional officer; ``(iv) any viewing of television; ``(v) any inter-prison travel for competitive sports, whether as a participant or spectator; ``(vi) more than one hour a day spent in sports or exercise; or''. ``(vii) possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size United States military issue duffel bag.''. (b) Federal.-- (1) Generally.--The Attorney General shall by rule establish conditions in the Federal prison system that, as nearly as may be, are the same as those conditions required in State prisons under section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 as amended by this section. (2) Conforming Amendment.--Section 3624 of title 18, United States Code, is amended by striking subsection (b).

No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint and under constant supervision of at least one armed correctional officer, or any viewing of television. Directs the Attorney General to establish conditions in the Federal prison system that are, as nearly as possible, the same as those required in State prisons under this Act.

No Frills Prison Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Children and Teachers Act'' or the ``Keep Our PACT Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Children are our Nation's future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) The No Child Left Behind Act of 2001 represents the most sweeping revision of education policy in a generation. (4) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109-149) funded the No Child Left Behind Act of 2001 at $23,510,000,000 ($13,360,000,000 below its 2006 authorized level), causing 3,100,000 students not to receive the Title I help they were promised. (5) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education. (6) The Individuals with Disabilities Education Improvement Act committed the Congress to providing 40 percent of the national current average per pupil expenditure for special education students. (7) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109-149) funded the Individuals with Disabilities Education Act Part B state grants at $10,700,000,000, representing only 18 percent of the national current average per pupil expenditures for special education students (8) A promise made must be a promise kept. SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001. (a) Funding.--There are appropriated, out of any money in the Treasury not otherwise appropriated-- (1) for fiscal year 2007, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2007 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $23,504,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (2) for fiscal year 2008, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2008 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $28,315,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (3) for fiscal year 2009, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2009 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $33,126,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (4) for fiscal year 2010, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2010 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $37,938,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (5) for fiscal year 2011, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2011 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $42,749,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (6) for fiscal year 2012, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2012 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $47,560,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (7) for fiscal year 2013, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2013 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $52,371,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; and (8) for fiscal year 2014, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2014 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $57,182,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher. (b) Use of Funds.--Funds appropriated under subsection (a)-- (1) shall be used to carry out the programs of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (2) shall be allocated among such programs in the same ratio as funds otherwise appropriated to carry out such programs. SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Mandatory Funding.--For the purpose of carrying out this part, other than section 619, there are appropriated, out of any money in the Treasury not otherwise appropriated-- ``(1) $10,568,000,000 for fiscal year 2007; ``(2) $12,068,000,000 for fiscal year 2008; ``(3) $13,782,000,000 for fiscal year 2009; ``(4) $15,738,000,000 for fiscal year 2010; ``(5) $17,973,000,000 for fiscal year 2011; ``(6) $20,525,000,000 for fiscal year 2012; ``(7) $23,439,000,000 for fiscal year 2013; ``(8) $26,766,000,000 for fiscal year 2014; ``(9) $30,567,000,000 for fiscal year 2015; and ``(10) for fiscal year 2016 and each subsequent fiscal year-- ``(A) the number of children with disabilities in the 2014-2015 school year in the States, outlying areas, and freely associated States who received special education and related services-- ``(i) aged 3 through 5 if the States, outlying areas, and freely associated States are eligible for a grant under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by ``(C) the rate of annual change in the sum of-- ``(i) 85 percent of such State's, outlying area's, and freely associated State's population described in subsection (d)(3)(A)(i)(II); and ``(ii) 15 percent of such State's, outlying area's, and freely associated State's population described in subsection (d)(3)(A)(i)(III).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2006. SEC. 5. OFFSET. The amounts appropriated by this Act and the amendments made by this Act shall be expended consistent with pay-as-you-go requirements.

Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Makes appropriations of: (1) the greater of specified amounts or the authorized amounts for programs under the Elementary and Secondary Education Act of 1965 for FY2007-FY2014; and (2) specified amounts for FY2007-FY2015 and an amount determined pursuant to a specified formula (based on the number of children who received special education, the average per-pupil expenditure, and the rate of change in a state's population) for FY2016 and thereafter for the Individuals with Disabilities Education Act. Requires such appropriated amounts to be expended consistent with pay-as-you-go requirements.

To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Compassion Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Haiti remains severely devastated by the combined effects of ongoing political turmoil and the aftermath of the natural disasters of 2004, such as Tropical Storm Jeanne and Hurricane Ivan. (2) In Haiti, more than 2,500 people died as a result of Tropical Storm Jeanne in 2004. (3) The civil protection agency of Haiti stated that 250,000 people were homeless across the country and at least 4,000 homes were destroyed, with thousands more damaged, as a result of the storm. (4) When Tropical Storm Jeanne hit, Haiti was already struggling to deal with political instability and the aftermath of serious floods that occurred in May 2004. (5) More than a year after the abrupt departure of former President Aristide, the political, security, and social- economic situation in Haiti remains in crisis, the transitional government is weak and fighting to maintain credibility, and there are no clear signs of either political reconciliation or economic reconstruction. (6) On Wednesday March 9, 2005, the United Nations Security Council pressed Haiti's government to crack down on human rights abuses and free political prisoners to help heal the country ahead of November elections. (7) Political oppression and human rights violations are rife in Haiti while many supporters of the opposition are unjustly held in prison or experiencing persecution. (8) On March 11, 2005, the Department of State issued a travel warning to United States citizens warning them of the ``absence of an effective police force in much of Haiti; the potential for looting; the presence of intermittent roadblocks set by armed gangs or by the police; and the possibility of random violent crime, including kidnapping, carjacking, and assault.'' (9) The Department of State's Consular Information Sheet states ``there are no `safe areas' in Haiti.'' As a result, ``United States citizens should avoid travel to Haiti at this time.'' (10) While current United States policy is to advise its own citizens not to travel to Haiti, it is unjust to return Haitian nationals to this type of dangerous situation. (11) To return a national back to Haiti, where there is ongoing violence and a devastating environmental situation, would pose a serious threat to the personal safety of such individual. (12) The political, civil, and governmental crisis and extraordinary and temporary conditions caused by nature and resulting in floods, epidemics, and other environmental disasters in Haiti should make Haitian nationals eligible for temporary protected status. (13) There is a history of discrimination and mistreatment of Haitians in the immigration process. (14) Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. (15) Granting temporary protected status to nationals of Haiti is consistent with the interest of the United States and promotes the values and morals that have made the United States strong. SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS TO HAITIANS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall be treated as if such country had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 18 months. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made under this section, and subject to subsection (c)(3) of such section, an alien who is a national of Haiti is deemed to meet the requirements of subsection (c)(1) of such section only if the alien-- (1) is admissible as an immigrant, except as otherwise provided under subsection (c)(2)(A) of such section, and is not ineligible for temporary protected status under subsection (c)(2)(B) of such section; and (2) registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to Travel Abroad.--The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).

Haitian Compassion Act - Requires the Secretary of Homeland Security to designate Haiti as a country whose qualifying nationals may be eligible for temporary protected status. Provides for: (1) an initial 18-month designation period; and (2) authorization for temporary travel abroad.

To designate Haiti under section 244 of the Immigration and Nationality Act in order to render nationals of Haiti eligible for temporary protected status under such section.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Ports of Entry Threat and Operational Review Act''. SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS. (a) In General.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a threat and operational analysis of ports of entry. (2) Contents.--The threat and operational analysis required under paragraph (1) shall include an assessment of the following: (A) Current and potential threats posed by individuals and organized groups seeking-- (i) to exploit security vulnerabilities at ports of entry; or (ii) to unlawfully enter the United States through such ports of entry. (B) Methods and pathways used to exploit security vulnerabilities at ports of entry. (C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States. (D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including-- (i) security vulnerabilities associated with prolonged wait times; (ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and (iii) infrastructure additions and upgrades. (E) Processes conducted at ports of entry that do not require law enforcement training and could be-- (i) filled with-- (I) non-law enforcement staff; or (II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270)); or (ii) automated. (3) Analysis requirements.--In compiling the threat and operational analysis required under paragraph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall consider and examine the following: (A) Personnel needs, including K-9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring. (B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry. (C) Infrastructure needs and estimated costs at each port of entry. (b) Ports of Entry Strategy and Implementation Plan.-- (1) In general.--Not later than 270 days after the submission of the threat and operational analysis required under subsection (a) and every 5 years thereafter for 10 years, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), shall provide to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a ports of entry strategy and implementation plan. (2) Contents.--The ports of entry strategy and implementation plan required under paragraph (1) shall include a consideration of the following: (A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis. (B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined. (C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined. (D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined. (E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security. (F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114- 125). (G) CBP staffing requirements for all ports of entry. (H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined. (I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined. (c) Ports of Entry Described.--In this section, the term ``ports of entry'' means United States air, land, and sea ports of entry. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States Ports of Entry Threat and Operational Review Act (Sec. 2) This bill directs U.S. Customs and Border Protection (CBP) to submit to the congressional homeland security and tax committees a threat and operational analysis of U.S. air, land, and sea ports of entry. Such analysis shall include an assessment of: current and potential threats posed by individuals and organized groups seeking to exploit security vulnerabilities at ports of entry or to unlawfully enter the United States through such ports of entry; methods and pathways used to exploit security vulnerabilities at ports of entry; improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across U.S. borders; improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry; and processes conducted at ports of entry that do not require law enforcement training and could be filled with non-law enforcement staff or by the private sector, or be automated. In compiling such analysis, CBP shall consider and examine: (1) personnel needs, including K-9 Units, and estimated costs, at each port of entry; (2) technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry; and (3) infrastructure needs and estimated costs at each port of entry. CBP shall, at specified intervals, provide to the committees a ports of entry strategy and implementation plan.

United States Ports of Entry Threat and Operational Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Century Water Commission Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the Nation's water resources will be under increasing stress and pressure in the coming decades; (2) a thorough assessment of technological and economic advances that can be employed to increase water supplies or otherwise meet water needs in every region of the country is important and long overdue; and (3) a comprehensive strategy to increase water availability and ensure safe, adequate, reliable, and sustainable water supplies is vital to the economic and environmental future of the Nation. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Twenty-First Century Water Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The duties of the Commission shall be to-- (1) use existing water assessments and conduct such additional assessments as may be necessary to project future water supply and demand; (2) study current water management programs of Federal, Interstate, State, and local agencies, and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts for a comprehensive water strategy which-- (A) respects the primary role of States in adjudicating, administering, and regulating water rights and water uses; (B) identifies incentives intended to ensure an adequate and dependable supply of water to meet the needs of the United States for the next 50 years; (C) suggests strategies that avoid increased mandates on State and local governments; (D) eliminates duplication and conflict among Federal governmental programs; (E) considers all available technologies and other methods to optimize water supply reliability, availability, and quality, while safeguarding the environment; (F) recommends means of capturing excess water and flood water for conservation and use in the event of a drought; (G) suggests financing options for comprehensive water management projects and for appropriate public works projects; (H) suggests strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure; and (I) includes other objectives related to the effective management of the water supply to ensure reliability, availability, and quality, which the Commission shall consider appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members who shall be appointed not later than 90 days after the date of enactment of this Act. Member shall be appointed as follows: (1) 5 members appointed by the President; (2) 2 members appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives; and (3) 2 members appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate. (b) Qualifications.--Members shall be appointed to the Commission from among individuals who-- (1) are of recognized standing and distinction in water policy issues; and (2) while serving on the Commission, do not hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. (c) Other Considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of regional and geographical perspectives in the United States. (d) Chairperson.--The Chairperson of the Commission shall be designated by the President. (e) Terms.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act and shall serve for the life of the Commission. (f) Vacancies.--A vacancy on the Commission shall not affect its operation, and shall be filled in the same manner as the original appointment provided under subsection (a). (g) Compensation and Travel Expenses.--Members of the Commission shall serve without compensation, except members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57, United States Code. SEC. 6. MEETINGS AND QUORUM. (a) Meetings.--The Commission shall hold its first meeting not later than 60 days after the date on which all members have been appointed under section 5, and shall hold additional meetings at the call of the Chairperson or a majority of its members. (b) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. SEC. 7. DIRECTOR AND STAFF. A Director shall be appointed by the Speaker of the House of Representatives and the Majority Leader of the Senate, in consultation with the Minority Leader and chairmen of the Resources and Transportation and Infrastructure Committees of the House of Representatives, and the Minority Leader and chairmen of the Energy and Natural Resources and Environment and Public Works Committees of the Senate. The Director and any staff reporting to the Director shall be paid a rate of pay not to exceed the maximum rate of basic pay for GS- 15 of the General Schedule. SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION. (a) Hearings.--The Commission shall hold no fewer than 10 hearings during the life of the Commission. Hearings may be held in conjunction with meetings of the Commission. The Commission may take such testimony and receive such evidence as the Commission considers appropriate to carry out this Act. At least 1 hearing shall be held in Washington, D.C., for the purpose of taking testimony of representatives of Federal agencies, national organizations, and Members of Congress. Other hearings shall be scheduled in distinct geographical regions of the United States and should seek to ensure testimony from individuals with a diversity of experiences, including those who work on water issues at all levels of government and in the private sector. (b) Information and Support From Federal Agencies.--Upon request of the Commission, any Federal agency shall-- (1) provide to the Commission, within 30 days of its request, such information as the Commission considers necessary to carry out the provisions of this Act; and (2) detail to temporary duty with the Commission on a reimbursable basis such personnel as the Commission considers necessary to carry out the provisions of this Act, in accordance with section 5(b)(5), Appendix, title 5, United States Code. SEC. 9. REPORTS. (a) Interim Reports.--Not later than 6 months after the date of the first meeting of the Commission, and every 6 months thereafter, the Commission shall transmit an interim report containing a detailed summary of its progress, including meetings and hearings conducted in the interim period, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. (b) Final Report.--As soon as practicable, but not later than 3 years after the date of the first meeting of the Commission, the Commission shall transmit a final report containing a detailed statement of the findings and conclusions of the Commission, and recommendations for legislation and other policies to implement such findings and conclusions, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. SEC. 10. TERMINATION. The Commission shall terminate not later than 30 days after the date on which the Commission transmits a final report under section 9(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $9,000,000 to carry out this Act. Passed the House of Representatives April 12, 2005. Attest: JEFF TRANDAHL, Clerk.

Twenty-First Century Water Commission Act of 2005 - Establishes the Twenty-First Century Water Commission to: (1) project future water supply and demand; (2) study current water management programs of federal, interstate, state, and local agencies and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations for a comprehensive water strategy. Requires that such strategy: (1) respect the primary role of states in adjudicating, administering, and regulating water rights and uses; (2) identify incentives intended to ensure an adequate and dependable water supply to meet U.S. needs for the next 50 years; (3) suggest strategies that avoid increased mandates on state and local governments; (4) eliminate duplication and conflict among federal programs; (5) consider all available technologies to optimize water supply reliability, availability, and quality, while safeguarding the environment; (6) recommend means of capturing excess water and flood water for conservation and use in the event of a drought; (7) suggest financing options for comprehensive water management projects and appropriate public works projects; and (8) suggest strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure. Sets forth requirements for semiannual interim reports and a final report within three years. Authorizes appropriations.

To establish the "Twenty-First Century Water Commission" to study and develop recommendations for a comprehensive water strategy to address future water needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Budgeting Act of 1993''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Statement of Finding.--The Congress finds that-- (1) the objective of enhancing long-term economic growth is not well served by a budget process focused on short-term results, (2) long-term economic growth depends not only upon a stable social, political, and economic environment and a higher level of national savings, but also upon a sound public infrastructure, an educated citizenry and workforce, an investment in research and the discovery of knowledge, and the harnessing of inventive genius into the workplace and marketplace, (3) the existing presentation of the Federal Budget obscures the distinctions between long-term capital investments, expenditures of a developmental character, and current operational spending, and (4) the public interest will be served by a Federal Budget presentation which presents information showing long-term effects of expenditures. (b) Purpose.--It is the purpose of this Act to require that the unified budget present-- (1) an operating budget, and (2) an investment budget divided into-- (A) federally-owned capital, and (B) developmental investments, for each of the 3 major components of the budget (general, trust, and enterprise funds) in order to ensure a continued focus on the Government's total financial operations, while providing better and more relevant information upon which to base both overall fiscal policy as well as program priorities within the Federal Budget. SEC. 3. CAPITAL AND OPERATING BUDGETS. (a) In General.--Title 31, United States Code, is amended by inserting after section 1105 the following new section: ``SEC. 1105A. CAPITAL AND OPERATING BUDGETS. ``(a)(1) The budget of the United States submitted by the President under section 1105 of this title shall be a unified budget composed of-- ``(A) an operating budget, and ``(B) an investment budget divided into federally-owned capital and developmental investments. ``(2) Operating and investment budgets shall be presented separately for unified funds, general funds, trust funds, and enterprise funds. ``(b)(1) Actual, estimated, and proposed amounts shall be presented for unified funds, general funds, trust funds, and enterprise funds, and, at a minimum, shall contain: ``(A) For the operating budget: ``(i) Operating revenues. ``(ii) Operating expenses. ``(iii) Operating surplus/deficit before interfund transfers. ``(iv) Interfund transfers. ``(v) Operating surplus/deficit. ``(vi) Federal expenditures financing the operating expenses of State and local governments. ``(B) For the investment budget: ``(i) For federally-owned capital: the office buildings, equipment, and other assets that are owned by the Government for use in its operations together with a showing how such assets will improve the efficiency and effectiveness with which government agencies carry out their missions. ``(ii) For developmental investments (including grants and loans to non-Federal entities for improving physical infrastructure, research and development, and investment in human capital through education and training): the amounts to be invested together with a projection of how such investments will improve the prospects for higher rates of economic growth on the future. ``(2) For both categories of investment budgets, the following information will be presented: ``(A) Investment funds together with investment revenues. ``(B) Financing requirements before interfund transfers. ``(C) Interfund transfers. ``(D) Projected effects upon economic growth. ``(3) The investment budget shall represent only the major activities, projects, and programs which support the acquisition, construction, alteration, and rehabilitation of such investment assets and the major programs and activities which support nonmilitary research and development, education, and job training. All other activities, projects, and programs shall be represented in the operating budget.''. (b) Clerical Amendment.--The table of sections for chapter 11 of title 31, United States Code, is amended by inserting after the item relating to section 1105 the following new item: ``1105A. Capital and operating budgets.''

Capital Budgeting Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and an investment budget (divided into federally-owned capital and developmental inestments), each presented separately for unified funds, general funds, trust funds, and enterprise funds.

Capital Budgeting Act of 1993

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) by striking ``shall'' the first place it appears; (B) in subparagraph (A)-- (i) in clause (i), by inserting ``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; (C) in subparagraph (B), by inserting ``and'' at the end; and (D) by adding at the end the following: ``(C) if a court determines the juvenile should be placed in a secure detention facility or 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 has been violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a 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 correctional facility, and includes a plan for the juvenile's release from such facility; and ``(V) may not be renewed or extended; and ``(ii) the court may not issue a second or 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 any juvenile held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody 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; ``(E) juvenile status offenders detained or confined in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph may only be detained in secure custody one time in any six-month period, provided that all conditions set forth in subparagraph (D) are satisfied; and ``(F) not later than one year after the date of enactment of this subparagraph, with a single one-year extension if the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders as described in subparagraph (A)(ii) to provide secure lockup of status offenders;''; and (2) by adding at the end the following: ``(g) Applications for Extension for Compliance.--States may apply for a single one-year extension to comply with subsection (a)(11). To apply, a State must submit an application to the Administrator describing-- ``(1) the State's measurable progress and good faith effort to reduce the number of status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph; and ``(2) the State's plan to come into compliance not later than 1 year after the date of extension.''.

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 and a three-day maximum length of detention.

Prohibiting Detention of Youth Status Offenders Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) school transportation issues have concerned parents, local educational agencies, lawmakers, the National Highway Traffic Safety Administration, the National Transportation Safety Board, and the Environmental Protection Agency for years; (2) millions of children face potential future health problems because of exposure to noxious fumes emitted from older school buses; (3) the Environmental Protection Agency established the Clean School Bus USA program to replace 129,000 of the oldest diesel buses that cannot be retrofitted in an effort to help children and the environment by improving air quality; (4) unfortunately, many rural local educational agencies are unable to participate in that program because of the specialized fuels needed to sustain a clean bus fleet; (5) many rural local educational agencies are operating outdated, unsafe school buses that are failing inspection because of automotive flaws, resulting in a depletion of school bus fleets of the local educational agencies; and (6) many rural local educational agencies are unable to afford to buy newer, safer buses. (b) Purpose.--The purpose of this Act is to establish within the Environmental Protection Agency a Federal cost-sharing program to assist rural local educational agencies with older, unsafe school bus fleets in purchasing newer, safer school buses. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Rural local educational agency.--The term ``rural local educational agency'' means a local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), with respect to which-- (A) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; (B) all schools served by the local educational agency are designated with a school locale code of 7 or 8, as determined by the Secretary of Education; or (C) all schools served by the local educational agency have been designated, by official action taken by the legislature of the State in which the local educational agency is located, as rural schools for purposes relating to the provision of educational services to students in the State. (3) School bus.--The term ``school bus'' means a vehicle the primary purpose of which is to transport students to and from school or school activities. SEC. 4. GRANT PROGRAM. (a) In General.--From amounts made available under subsection (e) for a fiscal year, the Administrator shall provide grants, on a competitive basis, to rural local educational agencies to pay the Federal share of the cost of purchasing new school buses. (b) Application.-- (1) In general.--Each rural local educational agency that seeks to receive a grant under this Act shall submit to the Administrator for approval an application at such time, in such manner, and accompanied by such information (in addition to information required under paragraph (2)) as the Administrator may require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) documentation that, of the total number of school buses operated by the rural local educational agency, not less than 50 percent of the school buses are in need of repair or replacement; (B) documentation of the number of miles that each school bus operated by the rural local educational agency traveled in the most recent 9-month academic year; (C) documentation that the rural local educational agency is operating with a reduced fleet of school buses; (D) a resolution from the rural local educational agency that-- (i) authorizes the application of the rural local educational agency for a grant under this Act; and (ii) describes the dedication of the rural local educational agency to school bus replacement programs and school transportation needs (including the number of new school buses needed by the rural local educational agency); and (E) an assurance that the rural local educational agency will pay the non-Federal share of the cost of the purchase of new school buses under this Act from non-Federal sources. (c) Priority.-- (1) In general.--In providing grants under this Act, the Administrator shall give priority to rural local educational agencies that, as determined by the Administrator-- (A) are transporting students in a bus manufactured before 1977; (B) have a grossly depleted fleet of school buses; or (C) serve a school that is required, under section 1116(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)), to provide transportation to students to enable the students to transfer to another public school served by the rural local educational agency. (d) Payments; Federal Share.-- (1) Payments.--The Administrator shall pay to each rural local educational agency having an application approved under this section the Federal share described in paragraph (2) of the cost of purchasing such number of new school buses as is specified in the approved application. (2) Federal share.--The Federal share of the cost of purchasing a new school bus under this Act shall be 75 percent. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $50,000,000 for fiscal year 2005; and (2) such sums as are necessary for each of fiscal years 2006 through 2010.

Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2004 - Directs the Administrator of the Environmental Protection Agency (EPA) to provide grants, on a competitive basis, to rural local educational agencies (LEAs) to pay the Federal share (75 percent) of costs of purchasing new school buses. Requires the Administrator in providing such grants to give priority to rural LEAs that: (1) are transporting students in a bus manufactured before 1977; (2) have a grossly depleted fleet of school buses; or (3) serve a school that is required by law to provide transportation to students to enable them to transfer to another public school served by the rural LEA.

A bill to provide grants for use by rural local educational agencies in purchasing new school buses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Cybersecurity Workforce Assessment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Homeland Security of the House of Representatives; and (C) the Committee on House Administration of the House of Representatives. (2) Cybersecurity work category; data element code; specialty area.--The terms ``Cybersecurity Work Category'', ``Data Element Code'', and ``Specialty Area'' have the meanings given such terms in the Office of Personnel Management's Guide to Data Standards. (3) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE. (a) In General.--The head of each Federal agency shall-- (1) identify all cybersecurity workforce positions within the agency; (2) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (3) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management's Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report, in accordance with subsection (b). (b) Employment Codes.-- (1) Procedures.--Not later than 90 days after the date of the enactment of this Act, the head of each Federal agency shall establish procedures-- (A) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (B) to assign the appropriate employment code to each such position, using agreed standards and definitions. (2) Code assignments.--Not later than 9 months after the date of the enactment of this Act, the head of each Federal agency shall assign the appropriate employment code to-- (A) each employee within the agency who carries out cybersecurity functions; and (B) each open position within the agency that has been identified as having cybersecurity functions. (c) Progress Report.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. SEC. 4. IDENTIFICATION OF CYBERSECURITY WORK CATEGORY AND SPECIALTY AREAS OF CRITICAL NEED. (a) In General.--Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to section 3(b)(2), and annually through 2021, the head of each Federal agency, in consultation with the Director and the Secretary, shall-- (1) identify Cybersecurity Work Categories and Specialty Areas of critical need in the agency's cybersecurity workforce; and (2) submit a report to the Director that-- (A) describes the Cybersecurity Work Categories and Specialty Areas identified under paragraph (1); and (B) substantiates the critical need designations. (b) Guidance.--The Director shall provide Federal agencies with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including-- (1) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (2) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (c) Cybersecurity Critical Needs Report.--Not later than 18 months after the date of the enactment of this Act, the Director, in consultation with the Secretary, shall-- (1) identify Specialty Areas of critical need for cybersecurity workforce across all Federal agencies; and (2) submit a progress report on the implementation of this section to the appropriate congressional committees. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS. The Comptroller General of the United States shall-- (1) analyze and monitor the implementation of sections 3 and 4; and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.

Federal Cybersecurity Workforce Assessment Act - Requires the head of each federal agency to identify cybersecurity workforce positions within the agency, determine the primary Cybersecurity Work Category and Specialty Area (CWCSA) of such positions, and assign the corresponding Data Element Code. Directs each agency head to establish procedures to: (1) identify open positions that include cybersecurity functions, and (2) assign the appropriate employment code to each such position and to each agency employee who carries out cybersecurity functions. Directs each agency head, beginning not later than one year after such employment codes are assigned and annually through 2021, to submit a report to the Director of the Office of Personnel Management (OPM) that identifies the CWCSAs of critical need in the agency's cybersecurity workforce and substantiates the critical need designations. Requires the Director to: (1) provide agencies with timely guidance for identifying CWCSAs of critical need, including current categories and areas with acute skill shortages and with emerging skill shortages; and (2) identify Specialty Areas of critical need for the cybersecurity workforce across all federal agencies. Directs the Comptroller General (GAO) to analyze, monitor, and report on this Act's implementation.

Federal Cybersecurity Workforce Assessment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Egyptian Counterterrorism and Political Reform Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Middle East Media Research Institute, two weeks before the September 11, 2001, attacks, the Egyptian Government daily newspaper Al-Akhbar published a column that stated: ``The Statue of Liberty, in New York Harbor, must be destroyed because of following the idiotic American policy that goes from disgrace to disgrace in the swamp of bias and blind fanaticism.''. (2) Since forging a ``cold peace'' with Israel in 1978, the Government of Egypt has placed severe trade restrictions on Israeli goods and Egyptian Government officials have allowed anti-Semitic articles and cartoons to flood the semi-official Egyptian press. (3) In violation of the 1979 peace agreement between Egypt and Israel, Egypt continues to promote a boycott of Israeli products. (4) The Israeli Defense Forces have repeatedly found arms smuggling tunnels between Egypt and the Gaza Strip. More than 40 tunnels were discovered in 2003. Some of these tunnels originate in Egyptian army and police outposts. (5) Despite facing no major regional external threat, Egypt has used military assistance from the United States to purchase combat aircraft, advanced missile systems, tanks, and naval vessels that undermine Israel's security. (6) The Coptic Christian minority of between 6 and 10 million in Egypt is victimized regularly, and remains without protection. The Government of Egypt has never taken responsibility for the arrest and torture of more than 1,200 Copts in late 1998 in the wake of sectarian violence. (7) Egypt regularly tortures its citizens. According to the Egyptian Organization for Human Rights approximately 13,000 to 16,000 people are detained without charge on suspicion of security or political offenses in Egypt each year. Amnesty International published a report in 2003 stating that ``everyone taken into detention in Egypt is at risk of torture''. SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE FOR EGYPT. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal year 2006 and subsequent fiscal years, United States military assistance may not be provided for Egypt. (b) Waiver.--The President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the amount of United States military assistance that would have been provided for Egypt for a fiscal year but for the application of section 3(a) should be provided for Egypt for such fiscal year in the form of economic support fund assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 and further that such assistance should be in addition to economic support fund assistance already proposed to be provided for Egypt for such fiscal year; (2) funds for economic support fund assistance for Egypt should not be used by the armed forces of Egypt; (3) 30 days prior to the initial obligation of funds for economic support fund assistance for Egypt for a fiscal year, the President should certify to Congress that procedures have been established to ensure that the Comptroller General will have access to appropriate United States financial information in order to review the uses of such funds; and (4) the agreement among the United States, Egypt, and Israel to decrease the overall amount of United States foreign assistance for both countries should continue. SEC. 5. DEFINITION. In this Act, the term ``United States military assistance'' means-- (1) assistance for nonproliferation, anti-terrorism, demining and related programs and activities, including assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to anti-terrorism assistance) and assistance under chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities; (2) assistance under section 541 of the Foreign Assistance Act of 1961 (relating to international military education and training); and (3) assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Finance'' program).

Egyptian Counterterrorism and Political Reform Act - Prohibits military assistance to Egypt beginning in FY 2006 unless the President determines and certifies to Congress that it is in the national security interests to provide assistance for a given fiscal year. Expresses the sense of Congress that: (1) funds that would have been provided for military assistance should be given in the form of economic support fund assistance and not used by the armed forces of Egypt; (2) the President should certify the establishment of procedures to ensure access by the Comptroller General to appropriate financial information in order to review the use of these funds; and (3) the agreement among the United States, Egypt, and Israel to decrease the overall amount of U.S. foreign assistance for both countries should continue.

To prohibit United States military assistance for Egypt and to express the sense of Congress that the amount of military assistance that would have been provided for Egypt for a fiscal year should be provided in the form of economic support fund assistance.

SECTION 1. DEFINITIONS. As used in this Act-- (1) ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation; (2) ``Reclamation'' means the Bureau of Reclamation, United States Department of the Interior; (3) ``Fish passage and screening facilities'' means ladders, collection devices, and all other kinds of facilities which enable fish to pass through, over, or around water diversion structures; facilities and other constructed works which modify, consolidate, or replace water diversion structures in order to achieve fish passage; screens and other devices which reduce or prevent entrainment and impingement of fish in a water diversion, delivery, or distribution system; and any other facilities, projects, or constructed works or strategies which are designed to provide for or improve fish passage while maintaining water deliveries and to reduce or prevent entrainment and impingement of fish in a water storage, diversion, delivery, or distribution system of a water project; (4) ``Federal reclamation project'' means a water resources development project constructed, operated, and maintained pursuant to the Reclamation Act of 1902 (32 Stat. 388), and acts amendatory thereof and supplementary thereto; (5) ``Non-Federal party'' means any non-Federal party, including federally recognized Indian tribes, non-Federal governmental and quasi-governmental entities, private entities (both profit and non-profit organizations), and private individuals; (6) ``Snake River Basin'' means the entire drainage area of the Snake River, including all tributaries, from the headwaters to the confluence of the Snake River with the Columbia River; (7) ``Columbia River Basin'' means the entire drainage area of the Columbia River located in the United States, including all tributaries, from the headwaters to the Columbia River estuary; and (8) ``Habitat improvements'' means work to improve habitat for aquatic plants and animals within a currently existing stream channel below the ordinary high water mark, including stream reconfiguration to rehabilitate and protect the natural function of streambeds, and riverine wetland construction and protection. SEC. 2. AUTHORIZATION. (a) In General.--Subject to the requirements of this Act, the Secretary is authorized to plan, design, and construct, or provide financial assistance to non-Federal parties to plan, design, and construct, fish passage and screening facilities or habitat improvements at any non-Federal water diversion or storage project located anywhere in the Columbia River Basin when the Secretary determines that such facilities would enable Reclamation to meet its obligations under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) regarding the construction and continued operation and maintenance of all Federal reclamation projects located in the Columbia River Basin, excluding the Federal reclamation projects located in the Snake River Basin. (b) Prohibition of Acquisition of Land for Habitat Improvements.-- Notwithstanding subsection (a), nothing in this Act authorizes the acquisition of land for habitat improvements. SEC. 3. LIMITATIONS. (a) Written Agreement.--The Secretary may undertake the construction of, or provide financial assistance covering the cost to the non-Federal parties to construct, fish passage and screening facilities at non-Federal water diversion and storage projects or habitat improvements located anywhere in the Columbia River Basin only after entering into a voluntary, written agreement with the non-Federal party or parties who own, operate, or maintain the project, or any associated lands involved. (b) Federal Share.--The Federal share of the total costs of constructing the fish passage and screening facility or habitat improvements shall be not more than 75 percent. (c) Non-Federal Share.-- (1) Except as provided in paragraph (4), a written agreement entered into under subsection (a) shall provide that the non-Federal party agrees to pay the non-Federal share of the total costs of constructing the fish passage and screening facility or habitat improvements. (2) The non-Federal share may be provided in the form of cash or in-kind services. (3) The Secretary shall-- (A) require the non-Federal party to provide appropriate documentation of any in-kind services provided; and (B) determine the value of the in-kind services. (4) The requirements of this subsection shall not apply to Indian tribes. (d) Grant and Cooperative Agreements.--Any financial assistance made available pursuant to this Act shall be provided through grant agreements or cooperative agreements entered into pursuant to and in compliance with chapter 63 of title 31, United States Code. (e) Terms and Conditions.--The Secretary may require such terms and conditions as will ensure performance by the non-Federal party, protect the Federal investment in fish passage and screening facilities or habitat improvements, define the obligations of the Secretary and the non-Federal party, and ensure compliance with this Act and all other applicable Federal, State, and local laws. (f) Rights and Duties of Non-Federal Parties.--All right and title to, and interest in, any fish passage and screening facilities constructed or funded pursuant to the authority of this Act shall be held by the non-Federal party or parties who own, operate, and maintain the non-Federal water diversion and storage project, and any associated lands, involved. The operation, maintenance, and replacement of such facilities shall be the sole responsibility of such party or parties and shall not be a project cost assignable to any Federal reclamation project. SEC. 4. OTHER REQUIREMENTS. (a) Permits.--The Secretary may assist a non-Federal party who owns, operates, or maintains a non-Federal water diversion or storage project, and any associated lands, to obtain and comply with any required State, local, or tribal permits. (b) Federal Law.--In carrying out this Act, the Secretary shall be subject to all Federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. (c) State Water Law.-- (1) In carrying out this Act, the Secretary shall comply with any applicable State water laws. (2) Nothing in this Act affects any water or water-related right of a State, an Indian tribe, or any other entity or person. (d) Required Coordination.--The Secretary shall coordinate with the Northwest Power and Conservation Council; appropriate agencies of the States of Idaho, Oregon, and Washington; and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act. SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW. (a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto, shall not apply to the non-Federal water projects at which the fish passage and screening facilities authorized by this Act are located, nor to the lands which such projects irrigate. (b) Nonreimbursable and Nonreturnable Expenditures.-- Notwithstanding any provision of law to the contrary, the expenditures made by the Secretary pursuant to this Act shall not be a project cost assignable to any Federal reclamation project (either as a construction cost or as an operation and maintenance cost) and shall be non- reimbursable and non-returnable to the United States Treasury. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as are necessary for the purposes of this Act. Passed the Senate July 26, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, directly or through financial assistance to non-federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable the Bureau to meet its obligations for the construction, operation, and maintenance of federal reclamation projects in the Columbia River Basin, excluding the projects located in the Snake River Basin. Limits the federal share to 75% of project costs. Authorizes the Secretary to assist a non-federal party who owns, operates, or maintains a non-federal water diversion or storage project and associated lands to obtain and comply with any required state, local, or tribal permits. Makes the Secretary subject to all federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. Directs the Secretary to: (1) comply with any applicable state water laws; and (2) coordinate with the Northwest Power and Conservation Council, appropriate agencies of the states of Idaho, Oregon, and Washington, and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act. Makes the Reclamation Act of 1902 and other federal reclamation laws inapplicable to the non-federal water projects at which the fish passage and screening facilities authorized by this Act are located and the lands such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any federal reclamation project and shall be non-reimbursable and non-returnable to the Treasury.

A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-Federal water projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Wray Memorial Act of 2001''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3) The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five- month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act.

George Wray Memorial Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.

To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fair Prepayment Act''. SEC. 2. APPLICATION OF PREPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS. Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph: ``(6) Application of prepayment amounts.-- ``(A) Requirement.--Notwithstanding any other provision of this subsection or any other provision of law, with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Eligible borrower.-- ``(i) In general.--For purposes of this paragraph, the term `eligible borrower' means a borrower with no outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower who is not an eligible borrower to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B held by such holder. ``(C) Exceptions.--This paragraph shall not apply to an income-based repayment plan under section 493C or an income contingent repayment plan under section 455(d)(1)(D), such as a Pay As You Earn repayment plan.''. SEC. 3. APPLICATION OF PREPAYMENT AMOUNTS FOR PERKINS LOANS. Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by adding at the end the following: ``(iii) shall provide that the institution shall, in the case of a borrower with no outstanding balance of fees (including collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest applicable rate of interest among such loans, unless otherwise requested by the borrower in writing; and ``(iv) shall provide that the institution shall, in the case of a borrower with an outstanding balance of fees (such as collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, first apply such excess toward such outstanding balance of fees;''. SEC. 4. APPLICATION OF PREPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Application of prepayment amounts.-- ``(A) In general.--Notwithstanding any other provision of law, with respect to a borrower with more than one private education loan which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Exception.-- ``(i) In general.--Subparagraph (A) shall not apply to any prepayment amount made by a borrower to a holder if the borrower has an outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower described in subparagraph (B) to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder.''.

Student Loan Fair Prepayment Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require that when the holder of a borrower's loans under the Federal Family Education Loan (FFEL) or William D. Ford Federal Direct Loan (DL) programs receives a prepayment for such loans, it is to be applied first toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate. Makes that requirement inapplicable to income-based or income contingent repayment plans for FFELs or DLs. Requires an institution of higher education holding a borrower's loans under the Federal Perkins Loan program to first apply any excess payments by the borrower toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate. Amends the Truth in Lending Act to require a private education loan holder that holds more than one private education loan for a borrower to apply any prepayments on those loans first toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate.

Student Loan Fair Prepayment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Passenger Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The annual losses in the United States from motor vehicle collisions are estimated to exceed 800 deaths and 80,000 injuries to children under the age of 5. (2) It is estimated that properly used child restraints in motor vehicles can reduce the chance of serious or fatal injury in a motor vehicle collision-- (A) by a factor of 69 percent with respect to infants; and (B) by a factor of 47 percent with respect to children under the age of 5. (3) Some of the most common seating position designs that have emerged in motor vehicles during the last decade make secure installation of child restraints difficult and, in some circumstances, impossible. (4) Results from regional child restraint clinics demonstrated that 70 to 90 percent of child restraints are improperly installed or otherwise misused and the improper installation or other misuse is largely attributable to the complication and wide variations in seat belt and child restraint designs. (5) There is an immediate need to expand the availability of national, State, and local child restraint education programs and supporting resources and materials to assist agencies and associated organizations in carrying out effective public education concerning child restraints. SEC. 3. DEFINITIONS. In this Act: (1) Child restraint education program.--The term ``child restraint education program'' includes a publication, audiovisual presentation, demonstration, or computerized child restraint education program. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 4. CHILD PASSENGER EDUCATION. (a) Awards.--The Secretary may enter into contracts or cooperative agreements with, and may make grants to, State highway agencies and child passenger safety organizations that are recognized for their experience to obtain and distribute national, State, and local child restraint education programs and supporting educational materials. (b) Use of Funds.--Funds provided to an agency or organization under a contract, cooperative agreement, or grant under subsection (a) shall be used to implement child restraint programs that-- (1) are designed to prevent deaths and injuries to children under the age of 5; and (2) educate the public concerning-- (A) all aspects of the proper installation of child restraints using standard seatbelt hardware, supplemental hardware and modification devices (if needed), including special installation techniques; and (B) appropriate child restraint design selection and placement and in harness threading and harness adjustment; and (3) train and retrain child passenger safety professionals, police officers, fire and emergency medical personnel, and other educators concerning all aspects of child restraint use. (c) Distribution of Funds.--An agency or organization that receives funds made available to the agency or organization under a contract, cooperative agreement, or grant under subsection (a) shall, in carrying out subsection (b)-- (1) use not more than 25 percent of those funds to support nationwide child restraint education programs that are in operation at the time that the funds are made available; (2) use not more than 25 percent of those funds to support State child restraint education programs that are in operation at the time that the funds are made available; and (3) use at least 50 percent of those funds to implement national, State, and local child restraint education programs that are not in operation at the time that the funds are made available. SEC. 5. APPLICATIONS AND REPORTS. (a) Applications.--To enter into a contract, cooperative agreement, or grant agreement under section 4(a), the appropriate official of an agency or organization described in that section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Reports.-- (1) In general.--The appropriate official of each agency or organization that enters into a contract, cooperative agreement, or grant agreement under section 4(a) shall prepare and submit to the Secretary, an annual report for the period covered by the contract, cooperative agreement, or grant agreement. (2) Reports.--A report described in paragraph (1) shall-- (A) contain such information as the Secretary may require; and (B) at a minimum, describe the program activities undertaken with the funds made available under the contract, cooperative agreement, or grant agreement, including-- (i) any child restraint education program that has been developed directly or indirectly by the agency or organization and the target population of that program; (ii) support materials for such a program that have been obtained by that agency or organization and the method by which the agency or organization distributed those materials; and (iii) any initiatives undertaken by the agency or organization to develop public- private partnerships to secure non-Federal support for the development and distribution of child restraint education programs and materials. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare, and submit to Congress, a report on the implementation of this Act that includes a description of the programs undertaken and materials developed and distributed by the agencies and organizations that receive funds under section 4(a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out section 4, there are authorized to be appropriated to the Department of Transportation $7,500,000 for each of fiscal years 1998 and 1999, of which not more than $350,000 may be spent in any fiscal year for administrative costs.

Child Passenger Protection Act - Authorizes the Secretary of Transportation to enter into contracts with, and make grants to, State highway offices and experienced child passenger safety organizations to distribute national, State, and local motor vehicle child restraint education programs and supporting educational materials. Authorizes appropriations.

Child Passenger Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Visa Security Improvement Act''. SEC. 2. ENHANCED STUDENT VISA BACKGROUND CHECKS. (a) In General.--Section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by adding at the end the following: ``(9) Student visas.--In administering the program under this subsection, the Secretary, not later than 180 days after the date of the enactment of the Student Visa Security Improvement Act-- ``(A) shall prescribe regulations to require employees assigned under paragraph (1) to conduct in- person interviews of all applicants recommended by Department of State personnel for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) prior to final adjudication, with special emphasis on determining whether applicants are inadmissible under section 212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)) (relating to terrorist activities); ``(B) shall ensure that employees assigned under paragraph (1) conduct on-site reviews of applications and supporting documentation for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) that they deem appropriate prior to final adjudication; and ``(C) shall update, in consultation with the Secretary of State, the memorandum of understanding between the Department of Homeland Security and the Department of State regarding implementation of this section to clarify the roles and responsibilities of employees assigned under paragraph (1) specifically with regard to the duties prescribed by this paragraph.''. SEC. 3. STUDENT AND EXCHANGE VISITOR PROGRAM. (a) In General.--Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended-- (1) in subsection (a)-- (A) by redesignating paragraph (5) as paragraph (10); and (B) by inserting after paragraph (4) the following: ``(5) Student and exchange visitor program.--In administering the program under paragraph (4), the Secretary shall, not later than one year after the date of the enactment of the Student Visa Security Improvement Act-- ``(A) prescribe regulations to require an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor enrolled at the institution or attending the exchange visitor program-- ``(i) is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States; ``(ii) is not unobserved for any period-- ``(I) exceeding 30 days during any academic term or program in which the covered student or exchange visitor is enrolled; or ``(II) exceeding 60 days during any period not described in subclause (I); and ``(iii) is reported to the Department if within 10 days-- ``(I) transferring to another institution or program; ``(II) changing academic majors; or ``(III) any other changes to information required to be maintained in the system described in paragraph (4); and ``(B) notwithstanding subparagraph (A), require each covered student or exchange visitor to be observed at least once every 60 days. ``(6) Enhanced access.--The Secretary shall provide access to the Student and Exchange Visitor Information System (hereinafter in this subsection referred to as the `SEVIS'), or other equivalent or successor program or system, to appropriate employees of an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program if-- ``(A) at least two authorized users are identified at each participating institution or exchange visitor sponsor; ``(B) at least one additional authorized user is identified at each such institution or sponsor for every 200 covered students or exchange visitors enrolled at the institution or sponsor; and ``(C) each authorized user is certified by the Secretary as having completed an appropriate training course provided by the Department for the program or system. ``(7) Program support.--The Secretary shall provide appropriate technical support options to facilitate use of the program or system described in paragraph (4) by authorized users. ``(8) Upgrades to sevis or equivalent data.--The Secretary shall update the program or system described in paragraph (4) to incorporate new data fields that include-- ``(A) verification that a covered student's performance meets the minimum academic standards of the institution in which such student is enrolled; and ``(B) timely entry of any information required by paragraph (5) regarding covered students and exchange visitors enrolled at institutions or exchange program sponsors. ``(9) Savings clause.--Nothing in this section shall prohibit the Secretary or any institution or exchange program sponsor participating in the Student Exchange Visitor Program from requiring more frequent observations of covered students or exchange visitors.''; and (2) by adding at the end the following: ``(d) Definitions.--For purposes of this section: ``(1) The term `covered student' means a student who is a nonimmigrant pursuant to subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). ``(2) The term `observed' means positively identified by physical or electronic means. ``(3) The term `authorized user' means an individual nominated by an institution participating in the Student and Exchange Visitor Program and confirmed by the Secretary as not appearing on any terrorist watch list.''. (b) Comptroller General Review.--The Comptroller General shall conduct a review of the fees for the Student and Exchange Visitor Program of the Department of Homeland Security. The Comptroller General shall include in such review data from fiscal years 2007 through 2010 and shall consider fees collected by the Department and all expenses associated with the review, issuance, maintenance, data collection, and enforcement functions of the Student and Exchange Visitor Program. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out sections 2 and 3 of this Act, and the amendments made by such sections, for fiscal year 2011.

Student Visa Security Improvement Act - Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to: (1) require DHS employees to conduct in-person interviews and conduct on-site reviews of applications and supporting documentation with respect to student and exchange program visa applicants prior to final visa adjudication, with emphasis on determining whether an applicant is inadmissible for terrorist-related activities; (2) require an institution or exchange visitor program participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor is an active program participant, is observed, and is reported to DHS if he or she transfers institutions or academic majors; (3) provide Student and Exchange Visitor Information System (SEVIS) access to appropriate employees of a SEVIS program sponsor under specified circumstances; and (4) require a SEVIS upgrade to add data fields that include verification that students are meeting minimum academic standards.

To require the Secretary of Homeland Security to strengthen student visa background checks and improve the monitoring of foreign students in the United States, and for other purposes.

SECTION 1. PROGRAM EXPANSION. The 21st Century Community Learning Centers Act (20 U.S.C. 8241 et seq.) is amended to read as follows: ``PART I--21ST CENTURY COMMUNITY LEARNING CENTERS ``SEC. 10901. SHORT TITLE. ``This part may be cited as the `21st Century Community Learning Centers Act'. ``SEC. 10902. FINDINGS. ``Congress finds the following: ``(1) Each day during the school year, millions of children return to unsupervised homes after school. Each week, between 5,000,000 and 15,000,000 children return from school to empty homes. ``(2) Child care experts believe that there is a direct correlation between the degree of after-school supervision and grade completion. Students who have little or no after-school supervision are more apt to receive poor grades or to drop out of school than students who are engaged in supervised, constructive activities. ``(3) A recent study found that twice as many parents want supervised after-school programs for their children than are currently available. ``(4) Statistically, most juvenile crime takes place between the hours of 2:00 p.m. and 8:00 p.m. and our children are most at risk of being victims of crime during the hours after school. Quality after-school programs help to protect our children while affording them enhanced opportunities to succeed academically. ``(5) Twenty-first century community learning centers serve as a marvelous local resource for our communities to develop the best strategies to integrate after-school programs into the whole education of their youth. Strategies developed locally best fit the unique needs of each community and those of its school-aged citizens. ``SEC. 10903. PROGRAM AUTHORIZATION. ``(a) Grants by the Secretary.--The Secretary is authorized, in accordance with the provisions of this part, to award grants to rural and inner-city schools and organizations, or consortia of such schools or organizations, to enable such schools or organizations to plan, implement, or to expand after-school projects that benefit the educational, health, social service, cultural, and recreational needs of a rural or inner-city youth. ``(b) Equitable Distribution.--In awarding grants under this part, the Secretary shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. ``(c) Grant Period.--The Secretary shall award grants under this part for a period not to exceed 3 years. ``(d) Amount.--The Secretary shall not award a grant under this part in any fiscal year in an amount less than $40,000. ``SEC. 10904. APPLICATION REQUIRED. ``(a) Application.--To be eligible to receive a grant under this part, a school or organization, or consortia of such schools or organizations, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably prescribe. Each such application shall include-- ``(1) a comprehensive local plan that enables the school or organization, or consortia of such schools or organizations, to serve as a center for the delivery of education and human resources for youth through after-school programs; ``(2) an evaluation of the needs, available resources, and goals and objectives for the proposed project in order to determine which activities will be undertaken to address such needs; and ``(3) a description of the proposed project, including-- ``(A) a description of the mechanism that will be used to disseminate information in a manner that is understandable and accessible to the community; ``(B) identification of Federal, State, and local programs to be merged or coordinated so that public resources may be maximized; ``(C) a description of the collaborative efforts to be undertaken by community-based organizations, related public agencies, businesses, or other appropriate organizations; ``(D) a description of how the school, organization, or consortia of such schools or organizations, will serve as a delivery center for existing and new after-school services; and ``(E) an assurance that the school, organization, or consortia of such schools or organizations, will establish a facility utilization policy that specifically states-- ``(i) the rules and regulations applicable to building and equipment use; and ``(ii) supervision guidelines. ``(b) Priority.--The Secretary shall give priority to applications describing projects that offer a broad selection of services which address the needs of youth in after-school programs. ``SEC. 10905. USES OF FUNDS. ``Grants awarded under this part may be used to plan, implement, or expand community learning centers. ``SEC. 10906. DEFINITIONS. ``For the purpose of this part-- ``(1) the term ``community learning center'' means an entity that provides educational, recreational, health, and social service programs for youth within a local community; ``(2) the term ``organization'' means a youth development group, local charity, religious organization, community-based organization, or faith-based organization; ``(3) the term ``school'' means a public elementary or secondary school. ``(4) the term ``after-school program'' means a child care program to assist working parents when school is not in session, including before- and after-school, weekends, holidays, and vacations. ``SEC. 10907. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $1,000,000,000 for fiscal year 2001, and such sums as may be necessary for each succeeding fiscal year thereafter, to carry out this part.''.

Retains the provision that authorizes such grants be used to plan, implement, or expand community learning centers, but eliminates the requirement that such centers include four or more of specified activities. Extends the authorization of appropriations for such grants program.

21st Century Community Learning Centers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Agricultural Business Security Tax Credit Act of 2004''. SEC. 2. AGRICULTURAL CHEMICALS SECURITY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. AGRICULTURAL CHEMICALS SECURITY CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemical or any food-use pesticide from unauthorized access. ``(b) Facility Limitation.--The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed-- ``(1) $50,000, reduced by ``(2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. ``(c) Annual Limitation.--The amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. ``(d) Eligible Agricultural Business.--For purposes of this section, the term `eligible agricultural business' means any person in the trade or business of-- ``(1) being a retailer of agricultural products, or ``(2) manufacturing, formulating, or distributing food-use pesticides. ``(e) Specified Hazardous Chemicals.--For purposes of this section, the term `specified hazardous chemical' means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. ``(f) Food-Use Pesticide.--For purposes of this section, the term `food-use pesticide' means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. ``(g) Controlled Groups.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which-- ``(1) provide for the proper treatment of amounts which are paid or incurred for the purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and ``(2) provide for the treatment of related properties as one facility for purposes of subsection (b).''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible agricultural business (as defined in section 45G(d)), the agricultural chemicals security credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 46g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the agricultural chemicals security credit determined under section 45G may be carried back to a taxable year beginning before the date of the enactment of this paragraph.''. (d) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Security of Agricultural Chemicals.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Agricultural chemicals security credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Agricultural Business Security Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow a retailer of agricultural products or a manufacturer, formulator, or distributor of food-use pesticides a business tax credit for up to 50 percent of the cost of protecting certain hazardous chemicals or food-use pesticides from unauthorized access. Sets an annual limit on such credit of $2 million and a per facility limitation of $50,000 (reduced by credits received for the five prior taxable years).

A bill to amend the Internal Revenue Code of 1986 to provide a credit to certain agriculture-related businesses for the cost of protecting certain chemicals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Litigation Attorney Accountability and Transparency Act''. SEC. 2. LOSING PLAINTIFF'S ATTORNEY PAYS. (a) Securities Exchange Act of 1934.--Section 21D(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(c)) is amended by adding at the end the following new paragraph: ``(4) Assessment of fees and expenses.-- ``(A) Determination required.--If the court in any private action arising under this title enters a final judgment against a plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the defendant, determine whether-- ``(i) the position of the plaintiff was not substantially justified; ``(ii) imposing fees and expenses on the plaintiff's attorney would be just; and ``(iii) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. ``(B) Award.--If the court makes the determinations described in clauses (i), (ii), and (iii) of subparagraph (A), the court shall award the defendant reasonable fees and other expenses incurred by the defendant and impose such fees and expenses on the plaintiff's attorney. ``(C) Basis of determination regarding position; burden of persuasion.--The determination of whether the position of the plaintiff was substantially justified shall be made on the basis of the record in the action for which fees and other expenses are sought, but the burden of persuasion shall be on the defendant.''. (b) Securities Act of 1933.--Section 27(c) of the Securities Act of 1933 (15 U.S.C. 77z-1(c)) is amended by adding at the end the following new paragraph: ``(4) Assessment of fees and expenses.-- ``(A) Determination required.--If the court in any private action arising under this title enters a final judgment against a plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the defendant, determine whether-- ``(i) the position of the plaintiff was not substantially justified; ``(ii) imposing fees and expenses on the plaintiff's attorney would be just; and ``(iii) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. ``(B) Award.--If the court makes the determinations described in clauses (i), (ii), and (iii) of subparagraph (A), the court shall award the defendant reasonable fees and other expenses incurred by the defendant and impose such fees and expenses on the plaintiff's attorney. ``(C) Basis of determination regarding position; burden of persuasion.--The determination of whether the position of the plaintiff was substantially justified shall be made on the basis of the record in the action for which fees and other expenses are sought, but the burden of persuasion shall be on the defendant.''. SEC. 3. DISCLOSURES OF CONFLICTS OF INTEREST BETWEEN PLAINTIFF AND ATTORNEYS. (a) Securities Exchange Act of 1934.--Section 21D(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by adding at the end the following new paragraph: ``(10) Disclosures regarding conflicts of interest.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any conflict of interest, including any direct or indirect payment, between such attorney and such plaintiff and between such attorney and any affiliated person of such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. (b) Securities Act of 1933.--Section 27(a) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following new paragraph: ``(10) Disclosures regarding conflicts of interest.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any conflict of interest, including any direct or indirect payment, between such attorney and such plaintiff and between such attorney and any affiliated person (as such term is defined in section 2(a)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)(3))) of such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. SEC. 4. SELECTION OF LEAD COUNSEL. (a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court may employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process.''. (b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court may employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process.''.

Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require, in any private action in which the court enters a final judgment, that the court award the defendant reasonable fees and expenses, and impose such fees and expenses on the plaintiff's attorney, if the plaintiff's position was not substantially justified. Requires each plaintiff and plaintiff's attorney in a private action to provide sworn certifications, filed with the complaint, that identify any conflict of interest, including any direct or indirect payment, between the attorney and the plaintiff. Authorizes the court, in exercising its discretion over the approval of lead counsel, to employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process.

To protect investors by fostering transparency and accountability of attorneys in private securities litigation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Profiting from Access to Computer Technology (PACT) Act'' or the ``Child PACT Act''. SEC. 2. PROTECTION OF EDUCATIONALLY USEFUL FEDERAL EQUIPMENT. Each Federal agency shall, to the extent practicable, protect and safeguard educationally useful Federal equipment that has been determined to be surplus, so that such equipment may be transferred under this Act. SEC. 3. EFFICIENT TRANSFER OF EDUCATIONALLY USEFUL FEDERAL EQUIPMENT. (a) Transfer of Equipment to GSA.--Each Federal agency, to the extent permitted by law and where appropriate, shall-- (1) identify educationally useful Federal equipment that it no longer needs or such equipment that has been declared surplus in accordance with section 549 of title 40, United States Code; (2) erase any hard drive, before transfer under paragraph (3), in accordance with standards in effect under the Department of Defense Industrial Security Program (Directive 5220.22 or successor authority); and (3)(A) transfer the equipment to the Administrator of General Services for conveyance to educational recipients; or (B) transfer the equipment directly to-- (i) an educational recipient, through an arrangement made by the Administrator of General Services under subsection (b); or (ii) a nonprofit refurbisher under subsection (d). (b) Advance Reporting of Equipment to GSA.--Each Federal agency shall report to the Administrator of General Services the anticipated availability of educationally useful Federal equipment as far as possible in advance of the date the equipment is to become surplus, so that the Administrator may attempt to arrange for the direct transfer from the donating agency to educational recipients. (c) Preference.--In carrying out conveyances to educational recipients under this Act, the Administrator of General Services shall, to the extent practicable, give particular preference to educational recipients located in an enterprise community, empowerment zone, or renewal community designated under section 1391, 1400, or 1400E of the Internal Revenue Code of 1986. (d) Refurbishment of Non-Classroom-Usable Equipment.--At the request of an educational recipient, educationally useful Federal equipment that is not classroom-usable shall be conveyed initially to a nonprofit refurbisher for upgrade before transfer to the educational recipient. (e) Lowest Cost.--All transfers to educational recipients shall be made at the lowest cost to the recipient permitted by law. (f) Notice of Availability of Equipment.--The Administrator of General Services shall provide notice of the anticipated availability of educationally useful Federal equipment (including non-classroom- usable equipment) to educational recipients by all practicable means, including the Internet, newspapers, and community announcements. (g) Facilitation by Regional Federal Executive Boards.--The regional Federal Executive Boards (as that term is used in part 960 of title 5, Code of Federal Regulations) shall help facilitate the transfer of educationally useful Federal equipment from the agencies they represent to recipients eligible under this Act. SEC. 4. AGENCY TECHNICAL ASSISTANCE. Each Federal agency with employees who have computer expertise shall, to the extent permitted by law and in accordance with any guidelines prescribed by the Director of the Office of Personnel Management, encourage those employees-- (1) to help connect classrooms in schools to the Nation's information infrastructure; (2) to assist teachers in schools in learning to use computers to teach; and (3) to assist in providing ongoing maintenance of, and technical support for, educationally useful Federal equipment transferred to educational recipients under this Act. SEC. 5. RULEMAKING. The Administrator of General Services shall prescribe rules and procedures to carry out this Act. SEC. 6. EFFECT ON OTHER LAWS. This Act supersedes Executive Order No. 12999 of April 17, 1996. SEC. 7. RULE OF CONSTRUCTION. This Act may not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, or employees. SEC. 8. DEFINITIONS. In this Act: (1) The term ``Federal agency'' means an Executive department or an Executive agency (as such terms are defined in chapter 1 of title 5, United States Code). (2) The term ``educational recipient'' means a school or a community-based educational organization. (3) The term ``school'' includes a prekindergarten program (as that term is used in the Elementary and Secondary Education Act of 1965), an elementary school, a secondary school, and a local educational agency (as those terms are defined in section 9101 of that Act). (4) The term ``community-based educational organization'' means a nonprofit entity that-- (A) is engaged in collaborative projects with schools or the primary focus of which is education; and (B) qualifies as a nonprofit educational institution or organization for purposes of section 549(c)(3) of title 40, United States Code. (5) The term ``educationally useful Federal equipment'' means computers and related peripheral tools (such as computer printers, modems, routers, and servers), including telecommunications and research equipment, that are appropriate for use by an educational recipient. The term also includes computer software, where the transfer of a license is permitted. (6) The term ``classroom-usable'', with respect to educationally useful Federal equipment, means such equipment that does not require an upgrade of hardware or software in order to be used by an educational recipient without being first transferred under section 3(d) to a nonprofit refurbisher for such an upgrade. (7) The term ``nonprofit refurbisher'' means an organization that-- (A) is exempt from income taxes under section 501(c) of the Internal Revenue Code of 1986; and (B) upgrades educationally useful Federal equipment that is not classroom-usable at no cost or low cost to the ultimate recipient school or community-based educational organization.

Profiting from Access to Computer Technology (PACT) Act - Child PACT Act - Directs each Federal agency to: (1) safeguard and identify educationally useful Federal equipment that it no longer needs or that has been declared surplus; (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients or nonprofit refurbishers; and (3) encourage employees with computer expertise to assist in providing maintenance and technical support for the recipients of such equipment, connecting school classrooms to the Internet, and helping teachers to learn to use computers to teach.

To establish a program to transfer surplus computers of Federal agencies to schools and nonprofit community-based educational organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Farmington River and Salmon Brook Wild and Scenic River Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Lower Farmington River and Salmon Brook Wild and Scenic River Study Act of 2005 (Public Law 109-370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08-37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segments designated by the amendment made in section 3, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109-370, this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with such designation. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(213) Lower farmington river and salmon brook, connecticut.--Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: ``(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. ``(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. ``(C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. ``(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut, to its confluence with the East Branch of Salmon Brook as a recreational river. ``(E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river.''. SEC. 4. MANAGEMENT. (a) In General.--The Lower Farmington River and Salmon Brook Wild and Scenic Committee, in coordination with the Secretary, shall lead and coordinate implementation of the management plan for the river segments designated by the amendment made in section 3 in accordance with such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Cooperative Agreements.-- (1) In general.--In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by the amendment made in section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with-- (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency.--All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (c) Land Management.-- (1) Zoning ordinances.--For the purposes of the river segments designated by the amendment made in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.--The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the river segments designated by the amendment made in section 3 of this Act. The authority of the Secretary to acquire lands and permanent structures for the purposes of the river segments designated by the amendment made in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (d) Rainbow Dam.--The designation made by the amendment in section 3 shall not be construed to-- (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (e) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. (f) Protection Afforded by Wild and Scenic River Designation.--The National Park Service may not administratively change the extent of the protection afforded to the river segments designated by the amendment made in section 3. SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION. Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence-- (1) by striking ``14-mile'' and inserting ``15.1-mile''; and (2) by striking ``to the downstream end of the New Hartford-Canton, Connecticut town line'' and inserting ``to the confluence with the Nepaug River''. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Management plan.--The term ``management plan'' means the management plan referred to in section 2(3). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Lower Farmington River and Salmon Brook Wild and Scenic River Act This bill amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. The Lower Farmington River and Salmon Brook Wild and Scenic Committee, in coordination with the Department of the Interior, shall lead and coordinate the implementation of the management plan for the designated river segments according to the amendments to the Lower Farmington River and Salmon Brook Management Plan, dated June 2011, as determined to be consistent with this bill. The designation made by this bill shall not be construed to: (1) prohibit, pre-empt, or abridge future licensing or re-licensing of the Rainbow Dam and Reservoir by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at the dam and reservoir. The Lower Farmington River shall not be administered as part of the National Park System (NPS) or be subject to NPS regulations. The National Park Service may not administratively change the extent of the protection afforded to the river segments designated by this bill. The bill also revises the description of a specified designated segment of the Farmington River in Connecticut.

Lower Farmington River and Salmon Brook Wild and Scenic River Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Udall-Eisenhower Arctic Wilderness Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--The Congress finds the following: (1) Americans cherish the continued existence of expansive, unspoiled wilderness ecosystems and wildlife found on their public lands, and feel a strong moral responsibility to protect this wilderness heritage as an enduring resource to bequeath undisturbed to future generations of Americans. (2) It is widely believed by ecologists, wildlife scientists, public land specialists, and other experts that the wilderness ecosystem centered around and dependent upon the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, represents the very epitome of a primeval wilderness ecosystem and constitutes the greatest wilderness area and diversity of wildlife habitats of its kind in the United States. (3) President Dwight D. Eisenhower initiated protection of the wilderness values of the Arctic coastal plain in 1960 when he set aside 8,900,000 acres establishing the Arctic National Wildlife Refuge expressly ``for the purpose of preserving unique wildlife, wilderness and recreational values''. (4) In 1980, when the Congress acted to strengthen the protective management of the Eisenhower-designated area with the enactment of the Alaska National Interest Lands Conservation Act (Public Law 96-487), Representative Morris K. Udall led the effort to more than double the size of the Arctic National Wildlife Refuge and extend statutory wilderness protection to most of the original area. (5) Before the enactment of the Alaska National Interest Lands Conservation Act, the House of Representatives twice passed legislation that would have protected the entire Eisenhower-designated area as wilderness, including the Arctic coastal plain. (6) A majority of Americans have supported and continue to support preserving and protecting the Arctic National Wildlife Refuge, including the Arctic coastal plain, from any industrial development and consider oil and gas exploration and development in particular to be incompatible with the purposes for which this incomparable wilderness ecosystem has been set aside. (7) When the Arctic National Wildlife Refuge was established in 1980 by paragraph (2) of section 303 of the Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2390; 16 U.S.C. 668dd note), subparagraph (B)(iii) of such paragraph specifically stated that one of the purposes for which the Arctic National Wildlife Refuge is established and managed would be to provide the opportunity for continued subsistence uses by local residents, and, therefore, the lands designated as wilderness within the Refuge, including the area designated by this Act, are and will continue to be managed consistent with such subparagraph. (8) Canada has taken action to preserve those portions of the wilderness ecosystem of the Arctic that exist on its side of the international border and provides strong legal protection for the habitat of the Porcupine River caribou herd that migrates annually through both countries to calve on the Arctic coastal plain. (9) The extension of full wilderness protection for the Arctic coastal plain within the Arctic National Wildlife Refuge will still leave most of the North Slope of Alaska available for the development of energy resources, which will allow Alaska to continue to contribute significantly to meeting the energy needs of the United States without despoiling the unique Arctic coastal plain of the Arctic National Wildlife Refuge. (b) Statement of Policy.--The Congress hereby declares that it is the policy of the United States-- (1) to honor the decades of bipartisan efforts that have increasingly protected the great wilderness ecosystem of the Arctic coastal plain; (2) to sustain this natural treasure for the current generation of Americans; and (3) to do everything possible to protect and preserve this magnificent natural ecosystem so that it may be bequeathed in its unspoiled natural condition to future generations of Americans. SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE REFUGE, ALASKA. (a) Inclusion of Arctic Coastal Plain.--In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), an area within the Arctic National Wildlife Refuge in the State of Alaska comprising approximately 1,559,538 acres, as generally depicted on a map entitled ``Arctic National Wildlife Refuge--1002 Area Alternative E--Wilderness Designation'' and dated October 28, 1991, is hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The map referred to in this subsection shall be available for inspection in the offices of the Secretary of the Interior. (b) Administration.--The Secretary of the Interior shall administer the area designated as wilderness by subsection (a) in accordance with the Wilderness Act as part of the wilderness area already in existence within the Arctic National Wildlife Refuge as of the date of the enactment of this Act.

Udall-Eisenhower Arctic Wilderness Act - Designates specified lands within Alaska in the Arctic National Wildlife Refuge (ANWR) as wilderness and components of the National Wilderness Preservation System.

To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Broadband Competition Act of 2001''. SEC. 2. AMENDMENT TO THE CLAYTON ACT ON THE APPLICABILITY OF THE ANTITRUST LAWS TO CERTAIN VIOLATIONS IN THE TELECOMMUNICATIONS INDUSTRY. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following: ``Sec. 28. (a) In any action based on a claim arising under the antitrust laws-- ``(1) the court shall not dismiss such claim on the ground that the defendant's conduct was or is subject to the Communications Act of 1934 (47 U.S.C. 101 et seq.), or that such Act takes precedence over, because of its specificity or recency of enactment, the antitrust laws; and ``(2) the trier of fact may consider any conduct that violates any obligations or requirements imposed by the Communications Act of 1934 (47 U.S.C. 101 et seq.), or rules adopted pursuant thereto, in determining whether the defendant has engaged in anticompetitive or exclusionary conduct. ``Sec. 29. (a) If an adjudicatory body determines that an incumbent local exchange carrier in any particular State has violated section 251, 252, 271, or 272 of the Communications Act of 1934, or any rules promulgated pursuant to such sections, such carrier shall be deemed to have violated the antitrust laws. ``(b) In addition to any penalty that may be imposed under any other provision of law, such carrier and all affiliates of such carrier may not jointly market in such State any advanced telecommunications service with any other telecommunications or information services offered by such carrier or by any of such affiliates. ``(c) Not later than 1 year after the enactment of the American Broadband Competition Act of 2001, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate-- ``(1) identifying suits brought under this section; and ``(2) describing the effect that the enforcement of this section has had on competitiveness in the telecommunication marketplace.''. SEC. 3. ESTABLISHMENT OF AN ALTERNATIVE PROCESS TO RESOLVE DISPUTES. (a) Amendment.--Title 9 of the United States Code is amended by inserting after section 16 the following: ``Sec. 17. Disputes arising under interconnection agreements ``(a) Interconnection Agreement Controversies Subject to Arbitration.--Any interconnection agreement entered into pursuant to section 252 of the Communications Act of 1934 (47 U.S.C. 252) shall be treated for purposes of this chapter as a contract containing a written provision to settle by arbitration a controversy thereafter arising out of such contract. Any such controversy shall be subject to arbitration in accordance with the alternate dispute resolution process established pursuant to this section. ``(b) Establishment Required.--Within 90 days after enactment of the American Broadband Competition Act of 2001, the Attorney General shall prescribe a multistate alternative dispute resolution process. The Attorney General shall not include either the Federal Communications Commission nor any State commission as a party to such dispute resolution process. ``(c) Criteria for Establishment of Process.--The multistate alternative dispute resolution process required by this section shall-- ``(1) provide for a private, commercial arbitration process that will permit a requesting telecommunications carrier to resolve a dispute related to an interconnection agreement with an incumbent local exchange carrier arising in 1 or several States in an open, nondiscriminatory, and unbiased fashion within 45 days after the filing of such dispute; ``(2) incorporate the Commercial Dispute Resolution Procedures of the American Arbitration Association in effect at the date of enactment of the American Broadband Competition Act of 2001 to the extent consistent with the time limits imposed in this section, except that all decisions of arbitration panels constituted pursuant to this section shall be in writing, publicly available, and posted on the Internet; ``(3) permit all parties to have the right to discovery; and ``(4) ensure requesting telecommunications carriers do not file frivolous disputes, and establish penalties to deter such conduct. ``(d) Authority of Arbitration Panels.--Except as otherwise provided in this section, awards and decisions of such arbitration panels shall be enforceable in Federal district courts pursuant to the procedures of this chapter. ``(e) No Collateral Estoppel.--The parties to the controversy shall be bound by the decision of the arbitration panel as to the matter in controversy under the interconnection agreement entered into pursuant to section 252 of the Communications Act of 1934 (47 U.S.C. 252), but otherwise such decision shall not have the effect of collateral estoppel in any other proceeding involving any of such parties. ``(f) Other Remedies Not Limited.--Except as provided in subsection (e), the availability of alternative dispute resolution pursuant to this section shall not-- ``(1) limit any other remedy a requesting telecommunications carrier might have for the same or similar facts, including relief before the Attorney General of the United States, the Federal Communications Commission or State commissions (as defined by section 3 of the Communications Act of 1934), courts of the United States, or any other appropriate forum; or ``(2) modify, affect, or supersede the authority and responsibility of the Federal Communications Commission to expeditiously administer and enforce the Communications Act of 1934.''. (b) Conforming Amendment.--The table of sections of chapter 1 of title 9 is amended by inserting after the item relating to section 16 the following: ``17. Disputes arising under interconnection agreements.''.

American Broadband Competition Act of 2001 - Amends the Clayton Act to provide for the application of that Act to specified violations in the telecommunications industry, including violations by an incumbent local exchange carrier in a State. Prohibits such carrier and all affiliates from jointly marketing in a State any advanced telecommunications service with any other telecommunications or information services offered by such carrier or affiliates. Directs the Attorney General to report on suits brought herein, describing the effect that enforcement has had on competitiveness in the telecommunication marketplace.Treats certain interconnection agreements as contracts containing a written provision to settle by arbitration a controversy thereafter arising out of such contract. Subjects any such controversy to arbitration in accordance with the alternative dispute resolution (ADR) process established under this Act.Requires the Attorney General to prescribe a multi-state ADR process for disputes related to an interconnection agreement.

To ensure the application of the antitrust laws to local telephone monopolies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Chemistry Research and Development Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Green chemistry.--The term ``green chemistry'' means chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances. (2) Interagency working group.--The term ``Interagency Working Group'' means the interagency working group established under section 3(c). (3) Program.--The term ``Program'' means the Green Chemistry Research and Development Program described in section 3. SEC. 3. GREEN CHEMISTRY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The President shall establish a Green Chemistry Research and Development Program to promote and coordinate Federal green chemistry research, development, demonstration, education, and technology transfer activities. (b) Program Activities.--The activities of the Program shall be designed to-- (1) provide sustained support for green chemistry research, development, demonstration, education, and technology transfer through-- (A) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) merit-reviewed competitive grants to fund collaborative university-industry research and development partnerships; (C) green chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories; and (D) to the extent practicable, encouragement of consideration of green chemistry in-- (i) the conduct of Federal chemical science and engineering research and development; and (ii) the solicitation and evaluation of all proposals for chemical science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of green chemistry processes and products; (3) facilitate the adoption of green chemistry innovations; (4) expand education and training of undergraduate and graduate students in green chemistry science and engineering; (5) collect and disseminate information on green chemistry research, development, and technology transfer, including information on-- (A) incentives and impediments to development and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; and (6) provide venues for outreach and dissemination of green chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups. (c) Interagency Working Group.--The President shall establish an Interagency Working Group, which shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, and any other agency that the President may designate. The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency shall serve as co-chairs of the Interagency Working Group. The Interagency Working Group shall oversee the planning, management, and coordination of the Program. The Interagency Working Group shall-- (1) establish goals and priorities for the Program, to the extent practicable in consultation with green chemistry researchers and potential end-users of green chemistry products and processes; and (2) provide for interagency coordination, including budget coordination, of activities under the Program. (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall include-- (1) a summary of federally funded green chemistry research, development, demonstration, education, and technology transfer activities, including the green chemistry budget for each of these activities; and (2) an analysis of the progress made toward achieving the goals and priorities for the Program, and recommendations for future program activities. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) National Science Foundation.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. (b) National Institute of Standards and Technology.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act-- (1) $5,000,000 for fiscal year 2005; (2) $5,500,000 for fiscal year 2006; and (3) $6,000,000 for fiscal year 2007. (c) Department of Energy.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Department of Energy for carrying out this Act-- (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. (d) Environmental Protection Agency.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Environmental Protection Agency for carrying out this Act-- (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007.

Green Chemistry Research and Development Act of 2004 - Directs the President to establish a Green Chemistry Research and Development Program to promote and coordinate Federal research, development, demonstration, education, and technology transfer activities related to green chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances. Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program.

A bill to provide for the implementation of a Green Chemistry Research and Development Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Insurance Protection Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the recent incidents of arson attacks against churches should be condemned; and (2) houses of worship and their congregations should be held harmless for the recent acts of arson and insurance companies should be prohibited from taking punitive measures against the churches and congregations because of the occurrence of such acts. SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO RENEW FIRE INSURANCE FOR RELIGIOUS PROPERTIES. An insurer may not cancel or decline to renew any coverage for fire insurance for a religious property based on-- (1) the race, color, religion, or national origin of the members of the congregation for, members of, or participants in, the religious organization or gathering that uses the property (or the predominant number of such members or participants); (2) the status of the property as a religious property; (3) any previous occurrence of arson against the property; or (4) any threat or perceived threat of arson against the property. SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM CHARGES. An insurer may not require, as a condition of coverage for fire insurance for a religious property, that the insured pay a premium or contribution which is greater than the premium or contribution for similar coverage for a similarly situated property, solely on the basis of-- (1) the race, color, religion, or national origin of the members of the congregation for, members of, or participants in, the religious organization or gathering that uses the property (or the predominant number of such members or participants); (2) the status of the property as a religious property; (3) any previous occurrence of arson against the property; or (4) any threat or perceived threat of arson against the property. SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUSTICE. (a) In General.--The authority and responsibility for investigating violations of this Act and for enforcing this Act shall be in the Attorney General. (b) Complaints.--The Attorney General shall provide for persons aggrieved under this Act to file complaints with the Attorney General alleging violations of this Act and shall investigate such complaints to determine whether the violations have occurred. (c) Monitoring Compliance.--The Attorney General may, on the Attorney General's own initiative, take such actions as the Attorney General considers appropriate to investigate and determine compliance with this Act. SEC. 6. CIVIL ACTION. (a) Cause of Action.--Whenever the Attorney General has reasonable cause to believe that a violation of this Act has occurred and judicial action is necessary to carry out the purposes of this Act, the Attorney General may commence a civil action in any appropriate United States district court. (b) Relief.--In addition to other appropriate relief which may be granted in a civil action, the court in a civil action under subsection (a)-- (1) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this Act as is necessary to ensure the full enjoyment of rights granted by this Act (including an order of specific performance of any contract for insurance coverage); and (2) shall assess a civil penalty against the person determined to violate this Act in an amount of-- (A) $50,000, for a first violation; (B) $250,000, for a second violation; and (C) $500,000, for a third or subsequent violation. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Coverage for fire insurance.--The term ``coverage for fire insurance'' means any property and casualty insurance coverage that includes insurance against losses, damages, expenses, and liabilities caused by fires. The term includes coverage under a policy for only the line of insurance for losses from fires and coverage for such fire losses under a policy that includes the fire line of insurance together with other lines. (2) Insurer.--The term ``insurer'' means any corporation, association, society, order, firm, company, mutual, partnership, individual, aggregation of individuals, or other legal entity that is authorized to transact the business of property or casualty insurance in any State or that is engaged in a property or casualty insurance business. (3) Religious property.--The term ``religious property'' means any church, synagogue, mosque, or other religious property, and includes any buildings and support structures used primarily for worship and related activities.

Church Insurance Protection Act - Prohibits an insurer from canceling, declining to renew, or requiring a higher premium or contribution for fire insurance for a religious property based on: (1) the race, color, religion, or national origin of property users; (2) the status of the property as religious property; (3) any previous arson against the property; or (4) any perceived arson threat. Places authority and responsibility for investigating and enforcing this Act in the Attorney General. Authorizes the Attorney General to begin a civil action. Authorizes preventive relief and mandates civil monetary damages.

Church Insurance Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Development Lab Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The effectiveness of United States foreign assistance can be greatly enhanced by fostering innovation, applying science and technology, and leveraging the expertise and resources of the private sector to find low-cost, common sense solutions to today's most pressing development challenges. (2) Breakthroughs that accelerate economic growth and produce better health outcomes in developing countries can help support the growth of healthier, more stable societies and foster trade relationships that translate into jobs and economic growth in the United States. (3) In 2014, the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development (USAID) were streamlined and merged into the United States Global Development Lab. (4) The Lab partners with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to find solutions to specific development challenges in a faster, more cost-efficient, and more sustainable way. (5) The Lab utilizes competitive innovation incentive awards, a ``pay-for-success'' model, whereby a development challenge is identified, competitions are launched, ideas with the greatest potential for success are selected and tested, and awards are provided only after the objectives of a competition have been substantially achieved. (6) Enhancing the authorities that support this pay-for- success model will better enable the Lab to diversify and expand both the number and sources of ideas that may be developed, tested, and brought to scale, thereby increasing USAID's opportunity to apply high value, low-cost solutions to specific development challenges. SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB. (a) Establishment.--There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties.--The duties of the Lab shall include-- (1) increasing the application of science, technology, innovation and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities.-- (1) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, in addition to such other authorities as may be available to the Administrator, including authorities under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the limitations described in paragraph (3), is authorized to-- (A) use not more than $15,000,000 of funds made available to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961 in a fiscal year to provide funding to improve health outcomes; (B) provide innovation incentive awards (as defined in section 4(5) of this Act); and (C) use funds made available to carry out the provisions of part I of the Foreign Assistance Act of 1961 for the employment of not more than 30 individuals on a limited term basis pursuant to schedule A of subpart C of part 213 of title 5, Code of Federal Regulations, or similar provisions of law or regulations. (2) Recovery of funds.-- (A) Authority.-- (i) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, subject to the limitation described in clause (ii), is authorized to require a person or entity that receives funding under a grant, contract, or cooperative agreement made by the Lab to return to the Lab any program income that is attributable to funding under such grant, contract, or cooperative agreement. (ii) Limitation.--The amount of program income that a person or entity is required to return to the Lab under clause (i) shall not exceed the amount of funding that the person or entity received under the grant, contract, or cooperative agreement. (B) Treatment of payments.-- (i) In general.--The amount of any program income returned to the Lab pursuant to subparagraph (A) may be credited to the account from which the obligation and expenditure of funds under the grant, contract, or cooperative agreement described in subparagraph (A) was made. (ii) Availability.-- (I) In general.--Except as provided in subclause (II), amounts returned and credited to an account under clause (i)-- (aa) shall be merged with other funds in the account; and (bb) shall be available for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception.--Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(C). (3) Limitations.-- (A) In general.--Concurrent with the submission of the Congressional Budget Justification for Foreign Operations for each fiscal year, the Administrator shall submit to the appropriate congressional committees a detailed accounting of USAID's use of authorities under this section, including the sources, amounts, and uses of funding under each of paragraphs (1) and (2). (B) Innovation incentive awards.--In providing innovation incentive awards under paragraph (1)(B), the Administrator shall notify the appropriate congressional committees not later than 15 days after providing any such award. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committees on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Innovation incentive award.--The term ``innovation incentive award'' means the provision of funding on a competitive basis that-- (A) encourages and rewards the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (B) helps identify and promote a broad range of ideas and practices, facilitating further development of an idea or practice by third parties. (4) Lab.--The term ``Lab'' means the United States Global Development Lab established under section 3. (5) USAID.--The term ``USAID'' means the United States Agency for International Development.

Global Development Lab Act of 2016 This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, whose duties shall include: increasing the application of science, technology, innovation and partnerships to develop new solutions to end extreme poverty; discovering and testing development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design.

Global Development Lab Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bob Dole Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Bob Dole was born on July 22, 1923, in Russell, Kansas. (2) Growing up during the Great Depression, Bob Dole learned the values of hard work and discipline, and worked at a local drug store. (3) In 1941, Bob Dole enrolled at the University of Kansas as a pre-medical student. During his time at KU he played for the basketball, football, and track teams, and joined the Kappa Sigma Fraternity, from which he would receive the ``Man of the Year'' award in 1970. (4) Bob Dole's collegiate studies were interrupted by WWII, and he enlisted in the United States Army. During a military offensive in Italy, he was seriously wounded while trying to save a fellow soldier. Despite his grave injuries, Dole recovered and was awarded two Purple Hearts and a Bronze Star with an Oak Cluster for his service. He also received an American Campaign Medal, a European- African-Middle Eastern Campaign Medal, and a World War II Victory Medal. (5) While working on his law degree from Washburn University, Bob Dole was elected into the Kansas House of Representatives, serving from 1951-1953. (6) Bob Dole was elected into the U.S. House of Representatives and served two Kansas districts from 1961-1969. (7) In 1969, Bob Dole was elected into the U.S. Senate and served until 1996. Over the course of this period, he served as Chairman of the Republican National Committee, Chairman of the Finance Committee, Senate Minority Leader, and Senate Majority Leader. (8) Bob Dole was known for his ability to work across the aisle and embrace practical bipartisanship on issues such as Social Security. (9) Bob Dole has been a life-long advocate for the disabled and was a key figure in the passing of the Americans with Disabilities Act in 1990. (10) After his appointment as Majority Leader, Bob Dole set the record as the nation's longest-serving Republican Leader in the Senate. (11) Several Presidents of the United States have specially honored Bob Dole for his hard work and leadership in the public sector. This recognition is exemplified by the following: (A) President Reagan awarded Bob Dole the Presidential Citizens Medal in 1989 stating, ``Whether on the battlefield or Capitol Hill, Senator Dole has served America heroically. Senate Majority Leader during one of the most productive Congresses of recent time, he has also been a friend to veterans, farmers, and Americans from every walk of life. Bob Dole has stood for integrity, straight talk and achievement throughout his years of distinguished public service.''. (B) Upon awarding Bob Dole with the Presidential Medal of Freedom in 1997, President Clinton made the following comments, ``Son of the soil, citizen, soldier and legislator, Bob Dole understands the American people, their struggles, their triumphs and their dreams . . . In times of conflict and crisis, he has worked to keep America united and strong . . . our country is better for his courage, his determination, and his willingness to go the long course to lead America.''. (12) After his career in public office, Bob Dole became an active advocate for the public good. He served as National Chairman of the World War II Memorial Campaign, helping raise over $197 million to construct the National WWII Memorial, and as Co-Chair of the Families of Freedom Scholarship Fund, raising over $120 million for the educational needs of the families of victims of 9/11. (13) From 1997-2001, Bob Dole served as chairman of the International Commission on Missing Persons in the Former Yugoslavia. (14) In 2003, Bob Dole established The Robert J. Dole Institute of Politics at the University of Kansas to encourage bipartisanship in politics. (15) Bob Dole is a strong proponent of international justice and, in 2004, received the Golden Medal of Freedom from the President of Kosovo for his support of democracy and freedom in Kosovo. (16) In 2007, President George W. Bush appointed Bob Dole to co-chair the President's Commission on Care for America's Returning Wounded Warriors, which inspected the system of medical care received by U.S. soldiers returning from Iraq and Afghanistan. (17) Bob Dole was the co-creator of the McGovern-Dole International Food for Education and Child Nutrition Program, helping combat child hunger and poverty. In 2008, he was co-awarded the World Food Prize for his work with this organization. (18) Bob Dole is co-founder of the Bipartisan Policy Center which works to develop policies suitable for bipartisan support. (19) Bob Dole is a strong advocate for veterans, having volunteered on a weekly basis for more than a decade on behalf of the Honor Flight Network. (20) Bob Dole serves as Finance Chairman of the Campaign for the National Eisenhower Memorial, leading the private fundraising effort to memorialize President Dwight D. Eisenhower in Washington, DC. (21) Bob Dole was acknowledged by many organizations for his achievements both inside and outside of politics, including being awarded the ``U.S. Senator John Heinz Award for Outstanding Public Service By An Elected Official'', the Gold Good Citizenship Award, the American Patriot Award, the Survivor's Gratitude Award, the U.S. Association of Former Member of Congress Distinguished Service Award, a Distinguished Service Medal, the French Legion of Honor medal, the Horatio Alger Award, the U.S. Defense Department's Distinguished Public Service Award, the National Collegiate Athletic Association's Teddy Roosevelt Award, the Albert Schweitzer Medal ``for outstanding contributions to animal welfare'', the 2004 Sylvanus Thayer Award, and honorary degrees from the University of Kansas, Fort Hays State University, and the University of New Hampshire School of Law. (22) Throughout his life-long service to our country, Bob Dole has embodied the American spirit of leadership and determination, and serves as one of the most prolific role models both in and outside of politics. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a gold medal of appropriate design to Bob Dole, in recognition for his service to the nation as a soldier, legislator, and statesman. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the Senate passed version is repeated here.) Bob Dole Congressional Gold Medal Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman.

Bob Dole Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act of 2007''. SEC. 2. GASOLINE PRICE GOUGING PROHIBITED. (a) Unlawful Conduct.-- (1) Unfair and deceptive act or practice.--It shall be an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging as defined by rule pursuant to subsection (b). (2) Definition.--For purposes of this subsection, the term ``biofuel'' means any fuel containing any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. (b) Price Gouging.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate, in accordance with section 553 of title 5, United States Code, any rules necessary for the enforcement of this section. (2) Contents.--Such rules-- (A) shall define ``price gouging'', ``retail sale'', and ``wholesale sale'' for purposes of this Act; and (B) shall be consistent with the requirements for declaring unfair acts or practices in section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)). (c) Enforcement.-- (1) In general.--Except as provided in subsection (d), a violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade 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. (2) Exclusive enforcement.--Notwithstanding any other provision of law, no person, State, or political subdivision of a State, other than the Federal Trade Commission or the Attorney General of the United States to the extent provided for in section 5 of the Federal Trade Commission Act or the attorney general of a State as provided by subsection (d), shall have any authority to enforce this Act or any rule prescribed pursuant to this Act. (d) Enforcement by State Attorneys General.-- (1) Civil action.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to impose a civil penalty under subsection (e). (2) Intervention by the ftc.-- (A) Notice and intervention.--The State shall provide prior written notice of any action under paragraph (1) to the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no attorney general of a State may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (3) Construction with respect to powers conferred by state law.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State. (e) Civil Penalty.-- (1) In general.--Notwithstanding any civil penalty that otherwise applies to a violation of a rule referred to in subsection (c)(1), any person who violates subsection (a) shall be liable for a civil penalty under this subsection. (2) Amount.--The amount of a civil penalty under this subsection shall be an amount equal to-- (A) in the case of a wholesale sale in violation of subsection (a), the sum of-- (i) 3 times the difference between-- (I) the total amount charged in the wholesale sale; and (II) the total amount that would be charged in such a wholesale sale made at the wholesale fair market price; plus (ii) an amount not to exceed $3,000,000 per day of a continuing violation; or (B) in the case of a retail sale in violation of subsection (a), 3 times the difference between-- (i) the total amount charged in the sale; and (ii) the total amount that would be charged in such a sale at the fair market price for such a sale. (3) Deposit.--Of the amount of any civil penalty imposed under this section with respect to any sale in violation of subsection (a) to a person that resides in a State, the portion of such amount that is determined under subparagraph (A)(i) or (B) (or both) of paragraph (2) shall be deposited into-- (A) any account or fund established under the laws of the State and used for paying compensation to consumers for violations of State consumer protection laws; or (B) in the case of a State for which no such account or fund is established by State law, into the general fund of the State treasury. (f) Criminal Penalty.-- (1) In general.--In addition to any other penalty that applies, a violation of subsection (a) is punishable-- (A) in the case of a wholesale sale in violation of subsection (a), by a fine of not more than $150,000,000, imprisonment for not more than 2 years, or both; or (B) in the case of a retail sale in violation of subsection (a), by a fine of not more than $2,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General, in accordance with section 515 of title 28, United States Code.

Federal Energy Price Protection Act of 2007 - Makes it an unfair or deceptive act or practice in violation of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging. Instructs the Federal Trade Commission (FTC) to promulgate enforcement rules within six months after enactment of this Act. Grants enforcement authority exclusively to: (1) the FTC; (2) the Attorney General of the United States; or (3) state attorneys general. Prescribes guidelines for enforcement of civil actions by state attorneys general. Preempts state action while federal action is pending. Subjects violations of this Act to specified civil and criminal penalties.

To prohibit price gouging in the sale of gasoline, diesel fuel, crude oil, and home heating oil, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Petroleum Supply Act''. SEC. 2. PURCHASES FROM THE STRATEGIC PETROLEUM RESERVE BY ENTITIES IN THE INSULAR AREAS OF THE UNITED STATES. (a) General Provisions.--Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following new subsection: ``(j)(1) With respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve: ``(A) A purchaser located in an eligible insular area of the United States, in addition to having the opportunity to submit a competitive bid, may submit (at the time bids are due) a binding offer, and shall on submission of the bid be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the average of the successful bids made for the remaining quantity of petroleum product within the category that is the subject of the offering. ``(B) A vessel that arrives at a delivery line of the Strategic Petroleum Reserve to take on a petroleum product for delivery to a purchaser located in an eligible insular area of the United States shall be loaded ahead of other vessels waiting for delivery if the Governor or other chief executive officer of the eligible insular area of the United States certifies that delivery must be expedited to avert a critical supply shortage in the eligible insular area of the United States. ``(2)(A) In administering this subsection, and with regard to each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. ``(B) The Secretary may limit the quantity that any one purchaser may purchase through a binding offer at any one offering to \1/12\ of the total quantity of petroleum products that the purchaser imported during the previous year. ``(C)(i) Subject to clause (ii), the Secretary may limit the quantity that may be purchased through binding offers at any one offering to 3 percent of the offering. ``(ii) If the Secretary imposes the limitation stated in clause (i), the Secretary shall prorate the quantity among the purchasers who submitted binding offers. ``(3) In administering this subsection, and with regard to each offering, the Secretary shall, at the request of a purchaser-- ``(A) if the quantity is less than 50 percent of 1 full tanker load less than a whole-number increment of a full tanker load of a petroleum product, adjust upward, to the next whole- number increment of a full tanker load, the quantity to be sold to the purchaser; or ``(B) if the quantity is 50 percent of 1 full tanker load more than a whole-number increment of a full tanker load of a petroleum product, adjust downward, to the next whole-number increment of a full tanker load, the quantity to be sold to the purchaser. ``(4)(A) Except as provided in subparagraph (B), petroleum products purchased through binding offers pursuant to this subsection shall be delivered to the eligible insular area of the United States. ``(B) Purchasers may enter into exchange or processing agreements that require delivery to other locations. ``(5) As used in this subsection: ``(A) The term `eligible insular area of the United States' means the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(B) The term `offering' means a solicitation for bids to be submitted not later than any specified day for a quantity or quantities of crude oil or petroleum product from a delivery line of the Strategic Petroleum Reserve.''. (b) Effective Dates.--The amendments made by subsection (a) shall remain in effect until such time as the Secretary promulgates and implements regulations pursuant to section 3. SEC. 3. REGULATIONS. (a) Definitions.--For the purposes of this section-- (1) the term ``insular area'' means the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (2) the term ``eligible purchaser'' means-- (A) an insular area government; or (B) a person who owns a refinery that-- (i) is located in an insular area; or (ii) has supplied refined petroleum product to an insular area within the year immediately preceding the sale, or within another period the Secretary determines to be representative of recent imports to the insular area. (b) In General.--The Secretary shall issue regulations that provide benefits for insular areas during the sale of petroleum product withdrawn from the Strategic Petroleum Reserve. (c) Content.--The regulations issued under subsection (a)-- (1) shall permit an eligible purchaser to purchase petroleum product-- (A) at a price equal to the average price of comparable quality petroleum product sold at the contemporaneous competitive sale of petroleum product withdrawn from the Strategic Petroleum Reserve; or (B) if no comparable quality petroleum product sold at the contemporaneous competitive sale, at a price estimated by the Secretary to be equivalent to the price described in subparagraph (A); (2) shall provide for priority cargo lifting of petroleum product purchased by an eligible purchaser at a competitive sale or under paragraph (1); (3) may limit the amount of petroleum product that may be purchased under paragraph (1) during a sales period-- (A) by an eligible purchaser, to no less than \1/ 12\ of the total amount of petroleum product that the purchaser brought into an insular area during the year immediately preceding the sale or during another period the Secretary determines to be representative of recent imports to the insular area; or (B) by all eligible purchasers, to no less than 3 percent of the amount of petroleum product offered for sale during the sales period prorated among the eligible purchasers; (4) may provide that, at the request of a purchaser, the quantity of petroleum product to be sold to the purchaser may be adjusted upward or downward, to the next whole-number increment of a full tanker load, if the quantity that otherwise would be sold is less than a whole-number increment; (5) may establish procedures for qualifying an entity as an eligible person before a sale of petroleum product withdrawn from the Strategic Petroleum Reserve; (6) may require an eligible purchaser to comply with financial and performance responsibility requirements applied to offerors in competitive sale; (7) except as otherwise provided by this subsection, may require an eligible purchaser who purchases petroleum product under paragraph (1) to comply with standard contract provisions applied to purchasers at competitive sales; (8) may ensure, to the extent practicable, that an eligible purchaser who receives benefits under paragraph (1) or (2) passes on the benefits to an insular area; (9) may require an eligible purchaser who receives benefits under paragraph (1) or (2) to furnish the Secretary with documents and other appropriate information to determine compliance with this subsection; and (10) may establish procedures for imposing sanctions on an eligible purchaser who receives benefits under paragraph (1) or (2) and who does not comply with the requirements of this subsection. (d) Plan Amendments.--No amendment of the Strategic Petroleum Reserve Plan or the Distribution Plan contained in the Strategic Petroleum Reserve Plan is required for any action taken under this subsection if the Secretary determines that an amendment to the plan is necessary to carry out this section. (e) Administrative Procedure.--Regulations issued to carry out this subsection shall not be subject to the requirements of section 523 of the Energy Policy and Conservation Act (42 U.S.C. 6393) or of section 501 of the Department of Energy Organization Act (42 U.S.C. 7191).

Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act to prescribe guidelines to expedite purchases and deliveries from the Strategic Petroleum Reserve to entities in eligible insular areas of the United States (Hawaii, Puerto Rico, Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands) in the event of an oil supply disruption. Instructs the Secretary of Energy to promulgate regulations to provide certain benefits for such areas during the sale of petroleum product withdrawn from the Reserve.

Emergency Petroleum Supply Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (3) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (4) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (5) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; and (6) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``employee'' includes an applicant for employment; (2) the term ``employer'' means any person that-- (A) employs one or more private security officers; or (B) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); (3) the term ``private security officer'' (A) means-- (i) an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, or (ii) an individual who is an employee of an electronic security system company engaged in one or more of the following activities in the State: burglar alarm technician, fire alarm technician, closed circuit television technician, access control technician, or security system monitor; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, or (v) an individual on active duty in the military service; (4) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the secure movement of prisoners; (G) the maintenance of order and safety at athletic, entertainment, or other public activities; (H) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (I) the transportation of money or other valuables by armored vehicle; and (5) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 4. BACKGROUND CHECKS. (a) In General.-- (1) Submission.--An association of employers of private security officers, designated for the purpose of this section by the Attorney General, may submit fingerprints or other methods of positive identification approved by the Attorney General, to the Attorney General on behalf of any applicant for a State license or certificate of registration as a private security officer or employer of private security officers. (2) Exchange.--In response to a submission under paragraph (1), the Attorney General may, to the extent provided by State law conforming to the requirements of the second paragraph under the heading ``Federal Bureau of Investigation'' and the subheading ``Salaries and Expenses'' in title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which the applicant has applied. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 5. STATE PARTICIPATION. It is the sense of the Congress that each State should participate in the background check system established under section 4.

Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers to submit fingerprints or other methods of positive identification to the Attorney General on behalf of any applicant for a State license or certificate or registration as a private security officer or employer of such officers. Authorizes the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations as may be necessary to carry out this Act, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping. Sets forth reporting requirements. Expresses the sense of the Congress that each State should participate in the background check system established by this Act.

Private Security Officer Quality Assurance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2005''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2007; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) 2 or more crimes involving moral turpitude. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been ordered excluded, deported, removed, or 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) if otherwise qualified under that paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by Secretary.--If the Secretary of Homeland Security grants the application, the Secretary shall cancel the order. If the Secretary of Homeland Security makes a final 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 under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2005, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act, the Secretary of Homeland Security shall not order an 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 Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security 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. (B) Pending applications.--If an application under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security 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 (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security 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) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in this section. (2) Savings provision.--Nothing in this Act shall be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Liberian Refugee Immigration Fairness Act of 2005 - Requires the Secretary of Homeland Security to adjust the status of Liberian nationals who have been continuously present in the United States from January 1, 2005, through the date of application for adjustment (or the spouse, child, or unmarried son or daughter of such aliens) if: (1) application is made before April 1, 2007; and (2) the alien is otherwise eligible for an immigrant visa and admissible as a permanent resident, except that certain specified grounds of inadmissibility do not apply. Authorizes otherwise qualified aliens who have been ordered excluded, deported, removed, or to depart voluntarily to apply for adjustment under this Act without filing a separate motion to reopen, reconsider, or vacate such order. Prohibits the removal of such aliens pending a final determination on the application for adjustment. Authorizes the Secretary to grant work authorization to aliens who have applied for adjustment of status under this Act. Provides for administrative review of such adjustment decisions but precludes judicial review. States that the Secretary of State shall not be required to offset immigrant visa numbers as the result of adjustments of status made pursuant to this Act.

A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence.

SECTION 1. RELEASE OF REVERSIONARY INTERESTS, BLACKWATER RIVER AND WITHLACOOCHEE STATE FORESTS, FLORIDA. (a) Release.--The Secretary of Agriculture shall release the reversionary interests of the United States that were retained by the United States when the following parcels of real property were conveyed to the State of Florida: (1) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Santa Rosa County to the State of Florida. (2) The parcel of real property described in a deed dated April 11, 1957, conveying certain lands in Santa Rosa County to the State of Florida. (3) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Okaloosa County to the State of Florida. (4) The parcel of real property described in a deed dated November 26, 1982, conveying certain lands in Citrus, Hernando, Pasco, and Sumter Counties to the State of Florida. The reversionary interest to be released under this section requires that the conveyed lands be used for public purposes and provides for a reversion of such lands to the United States if at any time they cease to be used for public purposes. (b) Legal Description.--The four deeds referred to in subsection (a) are recorded as follows: (1) Deed Book 122, Pages 397-437, Santa Rosa County, Florida. (2) Deed Book 133, Pages 333-337, Santa Rosa County, Florida. (3) Deed Book 121, Pages 511-528, Okaloosa County, Florida. (4) Official Record Book 610, Pages 1228-1237, Citrus County, Florida. (5) Official Record Book 517, Pages 491-500, Hernando County, Florida. (6) Official Record Book 269, Pages 126-135, Sumter County, Florida. (7) Official Record Book 1240, Pages 1065-1074, Pasco County, Florida. (c) Consideration.--As consideration for the release of the reversionary interests under subsection (a), the State of Florida shall agree to the following: (1) All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be used by the State of Florida for the acquisition of other lands within or adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest, or, with the approval of the Secretary of Agriculture, for the purchase of the individual mineral interest of the United States under section 2. (2) Any lands acquired by the sale, exchange, or other disposition of the real property subject to the reversionary interests shall become a part of the State forest in which the acquired lands are located and shall be subject to the condition that the acquired lands be used for public purposes. (3) The total land base of such State forests shall not be reduced below the original acreage of the real property included in the conveyances described in subsection (a), except in the case of any lands conveyed at the request of the United States, and the total land base shall be managed in perpetuity as State forest land. (4) All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be maintained by the State of Florida in a separate fund. The record of all transactions involving such fund shall be open to inspection by the Secretary of Agriculture. (d) Additional Terms.--The Secretary of Agriculture may require such additional terms or conditions in connection with the release of the reversionary interests under this section as the Secretary considers appropriate to protect the interests of the United States. (e) Instrument of Release.--The Secretary of Agriculture shall execute and file in the appropriate office or offices a deed of release, amended deed, or other appropriate instrument effectuating the release of the reversionary interests under this section. SEC. 2. SALE OF MINERAL RIGHTS. (a) Sale Authorized.--Upon application by the State of Florida, the Secretary of the Interior may convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, or to its designee, all of the individual mineral interests of the United States in any parcel of real property for which a reversionary interest is released under section 1. (b) Consideration.--As consideration for the sale of the mineral interests of the United States under subsection (a), the State of Florida shall pay to the United States an amount equal to the fair market value of such interests, as determined by appraisal or other method satisfactory to the Secretary of the Interior.

Directs the Secretary of Agriculture to release U.S. reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes. Authorizes the Secretary of the Interior to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the U.S. mineral interests in any real property for which a reversionary interest is released.

To release the reversionary interests retained by the United States in four deeds that conveyed certain lands to the State of Florida so as to permit the State to sell, exchange, or otherwise dispose of the lands, and to provide for the conveyance of certain mineral interests of the United States in the lands to the State of Florida.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Redress Act''. TITLE I--HEIRLESS ASSETS SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Among the $198,000,000 in German assets located in the United States and seized by the United States Government in World War II were believed to be bank accounts, trusts, securities, or other assets belonging to Jewish victims of the Holocaust. (2) Among an estimated $1,200,000,000 in assets of Swiss nationals and institutions which were frozen by the United States Government during World War II (including over $400,000,000 in bank deposits) were assets whose beneficial owners were believed to include victims of the Holocaust. (3) In the aftermath of the war, the Congress recognized that some of the victims of the Holocaust whose assets were among those seized or frozen during the war might not have any legal heirs, and legislation was enacted to authorize the transfer of up to $3,000,000 of such assets to organizations dedicated to providing relief and rehabilitation for survivors of the Holocaust. (4) Although the Congress and the Administration authorized the transfer of such amount to the relief organizations referred to in paragraph (3), the enormous administrative difficulties and cost involved in proving legal ownership of such assets, directly or beneficially, by victims of the Holocaust, and proving the existence or absence of heirs of such victims, led the Congress in 1962 to agree to a lump-sum settlement and to provide $500,000 for the Jewish Restitution Successor Organization of New York, such sum amounting to \1/6\th of the authorized maximum level of ``heirless'' assets to be transferred. (5) In June of 1997, a representative of the Secretary of State, in testimony before the Congress, urged the reconsideration of the limited $500,000 settlement. (6) While a precisely accurate accounting of ``heirless'' assets may be impossible, good conscience warrants the recognition that the victims of the Holocaust have a compelling moral claim to the unrestituted portion of assets referred to in paragraph (3). (7) Furthermore, leadership by the United States in meeting obligations to Holocaust victims would strengthen-- (A) the efforts of the United States to press for the speedy distribution of the remaining nearly 6 metric tons of gold still held by the Tripartite Commission for the Restitution of Monetary Gold (the body established by France, Great Britain, and the United States at the end of World War II to return gold looted by Nazi Germany to the central banks of countries occupied by Germany during the war); and (B) the appeals by the United States to the 15 nations claiming a portion of such gold to contribute a substantial portion of any such distribution to Holocaust survivors in recognition of the recently documented fact that the gold held by the Commission includes gold stolen from individual victims of the Holocaust. (b) Purposes.--The purposes of this Act are as follows: (1) To provide a measure of justice to survivors of the Holocaust all around the world while they are still alive. (2) To authorize the appropriation of an amount which is at least equal to the present value of the difference between the amount which was authorized to be transferred to successor organizations to compensate for assets in the United States of heirless victims of the Holocaust and the amount actually paid in 1962 to the Jewish Restitution Successor Organization of New York for that purpose. (3) To facilitate efforts by the United States to seek an agreement whereby nations with claims against gold held by the Tripartite Commission for the Restitution of Monetary Gold would contribute all, or a substantial portion, of that gold to charitable organizations to assist survivors of the Holocaust. SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION. (a) Directions to the President.--The President shall direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold, established pursuant to Part III of the Paris Agreement on Reparation, to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation, with claims against the monetary gold pool in the jurisdiction of such Commission, contribute all, or a substantial portion, of such gold to charitable organizations to assist survivors of the Holocaust. (b) Authority To Obligate the United States.-- (1) In general.--From funds otherwise unobligated in the Treasury of the United States, the President is authorized to obligate subject to paragraph (2) an amount not to exceed $30,000,000 for distribution in accordance with subsections (a) and (b). (2) Conformance with budget act requirement.--Any budget authority contained in paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES. (a) Authorization of Appropriations.--There are authorized to be appropriated to the President such sums as may be necessary for fiscal years 1998, 1999, and 2000, not to exceed a total of $25,000,000 for all such fiscal years, for distribution to organizations as may be specified in any agreement concluded pursuant to section 102. (b) Archival Research.--There are authorized to be appropriated to the President $5,000,000 for archival research and translation services to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. TITLE II--WORKS OF ART SEC. 201. FINDINGS. Congress finds as follows: (1) Established pre-World War II principles of international law, as enunciated in Articles 47 and 56 of the Regulations annexed to the 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land, prohibited pillage and the seizure of works of art. (2) In the years since World War II, international sanctions against confiscation of works of art have been amplified through such conventions as the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which forbids the illegal export of art work and calls for its earliest possible restitution to its rightful owner. (3) In defiance of the 1907 Hague Convention, the Nazis extorted and looted art from individuals and institutions in countries it occupied during World War II and used such booty to help finance their war of aggression. (4) The Nazis' policy of looting art was a critical element and incentive in their campaign of genocide against individuals of Jewish and other religious and cultural heritage and, in this context, the Holocaust, while standing as a civil war against defined individuals and civilized values, must be considered a fundamental aspect of the world war unleashed on the continent. (5) Hence, the same international legal principles applied among states should be applied to art and other assets stolen from victims of the Holocaust. (6) In the aftermath of the war, art and other assets were transferred from territory previously controlled by the Nazis to the Union of Soviet Socialist Republics, much of which has not been returned to rightful owners. SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE PROPERTY, SUCH AS WORKS OF ART. It is the sense of the Congress that consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the President to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the President to obligate up to $30 million for such distribution. Authorizes appropriations, including appropriations for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

Holocaust Victims Redress Act

SECTION 1. FINDINGS. The Congress makes the following findings: (1) The right of the people of the United States to freedom of speech, particularly as it relates to comment on governmental activities, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the public to obtain facts and information about the Government upon which to base their judgments regarding important issues and events. As the United States Supreme Court articulated in Craig v. Harney (1947), ``A trial is a public event. What transpires in the court room is public property.''. (2) The right of the people of the United States to a free press, with the ability to report on all aspects of the conduct of the business of government, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the news media to gather facts and information freely for dissemination to the public. (3) The right of the people of the United States to petition the Government to redress grievances, particularly as it relates to the manner in which the Government exercises its legislative, executive, and judicial powers, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the availability to the public of information about how the affairs of government are being conducted. As the Supreme Court noted in Richmond Newspapers, Inc. v. Commonwealth of Virginia (1980), ``People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.'' (4) In the twenty-first century, the people of the United States obtain information regarding judicial matters involving the Constitution, civil rights, and other important legal subjects principally through the print and electronic media. Television, in particular, provides a degree of public access to courtroom proceedings that more closely approximates the ideal of actual physical presence than newspaper coverage or still photography. (5) Providing statutory authority for the courts of the United States to exercise their discretion in permitting televised coverage of courtroom proceedings would enhance significantly the access of the people to the Federal judiciary. (6) Inasmuch as the first amendment to the Constitution prevents Congress from abridging the ability of the people to exercise their inherent rights to freedom of speech, to freedom of the press, and to petition the Government for a redress of grievances, it is good public policy for the Congress affirmatively to facilitate the ability of the people to exercise those rights. (7) The granting of such authority would assist in the implementation of the constitutional guarantee of public trials in criminal cases, as provided by the sixth amendment to the Constitution. As the Supreme Court stated in In re Oliver (1948), ``Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. The knowledge that every criminal trial is subject to contemporaneous review in the forum of public opinion is an effective restraint on possible abuse of judicial power.''. SEC. 2. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT PROCEEDINGS. (a) Authority of Appellate Courts.--Notwithstanding any other provision of law, the presiding judge of an appellate court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (b) Authority of District Courts.-- (1) In general.--Notwithstanding any other provision of law, any presiding judge of a district court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (2) Obscuring of witnesses.--(A) Upon the request of any witness in a trial proceeding other than a party, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding. (B) The presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request that his or her image and voice be obscured during the witness' testimony. (c) Advisory Guidelines.--The Judicial Conference of the United States is authorized to promulgate advisory guidelines to which a presiding judge, in his or her discretion, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described in subsections (a) and (b). SEC. 3. DEFINITIONS. In this Act: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than one judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. SEC. 4. SUNSET. The authority under section 2(b) shall terminate on the date that is 3 years after the date of the enactment of this Act.

Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of his or her right to make such request. Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act.

To allow media coverage of court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Tax Credit Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Supplemental Poverty Measure of the Bureau of the Census, the Child tax credit and earned income tax credit lift more children out of poverty than any other Federal policy. According to research published by the Century Foundation, the child tax credit alone now lifts nearly 1 in 8 children who would otherwise be poor out of poverty. (2) Despite the success of the child tax credit, economists have found that families with young children often receive the smallest child tax credits because they do not yet have enough income to receive the full benefit of the credit. (3) Pediatricians and other child development experts have long talked about the critical importance of the earliest years of life. (4) Economists have found similar effects of the importance of income in the earliest years with returns to school achievement. (5) Young children, including babies and toddlers, are among the poorest people in the country by age. (6) Economists have found that large fluctuations in a family's income can be detrimental to the development of young children. Research on scarcity has found it is hard for parents to focus on children if they are worrying about having sufficient income to meet their family's needs. (7) Indexing the value of the child tax credit would end the slow erosion of the child tax credit due to inflation. SEC. 3. YOUNG CHILD TAX CREDIT. (a) Special Rule for Young Children.--Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(h) Young Child Tax Credit.-- ``(1) In general.--In the case of a young qualifying child, subsection (a) shall be applied for the taxable year (after the application of subsection (i)) by substituting `$3,600' for `$1,000'. ``(2) Young qualifying child.--For purposes of paragraph (1), the term `young qualifying child' means a qualifying child who has not attained age 6 as of the close of such taxable year. ``(3) Limitation based on adjusted gross income.--For purposes of applying subsection (b) with respect to a young qualifying child, paragraph (1) of subsection (b) shall be applied by substituting `$180' for `$50'. ``(4) Credit refundable.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the credit which would be allowed under this section without regard to this subsection, subsection (d), and the limitation under section 26(a). The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). ``(5) Reconciliation of credit and advance credit.-- ``(A) In general.--The amount of the credit allowed under subsection (a) by reason of paragraph (1) for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527A for such taxable year. ``(B) Excess advance payments.--If the aggregate amount of advance payments under section 7527A for the taxable year exceeds the amount of the credit allowed under subsection (a) by reason of paragraph (1) for such taxable year (determined without regard to subparagraph (A)), the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess.''. (b) Advance Payment of Credit.--Chapter 77 of such Code is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF YOUNG CHILD TAX CREDIT. ``(a) In General.--As soon as practicable and not later than 1 year after the date of the enactment of this section, the Secretary shall establish a program for making advance payments of the credit allowed under section 24 by reason of subsection (h) thereof on a monthly basis, or as frequently as the Secretary determines to be administratively feasible, to taxpayers allowed such credit (determined without regard to section 24(h)(5)(A)). ``(b) Limitation.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made to any taxpayer during the taxable year does not exceed the amount determined under section 24(h) with respect to such taxpayer (determined without regard to subsections (b) and (f) of such section). Such program shall make reasonable efforts to apply the limitation of section 24(b) with respect to payments made under such program.''. (c) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``24(h),'' after ``24(d),''. (2) Section 6402(m) of such Code is amended by inserting ``or (h)'' after ``subsection (d)''. (3) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of young child tax credit.''. (4) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``24(h),'' before ``25A,''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. (2) Advance payment program.--The Secretary of the Treasury, or his designee, shall establish the program described in section 7527A of the Internal Revenue Code of 1986 (as added by this section) not later than such date. SEC. 4. MODIFICATIONS OF THE CHILD TAX CREDIT. (a) Refundable Portion.--Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) 45 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year, or''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2016. SEC. 5. ADJUSTMENTS FOR INFLATION. (a) In General.--Section 24 of the Internal Revenue Code of 1986, as amended by sections 3 and 4, is amended by adding at the end the following new subsection: ``(i) Inflation Adjustments.-- ``(1) Credit amount generally.--In the case of any taxable year beginning in a calendar year after 2016, the $1,000 amount contained in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) 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 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Young child credit amount.--In the case of any taxable year beginning in a calendar year after 2017, the $3,600 amount contained in subsection (h)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) 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 2016' for `calendar year 1992' in subparagraph (B) thereof. ``(3) Rounding.--Any increase determined under paragraph (1) or (2) shall be rounded to the nearest multiple of $50.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2016.

Child Tax Credit Improvement Act This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) allow taxpayers an increased $3,600 tax credit for each young child under the age of six (young child tax credit), subject to specified limitations based on adjusted gross income; (2) require the Department of the Treasury to establish a program to make advance payments of the young child tax credit; (3) modify the refundable portion of the child tax credit; and (4) require annual inflation adjustments for both the child tax credit and the young child tax credit.

Child Tax Credit Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Girls' Access to Education in Vulnerable Settings Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As of June 2018, more than 68,000,000 people have been displaced by disasters and conflicts around the world, the highest number recorded since the end of World War II, of which more than 25,000,000 people are refugees. (2) More than half of the population of refugees are children and, according to the United Nations High Commissioner for Refugees, nearly 4,000,000 school-aged refugee children lack access to primary education. (3) Education offers socioeconomic opportunities, psychological stability, and physical protection for displaced people, particularly for women and girls, who might otherwise be vulnerable to severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)), child marriage, sexual exploitation, or economic disenfranchisement. (4) Displaced children face considerable barriers to accessing educational services and, because the duration of such displacement is, on average, 26 years, such children may spend the entirety of their childhood without access to such services. (5) Despite the rising need for educational services, as of 2016, less than two percent of humanitarian aid was directed toward educational services. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in the design, implementation, and evaluation of related United States foreign assistance policies and programs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) partner with and encourage other countries, public and private multilateral institutions, and nongovernmental and civil society organizations, including faith-based organizations and organizations representing parents and children, to support efforts to ensure that displaced children have access to safe primary and secondary education; (2) work with donors to enhance training and capacity- building for the governments of countries hosting significant numbers of displaced people to design, implement, and monitor programs to effectively address barriers to such education; and (3) coordinate with the governments of countries hosting significant numbers of displaced people to-- (A) promote the inclusion of displaced children into the educational systems of such countries; and (B) in circumstances in which such inclusion is difficult, develop innovative approaches to providing safe primary and secondary educational opportunities, such as encouraging schools to permit children to be educated by extending the hours of schooling or expanding the number of teachers. SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR DISPLACED CHILDREN. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that-- (1) provide safe primary and secondary education for displaced children; (2) build the capacity of institutions in countries hosting displaced people to prevent discrimination against displaced children, especially displaced girls, who seek access to such education; and (3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities responsible for educational or youth services in such host countries. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations to work with governments in other countries to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity, in order to improve the targeting, monitoring, and evaluation of related assistance efforts. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with private sector and civil society organizations to promote safe primary and secondary education for displaced children. SEC. 6. REPORT. The Secretary and the Administrator shall include in the report required under section 7 of the READ Act (division A of Public Law 115- 56; 22 U.S.C. 2151c note) a description of any primary or secondary educational services supported by programs for natural or manmade disaster relief or response that specifically address the needs of displaced girls. Passed the Senate December 12, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1580 _______________________________________________________________________ AN ACT To enhance the transparency, improve the coordination, and intensify the impact of assistance to support access to primary and secondary education for displaced children and persons, including women and girls, and for other purposes.

Protecting Girls' Access to Education in Vulnerable Settings Act This bill urges the consideration of the educational needs of vulnerable women and girls in designing, implementing, and evaluating U.S. foreign assistance policies and programs. The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity; and work with domestic and foreign private sector and civil society organizations to promote safe, primary and secondary education for displaced children.

Protecting Girls’ Access to Education in Vulnerable Settings Act

SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF ENTRY. Section 13(a) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Whoever with a drug or alcohol in his or her body operates a motor vehicle at a land border port of entry in a manner that is punishable, because of the presence of the drug or alcohol, if committed within the jurisdiction of the State in which that land border port of entry is located (under the laws of that State in force at the time of the act) shall be guilty of a like offense and subject to a like punishment. ``(3) Any individual who operates a motor vehicle at a land border port of entry is deemed to have given consent to submit to a chemical or other test of the blood, breath, or urine of the driver by an officer or employee of the Immigration and Naturalization Service authorized under section 287(h) of the Immigration and Nationality Act (8 U.S.C. 1357(h)) for the purpose of determining the presence or concentration of a drug or alcohol in such blood, breath, or urine. ``(4) If an individual refuses to submit to such a test after being advised by the officer or employee that the refusal will result in notification under this paragraph, the Attorney General shall give notice of the refusal to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(5) The Attorney General shall give notice of a conviction of an individual under this section for operation of a motor vehicle at a land border port of entry with a drug or alcohol in the body of the individual, to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(6) For purposes of this subsection, the term `land border port of entry' means any land border port of entry (as defined in section 287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3))) that was not reserved or acquired as provided in section 7 of this title.''. SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR ALCOHOL. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(h)(1) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General is inspecting a driver at a land border port of entry and has reasonable grounds to believe that, because of alcohol in the body of the driver, operation of a motor vehicle by the driver is an offense under section 13 of title 18, United States Code, the officer or employee may require the driver to submit to a test of the breath of the driver to determine the presence or concentration of the alcohol. ``(2) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General arrests a driver under this section for operation of a motor vehicle in violation of section 13 of title 18, United States Code, because of a drug or alcohol in the body of the driver, the officer or employee may require the driver to submit to a chemical or other test to determine the presence or concentration of the drug or alcohol in the blood, breath, or urine of the driver. ``(3) For purposes of this subsection: ``(A) The term `driver' means an individual who is operating a motor vehicle at a land border port of entry. ``(B) The term `land border port of entry' means any immigration checkpoint operated by the Immigration and Naturalization Service at a land border between a State (as that term is used in section 13 of title 18, United States Code) and a foreign state.''. SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 294 (8 U.S.C. 1363a) the following: ``notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol ``Sec. 295. At each point where motor vehicles regularly enter a land border port of entry (as defined in section 287(h)(3)), the Attorney General shall post a notice that operation of a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry is an offense under Federal law.''. (b) Clerical Amendment.--The first section of the Immigration and Nationality Act is amended in the table of contents by inserting after the item relating to section 294 the following: ``Sec. 295. Notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol.''. SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG OR ALCOHOL. Not more than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations authorizing an officer or employee of the Immigration and Naturalization Service to impound a vehicle, if the individual who operates the vehicle refuses to submit to a chemical or other test under section 13(a)(3) of title 18, United States Code. SEC. 5. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act.

(Sec. 2) Amends the Immigration and Nationality Act (INA) to authorize an INS officer who: (1) inspects a driver at a land border port of entry and who has reasonable grounds to believe that the driver may be operating a motor vehicle in violation of State laws to require the driver to submit to a breath test to determine the presence or concentration of the alcohol; and (2) arrests a driver for such prohibited operation of a motor vehicle to require the driver to submit to a drug or alcohol test. (Sec. 3) Amends the INA to require the Attorney General, at each point where motor vehicles regularly enter a land border port of entry, to post a notice that operation of a motor vehicle with a drug or alcohol in the driver's body at a land border port of entry is an offense under Federal law. (Sec. 4) Directs the Attorney General to issue regulations authorizing an INS officer to impound a vehicle if the individual who operates it refuses to submit to such a test.

To amend title 18, United States Code, to make it illegal to operate a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Exploitation Through Trafficking Act of 2014''. SEC. 2. SAFE HARBOR INCENTIVES. Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended-- (1) in section 1701(c), by striking ``where feasible'' and all that follows, and inserting the following: ``where feasible, to an application-- ``(1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or ``(2) from an applicant in a State that has in effect a law that-- ``(A) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; ``(B) discourages the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); or ``(C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services.''; and (2) in section 1709, by inserting at the end the following: ``(5) `commercial sex act' has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102). ``(6) `minor' means an individual who has not attained the age of 18 years. ``(7) `severe form of trafficking in persons' has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).''. SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN TRAFFICKING OFFENSES. Section 105(d)(7)(Q) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended-- (1) by inserting after ``1590,'' the following: ``1591,''; (2) by striking ``and 1594'' and inserting ``1594, 2251, 2251A, 2421, 2422, and 2423''; (3) in clause (iv), by striking ``and'' at the end; (4) in clause (v), by striking ``and'' at the end; and (5) by inserting after clause (v) the following: ``(vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, United States Code, the amount of restitution required to be paid under each such order, and the amount of restitution actually paid pursuant to each such order; and ``(vii) the age, gender, race, country of origin, country of citizenship, and description of the role in the offense of individuals convicted under each offense; and''. SEC. 4. NATIONAL HUMAN TRAFFICKING HOTLINE. Section 107(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) National human trafficking hotline.-- Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.''. SEC. 5. JOB CORPS ELIGIBILITY. Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2884(3)) is amended by adding at the end the following: ``(F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph.''. SEC. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS SERVICE. Section 566(e)(1) of title 28, United States Code, is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (C), the following: ``(D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.''. Passed the House of Representatives May 20, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on May 13, 2014. Stop Exploitation Through Trafficking Act of 2014 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. (Sec. 3) Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. (Sec. 4) Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. (Sec. 5) Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. (Sec. 6) Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children.

Stop Exploitation Through Trafficking Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Athletics Accountability Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Participation in sports results in many long-term physical and psychological health benefits for girls. For instance-- (A) providing opportunities to play sports in school is one key way to combat the rising rates of childhood obesity, which is caused in large part by physical inactivity; (B) girls who participate in sports have lower rates of heart disease, breast cancer, and osteoporosis; and (C) girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, and are more likely to have a positive body image than female non-athletes. (3) Participation in sports promotes responsible social behaviors and greater academic success among girls. For instance-- (A) girls who participate in sports are more likely to refrain from sexual activity, are more likely to defer having sex until a later age and to have fewer sex partners, and are half as likely to experience an unintended pregnancy as compared to female non- athletes; (B) girls who participate in sports have higher graduation rates, receive better grades, and score higher on standardized tests than female students in general; (C) girls who participate in sports have more positive attitudes towards science, a field traditionally predominated by males; (D) girls who participate in sports are less likely to smoke or use illegal drugs; (E) girls who participate in sports often have strengthened family relationships, including with their fathers and other male family members; and (F) girls who participate in sports learn important professional lessons that have a lifelong influence (Eighty percent of women identified as key leaders in Fortune 500 companies participated in sports while growing up, and 82 percent of executive businesswomen played sports, with the majority saying lessons learned on the playing field contributed to their success in business.). (4) The opportunity to play sports in secondary school helps many middle- and low-income students--who might otherwise be unable to attend college--to gain access to higher education. (5) Physical inactivity is much more common among females than males. (6) Girls who are not involved in physical activity by age 10 have only a 10 percent chance of being athletic when they are 25. (7) Girls receive 1,100,000 fewer opportunities to play high school sports than do boys, which translate into many lost opportunities for athletic participation and scholarships. (8) Several reports indicate that girls' teams often receive inferior opportunities and benefits in other aspects of athletics programs, including overall budgets; equipment; uniforms; locker rooms and practice and competitive facilities; scheduling of practices, games, and sports seasons; training and medical services; coaches; and publicity. (9) Students and parents should be aware of the athletic opportunities and benefits that their schools provide to male and female students. (10) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school level, students may be deprived of opportunities to play sports and to attend college on an athletic scholarship. SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. EQUALITY IN ATHLETIC PROGRAMS. ``(a) Report.--Each coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: ``(1) The number of male and female students that attended the school. ``(2) A listing of the teams that competed in athletic competition and for each such team the following data: ``(A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant's gender. ``(B) The year the team began. ``(C) The total budget and expenditures for the team, including a listing of the following data: ``(i) The travel budget and expenditures. ``(ii) The equipment budget and expenditures (including any equipment replacement schedule). ``(iii) The uniform budget and expenditures (including any uniform replacement schedule). ``(iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. ``(v) The budget and expenditures for training and medical facilities and services. ``(vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. ``(D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(i) gender; ``(ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and ``(iii) qualifications, including whether the person is a professional or student. ``(E) The total number of coaches, and for each coach an identification of such coach's-- ``(i) gender; ``(ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and ``(iii) qualifications, including whether the person is a professional or student. ``(F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. ``(G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. ``(H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. ``(I) The season in which the team competed. ``(J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(3) The average annual institutional salary attributable to coaching of the head coaches of men's teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women's teams, across all offered sports. ``(4) The average annual institutional salary attributable to coaching of the assistant coaches of men's teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women's teams, across all offered sports. ``(b) Special Rule.--For the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach's salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach's responsibilities for the different teams. ``(c) Disclosure of Information to Students and Public.--A coeducational elementary or secondary school described in subsection (a) shall-- ``(1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and ``(2) ensure that all students at the school are informed of their right to request such information. ``(d) Submission; Information Availability.--On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). ``(e) Duties of Commissioner for Education Statistics.--The Commissioner for Education Statistics shall-- ``(1) ensure that reports under this section are made available to the public within a reasonable period of time; and ``(2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed.''.

High School Athletics Accountability Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools, if they participate in any ESEA program, to: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available to their students and potential students, upon request, and to the public.

To amend the Elementary and Secondary Education Act of 1965 to direct certain coeducational elementary and secondary schools to make available information on equality in school athletic programs, and for other purposes.

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 adding at the end the following new subsection: ``(r) 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 January 23, 2007. Attest: KAREN L. HAAS, Clerk.

District of Columbia and United States Territories Circulating Quarter Dollar Program Act - (Sec. 2) Requires quarter dollar coins issued during 2009 to have designs on the reverse side which are emblematic of the District of Columbia and the territories. Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Requires the design on the reverse side of each quarter dollar issued during 2009 to 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. Prohibits inclusion in the design of any quarter dollar any head and shoulders portrait or bust of any person, living or dead, including any portrait of a living person. Sets forth a timing and order of issuance in equal sequential intervals.

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 ``Wind Power Tax Incentives Act of 2005''. SEC. 2. OFFSET OF PASSIVE ACTIVITY LOSSES AND CREDITS OF AN ELIGIBLE TAXPAYER FROM WIND ENERGY FACILITIES. (a) In General.--Section 469 of the Internal Revenue Code of 1986 (relating to passive activity losses and credits limited) is amended-- (1) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (2) by inserting after subsection (k) the following: ``(l) Offset of Passive Activity Losses and Credits From Wind Energy Facilities.-- ``(1) In general.--Subsection (a) shall not apply to the portion of the passive activity loss, or the deduction equivalent (within the meaning of subsection (j)(5)) of the portion of the passive activity credit, for any taxable year which is attributable to all interests of an eligible taxpayer in qualified facilities described in section 45(d)(1). ``(2) Eligible taxpayer.--For purposes of this subsection-- ``(A) In general.--The term `eligible taxpayer' means, with respect to any taxable year, a taxpayer the adjusted gross income (taxable income in the case of a corporation) of which does not exceed $1,000,000. ``(B) Rules for computing adjusted gross income.-- Adjusted gross income shall be computed in the same manner as under subsection (i)(3)(F). ``(C) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer for purposes of this paragraph. ``(D) Pass-thru entities.--In the case of a pass- thru entity, this paragraph shall be applied at the level of the person to which the credit is allocated by the entity.''. (b) Effective Date.--The amendments made by this section shall apply to facilities placed in service after the date of the enactment of this Act. SEC. 3. APPLICATION OF CREDIT TO COOPERATIVES. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(10) Allocation of credit to shareholders of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned pro rata among shareholders of the organization on the basis of the capital contributions of the shareholders to the organization. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to any shareholders under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and ``(ii) shall be included in the amount determined under subsection (a) for the taxable year of the shareholder with or within which the taxable year of the organization ends. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such shareholders under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Wind Power Tax Incentives Act of 2005 - Amends the Internal Revenue Code to permit: (1) individual taxpayers with adjusted gross incomes (taxable incomes in the case of corporate taxpayers) of $1 million or less to offset passive activity losses and credits from energy-producing wind facilities against regular income; and (2) tax-exempt cooperative organizations (including farmers' cooperatives) to apportion pro rata among their shareholders tax credits received for investment in energy-producing wind facilities.

A bill to amend the Internal Revenue Code of 1986 to encourage investment in facilities using wind to produce electricity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Slave Memorial Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Millions of Africans and their descendants were enslaved in the United States and the 13 American colonies in the period 1619 through 1865. (2) The American Colonies determined that economic benefit would be derived from the import of slave labor and forthwith became an active participant in the ``Middle Passage'' of African slaves to its shores. (3) Upon their arrival in North America, Africans were considered chattel and thereby denied the privileges granted to other immigrants. (4) The agricultural resources of any nation are the backbone of its subsistence and for over 250 years, millions of unnamed African and American-born Black men, women, and children provided the free labor that cultivated the fields from which Americans ate and were clothed, which allowed the dominant population to secure other interests. (5) Slavery was a grave injustice that caused African Americans to suffer enormous damages and losses, both material and intangible, including the loss of human dignity and liberty, the frustration of careers and professional lives, and the long-term loss of income and opportunity. (6) Slavery in the United States denied African Americans the fruits of their own labor and was an immoral and inhumane deprivation of life, liberty, the pursuit of happiness, citizenship rights, and cultural heritage. (7) Although the achievements of African Americans in overcoming the evils of slavery stand as a source of tremendous inspiration, the successes of slaves and their descendants do not overwrite the failure of the Nation to grant all Americans their birthright of equality and the civil rights that safeguard freedom. (8) Many African American slaves fought as valiant patriots in the wars that helped to preserve our national freedoms, knowing they would never be privileged to partake of the freedoms for which they fought. (9) African American art, history, and culture reflect experiences of slavery and freedom, and continued struggles for full recognition of citizenship and treatment with human dignity, and there is inadequate presentation, preservation, and recognition of the contributions of African Americans within American society. (10) There is a great need for building institutions and monuments to promote cultural understanding of African American heritage and further enhance racial harmony. (11) It is proper and timely for the Congress to recognize June 19, 1865, the historic day when the last group of slaves were informed of their freedom, to acknowledge the historic significance of the abolition of slavery, to express deep regret to African Americans, and to support reconciliation efforts. SEC. 3. NATIONAL SLAVE MEMORIAL. (a) In General.--The National Foundation for African American Heritage (in this Act referred to as the ``Foundation''), in consultation with the Secretary of the Interior, is authorized to establish, in the District of Columbia, a memorial to slavery-- (1) to acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American Colonies; and (2) to honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty contribution to the United States. (b) Location.-- (1) In general.--The memorial shall be situated in a location that is-- (A) within the area that is referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area 1 and in proximity to the Lincoln Memorial; and (B) recommended by the Secretary of the Interior and the National Capital Memorial Commission not later than 6 months after the date of enactment of this Act. (2) Compliance with commemorative works act.--This Act shall be treated as satisfying the authorization and location approval requirements of section 6 of the Commemorative Works Act (40 U.S.C. 1006). (c) Design.--The Foundation, in consultation with the Secretary of the Interior, and the National Capital Memorial Commission shall-- (1) not later than 6 months after the date of enactment of this Act, begin soliciting proposals for the design of the memorial from architects; and (2) not later than 2 years after the date of enactment of this Act, select a design for the memorial from the proposals submitted to the Secretary. (d) Funding.-- (1) In general.--The Secretary of the Interior, in coordination with the Director of the Smithsonian Institution, may accept donations of any necessary funds from the Foundation and other private sector sources to design, construct, and maintain the memorial. (2) Account in treasury.--The Secretary shall deposit amounts that are accepted under this subsection into a separate account in the Treasury established for such purpose. Amounts deposited into the account shall be available for expenditure by the Secretary without further appropriation to carry out this Act. SEC. 4. REPORTS. (a) Periodic Reports.--Not later than 6 months after the date of enactment of this Act, and each 6 months thereafter until the submission of a final report under subsection (b), the Secretary of the Interior shall transmit to the Congress a report on activities with regard to the memorial. (b) Final Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a final report on activities with regard to the memorial, including the recommended design of the memorial. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subject to subsection (b), there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for carrying out this Act. (b) Limitation.--No sums may be appropriated to the Secretary for the construction of the memorial unless at least one-half of the estimated total cost of the construction of the memorial is donated from private sources pursuant to section 3(d).

National Slave Memorial Act - Authorizes the National Foundation for African American Heritage to establish, in the District of Columbia, a memorial to slavery to: (1) acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies; and (2) honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty U.S. contribution.

To authorize the Secretary of the Interior to establish a memorial to slavery, in the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Christopher and Dana Reeve Quality of Life for Persons with Paralysis Act''. SEC. 2. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may study the unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. The Secretary may carry out such projects directly and through awards of grants or contracts. (b) Certain Activities.--Activities under subsection (a) may include-- (1) the development of a national paralysis and physical disability quality-of-life action plan, to promote health and wellness in order to enhance full participation, independent living, self-sufficiency, and equality of opportunity in partnership with voluntary health agencies focused on paralysis and other physical disabilities, to be carried out in coordination with the State-based Comprehensive Paralysis and Other Physical Disability Quality of Life Program of the Centers for Disease Control and Prevention; (2) support for programs to disseminate information involving care and rehabilitation options and quality-of-life grant programs supportive of community-based programs and support systems for persons with paralysis and other physical disabilities; (3) in collaboration with other centers and national voluntary health agencies, the establishment of a hospital- based registry, and the conduct of relevant population-based research, on motor disability (including paralysis); and (4) the development of comprehensive, unique, and innovative programs, services, and demonstrations within existing State-based disability and health programs of the Centers for Disease Control and Prevention which are designed to support and advance quality-of-life programs for persons living with paralysis and other physical disabilities focusing on-- (A) caregiver education; (B) physical activity; (C) education and awareness programs for health care providers; (D) prevention of secondary complications; (E) home- and community-based interventions; (F) coordination of services and removal of barriers that prevent full participation and integration into the community; and (G) recognition of the unique needs of underserved populations. (c) Grants.--In carrying out subsection (a), the Secretary may award grants in accordance with the following: (1) To State and local health and disability agencies for the purpose of-- (A) establishing paralysis registries for the support of relevant population-based research; (B) developing comprehensive paralysis and other physical disability action plans and activities focused on the items listed in subsection (b)(4); (C) assisting State-based programs in establishing and implementing partnerships and collaborations that maximize the input and support of people with paralysis and other physical disabilities and their constituent organizations; (D) coordinating paralysis and physical disability activities with existing State-based disability and health programs; (E) providing education and training opportunities and programs for health professionals and allied caregivers; and (F) developing, testing, evaluating, and replicating effective intervention programs to maintain or improve health and quality of life. (2) To nonprofit private health and disability organizations for the purpose of-- (A) disseminating information to the public; (B) improving access to services for persons living with paralysis and other physical disabilities and their caregivers; (C) testing model intervention programs to improve health and quality of life; and (D) coordinating existing services with State-based disability and health programs. (d) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate with other activities of the Public Health Service. (e) Report to Congress.--Not later than December 1, 2007, the Secretary shall submit to the Congress a report describing the results of the study under subsection (a) and, as applicable, the national plan developed under subsection (b)(1). (f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated in the aggregate $25,000,000 for the fiscal years 2007 through 2010. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) as science and research have advanced, so too has the need to increase strategic planning across the National Institutes of Health to identify research that is important to the advancement of biomedical science; and (2) research involving collaboration among the national research institutes and national centers of the National Institutes of Health is crucial for advancing research on paralysis and thereby improving rehabilitation and the quality of life for persons living with paralysis and other physical disabilities. Passed the House of Representatives December 9 (legislative day, December 8), 2006. Attest: KAREN L. HAAS, Clerk.

Christopher and Dana Reeve Quality of Life for Persons with Paralysis Act - Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to study the health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of individuals with such conditions. Provides that such activities may include: (1) development of a national paralysis and physical disability quality-of-life action plan; (2) support for programs to disseminate information involving care and rehabilitation options and quality-of-life grant programs; (3) establishment of a hospital-based registry and the conduct of relevant population-based research on motor disability; and (4) development of programs, services, and demonstrations designed to support and advance quality-of-life programs for persons living with paralysis and other physical disabilities. Allows the Secretary to award grants for activities related to paralysis, including to: (1) establish paralysis registries; (2) develop comprehensive paralysis and other physical disability action plans; (3) coordinate paralysis and physical disability activities with existing state-based disability and health programs; (4) provide education and training for health professionals and allied caregivers; (5) develop, test, evaluate, and replicate effective intervention programs to maintain and improve health and quality of life; (6) disseminate information to the public; (7) improve access to services for persons living with paralysis and other physical disabilities and their caregivers; and (8) test model intervention programs to improve health and quality of life. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of Congress that: (1) as science and research have advanced, so too has the need to increase strategic planning across the National Institutes of Health (NIH) to identify research that is important to the advancement of biomedical science; and (2) research involving collaboration among NIH national research institutes and national centers is crucial for advancing research on paralysis.

To enhance and further research into paralysis and to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 3(a)(1). SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a system, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which include the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, Yellowstone Volcano Observatory, and other volcano observatories established under subsection (d); and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; (B) installing new networks on unmonitored volcanoes; and (C) employing geodetic and other components when applicable. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with institutions of higher education and State or territorial agencies designating the institutions of higher education and State or territorial agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Volcano Observatory in Pacific U.S. Territories.-- (1) Feasibility study.--Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire, including underwater volcanic activity in such region. (2) Consultation.--The Secretary shall consult with appropriate territorial and local entities in conducting the study. (3) Cooperative agreement.--If the study required by paragraph (1) determines that such observatories are feasible, then the Secretary, subject to the availability of appropriations, may enter into cooperative agreements under subsection (c)(3) with institutions of higher education or territorial agencies to establish such volcano observatories as part of the National Volcano Early Warning and Monitoring System. (e) Annual Report.--In each of fiscal years 2018 through 2024, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 4. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this Act $15,000,000 for each of fiscal years 2018 through 2024. (b) Effect on Other Sources of Federal Funding.--Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs.

National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, and (2) establish an advisory committee to assist in implementing the system. The USGS may enter into cooperative agreements designating institutions of higher education and state or territorial agencies as volcano observatory partners for the system. The USGS must conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire. If determined to be feasible, the USGS may enter into cooperative agreements with institutions of higher education or territorial agencies to establish such observatories as part of the National Volcano Early Warning and Monitoring System.

National Volcano Early Warning and Monitoring System Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act of 2003''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. ``(2) Contents of the regulations.--The regulations required by paragraph (1) shall-- ``(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; ``(B) protect the safety of each vessel, its crew, and passengers, if any; ``(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems or otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone; ``(D) require such vessels to-- ``(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or ``(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(E) take into consideration different vessel operating conditions; ``(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of aquatic nuisance species; ``(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations; ``(H) assure compliance through-- ``(i) sampling procedures; ``(ii) inspection of records; and ``(iii) imposition of sanctions in accordance with subsection (g)(1); ``(I) be based on the best scientific information available; ``(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(K) include such other matters as the Secretary considers appropriate.''. (b) Treatment Methods Defined.--Section 1003 of such Act (16 U.S.C. 4702) is amended by-- (1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and (2) inserting after paragraph (12) the following: ``(13) `treatment methods' means the treatment of the contents of ballast water tanks, including the sediments within such tanks, to remove or destroy living biological organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; ``(C) thermal methods; or ``(D) other treatment techniques approved by the Secretary;''. (c) Maximizing Public Participation in the Formulation of Required Regulations.--The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by-- (1) publishing an advance notice of proposed rulemaking; (2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; (4) providing not less than 120 days for public comment on the proposed rule; (5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and (6) such other means as the Secretary considers appropriate. (d) Required Regulatory Schedule.-- (1) Issuance of advance notice of proposed rulemaking.-- (A) In general.--The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment made by subsection (a) within 120 days after the date of enactment of this Act. (B) Timetable for implementation.--The advanced notice of proposed rulemaking shall contain a detailed timetable for-- (i) the implementation of treatment methods determined to be technologically available and cost-effective at the time of the publication of the advanced notice of proposed rulemaking; and (ii) the development, testing, evaluation, approval, and implementation of additional technologically innovative treatment methods. (2) Issuance of final regulations.--The Secretary shall issue final regulations-- (A) with respect to the implementation of treatment methods referred to in paragraph (1)(B)(i), by not later than 270 days after the date of enactment of this Act; and (B) with respect to the additional technologically innovative treatment methods referred to in paragraph (1)(B)(ii), by not later than the earlier of-- (i) the date established by the timetable under paragraph (1)(B) for implementation of such methods; or (ii) 720 days after the date of enactment of this Act.

Great Lakes Ecology Protection Act of 2003 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to issue regulations to: (1) prevent the introduction and spread of aquatic nuisance species within the Great Lakes; and (2) among other things require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of such species.Requires the Secretary to maximize public participation in proposed rulemaking with respect to such regulations.

To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the maximum extent practicable, that vessels entering the Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat such ballast water and its sediments through the most effective and efficient techniques available, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hate Crimes Prevention Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim poses a serious national problem; (2) such violence disrupts the tranquility and safety of communities and is deeply divisive; (3) existing Federal law is inadequate to address this problem; (4) such violence affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment or participating in other commercial activity; (5) perpetrators cross State lines to commit such violence; (6) instrumentalities of interstate commerce are used to facilitate the commission of such violence; (7) such violence is committed using articles that have traveled in interstate commerce; (8) violence motivated by bias that is a relic of slavery can constitute badges and incidents of slavery; (9) although many local jurisdictions have attempted to respond to the challenges posed by such violence, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist such jurisdictions; and (10) many States have no laws addressing violence based on the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability, of the victim, while other States have laws that provide only limited protection. SEC. 3. DEFINITION OF HATE CRIME. In this Act, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE. Section 245 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if-- ``(i) death results from the acts committed in violation of this paragraph; or ``(ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2)(A) Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived religion, gender, sexual orientation, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both, if-- ``(I) death results from the acts committed in violation of this paragraph; or ``(II) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce; or ``(ii) the offense is in or affects interstate or foreign commerce.''. SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION. (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency With Other Guidelines.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. SEC. 6. GRANT PROGRAM. (a) Authority To Make Grants.--The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 1998, 1999, and 2000 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 245 of title 18, United States Code (as amended by this Act).

Hate Crimes Prevention Act of 2001 - Amends the Federal criminal code to set penalties for willfully causing bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempting to cause such injury, whether or not acting under color of law, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person, where the offense is in or affects interstate or foreign commerce.Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, to amend the Federal sentencing guidelines to provide sentencing enhancements for such an offense.Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles.Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.

To enhance Federal enforcement of hate crimes, and for other purposes.

SECTION 1. APPEALS PROCESS. (a) Reference.--Whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. (b) Time Period for Decision.--Section 8118 is amended by adding at the end the following: ``(f) A final decision by the agency which first receives a claim shall be made within 90 days of the date the claim is received by the agency. If a final decision on a claim is not made within such 90 days, the claimant shall be authorized continuation of pay under section 8118 from the date compensation benefits were terminated until a final decision is made on such claim.''. (c) Claimant's Physician.--Section 8123(a) is amended by adding at the end the following: ``The Secretary shall provide the claimant's physician with the same opportunity and information as was provided to the physician acting for the Secretary, including the statement of accepted facts and all medical information in the claimant's file.''. (d) Physician Fees.--Section 8123(c) is amended by adding at the end the following: ``The fees paid to physicians acting for the Secretary shall not exceed the fees paid for the claimant's physicians. The claimant's physician and bills for medical services provided the claimant shall be paid within 60 days of the submission of an approved claim.''. (e) Hearing Date.--Section 8124(b)(1) is amended-- (1) by adding after the first sentence the following: ``The hearing shall be held within 90 days of the date the request for a hearing is received by the Secretary.'', and (2) by adding at the end the following: ``If the Secretary does not hold a hearing within 90 days of the date the hearing is requested or if the Secretary does not issue a further decision within 30 days after the hearing ends, the compensation benefits for any claimant challenging a suspension, termination, or reduction in benefits shall be reinstated from the date such benefits were terminated until such time as a decision has been made.''. (f) Conduct of Hearing.-- (1) Administrative law judges.--Section 8124(b)(1) is amended by striking ``on his claim before a representative of the Secretary.'' and inserting a period and the following: ``The hearing shall be conducted by administrative law judges of the Department of Labor.'' (2) Claimant's authority.--Paragraph (2) of section 8124(b) is amended to read as follows: ``(2) In conducting the hearing the Secretary shall follow the requirements of chapter 5 of part I. The claimant shall have the right to confront and cross examine all adverse witnesses and present such evidence as the claimant feels necessary for consideration of the claim. The claimant's employer shall not be present at the hearing but shall be provided an opportunity to comment on the transcript of the hearing.''. (g) Appeals.--Section 8124 is amended-- (1) in subsection (a), by adding after and below paragraph (2) the following: ``After a decision has been made by the Secretary on a claim under this subsection there shall be no further administrative proceedings on the claim. The claimant may make an appeal for judicial review of the Secretary's decision within 90 days of the date the decision is received by the claimant in accordance with chapter 7 of part I.'', and (2) by adding at the end the following: ``(c) After a decision has been made by the Secretary after a hearing on a claim there shall be no further administrative proceedings on the claim. The claimant may make an appeal for judicial review in accordance with chapter 7 of part I.''. (h) Attorneys' Fees.--Section 8127 is amended by adding at the end the following: ``(c) Except as provided in subsection (d), claimant's attorney or representative shall be entitled to receive a fee of 25 percent of the benefits awarded to the claimant or $5,000, whichever is less. The Secretary shall take such action as may be necessary to assure that payment is made directly to the attorney. ``(d) If the claimant prevails in a decision of a Federal court under chapter 7 of part I, the claimant's attorney shall be paid by the Secretary, but not from the claimant's award, for the work of such attorney if the position of the Secretary with respect to such claimant was found under section 2412(c) of title 28 to be not substantially justified.''. (i) Review of Award.--Section 8128 is amended by striking out subsection (b) and by striking out ``(a)'' in subsection (a). (j) Mortgagees and Other Secured Creditors.--Section 8130 is amended by adding at the end the following: ``If a mortgagee or other secured creditor of the primary residential dwelling of a claimant agrees to forebear foreclosure or forfeiture of such dwelling until a final decision is rendered on the claim of the claimant under this chapter, the claimant may give security under rules promulgated by the Secretary to ensure direct payment from the approved award of the Secretary on such claim to such mortgagee or other secured creditor for all delinquent payments, including interest. The Secretary shall not pay, and no liens shall be given, for attorneys' fees, recording costs, penalty clauses, or other charges other than delinquent payments, including interest, to such mortgagee or other secured creditor. No mortgagee or other secured creditor may hold a lien on the claimant's primary residential dwelling for any amount in addition to claimant's delinquent payments, including interest.''. (k) Subrogations and Adjustments.--Section 8132 is amended by adding at the end the following: ``In no case shall a subrogation secured under section 8131 or an adjustment after recovery made under this section exceed the amount the claimant received in an action brought against a person other than the United States for lost wages and medical expenses. In a subrogation under section 8131, the Secretary may not bring an action for loss of consortium or other compensatory or punitive damages other than damages for lost wages and medical expenses.''. (l) Employee's Compensation Appeals Board.--Section 8149 is amended by striking out the second sentence.

Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees.

To change the appeals process in the workers' compensation provisions of title 5, United States Code.

SECTION 1. EXCLUSION FROM GROSS INCOME OF QUALIFIED LESSEE CONSTRUCTION ALLOWANCES NOT LIMITED TO SHORT-TERM LEASES. (a) In General.--Paragraph (1) of section 110(a) of the Internal Revenue Code of 1986 (relating to qualified lessee construction allowances for short-term leases) is amended to read as follows: ``(1) under a lease of retail space, and''. (b) Conforming Amendments.-- (1) Section 110(c) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) The section heading for section 110 of such Code is amended by striking ``for short-term leases''. (3) The item relating to section 110 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking ``for short-term leases''. (c) Effective Date.--The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act. SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN CONTRIBUTIONS TO THE CAPITAL OF RETAILERS. (a) In General.--Section 118 of the Internal Revenue Code of 1986 (relating to contributions to the capital of a corporation) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Safe Harbor for Contributions to Retailers.-- ``(1) General rule.--For purposes of this section, the term `contribution to the capital of the taxpayer' includes any amount of money or other property received by the taxpayer if-- ``(A) the taxpayer has entered into an agreement to operate (or cause to be operated) a qualified retail business at a particular location for a period of at least 15 years, ``(B)(i) immediately after the receipt of such money or other property, the taxpayer owns the land to be used by the taxpayer in carrying on a qualified retail business at such location, or ``(ii) the taxpayer uses such amount to acquire ownership of at least such land, and ``(C) such amount meets the requirements of the expenditure rule of paragraph (2). ``(2) Expenditure rule.--An amount meets the requirements of this paragraph if-- ``(A) an amount equal to such amount is expended for the acquisition of land or for acquisition or construction of other property described in section 1231(b)-- ``(i) which was the purpose motivating the contribution, and ``(ii) which is used predominantly in a qualified retail business at the location referred to in paragraph (1)(A), ``(B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year after the year in which such amount was received, and ``(C) accurate records are kept of the amounts contributed and expenditures made on the basis of the project for which the contribution was made and on the basis of the year of the contribution expenditure. ``(3) Definition of qualified retail business.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified retail business' means a trade or business of selling tangible personal property to the general public. ``(B) Services.--A trade or business shall not fail to be treated as a qualified retail business by reason of sales of services if such sales are incident to the sale of tangible personal property or if the services are de minimis in amount. ``(4) Special rules.-- ``(A) Leases of land.--For purposes of paragraph (1)(B)(i), the taxpayer shall be treated as owning the land referred to in such paragraph if the taxpayer is the lessee of such land under a lease having a term of at least 30 years and on which only nominal rent is required. ``(B) Controlled groups.--For purposes of this subsection, all taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer. ``(5) Disallowance of deductions and credits; adjusted basis.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, the expenditure which constitutes a contribution to capital to which this subsection applies. The adjusted basis of any property acquired with the contributions to which this subsection applies shall be reduced by the amount of the contributions to which this subsection applies.'' (b) Conforming Amendment.--Subsection (e) of section 118 of such Code (as redesignated by subsection (a)) is amended by adding at the end the following flush sentence: ``Rules similar to the rules of the preceding sentence shall apply to any amount treated as a contribution to the capital of the taxpayer under subsection (d).'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act.

Amends the Internal Revenue Code, with respect to the exclusion from a lessee's gross income of qualified construction allowances for short-term leases, to repeal the limitation of such exclusion to short-term leases (thus extending the exclusion to allowances under any lease of retail space). Revises the exclusion from gross income (safe harbor) for certain contributions to the capital of retailers. Extends such exclusion to any amount of money or other property received by the taxpayer if: (1) the taxpayer has entered into an agreement to operate (or cause to be operated) a qualified retail business at a particular location for a period of at least 15 years; (2) immediately after the receipt of such money or other property, the taxpayer owns (or uses such amount to acquire ownership of at least) the land the taxpayer will use in carrying on the business at that location; and (3) an amount equal to such amount is expended within two taxable years (expenditure rule) for the acquisition of land or for acquisition or construction of other property used in the trade or business which was the purpose motivating the contribution, and which is used predominantly in a qualified retail business at the location. Declares that the taxpayer shall be treated as owning the land if the taxpayer is the lessee of such land under a lease having a term of at least 30 years, and on which only nominal rent is required. Disallows any deduction or credit for, or by reason of, the expenditure which constitutes such a contribution to capital.

To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overdraft Fee Notification Act''. SEC. 2. NOTIFICATION OF OVERDRAFT FEE. (a) In General.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following new subsection: ``(d) Notification of Overdraft Fee for In-Person, Automated, Telephonic, and Internet-Based Transactions.-- ``(1) In general.--In the case of any financial institution that provides any overdraft protection service to any consumer on a flat, per-transaction basis in connection with a withdrawal from or debit of the consumer's account at the financial institution in a transaction described in paragraph (2) that would result in an overdraft of such consumer account, no fee or charge may be imposed for such overdraft protection service unless the notice required by this subsection has been provided to the consumer, in the manner required under this subsection, before the completion of the transaction that would result in an overdraft. ``(2) Scope of application.--Paragraph (1) shall apply to any withdrawal from or debit of a consumer's account at a financial institution in a transaction initiated by the consumer as an electronic fund transfer or in person at a branch of the financial institution staffed by employees of the financial institution. ``(3) Automated teller machine transactions.--In the case of any electronic fund transfer initiated by a consumer at any automated teller machine, whether or not such machine is maintained by the financial institution that holds the account of the consumer initiating the transaction, the following disclosure rules shall apply: ``(A) Balance requests.-- ``(i) In general.--In the case of a request by the consumer at the automated teller machine for balance information, the display provided on the machine shall provide such information in a manner that differentiates between-- ``(I) the funds available in the account that are attributable to deposits by or on behalf of the consumer; and ``(II) funds available to the customer from the institution in connection with an overdraft protection service. ``(ii) Overdraft protection service fee amount.--On the same screen of the automated teller machine referred to in clause (i), the display shall provide information on any fee that would be imposed for the provision of any overdraft protection service provided in connection with the transaction. ``(B) Withdrawal or transfer.--In the case of a request by the consumer at the automated teller machine to initiate an electronic fund transfer that can be completed only if an overdraft protection service is provided to the consumer, the display provided on the machine shall provide the following notice, with the blanks filled in appropriately, and the option for the consumer to accept or decline the service: ```This request exceeds your funds available and will result in an overdraft of $__ and the imposition of a fee from your financial institution of $__. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(4) Automated point of sale transaction.--In the case of any electronic fund transfer initiated by a consumer at any automated point-of-sale machine that can be completed only if an overdraft protection service is provided to the consumer for a fee, the following disclosure rules shall apply to the extent a screen operated in conjunction with the machine is available to the consumer for effectuating the transaction: ``(A) Notice of overdraft.--The display provided on the machine shall provide the following notice and the option for the consumer to continue or discontinue the transaction: ```Transaction will result in an overdraft of $__. To continue with your transaction, press ``CONTINUE''. To terminate this transaction, press ``NO''.'. ``(B) Notice of fee.--If the consumer referred to in subparagraph (A) continues with the transaction, the display provided on the machine shall provide the following notice and the option for the consumer to accept or decline the fee: ```A fee of $__ will be imposed for the overdraft. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(5) In-person and telephonic transactions.--In the case of any fund transfer or withdrawal initiated by a consumer in person at a branch of the financial institution staffed by employees of the financial institution or verbally over the telephone, the following disclosure requirements shall apply: ``(A) Balance requests.--If, in the course of the transaction, the amount of the balance in the consumer's account is mentioned or requested, the customer shall be made aware verbally of any distinction between-- ``(i) the funds available in the account that are attributable to deposits by or on behalf of the consumer; and ``(ii) funds available to the customer from the institution in connection with an overdraft protection service. ``(B) Overdraft protection service fee amount.--If the consummation of the withdrawal or fund transfer transaction would result in the imposition of an overdraft protection service fee on the account of the consumer, the consumer shall promptly be informed of such fact and the amount of the fee before the transaction is final. ``(6) Internet and other electronic terminal transactions.--In the case of any electronic fund transfer initiated by the consumer at any electronic terminal or computer, other than an automated teller machine or automated point-of-sale machine meeting the requirements of paragraph (3) or (4), that can be completed only if an overdraft protection service is provided to the consumer for a fee, the display provided on the terminal or computer shall provide the following notice and the option for the consumer to accept or decline the fee: ```This request exceeds your funds available and will result in an overdraft of $__ and the imposition of a fee from your financial institution of $__. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(7) Definitions.--For purposes of this subsection and section 906(c)(5), the following definitions shall apply: ``(A) Annual percentage rate.--The term `annual percentage rate' means the rate of interest determined in the manner provided in section 108 and regulations prescribed by the Board under such section. ``(B) Overdraft protection service.--The term `overdraft protection service' means any service provided by a financial institution holding the account of any consumer pursuant to which any debit against the account is paid by the financial institution even though there are insufficient funds in the account to cover the amount of the debit, however such payment is accomplished, including through the use of overdraft lines of credit, linked accounts, or any overdraft protection program for which the financial institution has not complied with the disclosure requirements under the Truth in Lending Act and regulations prescribed under such Act.''. (b) Information Required in Periodic Statement.--Section 906(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) with respect to each case in which the financial institution was required to provide notice to a customer under any paragraph of section 905(d) of the imposition of an overdraft fee and the amount of the fee during the period covered by the periodic statement, a written statement of the annual percentage rate which the fee represents with respect to the amount of the overdraft in type no smaller than other required disclosures under this subsection, but not less than 8-point type, and in the following form: ```Overdraft Fee Annual Percentage Rate Notice: The overdraft fee resulting from your transaction dated ___ is equal to an Annual Percentage Rate of __% on your overdraft balance of $___.'.''.

Overdraft Fee Notification Act - Amends the Electronic Fund Transfer Act to prohibit a financial institution from imposing any fee or charge for consumer overdraft protection unless it notifies the consumer, in a specified manner, of the fee or charge for such protection before the transaction that would result in an overdraft is completed. Requires such notice for all in-person, automated, telephonic, and Internet-based financial transactions. Requires financial institutions to disclose to the consumer in periodic statements the annual percentage rate of interest which any overdraft protection fee or charge represents.

To amend the Electronic Fund Transfer Act to require notice to the consumer before any fee may be imposed by a financial institution in connection with any transaction for any overdraft protection service provided with respect to such transaction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2015''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISHMENTS. (a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off-premises at the time such order is placed, the information required to be disclosed under items (I) through (IV) may be provided by a remote-access menu (such as a menu available on the Internet) as the sole method of disclosure instead of on-premises writings.''; (2) in subclause (iii)-- (A) by inserting ``either'' after ``a restaurant or similar retail food establishment shall''; and (B) by inserting ``or comply with subclause (ii)'' after ``per serving''; (3) in subclause (iv)-- (A) by striking ``For the purposes of this clause'' and inserting the following: ``(I) In general.--For the purposes of this clause''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Permissible variation.--If the restaurant or similar food establishment uses such means as the basis for its nutrient content disclosures, such disclosures shall be treated as having a reasonable basis even if such disclosures vary from actual nutrient content, including but not limited to variations in serving size, inadvertent human error in formulation or preparation of menu items, variations in ingredients, or other reasonable variations.''; (4) by amending subclause (v) to read as follows: ``(v) Menu variability and combination meals.--The Secretary shall establish by regulation standards for determining and disclosing the nutrient content for standard menu items that come in different flavors, varieties, or combinations, but which are listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts, or children's combination meals. Such standards shall allow a restaurant or similar retail food establishment to choose whether to determine and disclose such content for the whole standard menu item, for a serving or common unit division thereof, or for a serving or common unit division thereof accompanied by the number of servings or common unit divisions in the whole standard menu item. Such standards shall allow a restaurant or similar retail food establishment to determine and disclose such content by using any of the following methods: ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is defined in subclause (iv)(II)).''; (5) in subclause (x)-- (A) by striking ``Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause.'' and inserting ``Not later than 1 year after the date of enactment of the Common Sense Nutrition Disclosure Act of 2015, the Secretary shall issue proposed regulations to carry out this clause, as amended by such Act. Any final regulations that are promulgated pursuant to the Common Sense Nutrition Disclosure Act of 2015, and any final regulations that were promulgated pursuant to this clause before the date of enactment of the Common Sense Nutrition Disclosure Act of 2015, shall not take effect earlier than 2 years after the promulgation of final regulations pursuant to the Common Sense Nutrition Disclosure Act of 2015.''; and (B) by adding at the end the following: ``(IV) Certifications.--Restaurants and similar retail food establishments shall not be required to provide certifications or similar signed statements relating to compliance with the requirements of this clause.''; (6) by amending subclause (xi) to read as follows: ``(xi) Definitions.--In this clause: ``(I) Menu; menu board.--The term `menu' or `menu board' means the one listing of items which the restaurant or similar retail food establishment reasonably believes to be, and designates as, the primary listing from which customers make a selection in placing an order. The ability to order from an advertisement, coupon, flyer, window display, packaging, social media, or other similar writing does not make the writing a menu or menu board. ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Standard menu item.--The term `standard menu item' means a food item of the type described in subclause (i) or (ii) of subparagraph (5)(A) with the same recipe prepared in substantially the same way with substantially the same food components that-- ``(aa) is routinely included on a menu or menu board or routinely offered as a self- service food or food on display at 20 or more locations doing business under the same name; and ``(bb) is not a food referenced in subclause (vii).''; and (7) by adding at the end the following: ``(xii) Opportunity to correct violations.--Any restaurant or similar retail food establishment that the Secretary determines is in violation of this clause shall have 90 days after receiving notification of the violation to correct the violation. The Secretary shall take no enforcement action, including the issuance of any public letter, for violations that are corrected within such 90-day period.''. (b) National Uniformity.--Section 403A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking ``may exempt from subsection (a)'' and inserting ``may exempt from subsection (a) (other than subsection (a)(4))''. SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE WITH NUTRITION LABELING REQUIREMENTS. Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended by adding at the end the following: ``(xiii) Limitation on liability.--A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of-- ``(I) this clause; or ``(II) any State law permitted under section 403A(a)(4).''. Passed the House of Representatives February 12, 2016. Attest: KAREN L. HAAS, Clerk.

Common Sense Nutrition Disclosure Act of 2015 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that chain restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. Reasonable variations in the actual nutrient content of items are permissible, including variations in serving size or ingredients or variations due to inadvertent human error. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this Act cannot take effect earlier than two years after final regulations are promulgated. The FDA must give establishments in violation of nutritional labeling requirements 90 days to correct violations. The FDA may no longer allow states or localities to vary from federal nutritional labeling requirements for chain restaurants. (Sec. 3) Restaurants and retail food establishments are not liable in a civil action for claims regarding federal or state nutritional labeling requirements unless the action is brought by the United States or a state.

Common Sense Nutrition Disclosure Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2002''. SEC. 2. DESIGNS ON THE 5-CENT COIN COMMEMORATING THE BICENTENNIAL OF THE LOUISIANA PURCHASE. (a) In General.--Subject to subsection (b) and after consulting with the Coin Design Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003 and 2004 in commemoration of the bicentennial of the Louisiana Purchase. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003 and 2004, the design shall include an image of President Thomas Jefferson in commemoration of his role with respect to the Louisiana Purchase and the commissioning of the Louis and Clark Expedition to explore the newly acquired territory. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003 and 2004, the design selected shall commemorate the Louisiana Purchase. (3) Other inscriptions.--5-cent coins issued during 2003 and 2004 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 3. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE COMMEMORATION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentences: ``The obverse of any 5-cent coin issued after December 31, 2004, shall bear an image of Thomas Jefferson. The reverse of any 5- cent coin issued after December 31, 2004, shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.-- The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Coin Design Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 4. COIN DESIGN ADVISORY COMMITTEE. (a) In General.--Subchapter III of chapter 51 of title 31, United States Code, is amended by inserting after section 5136 (as amended by section 5 of this Act) the following new section: ``Sec. 5137. Coin Design Advisory Committee (a) Establishment.--There is hereby established the Coin Design Advisory Committee (in this section referred to as the ``Advisory Committee''). ``(b) Membership.-- (1) Appointment.--The Advisory Committee shall consist of 9 members, as follows: ``(A) The Chief of Staff to the Secretary of the Treasury. ``(B) 4 persons appointed by the President-- ``(i) 1 of whom shall be appointed for a term of 4 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) 1 of whom shall be appointed for a term of 4 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) 1 of whom shall be appointed for a term of 3 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; and ``(iv) 1 of whom shall be appointed for a term of 2 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics. ``(C) 1 person appointed by the Speaker of the House of Representatives from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the House of Representatives, who shall serve at the pleasure of the Speaker. ``(D) 1 person appointed by the minority leader of the House of Representatives from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the House of Representatives, who shall serve at the pleasure of the minority leader. ``(E) 1 person appointed by the majority leader of the Senate from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the Senate, who shall serve at the pleasure of the majority leader. ``(F) 1 person appointed by the minority leader of the Senate from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees members of the Senate, who shall serve at the pleasure of the minority leader. ``(2) Continuation of service.--Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed and qualified. ``(3) Vacancy.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Acting officials may serve.--In the event of a vacancy in a position described in paragraph (1)(A), and pending the appointment of a successor, or during the absence or disability of any individual serving in any such position, any individual serving in an acting capacity in any such position may serve on the Advisory Committee while serving in such capacity. ``(4) Chairperson.--The Chairperson of the Advisory Committee shall be the person serving in the position described in paragraph (1)(A) (or serving in an acting capacity in such position). ``(5) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for expenses incurred in connection with attendance of such members at meetings of the Advisory Committee. ``(6) Meetings.--The Advisory Committee shall meet, not less frequently than quarterly, at the call of the chairperson or a majority of the members. ``(7) Quorum.--7 members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advise the Secretary of the Treasury on any design proposals relating to circulating coinage and numismatic items, including congressional gold medals. ``(2) Advise the Secretary of the Treasury with regard to any other proposals or issues relating to any items produced by the United States Mint that the Secretary may request of the Advisory Committee. ``(d) Administrative Support Services.--Upon the request of the Advisory Committee, the Director of the United States Mint shall provide to the Advisory Committee the administrative support services necessary for the Advisory Committee to carry out its responsibilities under this section. ``(e) Annual Report.-- ``(1) Required.--Not later than January 30 of each year, the Advisory Committee shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(f) Federal Advisory Committee Act Does Not Apply.--The Federal Advisory Committee Act shall not apply with respect to the Committee, except that each meeting of the Advisory Committee shall be open to the public following publication of a notice of the meeting in the Federal Register.''.

American 5-Cent Coin Design Continuity Act of 2002 - Authorizes the Secretary of the Treasury to change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003 and 2004 in commemoration of the bicentennial of the Louisiana Purchase.Amends Federal law governing coins and currency to mandate that: (1) the obverse of any 5-cent coin issued after December 31, 2004, bear an image of Thomas Jefferson; and (2) the reverse of any such coin bear an image of the home of Thomas Jefferson at Monticello.Establishes the Coin Design Advisory Committee to advise the Secretary on: (1) design proposals relating to circulating coinage and numismatic items, including congressional gold medals; and (2) any other issues relating to items produced by the U.S. Mint that the Secretary may request.

To ensure continuity for the design of the 5-cent coin, establish the Coin Design Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2002''. SEC. 2. CROP DISASTER ASSISTANCE. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop losses for the 2001 or 2002 crop, or both, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). SEC. 3. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation as are necessary to make and administer payments for livestock losses to producers for 2001 or 2002 losses, or both, in a county that has received a corresponding emergency designation by the President or the Secretary, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). SEC. 4. FUNDING. Of the funds of the Commodity Credit Corporation, the Secretary shall-- (1) use such sums as are necessary to carry out this Act; and (2) transfer to section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) an amount equal to the amount of funds under section 32 of that Act that were made available before the date of enactment of this Act to provide disaster assistance to crop and livestock producers for losses suffered during 2001 and 2002, to remain available until expended. SEC. 5. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 6. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)). SEC. 7. BUDGETARY TREATMENT. Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105-217, the provisions of this Act that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) were it included in an Act other than an appropriation Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902).

Emergency Agricultural Disaster Assistance Act of 2002 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers (without regard to Federal crop insurance coverage) who have incurred qualifying 2001 and/or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and/or 2002 losses in an emergency-designated county, with set-asides for the American Indian livestock program.

A bill to provide emergency disaster assistance to agricultural producers.

. Any ADR used to resolve a health care liability action or claim shall contain provisions relating to statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions relating to such matters in this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Actual damages.--The term ``actual damages'' means damages awarded to pay for economic loss. (2) ADR.--The term ``ADR'' means an alternative dispute resolution system established under Federal or State law that provides for the resolution of health care liability claims in a manner other than through health care liability actions. (3) Claimant.--The term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought. If such action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (4) Clear and convincing evidence.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. Such measure or degree of proof is more than that required under preponderance of the evidence but less than that required for proof beyond a reasonable doubt. (5) Collateral source payments.--The term ``collateral source payments'' means any amount paid or reasonably likely to be paid in the future to or on behalf of a claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of a claimant, as a result of an injury or wrongful death, pursuant to-- (A) any State or Federal health, sickness, income- disability, accident or workers' compensation Act; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; and (D) any other publicly or privately funded program. (6) Drug.--The term ``drug'' has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (7) Economic damages.--The term ``economic damages'' means ojectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, loss due to death, burial costs, and loss of business or employment opportunities. (8) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (9) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a MedicarePlus product (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services. (10) Health care liability action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to alternative dispute resolution against a health care provider, an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit), or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or distribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product, regardless of the theory of liability on which the claim is based or the number of plaintiffs, defendants, or causes of action. (11) Health care liability claim.--The term ``health care liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services or medical products. (12) Health care provider.--The term ``health care provider'' means any person that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (13) Health care service.--The term ``health care service'' means any service for which payment may be made under a health benefit plan including services related to the delivery or administration of such service. (14) Medical product.--The term ``medical product'' means a drug (as defined in section 201(g)(1)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical device (as defined in section 201(h)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any component or raw material used in a drug or device but excluding health care services. (15) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to an individual for pain and suffering, inconvenience, emotional distress, mental anguish, loss of consortium, injury to reputation, humiliation, and other nonpecuniary losses. (16) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (17) Product seller.-- (A) In general.--Subject to subparagraph (B), the term ``product seller'' means a person who, in the course of a business conducted for that purpose-- (i) sells, distributes, rents, leases, prepares, blends, packages, labels, or is otherwise involved in placing, a product in the stream of commerce, or (ii) installs, repairs, or maintains the harm-causing aspect of a product. (B) Exclusion.--Such term does not include-- (i) a seller or lessor of real property; (ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (iii) any person who-- (I) acts in only a financial capacity with respect to the sale of a product; or (II) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (18) Punitive damages.--The term ``punitive damages'' means damages awarded against any person not to compensate for actual injury suffered, but to punish or deter such person or others from engaging in similar behavior in the future. (19) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 8. EFFECTIVE DATE. This Act will apply to any health care liability action brought in a Federal or State court and to any health care liability claim subject to an ADR system, that is initiated on or after the date of enactment of this Act, except that any health care liability claim or action arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred.

Common Sense Medical Malpractice Reform Act of 2003 - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies.(Sec. 3) Establishes a statute of limitations for health care liability actions of one year from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than three years after the date the alleged injury occurred.(Sec. 4) Makes a defendant in any health care liability action liable only for the amount of noneconomic damages attributable to such defendant. Limits total noneconomic damages for an injury to $250,000.Outlines requirements for, and limitations on, the award of punitive damages. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000.Permits defendants to introduce evidence of collateral source payments.(Sec. 5) Specifies limits to contingent fees.(Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for a statute of limitations, noneconomic damages, joint and several liability, punitive damages, a collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions of this Act.

To establish limits on medical malpractice claims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parent or guardian, as determined under State law. ``(5) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3402. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide a simultaneous explanation of what the ultrasound is depicting; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. ``(c) Ability To Turn Eyes Away.--Nothing in this section shall be construed to prevent a pregnant woman from turning her eyes away from the ultrasound images required to be displayed and described to her. Neither the abortion provider nor the pregnant woman shall be subject to any penalty under this title if the pregnant woman declines to look at the displayed ultrasound images. ``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. ``SEC. 3404. PENALTIES FOR FAILURE TO COMPLY. ``(a) Civil Penalties.-- ``(1) In general.--The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed-- ``(A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and ``(B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title. ``(2) Notification.--Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority. ``(b) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. SEC. 4. SEVERABILITY. If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding.

Ultrasound Informed Consent Act Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, and provide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. Prohibits construing this Act to require a woman to view the images or penalizing the provider or the woman if she declines to look at the images. Exempts an abortion provider if the abortion is necessary to save the life of a woman whose life is endangered by a physical condition. Requires the provider to include in the woman's medical file a certification of the specific medical circumstances that support this determination. Authorizes the Attorney General to commence a civil action in federal court against any abortion provider who knowingly violates this Act. Prescribes penalties. Directs the Attorney General to notify the appropriate state medical licensing authority of penalties assessed. Authorizes a woman upon whom an abortion has been performed in violation of this Act to commence a civil action against the provider for actual and punitive damages.

Ultrasound Informed Consent Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2016''. SEC. 2. FINDINGS. Congress finds the following-- (1) As a tool to justify Federal actions by the Department of Energy and the Environmental Protection Agency (hereinafter in this section referred to as the ``EPA'') addressing greenhouse gas emissions, including those regulating or prohibiting the exploration, mining, production, and use of coal as well as other fossil fuels as energy sources, the Social Cost of Carbon (hereinafter in this section referred to as the ``SCC'') and the Social Cost of Methane (hereinafter in this section referred to as the ``SCM'') in theory represent the hypothetical cost of an incremental ton of carbon dioxide (CO<INF>2</INF>) or methane emissions in a given year. (2) Office of Management and Budget (hereinafter in this section referred to as the ``OMB'') Circular A-4 guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 as well as other authorities, instructing agencies to include discount rates of 3 and 7 percent while also evaluating the cost and benefits that accrue to citizens and residents of the United States. (3) First developed in 2009 by an interagency working group, including the Department of Energy and the EPA, the SCC estimates fail to comply with OMB Circular A-4 prescribed discount rates of 3 and 7 percent. (4) While OMB Circular A-4 specifies that an evaluation of the global effects, when undertaken, is to be reported separately from domestic costs and benefits, the SCC instead calculated the global benefits in lieu of and not in addition to the domestic effects. (5) The use of the SCC estimates in Department of Energy and EPA rulemakings prior to any opportunity for public notice and comment violated not only scientific peer-review requirements but also the President's commitment to transparent and open government as outlined in his January 21, 2009, memorandum to the heads of executive departments and agencies. (6) In July 2015, as part of a revision of the SCC in response to over 150 substantive comments and in acknowledgment of the faulty process by which the SCC estimates were developed, the OMB requested the National Academies of Science, Engineering and Medicine (hereinafter in this section referred to as the ``NAS'') review and make recommendations for the improvement of the SCC estimates. (7) Shortly after the commencement of the NAS review, the EPA, without appropriate peer review and an opportunity for public notice and comment, utilized the EPA-developed SCM estimates in justifying the costs and benefits of the September 2015 proposed and recently finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector. (8) Continued use by the Department of Energy and the EPA of the SCC and the SCM ignores sound science in order to eliminate the exploration, mining, production, and use of our abundant domestic sources of fossil fuel energy. (9) The Department of Energy and EPA regulations, which are costing American families billions of dollars per year, are being justified in large part by SCC and SCM estimates. SEC. 3. PROHIBITION ON CONSIDERING THE SOCIAL COST OF CARBON AND THE SOCIAL COST OF METHANE. The Secretary of Energy, when acting under any authority, and the Administrator of the Environmental Protection Agency, when acting under the authority of the Clean Air Act (42 U.S.C. 7401 et seq.), may not consider the social cost of carbon or the social cost of methane as part of any cost benefit analysis required under law or under Executive Order 12866 or 13563, in any rulemaking, in the issuance of any guidance, or in taking any other agency action, or as a justification for any rulemaking, guidance document, or agency action, unless a Federal law is enacted, after the date of enactment of this Act, explicitly authorizing such consideration. SEC. 4. REPORT OF THE ADMINISTRATOR OF THE EPA. Not later than 120 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Council on Environmental Quality shall submit a report to the Committees on Energy and Commerce and on Natural Resources of the House of Representatives and the Committees on the Environment and Public Works and on Energy and Natural Resources of the Senate, detailing the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use the social cost of carbon or the social cost of methane, including as part of any cost benefit analysis required under Executive Order 12866 and other relevant authorities. SEC. 5. DEFINITIONS. In this Act: (1) The term ``social cost of carbon'' means-- (A) the social cost of carbon as described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'' published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'' published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, and revised in November 2013 and July 2015, or any other successor or substantially related document; or (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (2) The term ``social cost of methane'' means the estimate of the social cost of methane-- (A) as described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' published by the Environmental Protection Agency in the Federal Register on September 18, 2015 (80 Fed. Reg. 56593); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' published by the Environmental Protection Agency in the Federal Register on June 3, 2016 (81 Fed. Reg. 35824); or (iii) the ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016, and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (B) any other successor or substantially related estimate.

Transparency and Honesty in Energy Regulations Act of 2016 This bill prohibits the Department of Energy and the Environmental Protection Agency (EPA) from considering the social cost of carbon or methane as part of any cost benefit analysis, unless a federal law is enacted authorizing such consideration. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use either of those social costs, including as part of any cost benefit analysis required under Executive Order 12866 and other relevant authorities.

Transparency and Honesty in Energy Regulations Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Fairness and Tax Relief Act of 2003''. SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING PROGRAMS. (a) In General.--Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the ``Secretary'') under section 3304 of the Internal Revenue Code of 1986, which desires to do so, may enter into and participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that special unemployment assistance be payable to individuals participating in a qualified worker training program, as described in subsection (b). Any State which is a party to an agreement under this Act may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Qualified Worker Training Program.--For purposes of this Act, the term ``qualified worker training program'' means a program-- (1) under which individuals who meet the requirements described in paragraph (3) are eligible to receive special unemployment assistance while participating in the program; (2) under which the assistance described in paragraph (1) is payable in the same amount, at the same interval, on the same terms, and subject to the same conditions, as regular compensation under the State law, except that-- (A) State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to such individuals; (B) assistance shall not be payable after the end of the 12-month period following the last day of the individual's benefit year; and (C) such individuals are considered to be unemployed for the purposes of Federal and State laws applicable to unemployment compensation, as long as such individuals meet the requirements applicable under this subsection; (3) under which individuals may receive the assistance described in paragraph (1) if such individuals-- (A)(i)(I) have exhausted all rights to regular compensation under the State law; (II) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility for extended compensation, in such State; (ii) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; (iii) are not receiving compensation with respect to such week under the unemployment compensation law of Canada or any other foreign country; (B)(i) were terminated as a result of any permanent closure of a plant or facility; or (ii) are identified pursuant to a State worker profiling system as individuals who-- (I) are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which they reside; (II) are otherwise unlikely to return to their previous industry or occupation; or (III) satisfy such other criteria as may be established in or under the agreement for purposes of this subclause; and (C) are actively participating in training activities approved by the State agency preparing them for suitable reemployment; and (4) which meets such other requirements as the Secretary determines to be appropriate. SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS. (a) In General.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to the applicable percentage of the covered costs of the qualified worker training program of such State. (b) Definitions.--For purposes of this section: (1) Applicable percentage.--The term ``applicable percentage'', with respect to a State which has entered into an agreement under this Act, means-- (A) during each of the first 3 calendar years beginning on the date on which such agreement is entered into, 100 percent; and (B) during each calendar year thereafter, 50 percent. (2) Covered costs.--The term ``covered costs'', with respect to a qualified worker training program, means-- (A) the amount of special unemployment assistance (as described in section 3(b)(1)) paid under such program; and (B) such amount as the Secretary determines to be necessary for the proper and efficient administration of such program. (c) Method of Payment.--Sums payable to any State by reason of such State's having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 4. FINANCING PROVISIONS. (a) In General.--Payments to States under section 3 shall be made in accordance with this section. (b) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from general funds in the Treasury to-- (1) the account of such State in the Unemployment Trust Fund, to the extent that such payment is allocable to costs described in section 3(b)(2)(A); and (2) such fund or other repository as may be agreed upon by the Secretary and the State agency of the State involved, to the extent that such payment is allocable to costs described in section 3(b)(2)(B). SEC. 5. DEFINITIONS. For purposes of this Act, the terms ``State'', ``State law'', ``State agency'', ``regular compensation'', ``extended compensation'', ``benefit year'', and ``week'' shall have the respective meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. SEC. 6. REPORTS BY THE SECRETARY OF LABOR. The Secretary shall prepare and transmit to the Congress on an annual basis a written report on the operation of this Act, including-- (1) an assessment of this Act's effectiveness within those States having an agreement in effect under this Act during the period covered by the report; (2) the name of any State whose request to enter into an agreement under this Act was disapproved during the period covered by the report, including the reasons for each such decision; and (3) such other information as the Secretary considers appropriate. SEC. 7. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (p) of section 3402 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 6050B of such Code (relating to returns relating to unemployment compensation) is hereby repealed. (3) 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 85. (4) 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 6050B. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2002.

Workforce Fairness and Tax Relief Act of 2003 - Authorizes Federal payments to States for certain portions of a State's special unemployment assistance for individuals participating in qualified worker training programs. Provides for payment agreements between the Secretary of Labor and States that: (1) have a State unemployment compensation law approved by the Secretary; and (2) are required by State law to pay such special assistance to such trainees. Amends the Internal Revenue Code to repeal the tax on unemployment compensation.

To provide for the payment or reimbursement by the Federal Government of special unemployment assistance paid by States to individuals participating in qualified worker training programs, and for other purposes.

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.--Section 8401(17) of title 5, United States Code, is amended-- (1) in subparagraph (C)-- (A) by striking ``subparagraph (A) and (B)'' and inserting ``subparagraphs (A), (B), (E), (F), (G), (H), and (I)''; and (B) by striking ``and'' at the end; and (2) 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-- ``(i) collection of delinquent taxes; and ``(ii) securing of delinquent returns; ``(G) an employee of the United States Postal Inspection Service; ``(H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; and ``(I) an employee of U.S. Customs and Border Protection-- ``(i) who is a seized property specialist in the GS-1801 job series; and ``(ii) the duties of whose position include activities relating to the efficient and effective custody, management, and disposition of seized and forfeited property;''. (b) Civil Service Retirement System.--Section 8331(20) of title 5, United States Code, is amended, in the matter preceding subparagraph (A)-- (1) by inserting ``and an individual described in any of subparagraphs (E) through (I) of section 8401(17)'' after ``United States''; and (2) by striking ``this activity'' and inserting ``such activity or described in any such subparagraph''. (c) Application.--The amendments made by this section shall apply to any-- (1) individual who is appointed as a law enforcement officer-- (A) as defined in section 8331(20) or 8401(17) of title 5, United States Code (as amended by this section); and (B) on or after the date of enactment of this Act; and (2) incumbent (as defined in section 3(a)(3)), consistent with the requirements of section 3. SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Office of Personnel Management; (2) the term ``Fund'' means the Civil Service Retirement and Disability Fund; (3) the term ``incumbent'' means an individual who-- (A) was appointed as a law enforcement officer before the date of enactment of this Act; and (B) is serving as a law enforcement officer on the date of enactment of this Act; (4) the term ``law enforcement officer'' means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, by virtue of the amendments made by section 2; (5) the term ``prior service'' means, with respect to an incumbent who makes an election under subsection (b)(2), service performed by the incumbent before the date on which appropriate retirement deductions begin to be made under the election; and (6) the term ``service'' means service performed by an individual as a law enforcement officer. (b) 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 enactment of this Act shall be treated as service performed as a law enforcement officer. (2) Service before date of enactment.--Service performed by an incumbent before the date of 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 only if the incumbent submits a written election to the Director by the earlier of-- (A) the date that is 5 years after the date of enactment of this Act; or (B) the day before the date on which the incumbent separates from the service. (c) Individual Contributions for Prior Service.-- (1) In general.--An incumbent who makes an election under subsection (b)(2) may, with respect to prior service performed by the incumbent, pay a deposit into the 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 the prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed under-- (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Effect of not contributing.--If an incumbent does not pay the full amount of the deposit described in paragraph (1), all prior service of the incumbent-- (A) shall remain fully creditable as a law enforcement officer; and (B) the resulting annuity shall be reduced-- (i) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (ii) to the extent necessary to make up the amount unpaid. (d) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (b)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, 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 the prior service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with-- (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(5). (e) 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 enactment of this Act. (f) Regulations.--The Director 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 (b)(2)), to the extent of any rights that would have been available to the decedent if still living. (g) Rule of Construction.--Nothing in this section shall be considered to apply in the case of a reemployed annuitant.

Law Enforcement Officers Equity Act This bill expands the definition of "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 whose duties include the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property. Service performed by an incumbent (an individual appointed before enactment of this bill to a position that is considered to be a law enforcement officer under FERS and the CSRS only by virtue of the expanded definition in this bill) on or after enactment of this bill shall be treated as service performed as a law enforcement officer. Service performed by an incumbent before enactment of this bill shall 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 bill or before separation from service, whichever is earlier. An incumbent who makes an election before enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. 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 bill.

Law Enforcement Officers Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get the Lead Out of Schools Act''. SEC. 2. SCHOOL TESTING AND NOTIFICATION; GRANT PROGRAM. Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is amended by adding at the end the following: ``(e) Testing and Notification Requirements for Public Water Systems That Serve Schools.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate a national primary drinking water regulation for school drinking water that-- ``(1) establishes a lead action level that is not less than the lead action level established by the Administrator under section 1412(b); ``(2) requires each public water system to sample for lead in the drinking water at such schools as the Administrator determines to have a risk of lead in the drinking water at a level that meets or exceeds the lead action level established under paragraph (1); and ``(3) in the case of results of sampling under paragraph (2) that indicate that the drinking water of a school contains lead that meets or exceeds the lead action level established under paragraph (1), requires the public water system that serves the school to notify the local educational agency that has jurisdiction over the school, the relevant local health agencies, the municipality, and the State as soon as practicable, but not later than 5 business days after the date on which the public water system receives the sampling results. ``(f) School Lead Testing and Remediation Grant Program.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means-- ``(A) a local educational agency (as defined in subsection (d)(1)); or ``(B) a State agency that administers a statewide program to test for, or remediate, lead contamination in drinking water. ``(2) Grants authorized.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall establish a grant program to make grants available to eligible entities to test for, and remediate, lead contamination in school drinking water. ``(3) Use of funds.-- ``(A) In general.--An eligible entity that receives a grant under this subsection may use grant funds-- ``(i) to recover the costs incurred by the eligible entity for testing for lead contamination in school drinking water conducted by an entity approved by the Administrator or the State to conduct the testing; or ``(ii) to replace lead pipes, pipe fittings, plumbing fittings, and fixtures of any school with drinking water that contains a level of lead that meets or exceeds the action level established by the Administrator under subsection (e)(1) with lead free (as defined in section 1417) pipes, pipe fittings, plumbing fittings, and fixtures. ``(B) Limitation.--Not more than 5 percent of grant funds accepted under this subsection shall be used to pay the administrative costs of testing for, or remediation of, lead contamination. ``(4) Guidance; public availability.--As a condition of receiving a grant under this subsection, an eligible entity shall-- ``(A) expend grant funds in accordance with-- ``(i) the guidance of the Environmental Protection Agency entitled `3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance' and dated October 2006 (or any successor guidance); or ``(ii) applicable State regulations or guidance regarding the reduction of lead in drinking water in schools that is not less stringent than the guidance referred to in clause (i), as determined by the Administrator; ``(B) make publicly available, including, to the maximum extent practicable, on the Internet website of the eligible entity, a copy of the results of any testing for lead contamination in school drinking water that is carried out with funds under this subsection; and ``(C) notify parent, teacher, and employee organizations of the availability of the results described in subparagraph (B).''.

Get the Lead Out of Schools Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation for schools and day care facilities that: (1) establishes a lead action level (a level of lead in drinking water that triggers additional actions to control lead contamination) of at least 15 parts per billion; (2) directs each public water system to sample for lead in the drinking water at schools and day care facilities if the EPA determines there is a risk that the lead in the drinking water will meet or exceed the action level; and (3) directs public water systems that serve schools or day cares that meet or exceed the action level to notify the local educational agency, the relevant local health agencies, the municipality, and the state as soon as practicable, but no later than five business days after the system receives the sampling results. The EPA must also establish a grant program for: (1) testing drinking water in schools and day care facilities for lead contamination, and (2) remediating lead contamination in such drinking water by replacing lead pipes and certain plumbing materials with lead-free material.

Get the Lead Out of Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Headquarters Consolidation Accountability Act of 2015''. SEC. 2. INFORMATION ON DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS CONSOLIDATION PROJECT. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator, shall submit to the appropriate committees of Congress information on the implementation of the enhanced plan for the Department headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for fiscal year 2016 (as submitted to Congress under section 1105(a) of title 31, United States Code), that includes the following: (1) A proposed occupancy plan for the consolidation project that includes specific information about which Department-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site. (2) A comprehensive assessment of the difference between the current real property and facilities needed by the Department in the National Capital Region in order to carry out the mission of the Department and the future needs of the Department. (3) A current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes-- (A) the estimated costs and schedule for the current plan, which shall conform to relevant Federal guidance for cost and schedule estimates, consistent with the recommendation of the Government Accountability Office in the September 2014 report entitled ``Federal Real Property: DHS and GSA Need to Strengthen the Management of DHS Headquarters Consolidation'' (GAO-14-648); and (B) any estimated cost savings associated with reducing the scope of the consolidation project and increasing the use of existing capacity developed under the project. (4) A current plan for the leased portfolio of the Department in the National Capital Region that includes-- (A) an end-state vision that identifies which Department- wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio; (B) for each year until the consolidation project is completed, the number of full-time equivalent employees who are expected to operate at each property, component, or office; (C) the anticipated total rentable square feet leased per year during the period beginning on the date of enactment of this Act and ending on the date on which the consolidation project is completed; and (D) timing and anticipated lease terms for leased space under the plan referred to in paragraph (3). (5) An analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project that includes-- (A) a comparison of the long-term cost that would result from leasing as compared to consolidating functions on Government-owned space; and (B) the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. (b) Comptroller General Review.-- (1) Review required.--The Comptroller General of the United States shall review the cost and schedule estimates submitted under subsection (a) to evaluate the quality and reliability of the estimates. (2) Assessment.--Not later than 90 days after the submittal of the cost and schedule estimates under subsection (a), the Comptroller General shall report to the appropriate committees of Congress on the results of the review required under paragraph (1). (c) Definitions.--In this Act: (1) The term ``Administrator'' means the Administrator of General Services. (2) The term ``appropriate committees of Congress'' means the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) The term ``Department'' means the Department of Homeland Security. (4) The term ``National Capital Region'' has the meaning given the term under section 2674(f)(2) of title 10, United States Code. (5) The term ``Secretary'' means the Secretary of Homeland Security. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on March 14, 2016. Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Sec. 2) This bill directs the Department of Homeland Security (DHS), in coordination with the General Services Administration (GSA), to submit information on the implementation of the enhanced plan for the DHS headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for FY2016, that includes: a proposed occupancy plan that includes specific information about which DHS-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site; a comprehensive assessment of the difference between the current real property and facilities needed by DHS in the Region to carry out its mission and its future needs; an analysis of the difference between the current and needed capital assets and facilities of DHS; a current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes the estimated costs and schedule for the current plan and any estimated cost savings associated with reducing the scope of the project and increasing the use of existing capacity developed under the project; a current plan for the leased portfolio of DHS in the Region that includes an end-state vision that identifies which DHS-wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio, the number of full-time equivalent employees who are expected to operate at each property, component, or office for each year until the consolidation project is completed, the anticipated total rentable square feet leased per year between the date of this Act's enactment and the date on which the consolidation project is completed, and the timing and anticipated lease terms for leased space; and an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project, including a comparison of the long-term cost that would result from leasing to the cost of consolidating functions on government-owned space and the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. The bill directs the Government Accountability Office to evaluate the quality and reliability of the cost and schedule estimates submitted and report on the results.

Department of Homeland Security Headquarters Consolidation Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River Private Property Protection Act''. SEC. 2. DISCLAIMER OF INTEREST. The Secretary hereby disclaims any right, title, and interest to all Red River lands located south of the South Bank of the Red River. This Act does not change or affect in any manner the sovereignty rights of federally recognized Indian tribes over lands located to the north of the South Bank of the Red River. Tribal sovereignty rights continue to be established and defined by controlling Federal law. SEC. 3. CLAIMS PROCESS AND ISSUANCE OF DEEDS. (a) In General.--The Secretary shall relinquish, disclaim, and shall transfer by special warranty deed all right, title, and interest of the United States in and to Red River lands to any claimant who demonstrates to the satisfaction of the Secretary that the claimant-- (1) holds all right, title, and interest under a chain of title for at least 30 years from the time of submission; (2) has a deed recorded in the appropriate county; and (3) has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency. (b) Public Notification.--The Secretary shall publish in the Federal Register and on official and appropriate Web sites the process to receive written and/or electronic submissions of the documents required under subsection (a). The Secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection (a). (c) Standard of Approval.--The Secretary shall accept all official county and State records as filed in the county on the date of submission proving right, title, and interest, including all land accreted to those lands identified by such records by the processes of erosion and accretion. (d) Time Period for Approval or Disapproval of Request.--The Secretary shall approve or disapprove a request for a special warranty deed under subsection (a) not later than 180 days after the date on which the written request is received by the Secretary. If the Secretary fails to approve or disapprove such a request by the end of such 180-day period, the request shall be deemed to be approved. (e) Requirements for Decision.--Any final decision by the Secretary must contain-- (1) a field note description used to determine the property claim, which must be-- (A) sufficient to locate the land on the ground; (B) consistent with the claimant's deed; and (C) include all land accreted to the claimant by the processes of erosion and accretion; (2) an accurate plat of the land that is-- (A) consistent with the field notes; and (B) prepared by a Texas licensed State land surveyor; and (3) any other matters required by law or as the Secretary considers appropriate consistent with the provisions and intent of this Act. SEC. 4. ADMINISTRATIVE HEARING. (a) In General.--The Secretary shall establish procedures for an administrative hearing-- (1) for a claimant to appeal the final decision made pursuant to section 3 regarding a claim by Secretary to the claimant's property; and (2) to adjudicate disputes between two or more private property owners who have interest claims that overlap pursuant to documents submitted under section 3. (b) Judicial Resolution.--If after the final determination has been issued under subsection (a) and the private property owner disputes the decision, the private property owner may pursue a claim in a Federal district court within the State of Texas. SEC. 5. RESOURCE MANAGEMENT PLAN. The Secretary shall ensure that no parcels of Red River lands are treated as Federal land for the purpose of any resource management plan until the Secretary has ensured that such parcels are not subject to transfer under section 3. SEC. 6. CONSTRUCTION. Nothing in this Act shall alter-- (1) any present or future rights and interests of the Kiowa, Comanche, and Apache Tribes and their members or Indian successors-in interest; (2) any tribal trust lands; (3) allotted lands that may be held in trust or lands subject to a Federal restriction against alienation; (4) any boundaries of lands owned by the tribes referred to in paragraph (1), including lands referred to in paragraphs (2) and (3), pursuant to the gradient boundary survey method; and (5) the sovereign rights, jurisdiction, or other governmental interests of the Kiowa, Comanche, and Apache Tribes and their members or Indian successors-in interest existing or which may be acknowledged by Federal and tribal law. SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS. (a) Competitive Sale of Identified Federal Lands.--After the Secretary has ensured that Red River lands parcels are not subject to transfer under section 3, the Secretary shall offer any and all such remaining identified Federal lands for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. (b) Existing Rights.--The sale of identified Federal lands under this section shall be subject to valid existing tribal, State, and local rights. (c) Proceeds of Sale of Lands.--Net proceeds from the sale of identified Federal lands under this section shall be used to offset any costs associated with this Act. (d) Report.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of any identified Federal lands that have not been sold under subsection (a) and the reasons such lands were not sold. SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``Red River lands'' means lands along the approximately 116-mile stretch of the Red River from its confluence with the North Fork of the Red River on the west to the 98th meridian on the east between the States of Texas and Oklahoma; (2) the term ``Secretary'' means the Secretary of the Interior, acting through the Director of Bureau of Land Management; (3) the term ``South Bank'' means the water-washed and relatively permanent elevation or acclivity, commonly called a cut bank, along the southerly or right side of the Red River which separates its bed from the adjacent upland, whether valley or hill, and usually serves to confine the waters within the bed and to preserve the course of the river; as specified in the fifth paragraph of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687; and (4) the term ``gradient boundary survey'' means the measurement technique used to demarcate a division of ownership or jurisdiction along the South Bank under the methodology established by the United States Supreme Court which recognizes that the boundary line between the States of Texas and Oklahoma along the Red River is subject to such changes as have been or may be wrought by the natural and gradual processes known as erosion and accretion as specified in the second, third, and fourth paragraphs of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687.

Red River Private Property Protection Act - (Sec. 2) States that the Secretary of the Interior, acting through the Bureau of Land Management (BLM), disclaims interest to certain lands along a stretch of the Red River between Texas and Oklahoma located south of the South Bank as specified in the Supreme Court decree rendered March 12, 1923, in Oklahoma v. Texas. (Sec. 3) Directs the BLM to relinquish, disclaim, and transfer, by special warranty deed, all interest of the United States in and to a specified stretch of Red River lands to any claimant who demonstrates: (1) an interest under a chain of title for at least 30 years from the time of submission, (2) a deed recorded in the appropriate county, and (3) payment of all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency. Requires publication in the Federal Register and on official and appropriate websites of a process for receiving submissions of such documents. Sets forth standards for the BLM to approve or disapprove special warranty deed requests. (Sec. 4) Requires administrative hearing procedures to be established for appeals of BLM decisions or adjudications of disputes between property owners with overlapping claims. Allows property owners who dispute final administrative decisions to pursue claims in a Texas federal court. (Sec. 5) Instructs the BLM to ensure that no parcels of Red River lands are treated as federal land for the purpose of any resource management plan until the BLM has ensured that such parcels are not subject to transfer by this Act. (Sec. 6) Prohibits this Act from altering: (1) interests of the Kiowa, Comanche, and Apache Tribes; (2) tribal trust lands; (3) allotted lands that may be held in trust or lands subject to a federal restriction against alienation; (4) boundaries of certain tribe-owned lands pursuant to the gradient boundary survey method established in the Supreme Court decree; and (5) the sovereign rights, jurisdiction, or governmental interests of those tribes. (Sec. 7) Directs the BLM, after ensuring that Red River lands parcels are not subject to transfer to a claimant, to offer remaining identified federal lands for disposal by competitive sale for at least fair market value. Requires sales to be subject to existing tribal, state, and local rights. Requires the BLM, within five years after enactment of this Act, to submit to Congress a list of identified federal lands that have not been sold and the reasons those lands were not sold.

Red River Private Property Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Care for Seniors Act of 2015''. SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including two years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall conduct statistical analyses on such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the results of the analyses publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclauses (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 3. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK ADJUSTMENT. It is the sense of Congress that-- (1) the Secretary of Health and Human Services should periodically monitor and improve the Medicare Advantage risk adjustment model to ensure that it accurately accounts for beneficiary risk, including for those individuals with complex chronic comorbid conditions; (2) the Secretary should closely examine the current Medicare Advantage risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions and to the extent data indicate this to be the case, the Secretary should make necessary adjustment to the risk adjustment methodology; and (3) the Secretary should reconsider the implementation of changes in the Medicare Advantage risk adjustment methodology finalized for 2016 and to use to the extent appropriate the methodology finalized in 2015 for one additional year.

Securing Care for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to periodically revise the Medicare Advantage (MA) risk adjustment system, such that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. In addition, CMS must evaluate the impacts to the system of: (1) using two years of data, (2) removing diagnostic codes related to chronic kidney disease, and (3) modifying the use of encounter data (information on services furnished to MA enrollees). If CMS subsequently determines that any of these revisions would better reflect the population served, CMS shall make such revisions. Before doing so, however, CMS must: (1) ensure that the changes do not prevent an MA organization from performing activities that are consistent with national health policy goals, and (2) provide an opportunity for review and public comment.

Securing Care for Seniors Act of 2015

SECTION 1. FINDINGS. Congress finds as follows: (1) Since 1935, the United States has owned a parcel of land in Riverside, California, consisting of approximately 9.5 acres, more specifically described in section 2(a) (in this section referred to as the ``property''). (2) The property is administered by the Department of Agriculture and has been variously used for research and plant materials purposes. (3) Since 1998, the property has been administered by the Natural Resources Conservation Service. (4) Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code. (5) The Conservation District wishes to acquire the property and use it for conservation, environmental, and related educational purposes. (6) As provided in this Act, the conveyance of the property to the Conservation District would promote the Conservation District's conservation education and related purposes and result in savings to the Federal Government. SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA. (a) Conveyance Authorized.--The Secretary of Agriculture shall convey and quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the ``Conservation District'') all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 9.5 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. As necessary or desirable for the conveyance under this subsection, the Secretary or the Conservation District may survey all or portions of the property to be conveyed. (b) Consideration.-- (1) Value in use.--Subject to paragraph (2), the Conservation District shall pay to the Secretary an amount equal to the value in use of the property to be conveyed under subsection (a) as consideration for the conveyance of the property. (2) Required reductions.--The amount otherwise determined under paragraph (1) shall be reduced by-- (A) the value of the improvements on the property provided for by non-Federal sources; and (B) the amount of any rental rate abatements negotiated and agreed to by the Secretary for the continued use of the property by the Department during the 10-year period beginning upon the conveyance of the property. (c) Deposit and Use of Consideration.--The amounts received as consideration under subsection (b) shall be credited to the applicable appropriation of the Natural Resources Conservation Service for conservation operations in California and shall remain available, without further appropriation, until expended as the Secretary may direct. (d) Prohibition on Reservation of Interest.--The Secretary shall not reserve any future interest in the property to be conveyed under subsection (a), except that which may be acceptable to the Conservation District. (e) Hazardous Substances.--Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the conveyance of the property under subsection (a), the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, or contaminants, but shall otherwise not be required to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and petroleum derivatives. (f) Cooperative Authority.-- (1) Leases, contracts, and cooperative agreements authorized.--In conjunction with, or in addition to, the conveyance under subsection (a), the Secretary may enter into leases, contracts and cooperative agreements with the Conservation District. (2) Sole source.--Notwithstanding sections 3105, 3301, and 3303 to 3305 of title 41, United States Code, or any other provision of law, the Secretary may lease real property from the Conservation District on a noncompetitive basis. (3) Non-exclusive authority.--The authority provided by this subsection is in addition to any other authority of the Secretary. (g) Additional Terms and Conditions.--The Secretary may require such reasonable terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States, except that the conveyance does not require further administrative or environmental analyses or examination.

Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Resource Conservation District.

To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Progress Commemoration Act''. SEC. 2. DECLARATION. Congress declares that-- (1) the original Seneca Falls Convention, held in upstate New York in July 1848, convened to consider the social conditions and civil rights of women at that time; (2) the convention marked the beginning of an admirable and courageous struggle for equal rights for women; (3) the 150th Anniversary of the convention provides an excellent opportunity to examine the history of the women's movement; and (4) a Federal Commission should be established for the important task of ensuring the historic preservation of sites that have been instrumental in American women's history, creating a living legacy for generations to come. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Women's Progress Commemoration Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, of whom-- (A) 3 shall be appointed by the President; (B) 3 shall be appointed by the Speaker of the House of Representatives; (C) 3 shall be appointed by the minority leader of the House of Representatives; (D) 3 shall be appointed by the majority leader of the Senate; and (E) 3 shall be appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include Federal, State, or local employees, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic, professional, and cultural backgrounds. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (3) and make their respective appointments not later than 60 days after the date of enactment of this Act. (4) Vacancies.--A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (c) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chairperson. (d) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (e) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 4. DUTIES OF THE COMMISSION. Not later than 1 year after the initial meeting of the Commission, the Commission, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, shall prepare and submit to the Secretary of the Interior a report that-- (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. At the request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. A member of the Commission who is otherwise an officer or employee of the United States shall serve without compensation in addition to that received for services as an officer or employee of the United States. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairperson may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of that title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and the detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for a position at level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this Act. (b) Donations.--The Commission may accept donations from non- Federal sources to defray the costs of the operations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the Commission submits to the Secretary of the Interior the report under section 4(b). SEC. 9. REPORTS TO CONGRESS. Not later than 2 years and not later than 5 years after the date on which the Commission submits to the Secretary of the Interior the report under section 4, the Secretary of the Interior shall submit to Congress a report describing the actions that have been taken to preserve the sites identified in the Commission report as being of historical significance. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Women's Progress Commemoration Act - Establishes the Women's Progress Commemoration Commission to, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, prepare and submit to the Secretary a report that: (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites. Authorizes appropriations. Requires the Secretary, after receipt of the Commission's report, to report to the Congress on the actions that have been taken to preserve the sites identified in the Commission's report as being of historical significance.

Women's Progress Commemoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palmetto Bend Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Project.--the term ``Project'' means the Palmetto Bend Reclamation Project in the State of Texas authorized under Public Law 90-562 (82 Stat. 999). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Texas, acting through the Texas Water Development Board or the Lavaca-Navidad River Authority or both. SEC. 3. CONVEYANCE. (a) In General.--The Secretary shall, as soon as practicable after the date of enactment of this Act and in accordance with all applicable law, and subject to the conditions set forth in sections 4 and 5, convey to the State all right, title and interest (excluding the mineral estate) in and to the Project held by the United States. (b) Report.--If the conveyance under section 3 has not been completed within 1 year and 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the status of the conveyance; (2) any obstacles to completion of the conveyance; and (3) the anticipated date for completion of the conveyance. SEC. 4. PAYMENT. (a) In General.--As a condition of the conveyance, the State shall pay the Secretary the adjusted net present value of current repayment obligations on the Project, calculated 30 days prior to closing using a discount rate equal to the average interest rate on 30-year United States Treasury notes during the preceding calendar month, which following application of the State's August 1, 1999 payment, was, as of October 1999, calculated to be $45,082,675 using a discount rate of 6.070 percent. The State shall also pay interest on the adjusted net present value of current repayment obligations from the date of the State's most recent annual payment until closing at the interest rate for constant maturity United States Treasury notes of an equivalent term. (b) Obligation Extinguished.--Upon payment by the State under subsection (a), the obligation of the State and the Bureau of Reclamation under the Bureau of Reclamation Contract No. 14-06-500- 1880, as amended shall be extinguished. After completion of conveyance provided for in section 3, the State shall assume full responsibility for all aspects of operation, maintenance and replacement of the Project. (c) Additional Costs.--The State shall bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. (d) Reclamation Fund.--All funds paid by the State to the Secretary under this section shall be credited to the Reclamation Fund in the Treasury of the United States. SEC. 5. FUTURE MANAGEMENT. (a) In General.--As a condition of the conveyance under section 3, the State shall agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. In future management of the Project, the State shall, consistent with other project purposes and the provision of dependable municipal and industrial water supply-- (1) provide full public access to the Project's lands, subject to reasonable restrictions for purposes of Project security, public safety, and natural resource protection; (2) not sell or otherwise dispose of the lands conveyed under section 3; (3) prohibit private or exclusive uses of lands conveyed under section 3; (4) maintain and manage the Project's fish and wildlife resource and habitat for the benefit and enhancement of those resources; (5) maintain and manage the Project's existing recreational facilities and assets, including open space, for the benefit of the general public; (6) not charge the public recreational use fees that are more than is customary and reasonable. (b) Fish, Wildlife, and Recreation Management.--As a condition of conveyance under section 3, management decisions and actions affecting the public aspects of the Project (namely, fish, wildlife, and recreation resources) shall be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary and shall extend for the useful life of the Project. (c) Existing Obligations.--The United States shall assign to the State and the State shall accept all surface use obligations of the United States associated with the Project existing on the date of the conveyance including contracts, easements, and any permits or license agreements. SEC. 6. MANAGEMENT OF MINERAL ESTATE. All mineral interests in the Project retained by the United States shall be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized. SEC. 7. LIABILITY. (a) In General.--Effective on the date of conveyance of the Project, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the Project, except for damages caused by acts of negligence committed prior to the date of conveyance by-- (1) the United States; or (2) an employee, agent, or contractor of the United States. (b) No Increase in Liability.--Nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). SEC. 8. FUTURE BENEFITS. (a) Deauthorization.--Effective on the date of conveyance of the Project, the Project conveyed under this Act shall be deauthorized. (b) No Reclamation Benefits.--After deauthorization of the Project under subsection (a), the State shall not be entitled to receive any benefits for the Project under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary, if the conveyance has not been completed within one year and 180 days after the enactment date of this Act, to report to the House Committee on Resources and the Senate Committee on Energy and Natural Resources on the conveyance's status, any obstacles to completion, and the anticipated completion date. Directs the State, as a condition of the conveyance, to pay to the Secretary the adjusted net present value of current repayment obligations on the Project as prescribed by this Act. Requires the State to also pay interest on the adjusted net present value of such obligations from the date of the State's most recent annual payment until closing at the interest rate for constant maturity U.S. Treasury notes of an equivalent term. Extinguishes the State's and the Bureau of Reclamation's obligation under a specified Bureau contract upon payment by the State of such amount. Requires the State, after completion of the conveyance, to assume full responsibility for all aspects of operation, maintenance, and replacement of the Project. Requires the State, as a condition of the conveyance, to agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. Requires the State, in future management of the Project, consistent with other project purposes and the provision of such a water supply, to: (1) provide full public access to the Project's lands, subject to reasonable restrictions for purposes of Project security, public safety, and natural resource protection; (2) not sell or otherwise dispose of the lands conveyed under this Act; (3) prohibit private or exclusive uses of such lands; (4) maintain and manage the Project's fish and wildlife resource and habitat for the benefit and enhancement of those resources; (5) maintain and manage the Project's existing recreational facilities and assets, including open space for the benefit of the public; and (6) not charge the public recreational use fees that are more than is customary and reasonable. Provides that, as a condition of the conveyance, management decisions and actions affecting the Project's public aspects (namely fish, wildlife, and recreation resources) shall: (1) be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary; and (2) extend for the useful life of the Project. Requires all mineral interests in the Project retained by the United States to be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized. States that nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act. Deauthorizes the Project on the date of its conveyance. Specifies that the State shall not be entitled to receive any benefits for the Project after deauthorization.

Palmetto Bend Conveyance Act

That this Act may be referred to as the ``Outer Continental Shelf Deep Water Royalty Relief Act''. Sec. 2. Amendments to the Outer Continental Shelf Lands Act.--The Outer Continental Shelf Lands Act, as amended, is amended by redesignating section 8(a)(3) (43 U.S.C. 1337(a)(3)) as section 8(a)(3)(A) and by adding at the end thereof the following: ``(B) The Secretary may, in order to promote development and new production on a producing or non-producing lease, through primary, secondary, or tertiary recovery means, or to encourage production of marginal or uneconomic resources on a producing or non-producing lease, reduce or suspend any royalty or net profit share set forth in the lease. ``(C)(i) Notwithstanding the provisions of this Act other than this subparagraph, no royalty payment shall be due on new production, as defined in -c-l-a-u-s-e -(-i-i-) clause (iii) of this subparagraph, from any lease located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, and the Eastern Planning Area of the Gulf of Mexico west of the lateral seaward boundary between the States of Florida and Alabama, or for any lease in the frontier areas of Alaska, which shall, at a minimum, include those areas with seasonal sea ice, long distances to existing pipelines and ports, or a lack of production infrastructure, until the capital costs directly related to such new production have been recovered by the lessee out of the proceeds from such new production. ``(ii) With respect to any lease in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, upon application by the lessee, the Secretary shall determine within ninety days of such application whether new production from such lease would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider all costs associated with obtaining, exploring, developing, and producing from the lease. The lessee shall be afforded an opportunity to provide information to the Secretary prior to such determination. Such application may be made on the basis of an individual lease or unit (as defined under the provisions of 30 CFR part 250). If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) of this subparagraph shall not apply to such production. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within sixty days of such application. The Secretary may extend the time period for making any determination under this clause for thirty days if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. In the event that the Secretary fails to make the determination or redetermination upon application by the lessee within the time period, together with any such extension thereof provided for by this clause, the relief from the requirement to pay royalties provided for by clause (i) shall apply to such production. ``-(-i-i-) (iii) For purposes of this subparagraph, the term-- ``(aa) `capital costs' shall be defined by the Secretary and shall include exploration costs incurred after the acquisition of the lease and development costs directly related to new production. The terms `exploration' and `development' shall have the same meaning contained in subsections (k) and (l) of section 2 of this Act except the term `development' shall also include any similar additional development activities which take place after production has been initiated from such lease. Such capital costs shall not include any amounts paid as bonus bids but shall be adjusted to reflect changes in the consumer price index, as defined in section (1)(f)(4) of title 26 of the United States Code; and ``(bb) `new production' is-- ``(I) any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; or ``(II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; and ``-(-i-i-i-) (iv) In any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for Light Sweet crude oil exceeds $28.00 per barrel, any production of oil subject to relief from the requirement to pay royalties under clause (i) of this subparagraph shall be subject to royalties at the lease stipulated rate, and the lessee's gross proceeds from such oil production, less Federal royalties, during such month shall be counted toward the recovery of capital costs under clause (i) of this subparagraph. ``-(-i-v-) (v) In any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas subject to relief from the requirement to pay royalties under clause (i) of this subparagraph shall be subject to royalties at the lease stipulated rate, and the lessee's gross proceeds from such natural gas production, less Federal royalties, during such month shall be counted toward the recovery of capital costs under clause (i) of this subparagraph. ``-(-v-) (vi) The prices referred to in -c-l-a-u-s-e-s -(-i-i-i-) -a-n-d -(-i-v-) clauses (iv) and (v) of this subparagraph shall be changed during any calendar year after -1-9-9-3 1994 by the percentage if any by which the consumer price index changed during the preceding calendar year, as defined in section (1)(f)(4) of title 26 of the United States Code.''. Sec. 3. Regulations.--The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within one hundred and eighty days after the date of enactment of this Act. Sec. 4. Area-Wide Leasing.--The Secretary shall not implement the system of tract nomination for oil and gas leasing in the Central and Western Planning Areas of the Gulf of Mexico under the Outer Continental Shelf Lands Act, and shall use the existing area-wide system of leasing in such areas. Sec. 5. Report to Congress.--(a) The Secretary shall review Federal regulations and policies within the Secretary's jurisdiction which create barriers and disincentives that unnecessarily preclude new production, or result in premature abandonment or suspension of existing production of oil and gas on Federal lands, including the Outer Continental Shelf. Such review, conducted with the participation of all interested parties, shall assess how Federal policies could be modified to reduce compliance costs and improve the cash flow of oil and gas operations on Federal lands. The review shall include administrative compliance, royalty collection, timing of operational and production management requirements, such as permanent plugging and abandonment of wells, and any other requirements which unduly burden natural gas and oil exploration, production and transportation on Federal lands. (b) The Secretary shall evaluate the impact, if any, of current royalty rates for oil and gas on Federal lands, both onshore and offshore, on the viability of undeveloped fields by general category, such as production volume, crude quality, water depth, and distance from existing infrastructure. The review shall be based on current industry technology and cost information, and shall assess how a reduction in Federal oil and natural gas royalties would encourage development. (c) The Secretary shall report to the Committee on Energy and Natural Resources of the United States Senate and to the United States House of Representatives on the review required by this section and actions taken as recommended pursuant to such review, or the reason such actions have not been taken, within ninety days of the date of enactment of this Act.

Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or suspend any royalty or net profit share set forth in a lease in order to promote development and new production and to encourage production of marginal or uneconomic resources. Declares that with respect to leases in certain Planning Areas of the Gulf of Mexico, and certain leases in the Alaska frontier, royalty payment shall not be due on new production until the capital costs directly related to production have been recovered out of new production proceeds. Prescribes procedures under which the Secretary shall determine whether such relief from royalty payments shall apply. Prohibits the Secretary from implementing a tract nomination system for oil and gas leasing in the Central and Western Planning Areas of the Gulf of Mexico. Requires the Secretary to use the existing area-wide leasing system instead. Directs the Secretary to review and report to certain congressional committees on Federal regulations which create disincentives to oil and gas production on Federal lands.

Outer Continental Shelf Deep Water Royalty Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2009''. SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS. The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending with ``Code.'' is amended to read as follows: ``Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier that is not a railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code.''. SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. The sixth undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended to read as follows: ``Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Power Commission, Surface Transportation Board (except for transactions described in section 11321 of that title), the Securities and Exchange Commission in the exercise of its jurisdiction under section 10 (of the Public Utility Holding Company Act of 1935), the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in the Commission, Board, or Secretary.''. SEC. 4. LIMITATION OF PRIMARY JURISDICTION. The Clayton Act is amended by adding at the end thereof the following: ``Sec. 29. In any civil action against a common carrier railroad under section 4, 4C, 15, or 16 of this Act, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.''. SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT. (a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking ``subject to jurisdiction'' and all that follows through the first semicolon and inserting ``subject to jurisdiction under subtitle IV of title 49, United States Code (except for agreements described in section 10706 of that title and transactions described in section 11321 of that title);''. (b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by striking ``common carriers subject'' and inserting ``common carriers, except for railroads, subject''. SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS. Section 4 of the Clayton Act (15 U.S.C. 15) is amended by-- (1) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) inserting after subsection (a) the following: ``(b) Subsection (a) shall apply to a common carrier by railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed.''. SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by striking ``, and the Sherman Act (15 U.S.C. 1 et seq.),'' and all that follows through ``or carrying out the agreement'' in the third sentence; (B) in paragraph (4)-- (i) by striking the second sentence; and (ii) by striking ``However, the'' in the third sentence and inserting ``The''; and (C) in paragraph (5)(A), by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement''; and (2) by striking subsection (e) and inserting the following: ``(e) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). ``(2) Antitrust analysis to consider impact.--In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among any other considerations, the impact of the proposed agreement on shippers, on consumers, and on affected communities.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' in the first sentence and inserting ``Except as provided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the authority''; and (B) by striking ``is exempt from the antitrust laws and from all other law,'' in the third sentence and inserting ``is exempt from all other law (except the antitrust laws referred to in subsection (c)),''; and (2) by adding at the end the following: ``(c) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322 of title 49, United States Code. ``(2) Antitrust analysis to consider impact.--In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and on affected communities.''. (c) Conforming Amendments.-- (1) The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) The item relating to such section in the chapter analysis at the beginning of chapter 107 of such title is amended to read as follows: ``10706. Rate agreements.''. SEC. 8. EFFECTIVE DATE. (a) In General.--Subject to the provisions of subsection (b), this Act shall take effect on the date of enactment of this Act. (b) Conditions.-- (1) Previous conduct.--A civil action under section 4, 15, or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) may not be filed with respect to any conduct or activity that occurred prior to the date of enactment of this Act that was previously exempted from the antitrust laws as defined in section 1 of the Clayton Act (15 U.S.C. 12) by orders of the Interstate Commerce Commission or the Surface Transportation Board issued pursuant to law. (2) Grace period.--A civil action or complaint described in paragraph (1) may not be filed earlier than 180 days after the date of enactment of this Act with respect to any previously exempted conduct or activity or previously exempted agreement that is continued subsequent to the date of enactment of this Act.

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB). Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions. Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB. Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Permits treble damages against railroad common carriers in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.

A bill to amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2006''. SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS. The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending with ``Code.'' is amended to read as follows: ``Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier that is not a railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code.''. SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. The sixth undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended to read as follows: ``Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Power Commission, Surface Transportation Board (except for agreements described in section 10706 of title 49, United States Code, and transactions described in section 11321 of that title), the Securities and Exchange Commission in the exercise of its jurisdiction under section 10 (of the Public Utility Holding Company Act of 1935), the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in the Commission, Board, or Secretary.''. SEC. 4. LIMITATION OF PRIMARY JURISDICTION. The Clayton Act is amended by adding at the end thereof the following: ``Sec. 29. In any civil action against a common carrier railroad under section 4, 4C, 15, or 16 of this Act, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.''. SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT. (a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking ``subject to jurisdiction'' and all that follows through the first semicolon and inserting ``subject to jurisdiction under subtitle IV of title 49, United States Code (except for agreements described in section 10706 of that title and transactions described in section 11321 of that title);''. (b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44(a)(1)) is amended by striking ``common carriers subject'' and inserting ``common carriers, except for railroads, subject''. SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS. Section 4 of the Clayton Act (15 U.S.C. 15) is amended by-- (1) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) inserting after subsection (a) the following: ``(b) Subsection (a) shall apply to common carriers by rail subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed.''. SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by striking ``, and the Sherman Act (15 U.S.C. 1 et seq.),'' and all that follows through ``or carrying out the agreement'' in the third sentence; (B) in paragraph (4)-- (i) by striking the second sentence; and (ii) by striking ``However, the'' in the third sentence and inserting ``The''; and (C) in paragraph (5)(A), by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement''; and (2) by striking subsection (e) and inserting the following: ``(e) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). ``(2) Antitrust analysis to consider impact.--In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board and any other reviewing agency shall take into account, among any other considerations, the impact of the proposed agreement on shippers, on consumers, and on affected communities.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' in the first sentence and inserting ``Except as provided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the authority''; and (B) by striking ``is exempt from the antitrust laws and from all other law,'' in the third sentence and inserting ``is exempt from all other law (except the antitrust laws referred to in subsection (c)),''; and (2) by adding at the end the following: ``(c) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). ``(2) Antitrust analysis to consider impact.--In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board and any other reviewing agency shall take into account, among any other considerations, the impact of the transaction on shippers and on affected communities.''. (c) Conforming Amendments.-- (1) The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) The item relating to such section in the chapter analysis at the beginning of chapter 107 of such title is amended to read as follows: ``10706. Rate agreements.''.

Railroad Antitrust Enforcement Act of 2006 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction the Surface Transportation Board (STB). Revises the declaration that prohibitions against mergers and acquisitions that tend to create monopolies shall not apply to certain transactions duly consummated pursuant to specified federal authority. Excepts specified rate agreements between two or more rail carriers (collective rate agreements) and certain transactions, including railroad mergers and acquisitions, from specified antitrust exemptions. Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB. Empowers the Federal Trade Commission to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Applies to rail common carriers subject to STB jurisdiction requirements governing the amount of recovery or prejudgment interest (treble damages) by injured persons, without regard to whether: (1) such railroads have filed rates; or (2) a complaint has been filed that challenges a rate. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, and other reviewing agencies, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.

A bill to amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Identity Theft Prevention Act of 2010''. SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON MEDICARE CARDS. (a) In General.--Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new clause: ``(xi) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost- effective procedures to ensure that a social security account number (or any derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is easily identifiable as not being the social security account number (or a derivative thereof).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is 24 months after the date adequate funding is provided pursuant to subsection (d)(2). (2) Reissuance.--Subject to subsection (d)(2), in the case of individuals who have been issued such cards before such date, the Secretary of Health and Human Services-- (A) shall provide for the reissuance for such individuals of such a card that complies with such amendment not later than 3 years after the effective date specified under paragraph (1); and (B) may permit such individuals to apply for the reissuance of such a card that complies with such amendment before the date of reissuance otherwise provided under subparagraph (A) in such exceptional circumstances as the Secretary may specify. (c) Outreach Program.--Subject to subsection (d)(2), the Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall conduct an outreach program to Medicare beneficiaries and providers about the new Medicare card provided under this section. (d) Report to Congress and Limitations on Effective Date.-- (1) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and in consultation with the Commissioner of Social Security, shall submit to Congress a report that includes detailed options regarding the implementation of this section, including line-item estimates of and justifications for the costs associated with such options and estimates of timeframes for each stage of implementation. In recommending such options, the Secretary shall take into consideration, among other factors, cost- effectiveness and beneficiary outreach and education. (2) Limitation; modification of deadlines.--With respect to the amendment made by subsection (a), and the requirements of subsections (b) and (c)-- (A) such amendment and requirements shall not apply until adequate funding is appropriated pursuant to paragraph (3) to implement the provisions of this section, as determined by Congress; and (B) any deadlines otherwise established under this section for such amendment and requirements are contingent upon the receipt of adequate funding (as determined in subparagraph (A)) for such implementation. The previous sentence shall not affect the timely submission of the report required under paragraph (1). (3) Authorization of appropriations.-- (A) In general.--In addition to any amounts made available to the Secretary of Health and Human Services for the Program Management Account of the Centers for Medicare & Medicaid Services for administrative expenses and to the Commissioner of Social Security for administrative expenses, and subject to subparagraph (B), taking into consideration the report submitted under paragraph (1), there are authorized to be appropriated such sums as are necessary to carry out the previous subsections of this section, including section 205(c)(2)(C)(xi) of the Social Security Act, as added by subsection (a), for each of the five fiscal years beginning after the date of submittal of the report under paragraph (1). (B) Limitation.--Such funds are not authorized to be appropriated until after receipt of the report provided under paragraph (1).

Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).

To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detection Canine Augmentation Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Detection canines are an important part of a layered homeland security system to prepare for, respond to, mitigate against, and prevent acts of terrorism. (2) Detection canines can be deployed quickly and can move easily throughout a variety of areas, including mass transit systems, airports, cargo areas, sea ports, the Nation's borders, ports of entry, office buildings, and stadiums. (3) Detection canines can be trained to detect a variety of items, such as explosives, narcotics, concealed humans, and cadavers. (4) Detection canines can be utilized in situations where detection technologies are unavailable, immobile, or not cost- effective. (5) There is a shortage of detection canines available to assist Federal, State, and local law enforcement personnel as they put their lives at risk daily to protect the Nation. (6) The Congress has authorized 2,000 new Border Patrol agents for each of the next 5 years without a corresponding increase in the number of detection canines deployed with these Border Patrol agents. (7) Detection canines have been deployed to the Nation's busiest airports. However, the Transportation Security Administration must increase the capacity of its canine training program in order to train and deploy canines to the Nation's mass transit systems. (8) Urban search and rescue canines and cadaver detection canines were used effectively in the Gulf Coast region to respond to Hurricanes Katrina and Rita. (9) The Bureau of United States Customs and Border Protection, the United States Secret Service, the Coast Guard, and the Federal Protective Service regularly use detection canines to secure National Special Security Events, protect Federal buildings and their occupants, and protect the Nation's sea ports. (10) The Subcommittee on Management, Integration, and Oversight of the Committee on Homeland Security of the House of Representatives held a hearing on September 28, 2005, regarding the use of detection canines in support of homeland security activities. At the hearing, Subcommittee Members were informed by several Federal agencies, a local transit police department, a private canine security company, and a university-based canine training center that there is a shortage of trained detection canines. SEC. 3. INCREASING THE NUMBER OF TRAINED DETECTION CANINES. In each of fiscal years 2007 through 2011, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of trained detection canines as follows: (1) Customs and border protection.--Increase by not less than 25 percent the number of trained canine detection teams deployed at and between the Nation's ports of entry. (2) Transportation security administration.--Increase by not less than 25 percent the number of trained detection canines deployed at the Nation's airports and mass transit systems. (3) Coast guard, united states secret service, federal protective service, and federal emergency management agency.-- Increase by not less than 25 percent the number of trained detection canine teams available to Coast Guard stations, Secret Service operations, and Federal Protective Service operations across the country, and to the Federal Emergency Management Agency to ensure their availability as needed in emergencies. SEC. 4. COORDINATION AND ENHANCEMENT OF CANINE TRAINING PROGRAMS. (a) In General.--The Secretary of Homeland Security shall-- (1) fully coordinate the Department of Homeland Security's canine training programs that support the Department's counter- terrorism, counter-smuggling, transportation security, border security, and other missions, including with respect to the research and development of new training methods; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other Federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to Federal, State, and local law enforcement agencies. (b) Report.--The Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate within 120 days after the date of the enactment of this Act regarding the Department's plan to coordinate and consolidate its canine training programs. The report shall include how the Department will increase coordination with other Federal agencies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives in the Department of Justice, that operate canine training programs. SEC. 5. CANINE PROCUREMENT. The Secretary of Homeland Security shall-- (1) make it a priority to increase the number of domestically bred canines used by the Department of Homeland Security to assist in its counter-terrorism mission, including the protection of ports of entry and along the United States border; and (2) consult with other Federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines and consolidate canine procurement, where possible, across the Federal Government to reduce the cost of purchasing canines.

Detection Canine Augmentation Act of 2005 - Directs the Secretary of Homeland Security to increase the number of trained detection canines at specified federal agencies. Directs the Secretary to: (1) coordinate fully the Department of Homeland Security's canine training programs that support its counter-terrorism, counter-smuggling, transporation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to federal, state, and local law enforcement agencies. Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used to assist in the Department's counter-terrorism mission; and (2) consult with other federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines, and consolidate canine procurement, where possible, across the federal government to reduce the cost of purchasing canines.

To increase the number of trained detection canines of the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 2015''. SEC. 2. CHANGES IN THE BASELINE. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(c)) is amended-- (1) in the second sentence of paragraph (1), by striking all that follows ``current year,'' and inserting ``excluding resources designated as an emergency requirement and any resources provided in supplemental appropriation laws.''; (2) by striking paragraphs (2), (3), (4), and (5); (3) by redesignating paragraph (6) as paragraph (2); and (4) by inserting after paragraph (2), as so redesignated, the following: ``(3) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Expenditures and Appropriations.--Section 1105(a)(5) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b), estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and at least the 4 fiscal years following that year, and, except for detailed budget estimates, the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and for appropriations.''. (b) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended to read as follows: ``(6)(A) estimated receipts of the Government in the current year and the fiscal year for which the budget is submitted and at least the 4 fiscal years after that year under-- ``(i) laws in effect when the budget is submitted; and ``(ii) proposals in the budget to increase revenues; and ``(B) the percentage change (in the case of each category referred to in clauses (i) and (ii) of subparagraph (A)) between the current year and the fiscal year for which the budget is submitted and between the current year and each of the 9 fiscal years after the fiscal year for which the budget is submitted.''. (c) Legislative Proposals.--Section 1105(a)(12) of title 31, United States Code, is amended to read as follows: ``(12) for each proposal in the budget for legislation that establishes or expands a Government activity or function a table showing-- ``(A)(i) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; ``(ii) the estimated appropriation required because of the proposal for each of at least the 4 fiscal years after that year that the proposal will be in effect; and ``(iii) the estimated amount for the same activity or function, if any, in the current fiscal year; and ``(B) except for detailed budget estimates, the percentage change (in the case of each category referred to in clauses (i), (ii), and (iii) of subparagraph (A)) between the current year and the fiscal year for which the budget is submitted.''. (d) Comparisons.--Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Expenditures and Tables.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) (relating to a list of plans and reports) as paragraph (39); and (2) by adding at the end the following: ``(40) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction. ``(41) a table on sources of growth in total direct spending under current law and as proposed in the budget submission for the budget year and at least the ensuing 9 fiscal years, which shall include changes in outlays attributable to-- ``(A) cost-of-living adjustments; ``(B) changes in the number of program recipients; ``(C) increases in medical care prices, utilization and intensity of medical care; and ``(D) residual factors.''. (f) Current Programs.--Section 1109(a) of title 31, United States Code, is amended by inserting after the first sentence the following: ``For discretionary spending, these estimates shall assume the levels no higher than those set forth in the discretionary spending limits under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), as adjusted, for the appropriate fiscal years (and if no such limits are in effect, these estimates shall assume adjusted levels no higher than those for the most recent fiscal year for which such levels were in effect).''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C. 632(e)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The basis of deliberations in developing such joint resolution shall be the estimated budgetary levels for the preceding fiscal year. Any budgetary levels pending before the committee and the text of the joint resolution shall be accompanied by a document comparing such levels or such text to the estimated levels of the prior fiscal year.''; and (2) in paragraph (2)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years and the proposed increase or decrease of spending in percentage terms for each function.''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) Comparable Levels.--Section 202(e)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended in the first sentence by inserting ``compared to comparable levels for the current year'' before the comma at the end of subparagraph (A) and before the comma at the end of subparagraph (B). (b) Sources of Spending Growth.--Section 202(e)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended by inserting after the first sentence the following: ``Such report shall also include a table on sources of spending growth in total direct spending, revenue, deficit, and debt for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to (A) cost-of-living adjustments, (B) changes in the number of program recipients, (C) increases in medical care prices, utilization and intensity of medical care, and (D) residual factors.''. (c) Comparison of Levels.--Section 308(a)(1)(B) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a)(1)(B)) is amended by inserting ``and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``, if timely submitted''.

Baseline Reform Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to change the assumptions used in calculating the baseline for discretionary spending and to require budget estimates to be compared with the levels from the prior year. The baseline is a projection of federal spending and receipts during the fiscal year under current law. This bill changes the assumptions used for the discretionary spending baseline to eliminate adjustments required under current law for inflation, expiring housing contracts, social insurance administrative expenses, pay adjustments, and changes to other personnel benefits. The bill prohibits adjustments for inflation or any other factor. The President's budget must include: (1) comparisons of the proposed budgetary levels with the prior year's levels, (2) the sources of growth in direct spending under current law and as proposed in the budget, and (3) estimates of discretionary spending for current programs that assume compliance with discretionary spending limits under current law. The congressional budget committees must use budgetary levels from the prior fiscal year as the basis for deliberations in developing the congressional budget resolution and include comparisons with the prior fiscal year in the report accompanying the resolution. The Congressional Budget Office must include additional details in required reports to Congress, including comparisons to the prior year and the sources of growth in spending.

Baseline Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Devil's Staircase Wilderness Act of 2009''. SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL'S STAIRCASE WILDERNESS, OREGON. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon administered by the Forest Service and the Bureau of Land Management, comprising approximately 30,520 acres, as generally depicted on the map titled ``Devil's Staircase Wilderness Proposal'', dated October 26, 2009, are designated as a wilderness area for inclusion in the National Wilderness Preservation System and to be known as the ``Devil's Staircase Wilderness''. (b) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of wilderness area designated by subsection (a). The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. In the case of any discrepancy between the acreage specified in subsection (a) and the map, the map shall control. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. SEC. 3. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the Devil's Staircase Wilderness Area shall be administered by the Secretaries of Agriculture and the Interior, in accordance with the Wilderness Act and the Oregon Wilderness Act of 1984, except that, with respect to the wilderness area, any reference in the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (b) Forest Service Roads.--As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture shall-- (1) decommission any National Forest System road within the wilderness boundaries; and (2) convert Forest Service Road 4100 within the wilderness boundary to a trail for primitive recreational use. SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTERESTS. Any land within the boundary of the wilderness area designated by this Act that is acquired by the United States shall-- (1) become part of the Devil's Staircase Wilderness Area; and (2) be managed in accordance with this Act and any other applicable law. SEC. 5. FISH AND WILDLIFE. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Oregon with respect to wildlife and fish in the national forests. SEC. 6. BUFFER ZONES. (a) In General.--As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for designation of the wilderness area under this Act to lead to the creation of protective perimeters or buffer zones around the wilderness area. (b) Activities or Uses up to Boundaries.--The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. SEC. 7. WITHDRAWAL. Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness area by this Act is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 8. PROTECTION OF TRIBAL RIGHTS. Nothing in this Act shall be construed to diminish-- (1) the existing rights of any Indian tribe; or (2) tribal rights regarding access to Federal lands for tribal activities, including spiritual, cultural, and traditional food gathering activities. SEC. 9. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN CREEK, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by inserting the following paragraphs: ``(__) Franklin creek, oregon.--The 4.5-mile segment from the headwaters to the private land boundary in section 8 to be administered by the Secretary of Agriculture as a wild river. ``(__) Wasson creek, oregon.-- ``(A) The 4.2-mile segment from the eastern edge of section 17 downstream to the boundary of sections 11 and 12 to be administered by the Secretary of Interior as a wild river. ``(B) The 5.9-mile segment downstream from the boundary of sections 11 and 12 to the private land boundary in section 22 to be administered by the Secretary of Agriculture as a wild river.''.

Devil's Staircase Wilderness Act of 2009 - Designates certain federal land in Oregon as the Devil's Staircase Wilderness and as a wilderness area for inclusion in the National Wilderness Preservation System. Requires the Devil's Staircase Wilderness Area to be administered by the Secretaries of Agriculture and the Interior, subject to valid existing rights. Requires the Secretary of Agriculture to decommission any National Forest System road within the wilderness boundaries and to convert Forest Service Road 4100 to a trail for primitive recreational use. Deems land acquired by the United States within the boundary of the Wilderness Area as part of the Devil's Staircase Wilderness. Specifies this Act's effect on fish and wildlife, buffer zones, and tribal rights. Withdraws the federal land designated as a wilderness area by this Act from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System.

To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild or recreation rivers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Premier Certified Lenders Program Improvement Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Premier Certified Lenders Program (PCLP) established under section 508 of the Small Business Investment Act of 1958 (15 U.S.C. 697e) has been very successful in helping small businesses expand. (2) Increasing the number of premier certified lenders will allow the Government to make available more resources to small businesses even as the Small Business Administration downsizes. (3) The PCLP requires premier certified lenders to set aside unnecessarily large amounts in loss reserve accounts. (4) Requiring premier certified lenders to maintain unnecessarily large loss reserve accounts is inefficient and limits the ability of lenders to serve additional small businesses and of new lenders to join the PCLP. (5) Premier certified lenders should be required to maintain loss reserve accounts in amounts commensurate with the risk of loss associated with the PCLP loan portfolio of the lender. (6) Changing the PCLP to require that premier certified lenders maintain loss reserve accounts in amounts which reflect the risk of loss associated with the loans of the PCLP will protect taxpayers and improve the ability of the PCLP to help small businesses create economic development. SEC. 3. ALTERNATIVE LOSS RESERVE FOR CERTAIN PREMIER CERTIFIED LENDERS. (a) In General.--Section 508(c) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(c)) is amended by adding at the end the following new paragraph: ``(7) Alternative loss reserve.-- ``(A) Election.--With respect to any calendar quarter, any qualified high loss reserve PCL may elect to have the requirements of this paragraph apply in lieu of the requirements of paragraphs (2) and (4). ``(B) Contributions.-- ``(i) Ordinary rules inapplicable.--Except as provided under clause (ii) and paragraph (5), a qualified high loss reserve PCL which makes the election described in subparagraph (A) with respect to a calendar quarter shall not be required to make contributions to its loss reserve during such quarter. ``(ii) Based on risk of loss.--A company which makes the election described in subparagraph (A) with respect to any calendar quarter shall, before the last day of such quarter, make such contributions to its loss reserve as are necessary to ensure that the amount of the loss reserve of the company is-- ``(I) not less than $25,000; and ``(II) sufficient, as determined by a third-party auditor employed by the company, to protect the Federal Government from the risk of loss associated with the portfolio of PCLP loans of the company. ``(C) Qualified high loss reserve pcl.--The term `qualified high loss reserve PCL' means, with respect to any calendar year, any company designated as a premier certified lender, if the Administrator determines that-- ``(i) the amount of the loss reserve of the company is not less than $25,000; ``(ii) the company has established a process for analyzing the risk of loss associated with its portfolio of PCLP loans and for grading each PCLP loan made by the company on the basis of the risk of loss associated with such loan; and ``(iii)(I) in the case of a company which was a qualified high loss reserve PCL with respect to the preceding calendar year, a third-party auditor employed by the company has certified during each calendar quarter of such year that the amount of the loss reserve of the company is sufficient to protect the Federal Government from the risk of loss associated with the portfolio of PCLP loans of the company; and ``(II) in the case of any other company, a third-party auditor employed by the company has certified during the preceding 90 days that the loss reserve of the company is sufficient to protect the Federal Government from the risk of loss associated with the portfolio of PCLP loans of the company. ``(D) PCLP loan.--For purposes of this paragraph, the term `PCLP loan' means any loan guaranteed under this section. ``(E) Calendar quarter.--For purposes of this paragraph, the term `calendar quarter' means-- ``(i) the period which begins on January 1 and ends on March 31 of each year; ``(ii) the period which begins on April 1 and ends on June 30 of each year; ``(iii) the period which begins on July 1 and ends on September 30 of each year; or ``(iv) the period which begins on October 1 and ends on December 31 of each year.''. (b) Conforming Amendment.--Section 508(b)(2)(D) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)(D)) is amended by striking ``subsection (c)(2)'' and inserting ``subsection (c)''.

Premier Certified Lenders Program Improvement Act of 2002 - Amends the Small Business Investment Act of 1958 to make loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $25,000; and (2) sufficient, as determined by a third-party auditor, to protect the Government from the risk of loss associated with the PCL's portfolio of loans. Designates such PCLs as qualified high loss reserve PCLs. Provides related loss reserve requirements.

To amend the Small Business Investment Act of 1958 to allow certain premier certified lenders to elect to maintain an alternative loss reserve.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Detention of Youth Status Offenders Act of 2014''. 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) by striking ``shall'' the first place it appears; (B) in subparagraph (A)-- (i) in clause (i), by inserting ``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; (C) in subparagraph (B), by striking ``and'' at the end; and (D) by adding at the end the following: ``(C) if a court determines the juvenile should be placed in a secure detention facility or 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 has been violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a 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 correctional facility, and includes a plan for the juvenile's release from such facility; and ``(V) may not be renewed or extended; and ``(ii) the court may not issue a second or 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 any juvenile held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody 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; ``(E) juvenile status offenders detained or confined in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph may only be detained in secure custody one time in any six-month period, provided that all conditions set forth in subsection (D) are satisfied; and ``(F) not later than one year after the date of enactment of this subparagraph, with a single one-year extension if the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders as described in paragraph (A)(ii) to provide secure lockup of status offenders;''; and (2) by adding at the end the following: ``(g) Applications for Extension for Compliance.--States may apply for a single one-year extension to comply with subsection (a)(11). To apply, State must submit an application to the Administrator describing-- ``(1) the State's measurable progress and good faith effort to reduce the number of status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph; and ``(2) the State's plan to come into compliance not later than 1 year after the date of extension.''.

Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that has been violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) 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 or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Provides that a juvenile status offender may only be detained once in any six-month period. Eliminates, not later than one year after the enactment of this Act, the use of valid court orders to provide secure lockup of juvenile status offenders.

Prohibiting Detention of Youth Status Offenders Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perkins County Rural Water System Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) in 1977, the North Dakota State Legislature authorized and directed the State Water Commission to conduct the Southwest Area Water Supply Study, which included water service to a portion of Perkins County, South Dakota; (2) amendments made by the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 101-294) authorized the Southwest Pipeline project as an eligible project for Federal cost share participation; and (3) the Perkins County Rural Water System has continued to be recognized by the State of North Dakota, the Southwest Water Authority, the North Dakota Water Commission, the Department of the Interior, and Congress as a component of the Southwest Pipeline Project. SEC. 3. DEFINITIONS. In this Act: (1) Corporation.--The term ``Corporation'' means the Perkins County Rural Water System, Inc., a nonprofit corporation established and operated under the laws of the State of South Dakota substantially in accordance with the feasibility study. (2) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Study for Rural Water System for Perkins County Rural Water System, Inc.'', as amended in March 1995. (3) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as described in the feasibility study. (4) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of the water supply system by the Corporation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. (6) Water supply system.--The term ``water supply system'' means intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines operated by the Perkins County Rural Water System, Inc., to the point of delivery of water to each entity that distributes water at retail to individual users. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the Corporation for the Federal share of the costs of-- (1) the planning and construction of the water supply system; and (2) repairs to existing public water distribution systems to ensure conservation of the resources and to make the systems functional under the new water supply system. (b) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water supply system; and (2) a final engineering report and a plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 6. USE OF PICK-SLOAN POWER. For operation during the period beginning May 1 and ending October 31 of each year, portions of the water supply system constructed with assistance under this Act shall be eligible to utilize power from the Pick-Sloan Missouri Basin Program established by section 9 of the Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as the Flood Control Act of 1944. SEC. 7. FEDERAL SHARE. The Federal share under section 4 shall be 75 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. SEC. 8. NON-FEDERAL SHARE. The non-Federal share under section 4 shall be 25 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. SEC. 9. CONSTRUCTION OVERSIGHT. (a) Authorization.--At the request of the Corporation, the Secretary may provide to the Corporation assistance in overseeing matters relating to construction of the water supply system. (b) Project Oversight Administration.--The amount of funds used by the Secretary for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the project to be constructed in Perkins County, South Dakota. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) $15,000,000 for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the mitigation of fish and wildlife losses during System construction and operation on an acre-for-acre basis, based on ecological equivalency, and concurrent with project construction. Makes portions of the System constructed with assistance under this Act eligible to utilize power from the Pick-Sloan Missouri Basin Program for operation from May 1 to October 31 of each year. Provides the Federal share (75 percent) of System planning, construction, and development costs. Authorizes the Secretary, at the Corporation's request, to provide assistance in overseeing matters relating to System construction. Authorizes appropriations.

Perkins County Rural Water System Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Veterans Disabled for Life Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Armed Forces of the United States have answered the call and served with distinction around the world--from hitting the beaches in World War II in the Pacific and Europe, to the cold and difficult terrain in Korea, the steamy jungles of Vietnam, and the desert sands of the Middle East. (2) All Americans should commemorate those who come home having survived the ordeal of war, and solemnly honor those who made the ultimate sacrifice in giving their lives for their country. (3) All Americans should honor the millions of living disabled veterans who carry the scars of war every day, and who have made enormous personal sacrifices defending the principles of our democracy. (4) In 2000, Congress authorized the construction of the American Veterans Disabled for Life Memorial. (5) The United States should pay tribute to the Nation's living disabled veterans by minting and issuing a commemorative silver dollar coin. (6) The surcharge proceeds from the sale of a commemorative coin would raise valuable funding for the construction of the American Veterans Disabled for Life Memorial. 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 disabled American veterans, 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 design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Disabled Veterans' LIFE Memorial Foundation 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, 2010. 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 Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Disabled Veterans' LIFE Memorial Foundation as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins in commemoration of disabled American veterans and emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial. Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York. Limits the period for coin issuance to calendar year 2010. Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.

A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Salmon and Fisheries Predation Prevention Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) prevention of predation by sea lions, recovery of salmonid stocks listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and prevention of the future listings of fish stocks in the Columbia River under such Act are a vital priority; and (2) the Federal Government should continue to fund lethal and nonlethal removal of sea lions as well as deterrence measures for preventing such predation. SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER NONLISTED FISH SPECIES. Section 120(f) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(f)) is amended to read as follows: ``(f) Temporary Marine Mammal Removal Authority on the Waters of the Columbia River and Its Tributaries.-- ``(1) Removal authority.--Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity to authorize the intentional lethal taking on the waters of the Columbia River and its tributaries of individually identifiable sea lions that are part of a population or stock that is not categorized under this Act as depleted or strategic for the purpose of protecting-- ``(A) species of salmon, steelhead, or eulachon that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and ``(B) species of lamprey or sturgeon that are not listed as endangered or threatened but are listed as a species of concern. ``(2) Permit process.-- ``(A) In general.--An eligible entity may apply to the Secretary for a permit under this subsection. ``(B) Deadline for consideration of application.-- The timelines and procedures described in subsection (c) shall apply to applications for permits under this subsection in the same manner such timelines apply to applications under subsection (b). ``(C) Coordination.--The Secretary shall establish procedures for coordination among eligible entities, including application procedures and timelines, geographic and species-specific considerations, and monitoring and periodic review. ``(D) Duration of permit.--A permit under this subsection shall be effective for not more than 5 years and may be renewed by the Secretary. ``(3) Limitations on annual takings.--The process for determining limitations on annual take of sea lions will follow the process established in subsection (c) and the cumulative number of sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed 10 percent of the annual potential biological removal level for sea lions. ``(4) Qualified individuals.--Intentional lethal takings under this subsection shall be humane and shall be implemented by agencies or qualified individuals described in subsection (c)(4), or by individuals employed by the eligible entities described in paragraph (6). ``(5) Suspension of permitting authority.--If, 5 years after the date of the enactment of the Endangered Salmon and Fisheries Predation Prevention Act, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, the Secretary shall suspend the issuance of permits under this subsection. ``(6) Eligible entity defined.-- ``(A) In general.-- ``(i) Definition.--In this subsection, subject to subparagraph (B), the term `eligible entity' means-- ``(I) with respect to removal in the mainstem of the Columbia River and its tributaries, the State of Washington, the State of Oregon, and the State of Idaho; ``(II) with respect to removal in the mainstem of the Columbia River and its tributaries, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Intertribal Fish Commission; and ``(ii) Delegation authority.--The Secretary may allow an eligible entity described in clause (i)(I) or (i)(II) to delegate its authority under a permit under this subsection to any eligible entity described in clause (i)(I) or (i)(II). ``(B) Additional eligibility.-- ``(i) In general.--Subject to the approval of the Secretary and in consultation with the Indian Tribes in subparagraph (A)(i)(II)-- ``(I) the State of Washington may enter into a memorandum of understanding with the Cowlitz Indian Tribe for deterrence and removal of sea lions on the Cowlitz River. ``(II) the State of Oregon may enter into a memorandum of understanding with the Confederated Tribes of the Grand Ronde Community of Oregon and the Confederated Tribes of Siletz Indians of Oregon for deterrence and removal of sea lions on the Willamette River. ``(ii) Considerations.--In determining eligibility under this subparagraph, the Secretary shall consider the capacity of each Indian tribe to manage wildlife to meet the requirements of this Act. ``(7) Individual exception.--For purposes of this section, any sea lion located upstream of Columbia River river mile 112, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be individually identifiable. ``(8) Significant negative impact exception.--For purposes of this section, any sea lion located in the mainstem of the Columbia River upstream of river mile 112, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be having a significant negative impact on the decline or recovery of salmonid fishery stocks described in subsection (b)(1). ``(9) Definition.--In this subsection, the term `Indian tribe' has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).''. SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES. Nothing in this Act or the amendments made by this Act shall be construed to affect or modify any treaty or other right of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). SEC. 5. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall study and report to the Congress on the potential effects of the lethal taking of sea lions on the recovery of salmonid stocks in the waters of the Columbia River and the tributaries of the Columbia River. Passed the House of Representatives June 26, 2018. Attest: KAREN L. HAAS, Clerk.

Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation.

Endangered Salmon and Fisheries Predation Prevention Act

SECTION 1. CHARTER. The Ukrainian American Veterans, Incorporated, organized and incorporated under the laws of the State of New York, is hereby recognized and granted a Federal charter. SEC. 2. POWERS. The corporation shall have only the powers granted to it through its bylaws and articles of incorporation filed in the States in which it is incorporated and subject to the laws of such States. SEC. 3. PURPOSES. The purposes of the corporation are those provided in its articles of incorporation and include a commitment, on a national basis, to-- (1) preserve, protect, and defend the Constitution of the United States; (2) commemorate the wars, campaigns, and military actions of the United States in order to reflect respect, honor, and tribute for the dead and the surviving veterans; (3) give individuals throughout the Nation a greater understanding of and appreciation for the sacrifices of the people who participated in any military action on behalf of individuals throughout the United States; (4) stimulate, to the highest degree possible, the interest of the entire Nation in the problems of veterans, their widows, and orphans; (5) collect, edit, publish, and preserve records and mementos of patriotic service of veterans of the Armed Forces of the United States; and (6) foster the association of veterans of Ukrainian descent who have served in the Armed Forces of the United States. SEC. 4. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation may inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. No provision in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer or director of the corporation, acting as such officer or director, may 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 may not issue any shares of stock or declare or pay any dividends. (e) Claims of Federal Approval.--The corporation may not claim the approval of the Congress or the authorization of the Federal Government for any of its activities. (f) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of the State of New York. (g) Corporate Function.--The corporation shall function as an educational, patriotic, civic, and historical organization under the laws of the States in which it is incorporated. SEC. 5. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever the officers, directors, employees, and agents act within the scope of their authority. SEC. 6. 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 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.--No provision of this section may be construed to contravene any applicable State law. SEC. 7. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under the Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``Ukrainian American Veterans, Incorporated.''. SEC. 8. ANNUAL REPORT. The corporation shall annually submit to the Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted at the same time as is the report of the audit required by section 7. The report shall not be printed as a public document. SEC. 9. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER. The right to amend or repeal this Act is expressly reserved to the Congress. SEC. 10. DEFINITIONS. For purposes of this Act-- (1) the term ``corporation'' means the Ukrainian American Veterans, Incorporated; and (2) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Trust Territories of the Pacific Islands, or any other territory or possessions of the United States. SEC. 11. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 12. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any provisions of this Act.

Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York).

To recognize the organization known as the Ukrainian American Veterans, Incorporated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Frontline Health Care Act of 2011''. SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) by redesignating the second subpart XI (as added by section 10333 of Public Law 111-148) as subpart XII; (2) by redesignating the second section 340H (as added by such section 10333) as section 340I; and (3) by adding at the end the following: ``Subpart XIII--Frontline Health Care Services ``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. ``(a) In General.--The Secretary shall establish and carry out a Frontline Providers Loan Repayment Program (in this section referred to as the `Loan Repayment Program') under which, pursuant to contracts in accordance with this section-- ``(1) the Secretary agrees to make student loan repayments; and ``(2) the individual agrees to serve as a health professional for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area. ``(b) Eligibility.--To be eligible to participate in the Loan Repayment Program, an individual must-- ``(1) submit an application to participate in the Loan Repayment Program in such form and manner and at such time as specified by the Secretary; and ``(2) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)). ``(c) Participation in Program.-- ``(1) In general.--An individual becomes a participant in the Loan Repayment Program only upon the approval of the Secretary of the individual's application submitted under subsection (b)(1) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(2). ``(2) Preference.--In awarding contracts under this section, the Secretary shall give preference to applicants who have undertaken training or coursework in interdisciplinary studies. ``(3) Recruitment for interdisciplinary programs.--The Secretary shall-- ``(A) determine the frontline care scarcity areas in which to place contract recipients under this section; and ``(B) in making such determination, give preference to areas with a demonstrated program of interdisciplinary health care, or with demonstrated plans to initiate interdisciplinary approaches to community health care. ``(4) Notice.--The Secretary shall provide written notice to an individual promptly upon the Secretary's approving, under paragraph (1), of the individual's participation in the Loan Repayment Program. ``(d) Contract.--The contract described in this subsection is a written contract between the Secretary and an individual that contains-- ``(1) an agreement that-- ``(A) the Secretary agrees to provide the individual with student loan repayment (described in subsection (e)) for a period of time as determined by the Secretary, to pay off debts incurred during the course of the study or program described in subsection (g)(2)(B); and ``(B) the individual agrees-- ``(i) to accept provision of such a student loan repayment to the individual; and ``(ii) to provide frontline care services for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for student loan repayment under this section; ``(3) a statement of the damages to which the United States is entitled, under subsection (f), for the individual's breach of the contract; and ``(4) such other statements as the Secretary deems appropriate of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this section. ``(e) Student Loan Repayment.-- ``(1) Amount.--The amount of an annual student loan repayment under this section on behalf of an individual shall be determined by the Secretary, and shall take into consideration the need to pay a sufficient amount to enable recruiting of health care providers into the loan repayment program under this section. ``(2) Payments directly to loan provider.--The Secretary may contract with an individual's loan provider, for the payment to the loan provider, on behalf of the individual, of the amounts of a student loan repayment described in paragraph (1). ``(f) Breach of Contract.--If an individual breaches a written contract under this section by failing to begin such individual's service obligation, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of-- ``(1) the total amount which has been paid to the individual, or on behalf of the individual, under the contract; and ``(2) any amount of interest, as determined by the Secretary. ``(g) Definitions.--In this section: ``(1) The term `frontline care scarcity area' means an area, population group, or facility that-- ``(A) is designated as a health professional shortage area under section 332; or ``(B) is designated by the State in which the area is located as having a shortage of frontline care services. ``(2) The term `frontline care services' means health care services-- ``(A) in the field of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology; and ``(B) provided by a general surgeon, optometrist, ophthalmologist, chiropractor, physical therapist, audiologist, speech language pathologist, pharmacist, public health professional, podiatric physician, registered dietician, occupational therapist, pediatrician, respiratory therapist, medical technologist, otolaryngologist, or radiologic technologist who has completed an appropriate course of study or program, offered by an accredited institution of higher education in the United States. ``(h) Implementation.--The Secretary shall begin implementation of the loan repayment program under this section within 180 days of the date of the enactment of this section.''.

Access to Frontline Health Care Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which the Secretary agrees to make student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Defines "frontline care services" as health care services in the fields of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Building Heights Act of 1994''. SEC. 2. LIMITATIONS ON HEIGHT OF BUILDINGS IN DISTRICT OF COLUMBIA. (a) Use of Street Width to Determine Maximum Height of Building.-- Section 5(a) of the Act entitled ``An Act to regulate the height of buildings in the District of Columbia'', approved June 1, 1910 (sec. 5- 405(a), D.C. Code), is amended-- (1) by striking ``the course of which'' and inserting ``the alignment of which''; and (2) by adding at the end the following: ``For purposes of this subsection, a `street' includes any road, avenue, drive, cart way, or other route open to the public as a regular right- of-way, but does not include an alley.''. (b) Limitations on Size and Height of Roof Structures.--Section 5(h) of such Act (sec. 5-405(h), D.C. Code) is amended by striking ``Spires, towers,'' and all that follows through ``the adjacent roof:'' and inserting the following: ``Roof structures that are not constructed or used for human occupancy (including structures housing machinery or equipment) may be erected to a greater height than any limit otherwise prescribed in this Act if approved by the Mayor of the District of Columbia: Provided, That such structures when above such limit shall be fireproof: Provided further, That such a structure (other than a spire, tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances not less than the structure's height above the adjacent roof: Provided further, That the Mayor of the District of Columbia may not waive the requirement described in the previous proviso with respect to a structure unless the Mayor of the District of Columbia finds that the application of the requirement to the structure will be unduly restrictive or highly impractical, and that the waiver of the requirement will not materially interfere with the purpose of this Act or adversely affect the exposure of adjacent buildings to light and air: Provided further, That for purposes of this subsection, an `exterior or bounding wall' of a building is any wall having a dimension of 4 feet or more in height or horizontal depth exposed to the outside, other than a building wall that directly abuts a structure with a height equal to or greater than the height of the building, and a `roof' is the exterior surface and supporting structure on the top of a building: Provided further, That for purposes of this subsection a skylight shall not be considered a roof structure if it is less than 5 feet in height:''. (c) Increase in Penalties for Violations.-- (1) General penalty for violation.--Section 8 of such Act (sec. 5-408, D.C. Code) is amended by striking ``not less than $10 nor more than $100 per day'' and inserting ``not more than $10,000 per day''. (2) Penalty for violation of injunction.--Section 8 of such Act (sec. 5-408, D.C. Code) is amended by striking ``not less than $100 nor more than $500,'' and inserting ``not more than $100,000,''. SEC. 3. INCREASE IN AUTHORITY OF NATIONAL CAPITAL PLANNING COMMISSION TO ENFORCE BUILDING HEIGHT LIMITATIONS. (a) Requiring NCPC Approval for Roof Structures Exceeding General Limitations.-- (1) In general.--Section 5(h) of the Act entitled ``An Act to regulate the height of buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-405(h), D.C. Code), as amended by section 2(b), is amended by striking ``Mayor of the District of Columbia'' each place it appears and inserting ``Mayor of the District of Columbia and the National Capital Planning Commission''. (2) Conforming amendment.--Section 5(c) of the Act entitled ``An Act providing for a comprehensive development of the park and playground system of the National Capital'', approved June 6, 1924 (sec. 1-2004(c), D.C. Code; 40 U.S.C. 71d(c)), is amended-- (A) by inserting after ``the Council,'' the following: ``and to include the approval of the height of any roof structure of any building in the District of Columbia (as described in section 5(h) of the Act entitled `An Act to regulate the height of buildings in the District of Columbia', approved June 1, 1910),''; and (B) by striking the period at the end and inserting the following: ``, and its approval or disapproval respecting any such height within 45 days after the day it was submitted to the Commission.''. (b) Permitting NCPC or Members to Request NCPC Approval of Height of Any Building in District.--Section 5(c) of the Act entitled ``An Act providing for a comprehensive development of the park and playground system of the National Capital'', approved June 6, 1924 (sec. 1- 2004(c), D.C. Code; 40 U.S.C. 71d(c)), as amended by subsection (a)(2), is amended by inserting after ``June 1, 1910),'' the following: ``and, at the request of the Commission or any of its members, the determination of whether any building proposed to be constructed in the District of Columbia meets the requirements of such Act,''. (c) Providing Standing for NCPC or Members To Enforce Building Height Limitations.-- (1) Authority of commission and members.--Section 5 of the Act entitled ``An Act providing for a comprehensive development of the park and playground system of the National Capital'', approved June 6, 1924 (sec. 1-2004, D.C. Code; 40 U.S.C. 71d) is amended by adding at the end the following new subsection: ``(f)(1) The Commission and each of its members shall have standing to enforce any limitation on buildings and structures in the District of Columbia described in the Act entitled `An Act to regulate the height of buildings in the District of Columbia', approved June 1, 1910. ``(2) If a member of the Commission exercises the authority provided under paragraph (1) to enforce a limitation on buildings and structures, the member shall exercise the authority in the member's own name and at the member's own expense unless the Commission authorizes the member to exercise the authority in the name of the Commission and at the Commission's expense.''. (2) Conforming authority under building heights act.-- Section 8 of the Act entitled ``An Act to regulate the height of buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-408, D.C. Code), is amended-- (A) in the first sentence, by striking ``his assistants'' and inserting ``his assistants, or by the National Capital Planning Commission or any of its members (in accordance with section 5(f) of the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital', approved June 6, 1924),''; and (B) in the second sentence, by inserting after ``District of Columbia'' the first place it appears the following: ``or the National Capital Planning Commission or any of its members (in accordance with section 5(f) of the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital', approved June 6, 1924)''. (3) Conforming amendment.--Section 11 of the Act of June 20, 1938 (52 Stat. 801; sec. 5-427, D.C. Code) is amended by adding at the end the following: ``Nothing in this section shall be construed to limit the standing of the National Capital Planning Commission or any of its members to enforce any limitation on buildings and structures in the District of Columbia pursuant to section 5(f) of the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital', approved June 6, 1924.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to buildings and structures in the District of Columbia for which building permits or modifications to building permits are issued on or after March 23, 1994.

District of Columbia Building Heights Act of 1994 - Amends the District of Columbia Code to revise provisions with respect to street widths controlling building heights in the District to require that if the alignment (currently, course) of streets forming an intersection is not interrupted by a public space or reservation confronting a building, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Defines "street" to mean any road, avenue, drive, cart way, or other route open to the public as a regular right-of-way, but not an alley. Replaces provisions allowing the heights of spires, towers, domes, minarets, pinnacles, penthouses over elevator shafts, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks to exceed mandatory limitations with provisions allowing roof structures that are not constructed or used for human occupancy to be erected to a greater height than any mandatory limit for the District with the Mayor's approval, provided that: (1) the roof structure must be fireproof; and (2) such structure (other than a spire, tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances (not less than) its height above the adjacent roof. Authorizes the Mayor to waive the latter requirement if it would be unduly restrictive or impracticable and if such waiver would not materially interfere with the Act or adversely affect the exposure of adjacent buildings to light and air. Provides that a skylight shall not be considered a roof structure if it is less than five feet in height. Increases the fine for violation of: (1) the Act to not more than $10,000 per day (currently, not less than ten dollars nor more than $100 per day); and (2) a court injunction resulting from such violation to not more than $100,000 (currently, not less than $100 nor more than $500). Requires the approval of the National Capital Planning Commission (NCPC) and the Mayor before a roof structure of any building in the District can exceed building height limitations. Allows the NCPC or any of its members to request a determination of whether any building proposed to be constructed in the District meets mandatory requirements. Provides that the NCPC and each of its members shall have standing to enforce any limitation on the heights of buildings and structures in the District.

District of Columbia Building Heights Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (3) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (4) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (5) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; and (6) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers. SEC. 3. BACKGROUND CHECKS. (a) In General.--An association of employers of private security officers, designated for the purpose of this section by the Attorney General, may submit fingerprints or other methods of positive identification approved by the Attorney General, to the Attorney General on behalf of any applicant for a State license or certificate of registration as a private security officer or employer of private security officers. In response to such a submission, the Attorney General may, to the extent provided by State law conforming to the requirements of the second paragraph under the heading ``Federal Bureau of Investigation'' and the subheading ``Salaries and Expenses'' in title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which such applicant has applied. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that States should participate in the background check system established under section 3. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``employee'' includes an applicant for employment; (2) the term ``employer'' means any person that-- (A) employs one or more private security officers; or (B) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); (3) the term ``private security officer''-- (A) means-- (i) an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, or (ii) an individual who is an employee of an electronic security system company who is engaged in one or more of the following activities in the State: burglar alarm technician, fire alarm technician, closed circuit television technician, access control technician, or security system monitor; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, or (v) an individual on active duty in the military service; (4) the term ``certificate of registration'' means a license, permit, certificate, registration card, or other formal written permission from the State for the person to engage in providing security services; (5) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the secure movement of prisoners; (G) the maintenance of order and safety at athletic, entertainment, or other public activities; (H) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (I) the transportation of money or other valuables by armored vehicle; and (6) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Passed the House of Representatives September 26, 1996. Attest: ROBIN H. CARLE, Clerk.

Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Expresses the sense of the Congress that States should participate in the background check system established under this Act.

Private Security Officer Quality Assurance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sierra National Forest Land Exchange Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Sequoia Council of the Boy Scouts of America. (2) Federal land.--The term ``Federal land'' means the parcel of land comprising 160 acres and located in E\1/2\SW\1/4\ and W\1/ 2\SE\1/4\, sec. 30, T. 9 S., R. 25 E., Mt. Diablo Meridian, California. (3) Non-federal land.--The term ``non-Federal land'' means a parcel of land comprising approximately 80 acres and located in N\1/2\NW\1/4\, sec. 29, T. 8 S., R. 26 E., Mt. Diablo Meridian, California. (4) Project no. 67.--The term ``Project No. 67'' means the hydroelectric project licensed pursuant to the Federal Power Act (16 U.S.C. 791a et seq.) as Project No. 67. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA. (a) Exchange Authorized.-- (1) In general.--If, during the 1-year period beginning on the date of enactment of this Act, the owner of the non-Federal land offers to convey to the United States title to the non-Federal land and to make a cash equalization payment of $50,000 to the United States, the Secretary shall convey to the owner of the non-Federal land, all right, title, and interest of the United States in and to the Federal land, except as provided in subsection (d), subject to valid existing rights, and under such terms and conditions as the Secretary may require. (2) Correction and modification of legal descriptions.-- (A) In general.--The Secretary, in consultation with the owner of the non-Federal land, may agree to make corrections to the legal descriptions of the Federal land and non-Federal land. (B) Modifications.--The Secretary and the owner of the non- Federal land may agree to make minor modifications to the legal descriptions if the modifications do not affect the overall value of the exchange by more than 5 percent. (b) Valuation of Land To Be Conveyed.--For purposes of this section, during the period referred to in subsection (a)(1)-- (1) the value of the non-Federal land shall be considered to be $200,000; and (2) the value of the Federal land shall be considered to be $250,000. (c) Administration of Land Acquired by United States.--On acquisition by the Secretary, the Secretary shall manage the non- Federal land in accordance with-- (1) the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.); and (2) any other laws (including regulations) applicable to the National Forest System. (d) Conditions on Conveyance of Federal Land.--The conveyance by the Secretary under subsection (a) shall be subject to the conditions that-- (1) the recipient of the Federal land convey all 160 acres of the Federal land to the Council not later than 120 days after the date on which the recipient receives title to the Federal land; (2) in accordance with section 4(a), the Secretary grant to the owner of Project No. 67 an easement; and (3) in accordance with section 4(b), the owner of Project No. 67 has the right of first refusal regarding any reconveyance of the Federal land by the Council. (e) Disposition and Use of Cash Equalization Funds.-- (1) In general.--The Secretary shall deposit the cash equalization payment received under subsection (a)(1) in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (2) Use.--Amounts deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land and any interests in land for the National Forest System in the State of California. (f) Cost Collection Funds.-- (1) In general.--The owner of the non-Federal land shall pay to the Secretary all direct costs associated with processing the land exchange under this section. (2) Cost collection account.-- (A) In general.--Any amounts received by the Secretary under paragraph (1) shall be deposited in a cost collection account. (B) Use.--Amounts deposited under subparagraph (A) shall be available to the Secretary until expended, without further appropriation, for the costs associated with the land exchange. (C) Refund.--The Secretary shall provide to the owner of the non-Federal land a refund of any amounts remaining in the cost collection account after completion of the land exchange that are not needed to cover expenses of the land exchange. (g) Land and Water Conservation Fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Sierra National Forest shall be considered to be the boundaries of the Sierra National Forest as of January 1, 1965. SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL. In accordance with the agreement entered into by the Forest Service, the Council, and the owner of Project No. 67 entitled the ``Agreement to Convey Grant of Easement and Right of First Refusal'' and executed on April 17, 2006-- (1) the Secretary shall grant an easement to the owner of Project No. 67; and (2) the Council shall grant a right of first refusal to the owner of Project No. 67. SEC. 5. EXERCISE OF DISCRETION. In exercising any discretion necessary to carry out this Act, the Secretary shall ensure that the public interest is well served. SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER COMMERCIAL PURPOSES. Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C. 15855(d)) is amended by striking ``$50,000,000 for each of the fiscal years 2006 through 2016'' and inserting ``$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Sierra National Forest Land Exchange Act of 2006 - Directs the Secretary of Agriculture to convey specified federal land in Mt. Diablo Meridian, California, in exchange for certain non-federal land in Mt. Diablo Meridian and a payment of $50,000, if the owner of such land offers to make such exchange during the year following enactment of this Act. Requires that the recipient of the federal land convey all 160 acres of such land to the Sequoia Council of the Boy Scouts of America within 120 days after the date on which the recipient receives title to that land. Directs the Secretary to: (1) manage the non-federal land received in accordance with the Weeks Act and any other laws, including regulations, applicable to the National Forest System; and (2) deposit the cash payment received into the fund established by the Sisk Act, to be expended for the acquisition of lands and interests in lands for the National Forest System in California. Requires that the owner of the non-federal land pay to the Secretary all direct costs associated with processing the land exchange. Requires any such amounts received by the Secretary to be deposited in a cost collection account to be expended for the costs associated with the land exchange. Provides for the refund of any amounts remaining in such account after completion of the land exchange that are not needed to cover the expenses of such exchange. Considers the boundaries of the Sierra National Forest to be its boundaries as of January 1, 1965. States that, in accordance with a specified agreement entered into by the Forest Service, the Council, and the owner of the hydroelectric Project No. 67 and executed on April 17, 2006: (1) the Secretary shall grant an easement to the owner of Project No. 67; and (2) the Council shall grant a right of first refusal to that owner. Requires the Council to provide to the owner of the project, under such terms and conditions as are agreed to by the Council and such owner, a right of first refusal to obtain the federal land, or a portion of such land, that the Council proposes to sell, transfer, or otherwise convey. Instructs the Secretary, in exercising any discretion necessary to carry out this Act, to ensure that the public interest is well served. Amends the Energy Policy Act of 2005 to decrease the amount provided for carrying out the Biomass Commercial Use Grant Program and the Improved Biomass Use Grant Program for FY2007-FY2016.

To provide for the exchange of land within the Sierra National Forest, California, and for other purposes.

SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2010''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'' for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1) at least 2 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (3) Timeliness of appointments.--Appointments to the Commission shall be made as expeditiously as possible, but not later than 60 days after the date of enactment of this Act. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests; and (3) examine and determine-- (A) why the Federal Government's use of the exemptions under section 552(b) of title 5, United States Code, increased during fiscal year 2009; (B) the reasons for any increase, including whether the increase was warranted and whether the increase contributed to FOIA processing delays; (C) what efforts were made by Federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests and whether those efforts were successful; and (D) make recommendations on how the use of exemptions under section 552(b) of title 5, United States Code, may be limited. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Archivist of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (j) Transparency.--All meetings of the Commission shall be open to the public, except that a meeting, or any portion of it, may be closed to the public if it concerns matters or information described in chapter 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e). Passed the Senate May 5, 2010. Attest: NANCY ERICKSON, Secretary.

Faster FOIA Act of 2010 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests, and whether those efforts were successful; and (5) make recommendations on how the use of exemptions may be limited. Directs the Commission to report to Congress and the President on the results of the study not later than one year after enactment of this Act.

A bill to establish the Commission on Freedom of Information Act Processing Delays.