Abhinay123/billsum-summarization-filtered2

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adam Walsh Reauthorization Act of 2016''. SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM REAUTHORIZATION. Section 126(d) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16926(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General $20,000,000 for each of the fiscal years 2017 through 2021, to be available only for the SOMA program.''. SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION REQUIREMENTS. Section 142(b) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16941(b)) is amended by striking ``such sums as may be necessary for fiscal years 2007 through 2009'' and inserting ``to the United States Marshals Service not less than $66,300,000 for each of the fiscal years 2017 through 2021''. SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN JUVENILES. Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by striking ``25 years'' and inserting ``15 years''. SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION. Section 118(c) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16918(c)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) any information about a sex offender for whom the offense giving rise to the duty to register was an offense for which the offender was adjudicated delinquent; and''. SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE PENALTY UNDER SORNA. Section 125 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16925(a)) is amended-- (1) by striking ``jurisdiction'' each place it appears and inserting ``State''; (2) in subsection (a)-- (A) by striking ``subpart 1 of part E'' and inserting ``section 505(c)''; and (B) by striking ``(42 U.S.C. 3750 et seq.)'' and inserting ``(42 U.S.C. 3755(c))''; and (3) by adding at the end the following: ``(e) Calculation of Allocation to Units of Local Government.-- Notwithstanding the formula under section 505(c) of the Omnibus Crime Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is subject to a reduction in funding under subsection (a) shall-- ``(1) calculate the amount to be made available to units of local government by the State pursuant to the formula under section 505(c) using the amount that would otherwise be allocated to that State for that fiscal year under section 505(c) of that Act, and make such amount available to such units of local government; and ``(2) retain for the purposes described in section 501 any amount remaining after the allocation required by paragraph (1).''. SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS. Section 635 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16991) is amended-- (1) by striking ``Not later than July 1 of each year'' and inserting ``On January 1 of each year,''; (2) in paragraph (3), by inserting before the semicolon at the end the following: ``, and an analysis of any common reasons for noncompliance with such Act''; (3) in paragraph (4), by striking ``and'' at the end; (4) in paragraph (5), by striking the period at the end and inserting a semicolon; and (5) by adding after paragraph (5) the following: ``(6) the number of sex offenders registered in the National Sex Offender Registry; ``(7) the number of sex offenders registered in the National Sex Offender Registry who-- ``(A) are adults; ``(B) are juveniles; ``(C) are adults, but who are required to register as a result of conduct committed as a juvenile; and ``(D) were convicted of statutory rape as a result of conduct committed as a juvenile; and ``(8) to the extent such information is obtainable, of the number of sex offenders registered in the National Sex Offender Registry who are juveniles-- ``(A) the percentage of such offenders who were adjudicated delinquent; and ``(B) the percentage of such offenders who were prosecuted as adults.''. SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS. (a) Probation Officers.--Section 3603 of title 18, United States Code, is amended in paragraph (8)(A) by striking ``or 4246'' and inserting ``, 4246, or 4248''. (b) Pretrial Services Officers.--Section 3154 of title 18, United States Code, is amended in paragraph (12)(A) by striking ``or 4246'' and inserting ``, 4246, or 4248''. SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING. Section 2255(b) of title 18, United States Code, is amended-- (1) by striking ``three years'' and inserting ``10 years''; and (2) by inserting ``ends'' before the period at the end. SEC. 10. TRIBAL ACCESS PROGRAM. The Attorney General is authorized to provide technical assistance, including equipment, to tribal governments for the purpose of enabling such governments to access, enter information into, and obtain information from, Federal criminal information databases, as authorized under section 534(d) of title 28, United States Code. SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION. Section 116 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16916) is amended-- (1) by striking ``A sex offender shall'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), a sex offender shall''; and (2) by adding at the end the following: ``(b) Alternative Verification Method.--A jurisdiction may allow a sex offender to comply with the requirements under subsection (a) by video conference, or another similar method, except that each offender shall appear in person not less than one time per year. The Attorney General shall approve an alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification that is sufficient to ensure the public safety.''.

Adam Walsh Reauthorization Act of 2016 This bill amends the Sex Offender Registration and Notification Act to: reauthorize through FY2021 the Sex Offender Management Assistance program, reauthorize through FY2021 the activities of the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements, reduce from 25 years to 15 years the required registration period for certain juvenile delinquent sex offenders who maintain a clean record, allow a state, Indian tribe, or territory to exempt from disclosure on a public website information about juvenile delinquent sex offenders, specify how to calculate the allocation of Byrne Memorial Justice Assistance Grant (JAG) program funds for local governments after a state's JAG funds are reduced for failure to comply with sex offender registration and notification standards, and establish an alternative method for complying with the in-person verification requirement. It amends the Adam Walsh Child Protection and Safety Act of 2006 to require the Department of Justice to include additional data in its annual report on the enforcement of sex offender registration requirements. The bill amends the federal criminal code to: modify the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment; and extend the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently 3 years) from the date such individual reaches age 18.

Adam Walsh Reauthorization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commemorative Events Advisory Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the preparation and consideration of the multitude of bills proposing particular days, weeks, months, or years for recognition through Presidential proclamation unduly burdens the Congress and consumes an inordinate amount of time; (2) such proposals could be more efficiently considered by a commission whose sole function would be to review proposals for national commemorative events and to make positive or negative recommendations thereon to the President; (3) such a commission would streamline the process by which such proposals are currently considered and save the Congress considerable time and resources which could be devoted to matters of more pressing national concern; and (4) such a commission would better ensure the impartial review of proposals for national commemorative events generated by a wide variety of constituent groups. SEC. 3. ESTABLISHMENT AND MEMBERSHIP. (a) In General.--There shall be established a commission to be known as the ``President's Advisory Commission on National Commemorative Events'' (hereinafter in this Act referred to as the ``Commission''). (b) Members.--The Commission shall be composed of 11 members, as follows: (1) 2 members shall be appointed by the Speaker of the House of Representatives. (2) 2 members shall be appointed by the President pro tempore of the Senate. (3) 7 members shall be appointed by the President. Members under this paragraph shall represent, insofar as possible, a wide range of educational, geographical, and professional backgrounds. A Member of Congress may not be appointed under this paragraph. All members must be citizens of the United States. (c) Terms.--(1) Each member shall be appointed for a term of 2 years, except as provided in paragraph (2). (2) Of the members first appointed under subsection (b)(3)-- (A) 3 shall be appointed for 1 year, and (B) 4 shall be appointed for 2 years, as designated by the President. (3) If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (d) Vacancies.--A vacancy shall be filled in the manner in which the original appointment was made. A vacancy in the Commission shall not affect its powers. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. (e) Chairman.--The Chairman of the Commission shall be designated by the President from among the members under subsection (b)(3). The term of office of the Chairman shall be 2 years. (f) Quorum.--6 members of the Commission shall constitute a quorum. Action by a quorum shall be necessary for the Commission to issue a recommendation under section 6(d). (g) Meetings.--The Commission shall meet on at least a quarterly basis. Meetings shall be held in the District of Columbia. (h) Pay.--(1) Except as provided in paragraph (2), each member of the Commission shall be paid the daily equivalent of the maximum rate of basic pay payable for grade GS-15 of the General Schedule for each day, including traveltime, during which such member is performing duties of the Commission. (2) Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay by reason of their service on the Commission. (i) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of title 5 of the United States Code. SEC. 4. DIRECTOR; STAFF. (a) Authority.--The Commission may appoint and fix the pay of a Director and such staff as the Commission considers appropriate. (b) Inapplicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum rate of basic pay payable for grade GS-15 of the General Schedule. (c) Staff of Federal Agencies.--Upon request of the Chairman, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold such hearings, take such testimony, and receive such evidence, as it considers appropriate. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property, but not from a source having a direct interest in any matter before the Commission. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 6. DUTIES OF THE COMMISSION. (a) Criteria.--The Commission shall establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved. (b) Submission of Proposals.--The Commission shall establish and publish in the Federal Register procedures for submitting proposals for national commemorative events to the Commission. (c) Review of Proposals.--The Commission shall review all proposals submitted to it in accordance with subsection (b). (d) Recommendation to the President.--The Commission shall issue a recommendation to the President for approval or disapproval of each proposal submitted to it in accordance with subsection (b). Each recommendation shall be accompanied by a brief explanation of the reasons why such recommendation was made. SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS. (a) Effective Date.--This Act shall take effect at the beginning of the One Hundred Third Congress. (b) Commencement; Termination.--(1) Members of the Commission shall be appointed, and the Commission shall first meet, within 90 days after the effective date of this Act. (2) The Commission shall terminate 5 years after the date on which it first meets.

National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.

National Commemorative Events Advisory Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Education Empowerment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 1,000,000 veterans attended institutions of higher education in 2012. (2) Veterans face unique hardships in transitioning from the battlefield to the classroom and eventually to the workforce. (3) The National Endowment for the Humanities' Warrior- Scholar Project found that ``veterans transitioning to college likely have not used academic skills since high school and have difficulty adjusting to a fundamentally different social and cultural environment, [leading] to veterans dropping out of college before earning their degree''. (4) The National Education Association found that veteran students can feel lonely and vulnerable on campus and that ``connecting student veterans can effectively ease this isolation'' by bringing together new veteran students with those who have already successfully navigated the first few semesters of college. (5) The unemployment rate for post--9/11 veterans far outpaces both the overall non-veteran unemployment rate and the unemployment rate for non-veterans entering the workforce for the first time. (6) According to Mission United--a United Way program that helps veterans re-acclimate to civilian life--it is often ``essential'' for veteran students to be mentored by ``another veteran who understands their mindset and experience''. (7) Veteran student centers are recognized as an institutional best practice by the Student Veterans of America. (8) The American Council on Education, which represents more than 1,700 institutions of higher education across the country, has called having a dedicated space for veterans on campus ``a promising way for colleges and universities to better serve veterans on campus'' and a ``critical'' component of many colleges' efforts to serve their veteran students. (9) Budget constraints often make it difficult or impossible for institutions of higher education to dedicate space to veteran offices, lounges, or student centers. (10) The 110th Congress authorized the funding of veteran student centers through the Centers of Excellence for Veteran Student Success under part T of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t). (11) According to the Department of Education, federally funded veteran student centers and staff have generated improved recruitment, retention, and graduation rates, have helped veteran students feel better connected across campus, and have directly contributed to student veterans' successful academic outcomes. SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN STUDENT CENTERS. (a) Establishment.--From the amounts appropriated to carry out this Act, the Secretary of Education shall establish a program to award grants to institutions of higher education to assist in the establishment, maintenance, and improvement of veteran student centers. (b) Eligibility.-- (1) Application.--An institution of higher education seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria.--The Secretary may award a grant under subsection (a) to an institution of higher education if the Secretary determines that the institution of higher education meets the following criteria: (A) The institution has a population of not less than 15,000 students, of which not less than one percent are veterans or members of the Armed Forces. (B) The institution is located in a region or community that has a significant population of veterans. (C) The institution carries out programs or activities that assist veterans in the local community. (D) The institution presents a sustainability plan to demonstrate that its veteran student center will be maintained and will continue to operate after the term of the grant has ended. (c) Use of Funds.--An institution of higher education that is awarded a grant under subsection (a) shall use such grant to establish, maintain, or improve a veteran student center. (d) Amounts Awarded.-- (1) Duration.--Each grant awarded under subsection (a) shall be for a 4-year period. (2) Total amount of grant and schedule.--Each grant awarded under subsection (a) may not exceed a total of $500,000. Subject to subsection (e), the Secretary shall disburse to the institution of higher education the amounts awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate. (e) Evaluation.--The Secretary shall annually evaluate each institution of higher education that is awarded a grant under subsection (a) to determine whether the institution uses the grant in accordance with this section. If the Secretary determines that the institution of higher education is not using the grant in accordance with this section, the Secretary may delay future disbursements of amounts described in subsection (d)(2) until the Secretary determines that the institution of higher education has corrected any deficiencies and will use such amounts in accordance with this section. (f) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the grant program established under subsection (a), including-- (1) the number of grants awarded; (2) the institutions of higher education that have received grants; (3) with respect to each such institution of higher education-- (A) the amounts awarded; and (B) how such institution used such amounts; and (4) a determination by the Secretary with respect to whether the grant program should be extended or expanded. (g) Termination.--The authority of the Secretary to carry out the grant program established under subsection (a) shall terminate on the date that is 4 years after the date on which the grant program is established. (h) Definitions.--In this section: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (2) Veteran student center.--The term ``veteran student center'' means a dedicated space on a campus of an institution of higher education that provides students who are veterans or members of the Armed Forces with the following: (A) A lounge or meeting space for such students and veterans in the community. (B) A centralized office for veteran services that-- (i) is staffed by trained employees and volunteers; and (ii) provides such students with assistance relating to-- (I) transitioning from the military to student life; (II) transitioning from the military to the civilian workforce; (III) networking with other such students; (IV) understanding and obtaining benefits provided by the Federal Government or a State for which such students may be eligible; and (V) understanding how to succeed in the institution of higher education, including by understanding how to transfer educational credits.

Veteran Education Empowerment Act - Directs the Secretary of Education to award four-year grants to institutions of higher education (IHEs) to establish, maintain, and improve a veteran student center. Requires grantees to be IHEs that: have a population of at least 15,000 students, of which at least 1% are veterans or members of the Armed Forces; are located in a region or community that has a significant veteran population; carry out programs or activities that assist veterans in the local community; and present a sustainability plan demonstrating that their veteran student center will be maintained and will continue to operate after the grant ends. Defines a "veteran student center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for such students and veterans in the community, and (2) a centralized office for veteran services that is staffed by trained employees and volunteers. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other students, understanding and obtaining the federal and state benefits for which they may be eligible, and understanding how to succeed in the IHE.

Veteran Education Empowerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Navigator Outreach and Chronic Disease Prevention Act of 2004''. SEC. 2. PATIENT NAVIGATOR GRANTS. Subpart V of part D of title III of the Public Health Service Act (42 U.S.C. 256) is amended by adding at the end the following: ``SEC. 340A. PATIENT NAVIGATOR GRANTS. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. The Secretary shall coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, the Office of Rural Health Policy, and such other offices and agencies as deemed appropriate by the Secretary, regarding the design and evaluation of the demonstration programs. ``(b) Use of Funds.--A condition on the receipt of a grant under this section is that the grantee agree to use the grant to recruit, assign, train, and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals, including by performing each of the following duties: ``(1) Acting as contacts, including by assisting in the coordination of health care services and provider referrals, for individuals who are seeking prevention or early detection services for, or who following a screening or early detection service are found to have a symptom, abnormal finding, or diagnosis of, cancer or other chronic disease. ``(2) Facilitating the involvement of community organizations providing assistance to individuals who are at risk for or who have cancer or other chronic diseases to receive better access to high-quality health care services (such as by creating partnerships with patient advocacy groups, charities, health care centers, community hospice centers, other health care providers, or other organizations in the targeted community). ``(3) Notifying individuals of clinical trials and facilitating enrollment in these trials if requested and eligible. ``(4) Anticipating, identifying, and helping patients to overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or other chronic disease. ``(5) Coordinating with the relevant health insurance ombudsman programs to provide information to individuals who are at risk for or who have cancer or other chronic diseases about health coverage, including private insurance, health care savings accounts, and other publicly funded programs (such as Medicare, Medicaid, and the State children's health insurance program). ``(6) Conducting ongoing outreach to health disparity populations, including the uninsured, rural populations, and other medically underserved populations, in addition to assisting other individuals who are at risk for or who have cancer or other chronic diseases to seek preventative care. ``(c) Grant Period.-- ``(1) In general.--Subject to paragraphs (2) and (3), the Secretary may award grants under this section for periods of not more than 3 years. ``(2) Extensions.--Subject to paragraph (3), the Secretary may extend the period of a grant under this section, except that-- ``(A) each such extension shall be for a period of not more than 1 year; and ``(B) the Secretary may make not more than 4 such extensions with respect to any grant. ``(3) End of grant period.--In carrying out this section, the Secretary may not authorize any grant period ending after September 30, 2010. ``(d) Application.-- ``(1) In general.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, the Secretary shall require each such application to outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes. ``(e) Uniform Baseline Measures.--The Secretary shall establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects under this section. ``(f) Preference.--In making grants under this section, the Secretary shall give preference to eligible entities that demonstrate in their applications plans to utilize patient navigator services to overcome significant barriers in order to improve health care outcomes in their respective communities. ``(g) Coordination With Other Programs.--The Secretary shall ensure coordination of the demonstration grant program under this section with existing authorized programs in order to facilitate access to high- quality health care services. ``(h) Study; Reports.-- ``(1) Final report by secretary.--Not later than 6 months after the completion of the demonstration grant program under this section, the Secretary shall conduct a study of the results of the program and submit to the Congress a report on such results that includes the following: ``(A) An evaluation of the program outcomes, including-- ``(i) quantitative analysis of baseline and benchmark measures; and ``(ii) aggregate information about the patients served and program activities. ``(B) Recommendations on whether patient navigator programs could be used to improve patient outcomes in other public health areas. ``(2) Interim reports by secretary.--The Secretary may provide interim reports to the Congress on the demonstration grant program under this section at such intervals as the Secretary determines to be appropriate. ``(3) Interim reports by grantees.--The Secretary may require grant recipients under this section to submit interim reports on grant program outcomes. ``(i) Rule of Construction.--This section shall not be construed to authorize funding for the delivery of health care services (other than the patient navigator duties listed in subsection (b)). ``(j) Definitions.--In this section: ``(1) The term `eligible entity' means a public or nonprofit private health center (including a Federally qualified health center (as that term is defined in section 1861(aa)(4) of the Social Security Act)), a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, an academic health center, or a nonprofit entity that enters into a partnership or coordinates referrals with such a center, clinic, facility, or hospital to provide patient navigator services. ``(2) The term `health disparity population' means a population that, as determined by the Secretary, has a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates as compared to the health status of the general population. ``(3) The term `patient navigator' means an individual who has completed a training program approved by the Secretary to perform the duties listed in subsection (b). ``(k) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, $8,000,000 for fiscal year 2008, $6,500,000 for fiscal year 2009, and $3,500,000 for fiscal year 2010. ``(2) Availability.--The amounts appropriated pursuant to paragraph (1) shall remain available for obligation through the end of fiscal year 2010.''. Passed the House of Representatives October 5, 2004. Attest: JEFF TRANDAHL, Clerk.

Patient Navigator Outreach and Chronic Disease Prevention Act of 2004 - Authorizes the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy. Requires that each grantee agree to recruit, assign, train and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals. Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services. Sets forth reporting requirements. Authorizes appropriations.

To amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Adopting Families Act''. SEC. 2. DEDUCTION FOR ADOPTION EXPENSES. (a) Deduction for Adoption Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. ADOPTION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction 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 allowable as a deduction 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 ($7,000, in the case of an international adoption). ``(2) Income limitation.--The amount allowable as a deduction 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 (determined without regard to this section and section 137) exceeds $60,000, bears to ``(B) $10,000. ``(3) Denial of double benefit.-- ``(A) In general.--No deduction 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 deduction shall be allowed under subsection (a) for any expenses paid from any funds received under any Federal, State, or local program. ``(C) Employer program.--No deduction shall be allowed under subsection (a) for any expenses paid by an employer which are excludible from gross income under section 137(a). ``(c) Qualified Adoption Expenses.--For purposes of this section: ``(1) In general.--The term `qualified adoption expenses' means reasonable and necessary adoption fees (including agency fees), court costs, attorney fees, and other expenses which-- ``(A) are directly related to the legal adoption of a child by the taxpayer but only if such adoption has been arranged-- ``(i) by a State or local agency with responsibility under State or local law for child placement through adoption, ``(ii) by a non-profit, voluntary adoption agency which is authorized by State or local law to place children for adoption, or ``(iii) through a private placement, and ``(B) are not incurred in violation of State or Federal law. ``(2) Adoption expenses not to include certain amounts.-- The term `qualified adoption expenses' shall not include any expenses in connection with-- ``(A) the adoption by an individual of a child who is the child of such individual's spouse, or ``(B) travel outside the United States, unless such travel is required-- ``(i) as a condition of a legal adoption by the country of the child's origin, ``(ii) to assess the health and status of the child to be adopted, or ``(iii) to escort the child to be adopted to the United States. ``(3) Child.--The term `child' means an individual who at the time of adoption under this section has not attained the age of 18.''. (2) Clerical amendment.--The table of sections for such part VII is amended by striking the item relating to section 220 and inserting the following: ``Sec. 220. Adoption expenses. ``Sec. 221. Cross reference.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by adding after paragraph (15) the following new paragraph: ``(16) Adoption expenses.--The deduction allowed by section 220.''. (c) Adoption Assistance Programs.-- (1) 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 the excess (if any) of $5,000 ($7,000 in the case of an international adoption). ``(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 and section 220) exceeds $60,000, bears to ``(B) $10,000. ``(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). ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' has the meaning given such term by section 220(c).''. (2) 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.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1993.

Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Makes deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency or through a private placement. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.

Fairness for Adopting Families Act

SECTION 1. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY. (a) In General.--Section 1303 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10104(c) of such Act, is amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (2) by redesignating paragraph (4) of subsection (b) as subsection (d) and transferring such subsection (d) after the subsection (c) inserted by paragraph (4) of this subsection with appropriate indentation; (3) by amending subsection (b) to read as follows: ``(b) Special Rules Relating to Coverage of Abortion Services.-- Nothing in this Act (or any amendment made by this Act) shall be construed to require any health plan to provide coverage of or access to abortion services or to allow the Secretary or any other Federal or non-Federal person or entity in implementing this Act (or amendment) to require coverage of or access to such services.''; (4) by inserting after subsection (b) the following new subsection: ``(c) Limitation on Abortion Funding.-- ``(1) In general.--No funds authorized or appropriated by this Act (or an amendment made by this Act), including credits applied toward qualified health plans under section 36B of the Internal Revenue Code of 1986 or cost-sharing reductions under section 1402 of this Act may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest. ``(2) Option to purchase separate coverage or plan.-- Nothing in this subsection shall be construed as prohibiting any non-Federal entity (including an individual or a State or local government) from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions, so long as-- ``(A) such coverage or plan is paid for entirely using only funds not authorized or appropriated by this Act; and ``(B) such coverage or plan is not purchased using-- ``(i) individual premium payments required for a qualified health plan offered through an Exchange towards which a credit is applied under section 36B of the Internal Revenue Code of 1986; or ``(ii) other non-Federal funds required to receive a Federal payment, including a State's or locality's contribution of Medicaid matching funds. ``(3) Option to offer coverage or plan.--Nothing in this subsection or section 1311(d)(2)(B)(i) shall restrict any non- Federal health insurance issuer offering a qualified health plan from offering separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions, so long as-- ``(A) premiums for such separate coverage or plan are paid for entirely with funds not authorized or appropriated by this Act; ``(B) administrative costs and all services offered through such coverage or plan are paid for using only premiums collected for such coverage or plan; and ``(C) any such non-Federal health insurance issuer that offers a qualified health plan through an Exchange that includes coverage for abortions for which funding is prohibited under this subsection also offers a qualified health plan through the Exchange that is identical in every respect except that it does not cover abortions for which funding is prohibited under this subsection.''; (5) in subsection (e), as redesignated by paragraph (1)-- (A) in the heading, strike ``Regarding Abortion''; (B) in the heading of each of paragraphs (1) and (2), strike each place it appears ``regarding abortion''; and (C) in paragraph (1), insert ``conscience protection, abortion, or'' after ``State laws regarding''; (6) in subsection (f), as redesignated by paragraph (1), by striking ``Nothing'' and inserting ``Subject to subsection (g), nothing''; and (7) by adding at the end the following new subsection: ``(g) Nondiscrimination on Abortion.-- ``(1) Nondiscrimination.--A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act (or an amendment made by this Act), may not-- ``(A) subject any individual or institutional health care entity to discrimination; or ``(B) require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any individual or institutional health care entity to discrimination, on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(2) Definition.--In this subsection, the term ``healthcare entity'' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(3) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this subsection, and coordinate the investigation of such complaints.''. (b) Conforming Amendment.--Section 1334(a)(6) of such Act is amended to read as follows: ``(6) Coverage consistent with federal policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides coverage for abortions for which funding is prohibited under subsection 1303(c) of this Act.''.

Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions.

To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Bridge Research Center Establishment Act of 2005''. SEC. 2. BRIDGE RESEARCH CENTER. Section 5505 of title 49, United States Code, is amended by adding at the end the following: ``(k) Southwest Bridge Research Center.-- ``(1) In general.--In addition to the university transportation centers receiving grants under subsections (a) and (b), the Secretary shall provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish and operate a university transportation center to be known as the `Southwest Bridge Research Center' (referred to in this subsection as the `Center'). ``(2) Purpose.--The purpose of the Center shall be to contribute at a national level to a systems approach to improving the overall performance of bridges, with an emphasis on-- ``(A) increasing the number of highly skilled individuals entering the field of transportation; ``(B) improving the monitoring of structural health over the life of bridges; ``(C) developing innovative technologies for bridge testing and assessment; ``(D) developing technologies and procedures for ensuring bridge safety, reliability, and security; and ``(E) providing training in the methods for bridge inspection and evaluation. ``(3) Objectives.--The Center shall carry out-- ``(A) basic and applied research, the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in transportation; ``(B) an education program that includes multidisciplinary course work and participation in research; and ``(C) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented. ``(4) Maintenance of effort.--To be eligible to receive a grant under this subsection, the institution specified in paragraph (1) shall enter into an agreement with the Secretary to ensure that, for each fiscal year after establishment of the Center, the institution will fund research activities relating to transportation in an amount that is at least equal to the average annual amount of funds expended for the activities for the 2 fiscal years preceding the fiscal year in which the grant is received. ``(5) Cost sharing.-- ``(A) Federal share.--The Federal share of the cost of any activity carried out using funds from a grant provided under this subsection shall be 50 percent. ``(B) Non-federal share.--The non-Federal share of the cost of any activity carried out using funds from a grant provided under this subsection may include funds provided to the recipient under any of sections 503, 504(b), and 505 of title 23. ``(C) Ongoing programs.--After establishment of the Center, the institution specified in paragraph (1) shall obligate for each fiscal year not less than $200,000 in regularly budgeted institutional funds to support ongoing transportation research and education programs. ``(6) Program coordination.-- ``(A) Coordination.--The Secretary shall-- ``(i) coordinate the research, education, training, and technology transfer activities carried out by the Center; ``(ii) disseminate the results of that research; and ``(iii) establish and operate a clearinghouse for information derived from that research. ``(B) Annual review and evaluation.--At least annually, and in accordance with the plan developed under section 508 of title 23, the Secretary shall review and evaluate each program carried out by the Center using funds from a grant provided under this subsection. ``(7) Limitation on availability of funds.--Funds made available to carry out this subsection shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which the funds are authorized. ``(8) Amount of grant.--For each of fiscal years 2005 through 2010, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in paragraph (1) to carry out this subsection. ``(9) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $3,000,000 for each of fiscal years 2005 through 2010.''.

Southwest Bridge Research Center Establishment Act of 2005 - Amends Federal transportation law to direct the Secretary of Transportation to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish the Southwest Bridge Research Center to contribute at a national level to a systems approach to improving the overall performance of bridges.

A bill to amend title 49, United States Code, to establish a university transportation center to be known as the "Southwest Bridge Research Center".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Jobs Act''. SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT. (a) Duties of the General Counsel and Administrative Law Judges.-- The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 3(d) (29 U.S.C. 153(d)), by striking ``investigation of charges and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board'' and inserting ``investigation of allegations under section 10''; and (2) in section 4(a) (29 U.S.C. 154(a)), by striking the fourth sentence. (b) Clarification of the Board's Rulemaking Authority.--Section 6 of such Act (29 U.S.C. 156) is amended by adding at the end the following: ``Such rulemaking authority shall be limited to rules concerning the internal functions of the Board. The Board shall not promulgate rules or regulations that affect the substantive or procedural rights of any person, employer, employee, or labor organization, including rules and regulations concerning unfair labor practices and representation elections.''. (c) Investigatory Power and Adjudicatory Authority Over Unfair Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is amended-- (1) in subsection (a)-- (A) by striking ``prevent any person from engaging in'' and inserting ``investigate''; and (B) by striking ``This power shall'' and all that follows through the end of the subsection; (2) in subsection (b)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) by striking ``or is engaging in'' and inserting ``, is engaging in, or is about to engage in''; (C) by striking ``the Board, or any agent'' and all that follows through ``Provided, That no complaint shall issue'' and inserting ``the aggrieved person may bring a civil action for such relief (including an injunction) as may be appropriate. Any such civil action may be brought in the district court of the United States where the violation occurred, or, at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought''; (D) by striking ``charge with the Board'' and all that follows through ``prevented from filing such charge'' and inserting ``civil action, unless the person aggrieved thereby was prevented from filing such civil action''; and (E) by striking ``Any such complaint may be amended'' and all that follows through ``Any such proceeding shall, so far as practicable,'' and inserting ``Any proceeding under this subsection shall''; (3) by striking subsections (c) through (k); (4) by redesignating subsections (l) and (m) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) in the first sentence, by striking ``charge'' and inserting ``allegation''; and (C) by striking ``such charge is true and that a complaint should issue, he shall'' and all that follows through the end of the subsection and inserting ``such allegation is true, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice.''; and (6) in subsection (d) (as so redesignated)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) by striking ``such charge'' and inserting ``such allegation''; and (C) by striking ``and cases given priority under subsection (i)''. (d) Conforming Amendments.--The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 9 (29 U.S.C. 159)-- (A) in subsection (c)(2), by striking ``and in no case shall the Board'' and all that follows through the end of such subsection and inserting a period; (B) by striking subsection (d); and (C) by redesignating subsection (e) as subsection (d); (2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or (e) of section 9'' and inserting ``or (d) of section 9''; (3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each place it appears and inserting ``9(d)''; and (4) in section 18 (29 U.S.C. 168), by striking ``section 10 (e) or (f)'' and inserting ``subsection (e) or (f) of section 10, as such subsections were in effect on the day before the date of enactment of the Protecting American Jobs Act,''. SEC. 3. REGULATIONS. Not later than 6 months after the date of enactment of this Act, the National Labor Relations Board shall review all regulations promulgated before such date of enactment and revise or rescind any such regulations as necessary to implement the amendment made by section 2(b).

Protecting American Jobs Act This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to: repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices; limit the board's rulemaking authority to rules concerning the internal functions of the board; prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections; repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes.

Protecting American Jobs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dirty Bomb Prevention Act''. SEC. 2. RADIATION SOURCE PROTECTION. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``Sec. 170C. Radiation Source Protection.-- ``a. Task Force on Sealed Source Protection.-- ``(1) Establishment.--There is hereby established a task force on sealed source protection. ``(2) Membership.--The task force shall be headed by the Chairman of the Commission or his designee. Its members shall be the following: ``(A) The Secretary of Homeland Security or his designee. ``(B) The Secretary of Defense or his designee. ``(C) The Secretary of Energy or his designee. ``(D) The Secretary of Transportation or his designee. ``(E) The Attorney General or his designee. ``(F) The Secretary of State or his designee. ``(G) The Director of the Central Intelligence Agency or his designee. ``(H) The Director of the Federal Emergency Management Agency or his designee. ``(I) The Director of the Federal Bureau of Investigation or his designee. ``(3) Duties.-- ``(A) In general.--The task force, in consultation with other State, Federal, and local agencies and members of the public, as appropriate, shall evaluate and provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device. ``(B) Recommendations to congress and the president.--Not later than 180 days after the date of the enactment of this section, and not less than once every 3 years thereafter, the task force shall submit a report to Congress and to the President, in unclassified form with a classified annex if necessary, providing recommendations, including recommendations for appropriate regulatory and legislative changes, for-- ``(i) the establishment of or modifications to a classification system for sealed sources based on their potential attractiveness to terrorists and the extent of the threat to public health and safety, taking into account sealed source radioactivity levels, dispersability, chemical and material form, for radiopharmaceuticals, the availability of these substances to physicians and patients whose medical treatment relies on them, and other factors as appropriate; ``(ii) the establishment of or modifications to a national system for recovery of sealed sources that have been lost or stolen, taking into account the classification system established under clause (i); ``(iii) the storage of sealed sources not currently in use in a safe and secure manner; ``(iv) the establishment of or modification to a national tracking system for sealed sources, taking into account the classification system established under clause (i); ``(v) the establishment of or modifications to a national system to impose fees to be collected from users of sealed sources, to be refunded when the sealed sources are returned or properly disposed of, or any other method to ensure the return or proper disposal of sealed sources; ``(vi) any modifications to export controls on sealed sources necessary to ensure that foreign recipients of sealed sources are able and willing to control United States-origin sealed sources in the same manner as United States recipients; ``(vii) whether alternative technologies are available that can perform some or all of the functions currently performed by devices that employ sealed sources, and if so, the establishment of appropriate regulations and incentives for the replacement of such devices with alternative technologies in order to reduce the number of sealed sources in the United States; and ``(viii) the creation of or modifications to procedures for improving the security of sealed sources in use, transportation, and storage, which may include periodic Commission audits or inspections to ensure that sealed sources are properly secured and can be fully accounted for, Commission evaluation of security measures, increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees who possess sealed sources, background checks for certain individuals with access to sealed sources, assurances of the physical security of facilities that contain sealed sources, and the screening of shipments to facilities particularly at risk for sabotage of sealed sources to ensure that they do not contain explosives. ``b. Commission Actions.--Not later than 60 days after receipt by Congress and the President of the report required under subsection a.(3)(B), the Commission, in accordance with the recommendations of the task force, shall take any appropriate actions, including commencing revision of its system for licensing sealed sources, and shall take necessary steps to ensure that States that have entered into an agreement under section 274 b. establish compatible programs in a timely manner. ``c. National Academy of Sciences Study.--Not later than 60 days after the date of the enactment of this section, the Commission shall enter into an arrangement with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. The study shall review the current uses for sealed sources, identifying industrial or other processes that utilize sealed sources that could be replaced with economically and technically equivalent (or improved) processes that do not require the use of radioactive materials. The Commission shall transmit the results of the study to Congress within 24 months after the date of the enactment of this section. ``d. Definition.--For purposes of this section, the term `sealed source' means any byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material, except that such term does not include fuel or spent fuel.''. (b) Table of Sections Amendment.--The table of sections of the Atomic Energy Act of 1954 is amended by adding at the end of the items relating to chapter 14 the following new items: ``Sec. 170B. Uranium supply. ``Sec. 170C. Radiation source protection.''.

Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on protection of sealed sources (any byproduct material or special nuclear material, except fuel or spent fuel, encased in a capsule designed to prevent leakage or escape). Requires the task force to: (1) provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device; and (2) report triennially to Congress and to the President on recommended regulatory and legislative changes for specified security enhancements pertaining to sealed sources.

To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes.

SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``alexander creek village recognition ``Sec. 43. ``(a) Recognition of the Village of Alexander Creek.--Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is an eligible Native village under section 11(b)(3). ``(b) Definitions.--For the purposes of this section, the following terms apply: ``(1) The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. ``(2) The term `conservation system unit' has the meaning given that term in the Alaska National Interest Lands Conservation Act. ``(3) The term `Alexander Creek' means Alexander Creek Incorporated, an Alaska Native Group corporation, organized pursuant to this Act. ``(4) The term `property' has the meaning given that term in Public Law 94-204 (43 U.S.C. 1611 note). ``(5) The term `Region' means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h). ``(c) Establishment.--(1) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish an account in the Treasury to be known as the `Alexander Creek account'. ``(2) Funds in the Alexander Creek account shall-- ``(A) be available to Alexander Creek for bidding on and purchasing property sold at public sale, subject to paragraph (3); and ``(B) remain available until expended. ``(3)(A) Alexander Creek may use funds in the Alexander Creek account to bid as any other bidder for property in Alaska at any public sale by an agency and may purchase such property in accordance with applicable laws and regulations of the agency offering the property for sale. ``(B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the Alexander Creek account. The Secretary of the Treasury shall adjust the balance of the Alexander Creek account to reflect the transaction. ``(C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures for the following transactions related to the Alexander Creek account: ``(i) Receipt of deposits. ``(ii) Receipt of deposits into escrow when an escrow is required for the sale of property. ``(iii) Reinstatement to the Alexander Creek account of any unused escrow deposits in the event that a sale of property is not consummated. ``(d) Land Exchange.--The Secretary of the Interior shall enter into negotiations to attempt to conclude, under the authority of section 22(f), a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough under the same procedures set forth in section 22(f) to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska, as identified by Alexander Creek. ``(e) Amount.--(1) The initial balance of the Alexander Creek account shall be the fair market value of the surface estate of the approximately 61,440 acres of deficiency selections made by Alexander Creek, as depicted on the map entitled `____________' and dated ____________. ``(2) If a conveyance is made to Alexander Creek pursuant to subsection (d), the Alexander Creek account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre determined under subsection (g). ``(f) Subsurface Estate.--The subsurface estate to lands conveyed to Alexander Creek under this section shall be conveyed, without consideration, to the Region. ``(g) Appraisal.--(1)(A) The Secretary shall determine the amount to be deposited into the Alexander Creek account by appraising the fair market value, as of the date of the enactment of this section, of each section selected as a separate parcel and considering that `public interest' use may be the highest and best use of such parcels. ``(B) Alexander Creek shall have the opportunity to present evidence of value to the Secretary. The Secretary shall provide Alexander Creek with a preliminary draft of the appraisal. Alexander Creek shall have a reasonable and sufficient opportunity to comment on the appraisal. ``(2) The Secretary shall forward a certified copy of the appraisal to Alexander Creek. ``(h) Implementation.--(1) Alexander Creek may assign without restriction any or all of the Alexander Creek account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. In the event that such an assignment is made to the Region, on notice from Alexander Creek to the Secretary of the Treasury and the Secretary of the Interior, the amount of such assignment shall be added to or made a part of the Region's Property Account in the Treasury established pursuant to section 12(b) of Public Law 94-204, and may be used in the same manner as other funds in that account. ``(2) Upon certification by the Secretary of the Interior of the appraisal completed pursuant to subsection (g), Alexander Creek shall be deemed to have accepted the terms of this section in lieu of any other land entitlement it could have received pursuant to this Act. Such acceptance shall satisfy all claims Alexander Creek had or may have had against the United States on the date of the enactment of this section. ``(3) Any land conveyed to Alexander Creek pursuant to subsection (e) shall be deemed to be a conveyance pursuant to this Act. ``(i) Treatment of Amounts From Account.--The Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Native village authorized by law as of the date of the enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 percent of payments received by or on behalf of Alexander Creek under this section may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment, any contract to the contrary notwithstanding. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.''.

Amends the Alaska Native Claims Settlement Act (ANCSA) Recognizes the village of Alexander Creek located in Alaska as an eligible Native village. Directs the Secretary of the Treasury to establish an Alexander Creek account, the funds of which shall be available to Alexander Creek, Incorporated for bidding on and purchasing property sold at public sale. Directs the Secretary of the Interior (the Secretary) to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska. Requires the: (1) the account's initial balance to be the fair market value of the surface estate of certain deficiency selections made by Alexander Creek; and (2) subsurface estate to the lands conveyed to Alexander Creek to be conveyed to Cook Inlet Region, Incorporated. Deems Alexander Creek, upon certification by the Secretary of the appraisal described in this Act, to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to ANCSA. Declares that such acceptance shall satisfy all claims of Alexander Creek against the United States. Deems any land conveyed to Alexander Creek pursuant to this Act to be a conveyance pursuant to ANCSA.

To amend that Alaska Native Claims Settlement Act to recognize Alexander Creek as Native village, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Financial Policy Committee For Fair Capital Standards Act''. SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE. (a) Establishment.--There is hereby established an inter-agency committee, to be known as the ``United States Financial Policy Committee'' (hereafter in this Act referred to as the ``Committee''), which shall consist of-- (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision. (b) Purpose.--The purpose of the Committee is to develop uniform United States positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions. (c) Meetings.--The Committee shall meet before any meeting of the Basel Committee on Banking Supervision that is related to, or is expected to involve a discussion of, capital standards and at any other time the Chairperson or any member of the Committee calls for a meeting. (d) Adherence to Committee Position.-- (1) In general.--Each member of the Committee that is a participant on the Basel Committee on Banking Supervision shall adhere to the positions of the Committee in any negotiations of the Basel Committee on Banking Supervision. (2) Lack of uniform position.--If the members of the Committee that are participants on the Basel Committee on Banking Supervision are unable to agree on a uniform position on an issue, the position of the Secretary of the Treasury shall be determinative for purposes of paragraph (1) with respect to such issue. (e) Reports to the Congress.-- (1) Annual report.-- (A) In general.--The Committee shall submit an annual report to the Congress on the proceedings of the Committee during the period covered by the report. (B) Contents of report.--The report shall include-- (i) a brief description of issues that were addressed by the Committee; (ii) a brief description of the uniform positions developed by the Committee with respect to such issues; and (iii) in the case of any issue for which a uniform policy was not agreed to, a brief description of the positions of the parties to the disagreement and an explanation of the reasons why the parties could not reach an agreement. (2) Reports to the congress prior to agreement on any basel accord.-- (A) In general.--No Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) may agree to any proposed recommendation of the Basel Committee on Banking Supervision before the agency submits a report on the proposed recommendation to the Congress. (B) Consultations.--The head of any Federal banking agency that submits a report to the Congress under subparagraph (A) shall consult with the Congress concerning the proposal. (3) Evaluation of new basel capital accord.--The Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act), in consultation with the Secretary of the Treasury, shall evaluate the impact of the revised Capital Accord, taking into account the following factors, and shall include such evaluation in the report: (A) The cost and complexity of the proposal. (B) The impact of the proposal on small, medium, and large financial institutions. (C) The impact of the proposal on real estate markets. (D) The effect of an operational risk capital standard on the resilience of the Nation's financial system and competition. (E) The impact of the proposal on competition between banks and other financial institutions. (F) The need for additional training for supervision and examination personnel. (G) Any comments filed by the public after notice and an opportunity to comment for a period of not less than 60 days. (H) The relative impact of compliance by domestic banks. (f) Administrative Support Services.--Each agency represented on the Committee shall provide such administrative support services as may be necessary for the Committee to carry out its responsibilities under this Act. SEC. 3. REPRESENTATION ON BASEL COMMITTEE ON BANKING SUPERVISION FOR THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION. (a) In General.--Section 912 of the International Lending Supervision Act of 1983 (12 U.S.C. 3911) is amended-- (1) by striking ``sec. 912. As one of the three'' and inserting the following: ``(a) FDIC.--As one of the 4''; and (2) by adding at the end the following new subsection: ``(b) Director of the Office of Thrift Supervision.--As 1 of the 4 Federal bank regulatory and supervisory agencies, the Director of the Office of Thrift Supervision shall be given equal representation with the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland.''. (b) Technical and Conforming Amendment.--The heading for section 912 of the International Lending Supervision Act of 1983 (12 U.S.C. 3911) is amended to read as follows: ``SEC. 912. EQUAL REPRESENTATION FOR THE FDIC AND THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION.''.

United States Financial Policy Committee For Fair Capital Standards Act - Establishes the United States Financial Policy Committee as an inter-agency committee composed of: (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision. Directs the Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions. Requires the Committee to meet before any meeting of the Basel Committee that is related to, or is expected to involve, a discussion of capital standards. Prohibits a member Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to Congress. Requires the Federal member banking agencies to employ prescribed criteria in their evaluation of the impact of any revised Basel capital accord. Amends the International Lending Supervision Act of 1983 to add the Director of the Office of Thrift Supervision as one of the four Federal bank regulatory and supervisory agencies on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland.

To establish a mechanism for developing uniform United States positions on issues before the Basel Committee on Banking Supervision at the Bank for International Settlements, to require a review on the most recent recommendation of the Basel Committee for an accord on capital standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Reduction Act of 2003''. SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES. (a) In General.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Rate Schedule.-- ``If the amount with respect to The tentative tax is: which the tentative tax is to be computed is: Not over $10,000............... 14.4% of such amount. Over $10,000 but not over $20,000. $1,440, plus 16% of the excess of such amount over $10,000 Over $20,000 but not over $40,000. $3,040, plus 17.6% of the excess of such amount over $20,000 Over $40,000 but not over $60,000. $6,560, plus 19.2% of the excess of such amount over $40,000 Over $60,000 but not over $80,000. $10,400, plus 20.8% of the excess of such amount over $60,000 Over $80,000 but not over $100,000. $14,560, plus 22.4% of the excess of such amount over $80,000 Over $100,000 but not over $150,000. $19,040, plus 24% of the excess of such amount over $100,000 Over $150,000 but not over $250,000. $31,040, plus 25.6% of the excess of such amount over $150,000 Over $250,000 but not over $500,000. $56,640, plus 27.2% of the excess of such amount over $250,000 Over $500,000 but not over $750,000. $124,640, plus 29.6% of the excess of such amount over $500,000 Over $750,000 but not over $1,000,000. $198,640, plus 31.2% of the excess of such amount over $750,000 Over $1,000,000 but not over $1,250,000. $276,640, plus 32.8% of the excess of such amount over $1,000,000 Over $1,250,000 but not over $1,500,000. $358,640, plus 34.4% of the excess of such amount over $1,250,000 Over $1,500,000 but not over $2,000,000. $444,640, plus 36% of the excess of such amount over $1,500,000 Over $2,000,000................ $624,640, plus 39.2% of the excess of such amount over $2,000,000''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) Increase in Unified Credit.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``were the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,000,000.'' (b) Inflation Adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2003, the $3,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $3,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act.

Estate Tax Reduction Act of 2003 - Amends the Internal Revenue Code to reduce estate taxes and increase the unified credit to $3 million, with an inflation adjustment.

To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right-to-Know Act of 2003''. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (N), by striking ``and'' after the semicolon; (B) in subparagraph (O), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Annual fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2004-2005, and each year thereafter, prepare, publish, and distribute, through appropriate publications (including the Internet) or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing not less than the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether or not that facility is equipped with a fire sprinkler system or another fire safety system, or both. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding academic years for which data are available, of fires and false fire alarms in student housing facilities. ``(C) For each such occurrence described in subparagraph (B), a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols (as defined in local fire codes), rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(E) Information about fire safety education and training provided to students, faculty, and staff, including the percentage of students, faculty, and staff who have participated in such education and training. ``(F) Information concerning fire safety at student fraternities and sororities that are recognized by the institution, including-- ``(i) information reported to the institution under paragraph (4); and ``(ii) a statement concerning whether and how the institution works with recognized student fraternities and sororities to make building and property owned or controlled by such fraternities or sororities more fire safe. ``(2) Current information to campus community.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection, and each such institution shall make periodic reports to the campus community on such fires and false fire alarms in a manner that will aid the prevention of similar occurrences. ``(3) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(4) Fraternities and sororities.--Each institution participating in any program under this title shall request each fraternity and sorority that is recognized by the institution to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity or sorority, for each building and property owned or controlled by the fraternity or sorority, respectively. ``(5) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(6) Definitions.--In this subsection, the term `campus' has the meaning given the term in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 2 years after the date of enactment of this Act, the Secretary of Education (in this section referred to as the ``Secretary'') shall prepare and submit to Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right-to-Know Act of 2003 - Amends the Higher Education Act of 1965 to require, beginning in academic year 2004-2005, each eligible institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution. Requires such institutions to: (1) record all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information periodically to the campus community in a manner that will aid the prevention of similar occurrences. Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control.

A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in the Courtroom Act of 2007''. SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS. (a) Definitions.--In this section: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 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. (b) Authority of Presiding Judge To Allow Media Coverage of Court Proceedings.-- (1) Authority of appellate courts.-- (A) In general.--Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception.--The presiding judge shall not permit any action under subparagraph (A), if-- (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than 1 judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts.-- (A) In general.-- (i) Authority.--Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses.--Except as provided under clause (iii)-- (I) upon the request of any witness (other than a party) in a trial proceeding, 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; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the witness' testimony. (iii) Exception.--The presiding judge shall not permit any action under this subparagraph, if that judge determines the action would constitute a violation of the due process rights of any party. (B) No televising of jurors.--The presiding judge shall not permit the televising of any juror in a trial proceeding. (3) Advisory guidelines.--The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, at the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (4) Sunset of district court authority.--The authority under paragraph (2) shall terminate 3 years after the date of the enactment of this Act.

Sunshine in the Courtroom Act of 2007 - 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 except when such action would constitute a violation of the due process rights of any party. 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 the 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 provide for media coverage of Federal court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending and Credit Availability Act of 1993''. SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES. (a) Participation Authority.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(22) Loan guarantees in qualified states.-- ``(A) In general.--The Administration shall, in accordance with the requirements of this paragraph, participate on a guaranteed basis in loans under this subsection to small business concerns in qualified States. ``(B) Guarantee amounts.--In agreements to participate on a guaranteed basis in loans described in subparagraph (A), such participation by the Administration shall be-- ``(i) not less than 90 percent of the balance of the loan outstanding at the time of disbursement, if the loan is not less than $200,000, nor more than $500,000; and ``(ii) not less than 95 percent of the balance of the loan outstanding at the time of disbursement, if the loan is less than $200,000. ``(C) Temporary waiver of guarantee fees.-- ``(i) First 2 fiscal years.--In each of the first 2 fiscal years beginning after the date of the enactment of this paragraph, the Administration shall waive any guarantee fee in connection with a loan described in subparagraph (A). ``(ii) Remaining fiscal years.--In the 3rd, 4th, and 5th fiscal years beginning after the date of the enactment of this paragraph, the Administration may collect a guarantee fee in connection with a loan described in subparagraph (A) in an amount equal to not more than 1 percent of the outstanding balance of the guaranteed amount of the loan. Any such fee shall be payable by the participating lending institution and may be charged to the borrower. ``(D) Retention of fee percentage by lenders.--In order to encourage lending institutions to make loans to small business concerns in qualified States, the Administration shall permit lending institutions to retain, on loans described in subparagraph (A) of $200,000 or less, \1/2\ of any fee to be paid to the Administration under subparagraph (C)(ii). ``(E) Presumption.--For a loan described in subparagraph (A), any reasonable doubt as to the ability of an applicant to repay the loan shall be resolved in favor of the applicant. ``(F) Applicability.--The provisions of this paragraph shall be in effect in each of the first 5 fiscal years beginning after the date of the enactment of this paragraph. For such period, provisions of this section which are inconsistent with this paragraph shall not apply. ``(G) Definitions.--For purposes of this paragraph, the following definitions apply: ``(i) Insured depository institution.--The term `insured depository institution'-- ``(I) has the same meaning as in section 3 of the Federal Deposit Insurance Act; and ``(II) includes an insured credit union, as defined in section 101 of the Federal Credit Union Act. ``(ii) State.--The term `State' means each of the several States and the District of Columbia. ``(iii) Qualified state.--The term `qualified State' means any State in which-- ``(I) during the 12-month period ending on the date of enactment of this paragraph, 1 or more insured depository institutions having combined total assets of not less than $100,000,000 closed due to an inability to meet the demands of depositors; or ``(II) during the 12-month period ending on the date of enactment of this paragraph, 2 or more insured depository institutions having combined total assets of not less than $150,000,000 closed due to an inability to meet the demands of depositors.''.

Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years.

Small Business Lending and Credit Availability Act of 1993

. Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill or continuing resolution for a fiscal year does not become law before the beginning of such fiscal year, 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 project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill or continuing resolution for such preceding fiscal year did not become law, then pursuant to this section. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of-- ``(A) the rate of operations provided for in the regular appropriation Act or continuing resolution providing for such project or activity for the preceding fiscal year, or ``(B) in the absence of such an Act or continuing resolution, the rate of operations provided for such project or activity pursuant to this section for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill or continuing resolution for such fiscal year becomes law (whether or not such law provides for such project or activity), and ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made, funds made available, or authority granted for such project or activity for the preceding fiscal year. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or continuing resolution providing for such project or activity for such period becomes law. ``(e) No appropriation is made by reason of subparagraph (B) of subsection (a)(1) for a fiscal year for any project or activity for which there is no authorization of appropriations for such fiscal year. ``(f) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(g) For purposes of this section: ``(1) The term `regular appropriation bill' means any regular appropriation bill (within the meaning given to such term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638)) making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(A) Agriculture, rural development, and related agencies programs. ``(B) The Departments of Commerce, Justice, and State, the Judiciary, and related agencies. ``(C) The Department of Defense. ``(D) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(E) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(F) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(G) Energy and water development. ``(H) Foreign assistance and related programs. ``(I) The Department of the Interior and related agencies. ``(J) Military construction. ``(K) The Department of Transportation and related agencies. ``(L) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(M) The legislative branch. ``(2) The term `continuing resolution' means any joint resolution making continuing appropriations for all or part of any fiscal year.''. SEC. 2. CONFORMING AMENDMENT. The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to fiscal years beginning after September 30, 1995.

Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill or continuing resolution for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or (2) if such corresponding appropriation bill or continuing resolution did not become law, then as provided by this Act. Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity.

To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Since 1975, title XX of the Social Security Act (42 U.S.C. 1397 et seq.), commonly referred to as the Social Services Block Grant (in this section referred to as ``SSBG''), has authorized funding for social services to ensure that at- risk children and families, the elderly, and physically and mentally disabled individuals remain stable, independent, and economically self sufficient. In 1981, Congress and the Reagan Administration converted SSBG into a block grant designed to give maximum flexibility to States to serve these fundamental purposes. (2) Funds provided under the SSBG focus cost-effective support at the community level that prevents the need for inappropriate institutional care which is more costly for Federal and State programs such as the medicaid, medicare, and the social services disability benefits programs. (3) The SSBG helps to further the goals set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting Temporary Assistance to Needy Families (TANF) and support- related programs such as on-the-job training, child care, transportation, counseling, and other services that facilitate long-term family stability and economic self sufficiency. (4) The SSBG provides essential funding to many States for child welfare services that support the goals of the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) to promote a safe family environment and encourage adoption to move children into stable and permanent families. (5) The SSBG helps promote independent living for vulnerable and low-income elderly individuals by supporting home care services, including home-delivered meals, adult protective services, adult day care, and other essential case management services provided in every State. (6) It is reported that 820,000 older Americans are abused and neglected in this country each year. There are additional concerns about the under reporting of elderly abuse and neglect. The SSBG supports adult protective services that prevent widespread abuse and neglect of older Americans and help more than 651,000 elderly individuals in 31 States. (7) More than 570,000 disabled individuals receive a range of community-based services and supports nationwide. The SSBG provides significant resources to fill the funding gaps in the developmental disabilities system by supporting such services as early intervention and crisis intervention, adult day care, respite care, transportation, employment training, and independent living services in 38 States. (8) The SSBG supports essential mental health and related services to ensure that vulnerable adults and children receive early intervention to prevent more serious and costly mental health crises in the future. Such services include the provision of counseling to almost 400,000 adults and children, case management services for nearly 900,000 families, and the provision of information and referral assistance to more than 1,300,000 individuals. (9) There are nearly 3,000,000 reports of child abuse and neglect each year There are currently over 300,000 children in the American foster care system. The SSBG enables the provision of child protective services to 1,300,000 children, adoption services to over 150,000 children and families, and prevention and intervention services to more than 700,000 families. (10) The SSBG has been eroded by more than $1,000,000,000 over the last 6 years resulting in cuts in services in many States and local communities. (11) Temporary Assistance to Needy Families (TANF) block grants cannot be used to make up cuts to the SSBG because a large percentage of SSBG funds are used for the elderly, disabled, and other populations that are ineligible for TANF funds. (12) The 104th Congress made a commitment to the SSBG in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by authorizing the program at $2,380,000,000 through fiscal year 2002 and returning the authorization for the program to $2,800,000,000 in fiscal year 2003 and each succeeding fiscal year. SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR 2002. (a) In General.--Section 404(d)(2)(B) of the Social Security Act (42 U.S.C. 604(d)(2)(B)) is amended by striking ``4.25'' and inserting ``10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2001. SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT. (a) In General.--Section 2003(c) of the Social Security Act (42 U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and inserting the following: ``(10) $1,775,000,000 for the fiscal year 2000; ``(11) $1,725,000,000 for the fiscal year 2001; and ``(12) $2,380,000,000 for the fiscal year 2002 and each succeeding fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2001. SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES. (a) In General.--Section 2006(c) of the Social Security Act (42 U.S.C. 1397e(c)) is amended by adding at the end the following: ``The Secretary shall compile the information submitted by the States and submit that information to Congress on an annual basis.''. (b) Effective Date.--The amendment made by subsection (a) applies to information submitted by States under section 2006 of the Social Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and each fiscal year thereafter.

Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to increase from 4.25 percent to ten percent the amount of TANF funds a State may transfer to carry out State programs under SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) increase the authorization of appropriations for States and territories for FY 2001, 2002, and succeeding fiscal years; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress.

To amend titles IV and XX of the Social Security Act to restore funding for the Social Services Block Grant, and restore for fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Services Block Grant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stealth Lobbyist Disclosure Act of 2004''. SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS. (a) In General.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations) is amended by adding at the end the following new subsection: ``(m) Disclosure of Certain Lobbying Activities.-- ``(1) In general.--In the case of a coalition or association that is identified as a client on any registration filed under section 4 of the Lobbying Disclosure Act of 1995 and that is not a political organization (determined without regard to this paragraph)-- ``(A) such coalition or association shall be treated for purposes of this title as a separate entity which is a political organization, and ``(B) this section shall be applied to such coalition or association with the following modifications: ``(i) The function of conducting lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995) shall be treated as its exempt function. ``(ii) The specific deduction under subsection (c)(2)(A) shall not be allowed. ``(iii) Subparagraphs (C) and (D) of subsection (c)(3) shall not apply. ``(iv) The disclosure requirements of paragraph (2) shall apply in lieu of the requirements of subsections (i) and (j). For purposes of subparagraph (B)(i), lobbying activities shall not include any activity described in subparagraph (C), (D), or (E) of section 4911(d)(2). ``(2) Disclosure requirements.-- ``(A) Establishment.--A coalition or association which is treated under paragraph (1) as a political organization shall notify the Secretary, electronically and in writing, of its existence. Such notice shall be transmitted not later than 72 hours after a lobbyist first makes a lobbying contact (or, if earlier, is employed or retained to make a lobbying contact) on behalf of such coalition or association. For purposes of the preceding sentence, the terms `lobbyist' and `lobbying contact' have the respective meanings given to such terms by section 3 of the Lobbying Disclosure Act of 1995. ``(B) Change in membership.--A coalition or association which is required to provide a notice to the Secretary under paragraph (1) shall also notify the Secretary, electronically and in writing, of any change in its membership since its prior required notice under this paragraph. Such notice shall be transmitted not later than 72 hours after the date of the membership change. ``(3) Contents of notice.-- ``(A) Initial notice.--Each notice required under paragraph (2)(A) shall include information regarding-- ``(i) the name, address, business telephone number, and principal place of business of each of the members of the coalition or association, ``(ii) a general description of the business or activities of each of such members, and ``(iii) the amount reasonably expected to be contributed by each of such members toward the activities of the coalition or association of influencing legislation. ``(B) Notice of membership change.--Each notice required under paragraph (2)(B) shall include-- ``(i) if the notice relates to a new member of the coalition or association, the information described in subparagraph (A) with respect to such new member, and ``(ii) if the notice relates to the cessation of a person's membership, the name of such person. ``(4) Effect of failure.-- ``(A) In general.--In the case of-- ``(i) a failure to give the notice required under paragraph (2) at the time and in the manner prescribed therefor, or ``(ii) a failure to include any of the information required to be included in such notice or to show the correct information, there shall be paid by the coalition or association an amount equal to the rate of tax specified in subsection (b)(1) multiplied by the amount involved. ``(B) Amount involved.--For purposes of subparagraph (A), the amount involved with respect to any failure is-- ``(i) in the case of a failure to file the notice under paragraph (2)(A) at the time and in the manner prescribed therefor, the amount which is reasonably expected to be paid by the coalition or association or its members to the person filing the registration statement, and ``(ii) in the case of a failure to include any of the information required to be included in such notice, or to show the correct information, with respect to any member, the amount reasonably expected to be contributed by such member toward the activities of the coalition or association of influencing legislation. ``(C) Joint and several liability.--All members of the coalition or association shall be jointly and severally liable under this paragraph for any failure. ``(D) Procedures for assessment and collection of penalty.--For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c). ``(5) Exception for certain tax-exempt associations.--This subsection shall not apply to any association-- ``(A) which is described in section 501(c)(3) and exempt from tax under section 501(a), or ``(B)(i) which is described in any other paragraph of section 501(c) and exempt from tax under section 501(a), and ``(ii) which has substantial exempt activities other than lobbying with respect to the specific issue for which it engaged the person filing the registration statement under section 4 of the Lobbying Disclosure Act of 1995. The preceding sentence shall not apply to any association formed or availed of to avoid the purposes of this subsection. ``(6) Exception from disclosure for certain members.-- ``(A) In general.--Information on a member of a coalition or association need not be included in any notice under paragraph (3) if the amount referred to in paragraph (3)(A)(iii) with respect to such member is less than $2,000 per year. ``(B) Expenditures in excess of expected amount.-- If-- ``(i) information on a member of a coalition or association is not included in any notice by reason of subparagraph (A), and ``(ii) the amount contributed by such member toward the activities of the coalition or association of influencing legislation exceeds $2,200 per year, such member shall be treated for purposes of this subsection as a new member of such coalition or association as of the earliest date that clause (ii) is met. ``(7) Look-thru rules.--In the case of a coalition or association which is treated as a political organization under paragraph (1)-- ``(A) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a political organization under paragraph (1), and ``(B) information on such coalition or association need not be included in any notice under paragraph (2) of the coalition or association with respect to which it is treated as a political organization under paragraph (1).''. (b) Public Disclosure of Notices.-- (1) In general.--Paragraph (1) of section 527(k) of such Code is amended by inserting ``or (m)(2)'' after ``(i)(1)''. (2) Access.--Paragaraph (2) of section 527(k) of such Code is amended by inserting after subparagraph (G) the following new subparagraph: ``(H) The organizations which file a notice under subsection (m).''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to-- (A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 after the date of the enactment of this Act, and (B) coalitions and associations for whom any lobbying contact is made after the date of the enactment of this Act. (2) Special rule.--In the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the time to file the notice under section 527(k)(2) of the Internal Revenue Code of 1986, as added by this section, shall be 30 days after the date of the enactment of this section.

Stealth Lobbyist Disclosure Act of 2004 - Amends the Internal Revenue Code to treat as a tax-exempt political organization for purposes of the disclosure and other requirements applicable to such organizations (with certain modifications) any coalition or association that is identified as a client on any registration filed under the Lobbying Disclosure Act of 1995 and that is not a political organization. Requires any such coalition or association to notify the Secretary of the Treasury of: (1) its existence within 72 hours after one of its lobbyists makes an initial contact; and (2) any change in membership within 72 hours. Requires such notice to include a general description of the business or activities of each member of the coalition or association and the amount reasonably expected to be contributed by each member toward coalition or association activities of influencing legislation. Imposes a penalty tax for failure to give required notices. Exempts from the disclosure requirements imposed by this Act: (1) public charities and other tax-exempt organizations which have substantial exempt activities other than lobbying; and (2) members of a coalition or association who contribute less than $2,000 per year for lobbying activities.

To amend the Internal Revenue Code of 1986 to require disclosure of lobbying activities by certain organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Empowerment Act of 2013''. SEC. 2. IMPROVED ACCESS TO MEDICATION THERAPY MANAGEMENT UNDER PART D OF THE MEDICARE PROGRAM. Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w- 104(c)(2)) is amended-- (1) in subparagraph (A)(ii)(I), by striking ``have'' and inserting ``subject to subparagraph (H), have''; and (2) by adding at the end the following new subparagraph: ``(H) Expansion of definition of targeted beneficiary the expansion reduces spending.-- ``(i) CMS actuary report.--Not later than January 1, 2014, the Chief Actuary of the Centers for Medicare & Medicaid Services (in this subparagraph referred to as the `Chief Actuary') shall submit to the Secretary and to Congress a report on whether or not the expansion described in clause (ii) would, if implemented, reduce expenditures under this title. If the Chief Actuary determines that such expansion would reduce spending under this title, such report shall include a certification of such determination. ``(ii) Expansion described.--The expansion described in this clause is an expansion of the definition of targeted beneficiary under subparagraph (A)(ii) by applying subclause (I) of such subparagraph as if the following were inserted before the semicolon at the end: `or a single chronic disease that accounts for high spending under this title, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)'. ``(iii) Application if the chief actuary determines that the expansion reduces spending.--If the report under clause (i) contains the certification described in such clause, the following rules shall apply: ``(I) Implementation of expansion.--Subject to subclause (III), effective with respect to plan years beginning on or after January 1, 2015, subparagraph (A)(ii)(I) shall be applied to include the expansion described in clause (ii). ``(II) Updated cms actuary report based on implementation.--Not later than March 1, 2020, the Chief Actuary shall submit to the Secretary and to Congress a report on the implementation of the expansion under subclause (I). Such report shall include an analysis of whether or not such expansion reduces spending under this title. ``(III) Authority to terminate expansion if the expansion does not reduce spending.--If the Chief Actuary determines in the report under subclause (II) that the expansion does not reduce spending under this title, the Secretary may, effective with respect to plan years beginning on or after January 1, 2021, apply subparagraph (A)(ii)(I) as if this subparagraph had never been enacted. In making the determination under the preceding sentence, the Secretary shall take into account whether such expansion improves the quality of care furnished to, and the health outcomes of, individuals eligible for services under a medication therapy management program by reason of such expansion.''.

Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Chief Actuary of the Centers for Medicare and Medicaid Services to report to the Secretary of Health and Human Services (HHS) and to Congress on whether or not the expansion of the definition of targeted beneficiary, with respect to medication therapy management, would, if implemented, reduce spending under Medicare. Requires the report to include a certification of any determination by the Chief Actuary that such expansion would reduce such spending. Specifies such an expansion as targeted beneficiaries with a single chronic disease that accounts for high Medicare spending, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder). (Currently a targeted beneficiary must have multiple chronic diseases.) Requires such an expansion to take place if the report contains the certification indicated.

Medication Therapy Management Empowerment Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eightmile Wild and Scenic River Act''. SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, CONNECTICUT. (a) Findings.--Congress finds the following: (1) The Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107-65; 115 Stat. 484) authorized the study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System. (2) The segments of the Eightmile River covered by the study are in a free-flowing condition, and the outstanding resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem. (3) The Eightmile River Wild and Scenic Study Committee has determined that-- (A) the outstanding resource values of these river segments depend on sustaining the integrity and quality of the Eightmile River watershed; (B) these resource values are manifest within the entire watershed; and (C) the watershed as a whole, including its protection, is itself intrinsically important to this designation. (4) The Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole. (5) During the study, the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, prepared a comprehensive management plan for the Eightmile River watershed, dated December 8, 2005 (in this section referred to as the ``Eightmile River Watershed Management Plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the Eightmile River and its watershed, without Federal management of affected lands not owned by the United States. (6) The Eightmile River Wild and Scenic Study Committee voted in favor of inclusion of the Eightmile River in the National Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed Management Plan. (7) The residents of the towns lying along the Eightmile River and comprising most of its watershed (Salem, East Haddam, and Lyme, Connecticut), as well as the Boards of Selectmen and Land Use Commissions of these towns, voted to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System. (8) The State of Connecticut General Assembly enacted Public Act 05-18 to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System. (b) 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: ``(_) Eightmile River, Connecticut.--Segments of the main stem and specified tributaries of the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows: ``(A) The entire 10.8-mile segment of the main stem, starting at its confluence with Lake Hayward Brook to its confluence with the Connecticut River at the mouth of Hamburg Cove, as a scenic river. ``(B) The 8.0-mile segment of the East Branch of the Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic river. ``(C) The 3.9-mile segment of Harris Brook starting with the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to its confluence with the East Branch of the Eightmile River, as a scenic river. ``(D) The 1.9-mile segment of Beaver Brook starting at its confluence with Cedar Pond Brook to its confluence with the main stem of the Eightmile River, as a scenic river. ``(E) The 0.7-mile segment of Falls Brook from its confluence with Tisdale Brook to its confluence with the main stem of the Eightmile River at Hamburg Cove, as a scenic river.''. (c) Management.--The segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (b) (in this section referred to as the ``Eightmile River'') shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments to the plan as the Secretary of the Interior determines are consistent with this section. The Eightmile River Watershed Management Plan is deemed to satisfy the requirements for a comprehensive management plan required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (d) Committee.--The Secretary of the Interior shall coordinate the management responsibilities of the Secretary with regard to the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management Plan. (e) Cooperative Agreements.--In order to provide for the long-term protection, preservation, and enhancement of the Eightmile River, the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate local planning and environmental organizations. All cooperative agreements authorized by this subsection shall be consistent with the Eightmile River Watershed Management Plan and may include provisions for financial or other assistance from the United States. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Eightmile River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. (g) Land Management.--The zoning ordinances adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, are deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of that Act, such towns shall be deemed ``villages'' and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply to the segments designated by subsection (b). The authority of the Secretary to acquire lands for the purposes of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner thereof, and shall be subject to the additional criteria set forth in the Eightmile River Watershed Management Plan. (h) Watershed Approach.-- (1) In general.--In furtherance of the watershed approach to resource preservation and enhancement articulated in the Eightmile River Watershed Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and its watershed. (2) Covered tributaries.--Paragraph (1) applies with respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all other perennial streams within the Eightmile River watershed. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section and the amendment made by subsection (b). Passed the House of Representatives July 31, 2007. Attest: LORRAINE C. MILLER, Clerk.

Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system (the system) certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut. Declares that such segments shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments as the Secretary of the Interior determines are consistent with this Act. Deems the Plan to satisfy the requirements for a comprehensive management plan required under the Act. Instructs the Secretary to coordinate management responsibilities regarding the Eightmile River with the Eightmile Coordinating Committee, as specified in the Plan. Allows the Secretary to enter into cooperative agreements for administration and for assistance, advice, and cooperation to plan, protect, and manage river resources with the state of Connecticut, the towns of Salem, Lyme, and East Haddam, and appropriate local planning and environmental organizations. Requires the agreements to be consistent with the Plan and allows provisions for federal assistance. Prohibits the Eightmile River from being administered as part of the National Park System or being subject to related regulations. Deems: (1) the zoning ordinances adopted by the towns, in effect as of December 8, 2005, to satisfy the standards and requirements under the Act regarding the prohibition on federal acquisition of lands by condemnation for inclusion in any wild, scenic, or recreational river area; and (2) such towns to be "villages" for such purposes. Limits the authority of the Secretary to acquire lands for purposes of the Act to acquisition by donation or acquisition with the owner's consent and subjects it to the additional criteria set forth in the Plan. Recognizes specified tributaries of the Eightmile River watershed as integral to the protection and enhancement of the river and watershed. Authorizes appropriations.

To amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Seafood Consumer Protection Act''. SEC. 2. SEAFOOD SAFETY. (a) In General.--The Secretary of Commerce shall, in coordination with the Secretary of Health and Human Services and other appropriate Federal agencies, establish a program to strengthen Federal activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of Federal law. (b) Memorandum of Understanding.--The Secretary of Commerce and the Secretary of Health and Human Services shall enter into an agreement within 180 days after enactment of this Act to strengthen cooperation on seafood safety. The agreement shall include provisions for-- (1) cooperative arrangements for examining and testing seafood imports; (2) coordination of inspections of foreign facilities; (3) technical assistance and training of foreign facilities for marine aquaculture, technical assistance for foreign governments concerning United States regulatory requirements, and appropriate information transfer arrangements between the United States and foreign governments; (4) developing a process for expediting imports of seafood into the United States from foreign countries and exporters that consistently adhere to the highest standards for ensuring seafood safety; (5) establishing a system to track shipments of seafood in the distribution chain within the United States; (6) labeling requirements to assure species identity and prevent fraudulent practices; (7) a process by which officers and employees of the National Oceanic and Atmospheric Administration and National Marine Fisheries Service shall be commissioned by the Secretary of Health and Human Services for seafood examinations and investigations conducted under section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381); (8) the sharing of information concerning observed non- compliance with United States food requirements domestically and in foreign countries and new regulatory decisions and policies that may affect regulatory outcomes; and (9) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities. SEC. 3. CERTIFIED LABORATORIES. Within 180 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall increase the number of laboratories certified to the standards of the Food and Drug Administration in the United States and in countries that export seafood to the United States for the purpose of analyzing seafood and ensuring that it complies with Federal law. Such laboratories may include Federal, State, and private facilities. The Secretary of commerce shall publish in the Federal Register a list of certified laboratories, and shall update the list, and publish the updated list, no less frequently than annually. SEC. 4. NOAA LABORATORIES. In any fiscal year beginning after the date of enactment of this Act, the Secretary of Commerce shall increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration involved in carrying out testing and other activities under this Act to the extent the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this Act and as provided for in appropriations Acts. SEC. 5. CONTAMINATED SEAFOOD. (a) Refusal of Entry.--The Secretary of Health and Human Services shall issue an order refusing admission into the United States of all imports of seafood or seafood products originating from a country or exporter if the Secretary determines, on the basis of reliable evidence, that shipments of such seafood or seafood products is not likely to meet the requirements of Federal law. (b) Increased Testing.--If the Secretary determines, on the basis of reliable evidence that seafood imports originating from a country may not meet the requirements of Federal law, and determines that there is a lack of adequate certified laboratories to provide for the entry of shipments pursuant to section 3, then the Secretary shall order an increase in the percentage of shipments tested of seafood originating from such country to improve detection of potential violations of such requirements. (c) Allowance of Individual Shipments From Exporting Country or Exporter.--Notwithstanding an order under subsection (a) with respect to seafood originating from a country or exporter, the Secretary may permit individual shipments of seafood originating in that country or from that exporter to be admitted into the United States if-- (1) the exporter presents evidence from a laboratory certified by the Secretary that a shipment of seafood meets the requirements of Federal law; and (2) the Secretary, or an entity commissioned to carry out examinations and investigations under section 702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has inspected the shipment and has found that the shipment meets the requirements of Federal law. (d) Cancellation of Order.--The Secretary shall cancel an order under subsection (a) with respect to seafood exported from a country or exporter if all shipments into the United States under subsection (c) of seafood originating in that country or from that exporter more than 1 year after the date on which the Secretary issued the order have been found, under the procedures described in subsection (c), to meet the requirements of Federal law. If the Secretary determines that an exporter has failed to comply with the requirements of an order under subsection (a), the 1-year period in the preceding sentence shall run from the date of that determination rather than the date on which the order was issued. (e) Reliable Evidence Defined.--In this section, the term ``reliable evidence'' includes-- (1) the detection of failure to meet Federal law requirements under subsection (a) by the Secretary; (2) the detection of all seafood products that fail to meet Federal law requirements by an entity commissioned to carry out examinations and investigations under section 702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) or a laboratory certified under subsection (c); (3) findings from an inspection team formed under section 6; or (4) the detection by other importing countries of non- compliance of shipments of seafood or seafood products that originate from the exporting country or exporter. (f) Effect.--This section shall be in addition to, and shall have no effect on, the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, seafood products, or any other product. SEC. 6. INSPECTION TEAMS. The Secretary of Commerce, in cooperation with the Secretary of Health and Human Services, shall send 1 or more inspectors to a country or exporter from which seafood exported to the United States originates. The inspection team will assess whether any prohibited drug, practice, or process is being used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood. The inspection team shall prepare a report for the Secretary with its findings. The Secretary of Commerce shall cause the report to be published in the Federal Register no later than 90 days after the inspection team makes its final report. The Secretary of Commerce shall notify the country or exporter through appropriate means as to the findings of the report no later than the date on which the report is published in the Federal Register. A country may offer a rebuttal to the assessment within 90 days after publication of the report. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of fiscal years 2009 through 2013, for purposes of carrying out the provisions of this Act, $15,000,000.

Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements. Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding testing, inspections of foreign facilities, technical assistance of foreign facilities, establishing a distribution chain tracking system, and labeling. Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards. Directs the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act, as provided for in appropriations Acts. Directs the Secretary of Health and Human Services to refuse admission of all imports of seafood or seafood products originating from a country or exporter if that Secretary determines the shipments are not likely to meet federal requirements. Allows admittance of individual shipments from that country or exporter on evidence from an inspection or a certified laboratory. Authorizes the Secretary to send inspectors to an originating country or exporter.

To improve the protections afforded under Federal law to consumers from contaminated seafood by directing the Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to strengthen activities for ensuring that seafood sold or offered for sale to the public in or affecting interstate commerce is fit for human consumption.

SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND STATISTICS. (a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and harassment,'' after ``violence''. (b) State Application.--Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended-- (1) in paragraph (9)-- (A) in subparagraph (C), by striking ``and'' at the end; and (B) by adding at the end the following: ``(E) the incidence and prevalence of reported incidents of bullying and harassment; and ``(F) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents;''; (2) in paragraph (18), by striking ``and'' at the end; (3) in paragraph (19), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement.''. (c) Local Educational Agency Program Application.--Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended-- (1) in paragraph (2)(B)(i)-- (A) in the matter preceding subclause (I), by striking the semicolon and inserting a comma; (B) in subclause (I), by striking ``and'' at the end; and (C) by adding at the end the following: ``(III) performance indicators for bullying and harassment prevention programs and activities; and''; and (2) in paragraph (7)-- (A) in subparagraph (A), by inserting ``, including bullying and harassment'' after ``disorderly conduct''; (B) in subparagraph (D), by striking ``and'' at the end; and (C) by adding at the end the following: ``(F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and ``(G) complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including-- ``(i) the name of the school or district officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the school or district will follow in the resolution of such complaints;''. (d) Authorized Activities.--Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (vi), by striking ``and'' at the end; (B) in clause (vii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(viii) teach students about the consequences of bullying and harassment.''; and (2) in subparagraph (E), by adding at the end the following: ``(xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.''. (e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C. 7116(a)(2)(B)) is amended by inserting ``, including bullying and harassment,'' after ``drug use and violence''. (f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132) is amended-- (1) in subsection (a)(2), by striking ``and school violence'' and inserting ``school violence, including bullying and harassment,''; and (2) in the first sentence of subsection (b), by inserting ``, including bullying and harassment,'' after ``drug use and violence''. (g) Definitions.-- (1) Drug and violence prevention.--Paragraph (3)(B) of section 4151 of such Act (20 U.S.C. 7151) is amended by inserting ``, bullying, and other harassment'' after ``sexual harassment and abuse''. (2) Protective factor, buffer, or asset.--Paragraph (6) of such section is amended by inserting ``, including bullying and harassment'' after ``violent behavior''. (3) Risk factor.--Paragraph (7) of such section is amended by inserting ``, including bullying and harassment'' after ``violent behavior''. (4) Bullying, harassment, and violence.--Such section is further amended by adding at the end the following: ``(12) Bullying.--The term `bullying' means conduct, including conduct that is based on a student's actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that-- ``(A) is directed at one or more students; ``(B) substantially interferes with educational opportunities or educational programs of such students; and ``(C) adversely affects the ability of a student to participate in or benefit from the school's educational programs or activities by placing a student in reasonable fear of physical harm. ``(13) Harassment.--The term `harassment' means conduct, including conduct that is based on a student's actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that-- ``(A) is directed at one or more students; ``(B) substantially interferes with educational opportunities or educational programs of such students; and ``(C) adversely affects the ability of a student to participate in or benefit from the school's educational programs or activities because the conduct as reasonably perceived by the student is so severe, pervasive, and objectively offensive. ``(14) Violence.--The term `violence' includes bullying and harassment.''. (h) Effect on Other Laws.-- (1) Amendment.--The Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``SEC. 4156. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.''. (2) Clerical amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding after the item relating to section 4155 the following: ``Sec. 4156. Effect on other laws.''.

Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment.

To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dirty Bomb Prevention Act''. SEC. 2. RADIATION SOURCE PROTECTION. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``Sec. 170C. Radiation Source Protection.-- ``a. Task Force on Sealed Source Protection.-- ``(1) Establishment.--There is hereby established a task force on sealed source protection. ``(2) Membership.--The task force shall be headed by the Chairman of the Commission or his designee. Its members shall be the following: ``(A) The Secretary of Defense or his designee. ``(B) The Secretary of Transportation or his designee. ``(C) The Attorney General or his designee. ``(D) The Secretary of State or his designee. ``(E) The Director of the Central Intelligence Agency or his designee. ``(F) The Director of the Federal Emergency Management Agency or his designee. ``(G) The Director of the Federal Bureau of Investigation or his designee. ``(H) The Homeland Security Officer or his designee. ``(3) Duties.-- ``(A) In general.--The task force, in consultation with other State, Federal, and local agencies and members of the public, as appropriate, shall evaluate and provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device. ``(B) Recommendations to congress and the president.--Not later than 180 days after the date of the enactment of this section, and not less than once every 3 years thereafter, the task force shall submit a report to Congress and to the President, in unclassified form with a classified annex if necessary, providing recommendations, including recommendations for appropriate regulatory and legislative changes, for-- ``(i) the establishment of or modifications to a classification system for sealed sources based on their potential attractiveness to terrorists and the extent of the threat to public health and safety, taking into account sealed source radioactivity levels, dispersability, chemical and material form, and other factors as appropriate; ``(ii) the establishment of or modifications to a national system for recovery of sealed sources that have been lost or stolen, taking into account the classification system established under clause (i); ``(iii) the storage of sealed sources not currently in use in a safe and secure manner; ``(iv) the establishment of or modification to a national tracking system for sealed sources, taking into account the classification system established under clause (i); ``(v) the establishment of or modifications to a national system to impose fees to be collected from users of sealed sources, to be refunded when the sealed sources are returned or properly disposed of, or any other method to ensure the return or proper disposal of sealed sources; ``(vi) any modifications to export controls on sealed sources necessary to ensure that foreign recipients of sealed sources are able and willing to control United States-origin sealed sources in the same manner as United States recipients; ``(vii) whether alternative technologies are available that can perform some or all of the functions currently performed by devices that employ sealed sources, and if so, the establishment of appropriate regulations and incentives for the replacement of such devices with alternative technologies in order to reduce the number of sealed sources in the United States; and ``(viii) the creation of or modifications to procedures for improving the security of sealed sources in use, transportation, and storage, which may include periodic Commission audits or inspections to ensure that sealed sources are properly secured and can be fully accounted for, Commission evaluation of security measures, increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees who possess sealed sources, background checks for certain individuals with access to sealed sources, assurances of the physical security of facilities that contain sealed sources, and the screening of shipments to facilities particularly at risk for sabotage of sealed sources to ensure that they do not contain explosives. ``b. Commission Actions.--Not later than 60 days after receipt by Congress and the President of the report required under subsection a.(3)(B), the Commission, in accordance with the recommendations of the task force, shall take any appropriate actions, including commencing revision of its system for licensing sealed sources, and shall take necessary steps to ensure that States that have entered into an agreement under section 274 b. establish compatible programs in a timely manner. ``c. National Academy of Sciences Study.--Not later than 60 days after the date of the enactment of this section, the Commission shall enter into an arrangement with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. The study shall review the current uses for sealed sources, identifying industrial or other processes that utilize sealed sources that could be replaced with economically and technically equivalent (or improved) processes that do not require the use of radioactive materials. The Commission shall transmit the results of the study to Congress within 24 months after the date of the enactment of this section. ``d. Definition.--For purposes of this section, the term `sealed source' means any byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material, except that such term does not include fuel or spent fuel.''. (b) Table of Sections Amendment.--The table of sections of the Atomic Energy Act of 1954 is amended by adding at the end of the items relating to chapter 14 the following new items: ``Sec. 170B. Uranium supply. ``Sec. 170C. Radiation source protection.''.

Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source protection (byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material).Requires the task force to evaluate and make recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device.Directs the Nuclear Regulatory Commission to arrange with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources.

To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Charging Advancement Reform Act'' or as the ``E-Car Act''. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR RECHARGING PROPERTY. (a) In General.--Section 30C of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 30C. ELECTRIC VEHICLE RECHARGING PROPERTY CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the cost of any qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to all qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year at a location shall not exceed-- ``(1) in the case of a property of a character subject to an allowance for depreciation, the greater of-- ``(A) $100,000, or ``(B) $10,000 multiplied by the number of devices placed in service at the location by the taxpayer during the taxable year, and ``(2) $2,000 in any other case. ``(c) Qualified Electric Vehicle Recharging Property.--For purposes of this section, the term `qualified electric vehicle recharging property' means any property (not including a building) if-- ``(1) such property is-- ``(A) of a character subject to the allowance for depreciation, or ``(B) installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, ``(2) the original use of such property begins with the taxpayer, and ``(3) such property is for the recharging of motor vehicles propelled by electricity (including property relating to providing electricity for such recharging or otherwise necessary for such recharging property). ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 25D and 30D) and section 27 for the taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Basis reduction.--The basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(2) Property used by tax-exempt entity.--In the case of any qualified electric vehicle recharging property the use of which is described in paragraph (3) or (4) of section 50(b) (including use by an Indian tribal government) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). ``(3) Property used outside united states not qualified.-- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election not to take credit.--No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ``(5) Recapture rules.--Rules similar to the rules of section 179A(e)(4) shall apply. ``(6) Device.--For the purposes of subsection (b)(1), the term `device' means an individual item of property, whether a stand-alone item or part of property that includes multiple devices, which functions to recharge one vehicle at a time. ``(7) Joint ownership of qualified electric vehicle recharging property.-- ``(A) In general.--Any qualified electric vehicle recharging property shall not fail to be treated as such property solely because such property is placed in service with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any qualified electric vehicle recharging property which is placed in service with respect to 2 or more dwelling units, this section (other than this subparagraph) shall be applied separately with respect to the portion of such property attributable to each such dwelling unit. ``(f) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2017.''. (b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 30C''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2013. (2) Preservation of last year of credit for hydrogen refueling property.--So much of the amendment made by subsection (a) as relates to the repeal of section 30C of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of this Act) shall apply to property placed in service after December 31, 2014.

Electric Charging Advancement Reform Act or the E-Car Act - Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging of motor vehicles propelled by electricity. Terminates such credit after December 31, 2017.

E-Car Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girl Scouts USA Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Girl Scouts of the United States of America is the world's preeminent organization dedicated solely to girls, building character and skills for success in the real world; (2) in 1911, Juliette Gordon Low met Sir Robert Baden- Powell, a war hero and the founder of the Boy Scouts of America; (3) with Baden-Powell's help and encouragement, Juliette Gordon Low made plans to start a similar association for American girls; (4) on March 12, 1912, Juliette Gordon Low organized the first 2 Girl Scout Troops in Savannah, Georgia consisting of 18 members; (5) Low devoted the next 15 years of her life to building the organization, which would become the largest voluntary association for women and girls in the United States; (6) Low drafted the Girl Scout laws, supervised the writing of the first handbook in 1913, and provided most of the financial support for the organization during its early years; (7) the Girl Scouts of the United States of America was chartered by the United States Congress in 1950, in section 80301 of title 36, United States Code; (8) today there are more than 3,700,000 members in 236,000 troops throughout the United States and United States territories; (9) through membership in the World Association of Girl Guides and Girl Scouts, Girls Scouts of the United States of America is part of a worldwide family of 10,000,000 girls and adults in 145 countries; (10) more than 50,000,000 American women enjoyed Girl Scouting during their childhood, and that number continues to grow as Girl Scouts of the United States of America continues to inspire, challenge, and empower girls everywhere; and (11) March 12, 2012 will mark the 100th Anniversary of the establishment of the Girl Scouts of the United States of America. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the establishment of the Girl Scouts of the United States of America. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2011''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Girl Scouts of the United States of America and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.-- (1) In general.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Use of the united states mint at west point, new york.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted 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 minted 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 minted 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 minted under this Act shall be paid to the Girl Scouts of the United States of America for efforts involved in marking the Centennial of its establishment, which may include efforts to preserve the birthplace of Juliette Gordon Low. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Girl Scouts of the United States of America as may be related to the expenditure of amounts paid under subsection (b).

Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America. Requires the coin design to be emblematic of such centennial. Requires such coins to be issued in uncirculated and proof qualities, from only one U.S. Mint facility. Declares the sense of Congress that such facility should be the U.S. Mint at West Point, New York, to the greatest extent possible. Authorizes the Secretary to issue such coins only during calendar 2011. Applies a $10 per coin surcharge to all coin sales. Requires all surcharges received to be paid to the Girl Scouts of the United States of America for efforts involved in marking it centennial, which may include efforts to preserve the birthplace of founder Juliette Gordon Low.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007''. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT. (a) In General.--Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking ``of approximately twenty thousand acres generally depicted on the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve' numbered 90,000B and dated April 1978,'' and inserting ``generally depicted on the map entitled `Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve', numbered _____, and dated ________,''. (b) Acquisition of Land.--Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended-- (1) in subsection (a)-- (A) by striking ``(a) Within the'' and all that follows through the first sentence and inserting the following: ``(a) In General.-- ``(1) Barataria preserve unit.-- ``(A) In general.--The Secretary may acquire any land, water, and interests in land and water within the area, as depicted on the map described in section 901, by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. ``(B) Limitations.-- ``(i) In general.--Any private land located in the area, as depicted on the map described in section 901, may be acquired by the Secretary only with the consent of the owner of the land. ``(ii) Boundary adjustment.--On the date on which the Secretary, under subparagraph (A), completes the acquisition of a parcel of private land located in the area, as depicted on the map described in section 901, the boundary of the historical park and preserve shall be adjusted to reflect the acquisition. ``(iii) Jurisdiction of national park service.--Any Federal land acquired in the areas shall be transferred without consideration to the administrative jurisdiction of the National Park Service. ``(iv) Easements.--To ensure adequate hurricane protection of communities located in the area, any land in the area identified on the map that is acquired or transferred shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.''; (B) in the second sentence, by striking ``The Secretary may also'' and inserting the following: ``(2) French quarter.--The Secretary may''; (C) in the third sentence, by striking ``Lands, waters, and interests therein'' and inserting the following: ``(3) Acquisition of state land.--Land, water, and interests in land and water''; and (D) in the fourth sentence, by striking ``In acquiring'' and inserting the following: ``(4) Acquisition of oil and gas rights.--In acquiring''; (2) by striking subsections (b) through (f) and inserting the following: ``(b) Resource Protection.--With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect-- ``(1) fresh water drainage patterns; ``(2) vegetative cover; ``(3) the integrity of ecological and biological systems; and ``(4) water and air quality.''; and (3) by redesignating subsection (g) as subsection (c). (c) Hunting, Fishing, and Trapping.--Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking ``, except that within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he'' and inserting ``on land, and interests in land and water managed by the Secretary, except that the Secretary''. (d) Administration.--Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended-- (1) by striking the first sentence; and (2) in the second sentence, by striking ``Pending such establishment and thereafter the'' and inserting ``The''. SEC. 3. REFERENCES IN LAW. (a) In General.--Any reference in a law (including regulations), map, document, paper, or other record of the United States-- (1) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or (2) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve. (b) Conforming Amendments.--Title IX of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended-- (1) by striking ``Barataria Marsh Unit'' each place it appears and inserting ``Barataria Preserve Unit''; and (2) by striking ``Jean Lafitte National Historical Park'' each place it appears and inserting ``Jean Lafitte National Historical Park and Preserve''.

Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007 - Amends the National Parks and Recreation Act of 1978 to adjust the boundary of the the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in Louisiana and to acquire land necessary for the adjustment by transfer or exchange from a federal agency or, from a land owner, by donation or purchase (but only with an owner's consent). Subjects any acquired or transferred land in the area to any easements that have been agreed to by the Secretary and the Secretary of the Army in order to ensure adequate hurricane protection of the communities located in the area. Revises provisions concerning hunting, fishing, and trapping.

To adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. (a) In General.--This Act may be cited as the ``Clean Water Infrastructure Financing Act of 1999''. (b) Amendment of Federal Water Pollution Control Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period 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) (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 (33 U.S.C. 1382) is amended by adding at the end the following new subsection: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of the 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 the 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) Small system defined.--For purposes of 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 which serves a population of 20,000 or less.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal agency, interstate agency, State agency, or other person. Such activities may include the following: ``(A) Construction of a publicly owned treatment works. ``(B) Implementation of lake protection programs and projects under section 314. ``(C) Implementation of a management program under section 319. ``(D) Implementation of a 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. ``(H) Acquisition of lands necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing financial assistance described in paragraph (1). Fees charged by a State to recipients of such assistance may be deposited in the fund for the sole purpose of financing the cost of administration of this title.''. (b) Extended Repayment Period for Disadvantaged Communities.-- Section 603(d)(1) (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 ``upon the expiration of the term of the loan''. (c) Loan Guarantees for Innovative Technology.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as follows: ``(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) (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or $400,000 per year or \1/2\ percent per year of the current valuation of such fund, whichever is greater, plus the amount of any fees collected by the State for such purpose under subsection (c)(2)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) 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 such amounts shall not exceed 2 percent of all grant awards to such fund under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from its water pollution control revolving fund with respect to a project for construction of a publicly owned treatment works only if such project is on the State's priority list under section 216 of this Act without regard to the rank of such project on the State's priority 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 is amended by adding at the end the following: ``(i) Interest Rates.--In any case in which a State makes a loan pursuant to 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. The aggregate amount of all such negative interest rate loans the State makes in a fiscal year shall not exceed 20 percent of the aggregate amount of all loans made by the State from its revolving loan fund in such fiscal year. ``(j) Disadvantaged Community Defined.--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 to be established by the Administrator, in cooperation with the States.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 (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 2000 through 2004.''.

Clean Water Infrastructure Financing Act of 1999 - Amends the Federal Water Pollution Control Act to provide that capitalization grants to States for the establishment of water pollution control revolving funds ( revolving funds) shall be for providing assistance to accomplish the purposes of such Act. (Currently, such grants are provided for assistance for specific purposes.) 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 amounts available to revolving funds to be used only for providing assistance to activities which 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 2000 through 2004 for the revolving fund program.

Clean Water Infrastructure Financing Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Hills National Cemetery Boundary Expansion Act''. SEC. 2. DEFINITIONS. In this Act: (1) Cemetery.--The term ``Cemetery'' means the Black Hills National Cemetery in Sturgis, South Dakota. (2) Federal land.--The term ``Federal land'' means the approximately 200 acres of Bureau of Land Management land adjacent to the Cemetery, generally depicted as ``Proposed National Cemetery Expansion'' on the map entitled ``Proposed Expansion of Black Hills National Cemetery-South Dakota'' and dated June 16, 2016. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR CEMETERY USE. (a) Conduct of Due Diligence Activities by the Secretary of Veterans Affairs.-- (1) In general.--Before the transfer of administrative jurisdiction and withdrawal of the Federal land under subsections (b) and (c), respectively, and subject to paragraph (2), the Secretary of Veterans Affairs shall complete any appropriate environmental, cultural resource, and other due diligence activities on the Federal land that would enable the Secretary of Veterans Affairs to confirm that the Federal land is suitable for cemetery purposes. (2) Notice; required coordination.--The Secretary of Veterans Affairs shall-- (A) before conducting any due diligence activities under paragraph (1), notify the Secretary of the activities to be conducted; (B) as the Secretary of Veterans Affairs determines to be necessary in the conduct of the due diligence activities under paragraph (1), coordinate the activities with the Secretary; and (C) if the Secretary of Veterans Affairs determines, on completion of the due diligence activities under paragraph (1), that the Federal land is suitable for cemetery purposes, submit written notice of the determination to the Secretary. (b) Transfer of Administrative Jurisdiction.-- (1) Transfer.-- (A) In general.--On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under subsection (a)(2)(C), except as provided in subparagraph (B), and subject to valid existing rights, administrative jurisdiction over the Federal land is transferred from the Secretary to the Secretary of Veterans Affairs for use as a national cemetery in accordance with chapter 24 of title 38, United States Code. (B) Exclusion.--The transfer of administrative jurisdiction over the Federal land under subparagraph (A) shall not include the land located within 100 feet of the center of the Centennial Trail, as generally depicted on the map entitled ``Proposed Expansion of Black Hills National Cemetery-South Dakota'' and dated June 16, 2016. (2) Legal descriptions.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice containing a legal description of the Federal land. (B) Effect.--A legal description published under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the legal description. (C) Availability.--Copies of the legal description published under subparagraph (A) shall be available for public inspection in the appropriate offices of-- (i) the Bureau of Land Management; and (ii) the National Cemetery Administration. (D) Costs.--The Secretary of Veterans Affairs shall reimburse the Secretary for the costs incurred by the Secretary in carrying out this paragraph, including the costs of any surveys and other reasonable costs. (c) Withdrawal.--On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under subsection (a)(2)(C) and subject to valid existing rights, the Federal land-- (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; and (2) shall be treated as property as defined under section 102(9) of title 40, United States Code. (d) Boundary Modification.--The boundary of the Cemetery is modified to include the Federal land. (e) Modification of Public Land Order.--Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Black Hills National Cemetery Boundary Expansion Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain federal land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify, and coordinate with, the Department of the Interior regarding such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be treated as property; and (3) be transferred, except for the land within 100 feet of the center of the Centennial Trail, from Interior to the VA for use as a national cemetery. Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. The cemetery's boundary is modified to include such federal land.

Black Hills National Cemetery Boundary Expansion Act

SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as the ``SMART Research and Development Compact''. (b) Findings.--The Congress makes the following findings: (1) The shared borders, similar economic, environmental, and socioeconomic traits as well as the common historical attributes between the residents of Delaware, Maryland, New Jersey, and Pennsylvania, bind the 4 States into a common Mid- Atlantic region. (2) This region presents a rich framework of approximately 618 colleges and universities, including approximately 38 leading engineering colleges with a variety of technical expertise and ingenious research and development programs within every field of science and technology. (3) This region contains a variety of federally owned and generated laboratories or organizations assigned with the task of performing needed research and development in most of our Nation's technical areas, highlighted by defense, transportation, health, energy, and communications. (4) This region possesses a great wealth of private manufacturers, laboratories, and nonprofit organizations in each of the scientific and technological pursuits, such as homeland security, defense, aerospace, manufacturing, information systems, materials, chemicals, medical applications, and pharmaceuticals. (5) Increased cooperation between the above-mentioned institutions and the 4 State governments may effectively enhance the region's contribution to the United States in all fields of science and technology and promote academic, private and public research and development, technical enterprise, and intellectual vitality. (6) An organization assigned with the task of linking various institutions across different jurisdictions and promoting working partnerships may further assist the United States by providing a model for the rest of the Nation for the effective use of limited national, State, and local funding resources. SEC. 2. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by two or more of the following States: The State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania. The compact reads substantially as follows: ``SMART RESEARCH AND DEVELOPMENT COMPACT ``ARTICLE I. ``The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create a multi-State organization that shall be known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Organization (hereinafter in this compact referred to as the `Organization'). The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, Federal and State governmental agencies, laboratories, federally owned and operated laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by two or more of the following States: The State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to the consent of Congress. ``ARTICLE III. ``The States, which are parties to this compact (hereinafter referred to as `party States'), do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. ``The leadership of the Organization shall consist of a Board of Directors that shall include a representative from each party State, appointed as provided by the law of that State, and representatives from each technology class described in Article IV from the party States. Board Members may include any business, academic institution, nonprofit agency, Federal or State governmental agency, laboratory, and federally owned and operated laboratory within the party States. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the Organization. The Board of Directors may create and utilize the services of technology- designated Working Groups to identify goals and sources of funding, establish research and development projects, detect new technology advances for the region to pursue, and facilitate cooperation among regional entities. The Board of Directors and Working Groups in the Organization shall serve without compensation and shall hold regular quarterly meetings and such special meetings as their business may require. ``The Organization shall adopt bylaws and any other such rules or procedures as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional, or national, having an interest in economic or technology development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. ``ARTICLE IV. ``Not including State Representatives, the Organization Board of Directors and Technology Working Groups may represent and originate from the following technology classes: information technology, sensors, rotorcraft technology, manufacturing technology, fire/EMS, financial technology, alternative fuels, nanotechnology, electronics, environmental, telecommunications, chemical and biological, biomedical, opto-electric, Materials/Aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Board of Directors, designate and assign new technology classes and may at any time remove an existing class from this Article and the Organization's activities. ``ARTICLE V. ``The Board of Directors shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The duties of the executive director are to carry out the goals and directives of the Board of Directors and administer the actions of each Working Group as chairman. The executive director may hire a staff and shall be the administrative head of the Organization, whose term of office shall be at the pleasure of the Board of Directors. ``ARTICLE VI. ``This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.''. SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act.

SMART Research and Development Compact - Grants the consent of the Congress to the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Research and Development Compact if such compact is entered into by at least two of the following states: Delaware, Maryland, New Jersey, and Pennsylvania.

To grant the consent of the Congress to the SMART Research and Development Compact.

SECTION 1. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Duties.--The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (c) Membership.-- (1) Appointed members.-- (A) In general.--The Secretary shall appoint the voting members of the Committee from among individuals who are not officers or employees of the Federal Government. (B) Groups.--The voting members of the Committee shall include the following: (i) At least 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) At least 2 representatives of tick- borne disease voluntary organizations. (iii) At least 2 health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) At least 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments and national organizations that represent State and local health professionals. (C) Diversity.--In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons.--The Secretary shall designate the Assistant Secretary for Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment.--The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Committee, through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum-- (1) a description of the Committee's functions; (2) a list of the Committee's members and their affiliations; and (3) a summary of the Committee's activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (f) Authorization of Appropriations.--Of the amounts made available to the Department of Health and Human Services for general departmental management for fiscal years 2012 through 2016, there is authorized to be appropriated $250,000 for each of such fiscal years to carry out this Act. Amounts made available to carry out this Act shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee.

Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which they can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases.

To provide for the establishment of the Tick-Borne Diseases Advisory Committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Fairness Act of 2007''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with activities described in section 7 of such Act. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No Change in National Labor Relations Act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitations on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that-- (1) would have the effect of boycotting any independent pharmacy or group of independent pharmacies, or would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by, any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within the scope of practice as defined or permitted by relevant law or regulation; (2) allocates a market among competitors; (3) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (4) monopolizes or attempts to monopolize a market. (f) Limitation Based on Market Share of Group.--This section shall not apply with respect to the negotiations of any group of independent pharmacies with a health plan regarding the terms of any contract under which such pharmacies provide health care items or services for which benefits are provided under such plan in a PDP region (as defined in subsection (j)(4)) if the number of pharmacy licenses of such pharmacies within such group in such region exceeds 25 percent of the total number of pharmacy licenses issued to all retail pharmacies (including both independent and other pharmacies) in such region. (g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (h) No Application to Specified Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The State Children's Health Insurance Program (SHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (i) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan''-- (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage; and (iii) includes a prescription drug plan offered under part D of title XVIII of the Social Security Act and a Medicare Advantage plan offered under part C of such title. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy that has a market share of-- (A) less than 10 percent in any PDP region; and (B) less than 1 percent in the United States. For purposes of the preceding sentence, all pharmacies that are members of the same controlled group of corporations (within the meaning of section 267(f) of the Internal Revenue Code of 1986) and all pharmacies under common control (within the meaning of section 52(b) of such Code but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 pharmacy. (4) PDP region.--The term ``PDP region'' has the meaning given such term in section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)). (j) 5-Year Sunset.--The exemption provided in subsection (a) shall only apply to conduct occurring during the 5-year period beginning on the date of the enactment of this Act and shall continue to apply for 1 year after the end of such period to contracts entered into before the end of such period. (k) General Accounting Office Study and Report.--The Comptroller General of the United States shall conduct a study on the impact of enactment of this section during the 6-month period beginning with the 5th year of the 5-year period described in subsection (j). Not later than the end of such 6-month period, the Comptroller General shall submit to Congress a report on such study and shall include in the report such recommendations on the extension of this section (and changes that should be made in making such extension) as the Comptroller General deems appropriate. (l) Oversight.--Nothing in this section shall preclude the Federal Trade Commission or the Department of Justice from overseeing the conduct of independent pharmacies covered under this section.

Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Excludes from the application of this Act: (1) negotiations of any group of independent pharmacies with a health plan if the number of pharmacy licenses within such group in a PDP region (Medicare Part D prescription drug plan region) exceeds 25% of the total number of pharmacy licenses issued to all retail pharmacies in the region; and (2) negotiations between independent pharmacies and health plans pertaining to federal health benefits. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.

To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland Over-the-Road Bus Security and Safety Act of 2002''. SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall establish a program for making grants to private operators of over-the-road buses for system-wide security improvements to their operations, including-- (1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security; (2) protecting or isolating the driver; (3) acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or otherwise, and information links with government agencies; (4) training employees in recognizing and responding to security threats, evacuation procedures, passenger screening procedures, and baggage inspection; (5) hiring and training security officers; (6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the- road bus facilities; (7) creating a program for employee identification or background investigation; (8) establishing an emergency communications system linked to law enforcement and emergency personnel; and (9) implementing and operating passenger screening programs at terminals and on over-the-road buses. (b) Reimbursement.--A grant under this Act may be used to provide reimbursement to private operators of over-the-road buses for extraordinary security-related costs for improvements described in paragraphs (1) through (9) of subsection (a), determined by the Secretary to have been incurred by such operators since September 11, 2001. (c) Federal Share.--The Federal share of the cost for which any grant is made under this Act shall be 90 percent. (d) Due Consideration.--In making grants under this Act, the Secretary shall give due consideration to private operators of over- the-road buses that have taken measures to enhance bus transportation security from those in effect before September 11, 2001. (e) Grant Requirements.--A grant under this Act shall be subject to all the terms and conditions that a grant is subject to under section 3038(f) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 393). SEC. 3. PLAN REQUIREMENT. (a) In General.--The Secretary may not make a grant under this Act to a private operator of over-the-road buses until the operator has first submitted to the Secretary-- (1) a plan for making security improvements described in section 2 and the Secretary has approved the plan; and (2) such additional information as the Secretary may require to ensure accountability for the obligation and expenditure of amounts made available to the operator under the grant. (b) Coordination.--To the extent that an application for a grant under this section proposes security improvements within a specific terminal owned and operated by an entity other than the applicant, the applicant shall demonstrate to the satisfaction of the Secretary that the applicant has coordinated the security improvements for the terminal with that entity. SEC. 4. OVER-THE-ROAD BUS DEFINED. In this Act, the term ``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment. SEC. 5. BUS SECURITY ASSESSMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a preliminary report in accordance with the requirements of this section. (b) Contents of Preliminary Report.--The preliminary report shall include-- (1) an assessment of the over-the-road bus security grant program; (2) an assessment of actions already taken to address identified security issues by both public and private entities and recommendations on whether additional safety and security enforcement actions are needed; (3) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses; (4) an assessment of the economic impact that security upgrades of buses and bus facilities may have on the over-the- road bus transportation industry and its employees; (5) an assessment of ongoing research and the need for additional research on over-the-road bus security, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (6) an assessment of industry best practices to enhance security. (c) Consultation With Industry, Labor, and Other Groups.--In carrying out this section, the Secretary shall consult with over-the- road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences. SEC. 6. FUNDING. There is authorized to be appropriated to the Secretary of Transportation to carry out this Act $99,000,000 for fiscal year 2003. Such sums shall remain available until expended. Passed the House of Representatives November 15 (legislative day, November 14), 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 3429 _______________________________________________________________________ AN ACT To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

Max Cleland Over-the-Road Bus Security and Safety Act of 2002 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes, among other things, an assessment of the over-the-road bus security grant program.(Sec. 6) Authorizes appropriations for FY 2003.

To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Methyl bromide is a broad spectrum pesticide which protects plants and agricultural products from a wide range of insects, rodents, viruses, fungi, weeds, and nematodes. (2) American farmers depend on methyl bromide to grow, store, ship, process, and trade over 100 different crops. (3) The agricultural community has no safe, effective, commercially available alternatives to methyl bromide. Some nonchemical pest control alternatives have proven effective in small scale tests but are largely untested, much less proven, for commercial food production purposes. The Environmental Protection Agency's Office of Prevention, Pesticides, and Toxic Substances reports that few substitutes exist, all of which pose potential human health and environmental risks. (4) In 1992, the Montreal Protocol on Substances Depleting the Ozone Layer was amended to include methyl bromide. Subsequent peer-reviewed research indicates that most methyl bromide is naturally occurring, that a significant percentage never reaches the ozone layer, and that methyl bromide clearly does not pose the threat initially believed. Scientists agree that much is yet to be learned about methyl bromide's effect on stratospheric ozone. (5) According to the 1992 Science Assessment Report to the Montreal Protocol, agricultural use of methyl bromide accounts for less than 3 percent of the threat to the ozone layer, and a similar report issued in 1994 notes that the Earth's ozone layer will return to normal by the middle of the next century even if methyl bromide remains available to farmers. (6) In 1993, despite the importance of methyl bromide, the lack of alternatives, and many scientific uncertainties, the Environmental Protection Agency, citing the Montreal Protocol, listed methyl bromide as an ozone depleting chemical under the provisions of the Clean Air Act and ordered United States production frozen at 1991 levels and an end to production by January 1, 2001. (7) Given current alternatives, analysis at the University of Florida predicts a 43 percent decline in affected vegetable acreage in Florida. A 1993 United States Department of Agriculture study finds that the ban will cost as much as $1,500,000,000 in Florida, Georgia, California, North Carolina, and South Carolina, the 5 States where methyl bromide is most utilized. SEC. 2. CONTROL OF METHYL BROMIDE. (a) Definitions.--For purposes of this section: (1) The term ``use as a pesticide'' includes farming and post-harvest uses. (2) The term ``pesticide'' has the same meaning as when used in the Federal Insecticide, Fungicide, and Rodenticide Act. (3) The term ``control'' means, with respect to any substance, any ban, phase-out, or other restriction on the production, importation, export, consumption, or use of the substance. (4) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Restrictions on EPA Authority.--Except as provided in subsection (c) or (d), the Administrator may not-- (1) control the production, importation, or export of the substance methyl bromide pursuant to title VI of the Clean Air Act (42 U.S.C. section 7671-7671q) for consumption or use as a pesticide; (2) control the consumption or use of methyl bromide as a pesticide; or (3) require the labelling of any agricultural product treated with methyl bromide. (c) Existence of Substitutes or Alternatives.--The Administrator may take any action described in paragraph (1), (2), or (3) of subsection (b), or any combination of such actions, if the Secretary of Agriculture has certified by rule that there exist viable, cost- effective substitutes or other alternatives to the consumption or use of methyl bromide as a pesticide for specified agricultural commodities and products. If the Secretary has made a certification under this paragraph, a control permitted pursuant to such certification shall apply only with respect to those specified applications and to those specified commodities and products for which the certification is made. (d) Montreal Protocol.--The Administrator may take any action described in paragraph (1), (2), or (3) of subsection (b), or any combination of such actions, if the United States is required by the Montreal Protocol to implement a control on the production, importation, or export of methyl bromide for consumption or use as a pesticide or a control on the consumption or use of methyl bromide as a pesticide. The applicability, contents and timing of any such control-- (1) shall be no more stringent or restrictive than specifically required by the Montreal Protocol, (2) shall be equally required of all parties to the Montreal Protocol; and (3) shall include all exemptions, exceptions, and other flexibility (including exemptions for production, importation, export, and consumption, for both preshipment and quarantine uses) allowed by the Montreal Protocol. (e) Inconsistent EPA Actions.--All rules, standards and other regulatory actions promulgated, published, or otherwise issued by the Administrator of the Environmental Protection Agency before the date of enactment of this Act are repealed to the extent they impose a control which is not specifically required by the Montreal Protocol. (f) Savings Clause.--Nothing in this Act shall be construed to affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and 82.12 (relating to Article 5 parties and transfers), or any other regulatory provisions granting exemptions, exceptions, or other flexibility not prohibited by the Montreal Protocol.

Restricts the authority of the Environmental Protection Agency to control the production, importation, or export of methyl bromide for pesticide use consistent with requirements and obligations of the Montreal Protocol.

To make a regulatory correction concerning methyl bromide to meet the obligations of the Montreal Protocol without placing the farmers of the United States at a competitive disadvantage versus foreign growers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The financing of terrorism and related forms of illicit finance present a direct threat to national security and a threat to global stability. (2) New terrorist groups or threats can form quickly, and other groups change tactics to adapt, creating a constantly changing terrorist environment, presenting ever-changing risks and challenges to programs to disrupt the financing of terrorism and related forms of illicit finance. (3) Terrorists in some instances have formed symbiotic relationships with, or are taking over, transnational crime syndicates, so that funding for both terrorism and profits from crime flow in the same fashion and often are indistinguishable. (4) Methods of concealing the movement of illicit funding change quickly in a globalized economy, and rapid technological changes and financial innovation pose new risks that may be increasingly difficult for governments to stay abreast of without an agile, constantly adjusted strategy to spot, disrupt, and prevent the financing of terrorism and related forms of illicit finance. (5) A bipartisan requirement to create a national anti- money laundering strategy enacted in 1998 expired in 2007. Given the rapid globalization and rapid technology changes of the financial sector, an updated strategy focused on the financing of terrorism is necessary. (6) It is important for the Government to have a unified strategy to fight financial crime and to update it annually, both to accommodate new and developing threats and to help Congress develop legislative and funding priorities. (7) An effective strategy to counter terrorism financing is a critical component of the broader counter terrorism strategy of the United States. SEC. 3. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the appropriate Federal banking agencies, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive national strategy developed in accordance with subsection (a). (2) Updates.--Every 2 years following the initial submission under paragraph (1), the President shall submit to the appropriate congressional committees updated versions of the national strategy. (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to the Congress separately in a classified annex and, if requested by the chairman or ranking Member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 4. CONTENTS. (a) In General.--The strategy described in section 3 shall contain the following: (1) Evaluation of existing efforts.--An assessment of the effectiveness of and ways in which the United States is currently addressing the highest levels of risk of various forms of illicit finance, including those identified in the documents entitled ``2015 National Money Laundering Risk Assessment'' and ``2015 National Terrorist Financing Risk Assessment'', published by the Department of the Treasury and a description of how the strategy is integrated into, and supports, the broader counter terrorism strategy of the United States. (2) Goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of goals, objectives, and priorities for disrupting and preventing illicit finance activities within and transiting the financial system of the United States that outlines priorities to reduce the incidence, dollar value, and effects of illicit finance. (3) Threats.--An identification of the most significant illicit finance threats to the financial system of the United States. (4) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, if appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government, and with international partners of the United States, in the fight against illicit finance. (5) Detection and prosecution initiatives.--A description of efforts to improve detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Federal Government that is relevant to the efforts described in this section be available in a timely fashion to-- (i) all appropriate Federal departments and agencies; and (ii) as appropriate and consistent with section 314 of the International Money Laundering Abatement and Financial Anti- Terrorism Act of 2001 (31 U.S.C. 5311 note), financial institutions to assist the financial institutions in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (6) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing guidance to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (7) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between and among Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials; and (B) cooperative efforts with and between governments of countries and with and between multinational institutions, including the Financial Action Task Force, with expertise in fighting illicit finance. (8) Trend analysis of emerging illicit finance threats.--A discussion of and data regarding trends in illicit finance, including evolving forms of value transfer such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime, or any other threats that the Secretary may choose to identify. (9) Budget priorities.--A multiyear budget plan that identifies sufficient resources needed to successfully execute the full range of missions called for in this section. (10) Technology enhancements.--An analysis of current and developing ways to leverage technology to improve the effectiveness of efforts to stop the financing of terrorism and other forms of illicit finance, including better integration of open-source data. SEC. 5. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; (2) the term ``illicit finance'' means the financing of terrorism, money laundering, or other forms of illicit financing domestically or internationally, as defined by the President; (3) the term ``Secretary'' means the Secretary of the Treasury; and (4) the term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States.

National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act This bill directs the Department of the Treasury to develop a national strategy to combat the financing of terrorism and related forms of illicit finance.

National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2013''. SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN. Section 102 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622) is amended-- (1) in subsection (b), by striking paragraph (7) and inserting the following: ``(7) develop and update a national manufacturing competitiveness strategic plan in accordance with subsection (c).''; and (2) by striking subsection (c) and inserting the following: ``(c) National Manufacturing Competitiveness Strategic Plan.-- ``(1) In general.--The Committee shall develop, and update every 4 years, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. ``(2) Committee chairperson.--In developing and updating the strategic plan, the Secretary of Commerce, or a designee of the Secretary, shall serve as the chairperson of the Committee. ``(3) Goals.--The goals of such strategic plan shall be to-- ``(A) promote growth, including job creation, sustainability, and competitiveness, in the United States manufacturing sector; ``(B) support the development of a skilled manufacturing workforce; ``(C) enable innovation and investment in domestic manufacturing; and ``(D) support national security. ``(4) Contents.--Such strategic plan shall-- ``(A) specify and prioritize near-term and long- term objectives to meet the goals of the plan, including research and development objectives, the anticipated timeframe for achieving the objectives, and the metrics for use in assessing progress toward the objectives; ``(B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; ``(C) specify the role, including the programs and activities, of each Federal agency in meeting the objectives of the strategic plan; ``(D) describe how the Federal agencies and federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; ``(E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; ``(F) describe how such Federal agencies and centers will assist small- and medium-sized manufacturers in developing and implementing new products and processes; ``(G) take into consideration and include a discussion of the analysis conducted under paragraph (5); and ``(H) take into consideration the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing sectors and companies, academia, existing Federal advisory committees, such as the Defense Science Board, the President's Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, and the Labor Advisory Committee for Trade Negotiations and Trade Policy, and other relevant organizations and institutions. ``(5) Preliminary analysis.-- ``(A) In general.--As part of developing such strategic plan, the Committee shall conduct an analysis of factors that impact the competitiveness and growth of the United States manufacturing sector, including-- ``(i) research, development, innovation, technology transfer, and commercialization activities in the United States; ``(ii) the adequacy of the industrial base for maintaining national security; ``(iii) the state and capabilities of the domestic manufacturing workforce; ``(iv) trade, trade enforcement, and intellectual property policies; ``(v) financing, investment, and taxation policies and practices; ``(vi) the state of emerging technologies and markets; and ``(vii) efforts and policies related to manufacturing promotion undertaken by competing nations. ``(B) Reliance on existing information.--To the extent practicable, in completing the analysis under subparagraph (A), the Committee shall use existing information and the results of previous studies and reports. ``(d) Report.--Not later than 1 year after the date of enactment of the American Manufacturing Competitiveness Act of 2013, the Director shall transmit the strategic plan developed under subsection (b)(7) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives and shall transmit subsequent updates to those committees as appropriate. ``(e) Requirement To Consider Strategy in the Budget.--In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under subsection (b)(7) applying to that fiscal year.''.

American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth in the U.S. manufacturing sector, (2) support the development of a skilled manufacturing workforce, (3) enable innovation and investment in domestic manufacturing, and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Requires the Director of the Office of Science and Technology Policy to transmit the plan, and subsequent updates, to Congress.

American Manufacturing Competitiveness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2009''. SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS. (a) Treatment of Bisphenol A as Adulterating the Food or Beverage.--For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (b) Effective Dates.-- (1) Reusable food containers.-- (A) Definition.--In this Act, the term ``reusable food container'' means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (B) Applicability.--Subsection (a) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (2) Other food containers.--Subsection (a) shall apply to food containers that are packed with a food and introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (c) Waiver.-- (1) In general.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d)) a waiver of the treatment described in subsection (a) for a certain type of food container, as used for a particular food product, if such facility-- (A) demonstrates that it is not technologically feasible to replace bisphenol A in such type of container for such particular food product; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container for that food product. (2) Applicability.--A waiver granted under paragraph (1) shall constitute a waiver of the treatment described in subsection (a) for any facility that manufactures, processes, packs, holds, or sells the particular food product for which the waiver was granted. (3) Labeling.--Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A, in a manner that the Secretary shall require, which manner shall ensure adequate public awareness of potential health effects associated with bisphenol A. (4) Duration.-- (A) Initial waiver.--Any waiver granted under paragraph (1) shall be valid for not longer than 1 year after the applicable effective date in subsection (b). (B) Renewal of waiver.--The Secretary may renew any waiver granted under subparagraph (A) for a period of not more than 1 year. (d) List of Substances That Are Generally Recognized as Safe.-- (1) Review.--The Secretary, acting through the Commissioner of Food and Drugs, shall, not later than 1 year after enactment of this Act and not less than once every 5 years thereafter, review-- (A) the substances that are generally recognized as safe, listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (B) the direct food substances affirmed as generally recognized as safe, listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (C) the indirect food substances affirmed as generally recognized as safe, listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (2) Public comment.--In conducting the review described in paragraph (1), the Secretary shall provide public notice and opportunity for comment. (3) Remedial action.--If, after conducting the review described in paragraph (1), the Secretary determines that, with regard to a substance listed in such part 182, 184, or 186, new scientific evidence, including scientific evidence showing that the substance causes reproductive or developmental toxicity in humans or animals, supports-- (A) banning a substance; (B) altering the conditions under which a substance may be introduced into interstate commerce; or (C) imposing restrictions on the types of products for which the substance may be used, the Secretary shall remove such substance from the list of substances, direct food substances, or indirect food substances generally recognized as safe, as appropriate, and shall take other remedial action, as necessary. (4) Definition.--In this Act, the term ``reproductive or developmental toxicity'' has the meaning given such term in section 409(h)(6) of the Federal Food, Drug, and Cosmetic Act, as amended by section 3. (e) Savings Provision.--Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that-- (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed of bisphenol A. SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. Subsection (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended-- (1) in paragraph (1)-- (A) by striking ``manufacturer or supplier for a food contact substance may'' and inserting ``manufacturer or supplier for a food contact substance shall''; (B) by inserting ``(A)'' after ``notify the Secretary of''; (C) by striking ``, and of'' and inserting ``; (B)''; and (D) by striking the period after ``subsection (c)(3)(A)'' and inserting ``; (C) the determination of the manufacturer or supplier that no adverse health effects result from low dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.''; and (2) by striking paragraph (6) and inserting the following: ``(6) In this section-- ``(A) the term `food contact substance' means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and ``(B) the term `reproductive or developmental toxicity' means biologically adverse effects on the reproductive systems of female or male humans or animals, including alterations to the female or male reproductive system development, the related endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system.''.

Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A. Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted. Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance.

To ban the use of bisphenol A in food containers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death in Custody Reporting Act of 2009''. SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY OF LAW ENFORCEMENT. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). (b) Information Required.--The report required by this section shall contain information that, at a minimum, includes-- (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10 percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (d) Reallocation.--Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions.--In this section the terms ``boot camp prison'' and ``State'' have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)). (f) Study and Report of Information Relating to Deaths in Custody.-- (1) Study required.--The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) to-- (A) determine means by which such information can be used to reduce the number of such deaths; and (B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT. (a) In General.--For each fiscal year (beginning after the date that is 120 days after the date of the enactment of this Act), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is-- (1) detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or is incarcerated or detained at-- (A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency; (B) any State or local government facility used by such Federal law enforcement agency; or (C) any Federal correctional facility or Federal pre-trial detention facility located within the United States. (b) Information Required.--Each report required by this section shall include, at a minimum, the information required by section 2(b). (c) Study and Report.--Information reported under subsection (a) shall be analyzed and included in the study and report required by section 2(f). Passed the House of Representatives February 4, 2009. Attest: LORRAINE C. MILLER, Clerk.

Death in Custody Reporting Act of 2009 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Grants the Attorney General discretion to reduce by up to 10% the amount of the criminal justice assistance grants of states that fail to comply. Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency. Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths.

To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full Funding Act''. SEC. 2. AMENDMENT TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $12,872,421,000 or 17.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, and there are hereby appropriated $1,374,573,000 or 1.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(B) $14,411,326,000 or 19.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, and there are hereby appropriated $2,913,478,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(C) $16,134,207,000 or 21.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, and there are hereby appropriated $4,636,359,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(D) $18,063,059,000 or 23.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, and there are hereby appropriated $6,565,211,000 or 7.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(E) $20,222,507,000 or 25.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, and there are hereby appropriated $8,724,659,000 or 9.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; ``(F) $22,640,117,000 or 27.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, and there are hereby appropriated $11,142,269,000 or 11.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; ``(G) $25,346,755,000 or 30.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $13,848,907,000 or 14.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; ``(H) $28,376,972,000 or 33.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $16,879,124,000 or 17.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; ``(I) $31,769,453,000 or 36.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $20,271,605,000 or 20.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; and ``(J) $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, and there are hereby appropriated $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, which-- ``(i) shall become available for obligation with respect to fiscal year 2025 on July 1, 2025, and shall remain available through September 30, 2026; and ``(ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of-- ``(A) the total number of children with disabilities in all States who-- ``(i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and ``(ii) were aged-- ``(I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and ``(II) 6 through 21; and ``(B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.''. SEC. 3. OFFSETS. The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements.

IDEA Full Funding Act Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2016-FY2024 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2025 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires amounts appropriated to be expended consistent with pay-as-you-go requirements.

IDEA Full Funding Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibullying Campaign Act of 2005''. SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. (a) Grants.--The Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described.--An antiharassment program referred to in subsection (a) is a program that prohibits harassment in schools and at all school-sponsored programs or activities based on any distinguishing characteristic of an individual, including actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, sex, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application.-- (1) In general.--The Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State's existing or proposed antiharassment program. Such information shall include-- (A) the State's existing or proposed prohibition on harassment; (B) the State's existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application review and approval.-- (A) In general.--Not later than 30 days after the date of submission of the State's application, the Secretary shall review and approve or disapprove the application. (B) Approval.--Not later than 30 days after the date on which the Secretary approves the State's application, the Secretary shall provide a grant to the State. (C) Disapproval.--Not later than 30 days after the date on which the Secretary disapproves the State's application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary's approval. (d) Matching Funds.--The Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b). SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include-- (1) the number of students who are harassed; (2) the demographics of those students who are harassed; (3) the type of harassment to which students are subjected, including-- (A) the reasons upon which the harassment was based; and (B) the type of conduct, physical or verbal, involved; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Process.--In conducting the study required by subsection (a), the Secretary shall make every effort to protect the privacy of students involved in reports of harassment. (c) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study. SEC. 4. DEFINITIONS. In this Act: (1) Harassment.--The term ``harassment'' means conduct, including verbal conduct, that-- (A) creates, or would create, a hostile environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being; or (B) is threatening or seriously intimidating. (2) School.--The term ``school'' means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2006 through 2009. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2009.

Antibullying Campaign Act of 2005 - Directs the Secretary of Education to make matching grants to applicant states for antiharassment programs that prohibit harassment in public schools and on public school grounds based on any distinguishing characteristic of an individual. Directs the Secretary to study and report to Congress on harassment in public schools.

To direct the Secretary of Education to provide grants to States to establish and carry out or continue to carry out antiharassment programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 1999''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Protection of unborn children. ``Sec. 1841. Protection of unborn children ``(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ``90A. Protection of unborn children........................ 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ``Sec. 919a. Art. 119a. Protection of unborn children ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under this chapter for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the accused intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under subparagraph (A), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item: ``919a. 119a. Protection of unborn children.''. Passed the House of Representatives September 30, 1999. Attest: JEFF TRANDAHL, Clerk.

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

Unborn Victims of Violence Act of 1999

SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions-- ``(1) from persons other than individual residents of the congressional district involved in excess of 50 percent of the total of contributions accepted; or ``(2) from persons other than individual residents of the State in which the congressional district involved is located in excess of 10 percent of the total of contributions accepted.''. SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. AMENDMENTS TO COMMUNICATIONS ACT OF 1934. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting ``30''; (B) by striking ``sixty'' and inserting ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same period''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''.

Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives elections from persons other than local individual residents. Reduces maximum House contribution amounts from multicandidate political committees (PACs). Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money"). Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.

To amend the Federal Election Campaign Act of 1971 to reform House of Representatives campaign finance laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate 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) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; and ``(5) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms `State', `minor', and `abortion' have, respectively, the definitions given those terms in section 2435.''. SEC. 3. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431''. laws relating to abortion.

Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or 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. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion.

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

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 the authorized maximum level of ``heirless'' assets to be transferred. (5) In June of 1997, a current 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 during the war by Germany); 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 Secretary of State.--The Secretary of State 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.--The Secretary of State may commit the United States to pay an amount not to exceed $25,000,000 for distribution under an agreement described in subsection (a). (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.--Subject to subsection (b), 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, only if they meet the needs of Holocaust survivors in the United States. (b) Reservation.--The Secretary of State shall reserve a portion of the amount appropriated under subsection (a) for the United States Holocaust Museum, 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 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.

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the Secretary of State 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 Secretary of State to commit the United States to pay up to $25 million for distribution under such an agreement. Authorizes appropriations. Directs the Secretary of State to reserve a portion of the appropriation for the United States Holocaust Museum 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. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2000''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2702. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a long term, drug free residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2703. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2704. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- ``(1) in each State; and ``(2) in rural, suburban, and urban jurisdictions. ``SEC. 2705. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2706. DEFINITIONS. ``In this part: ``(1) The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law. ``(2) The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(3) The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(4) The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2000; ``(B) $85,000,000 for fiscal year 2001; ``(C) $95,000,000 for fiscal year 2002; ``(D) $105,000,000 for fiscal year 2003; and ``(E) $125,000,000 for fiscal year 2004.''. Passed the House of Representatives October 17, 2000. Attest: JEFF TRANDAHL, Clerk.

Sets forth provisions regarding permissible uses of grant funds, the Federal cost share (75 percent), program and application requirements, geographic distribution of grant awards, reports, and evaluations. Authorizes appropriations. Title II: Federal Drug Treatment Alternative Sentencing - Federal Drug Treatment Alternative Sentencing Act of 2000 - Directs the court, upon the conviction of an individual for a misdemeanor under Controlled Substances Act provisions regarding simple possession of a controlled substance, if the individual meets specified criteria, to consider sentencing that individual to a term of probation that includes a condition, or a term of imprisonment that includes a recommendation, of participation in substance abuse treatment, including a drug dependency program. (Sec. 203) Directs the court: (1) if it imposes a sentence of probation, to subject such sentence to specified requirements under the Federal criminal code; and (2) in considering discretionary conditions of probation, to consider and use, where appropriate to assure participation in substance abuse treatment, any of several listed options, including day fines, house arrest, electronic monitoring, intensive probation supervision, day reporting centers, intermittent confinement, and treatment in therapeutic community. Directs that each offender who participates in a substance abuse program under this section serve a sentence of imprisonment with respect to the underlying offense if that offender does not successfully complete such a program. Directs the court to order that substance abuse treatment be provided in the locality in which the individual resides. (Sec. 204) Requires the Bureau of Prisons to maintain a drug dependency program for offenders sentenced to incarceration, which shall consist of residential substance abuse treatment and aftercare services. Sets forth reporting requirements. (Sec. 206) Directs the United States Sentencing Commission to submit a report to the House and Senate Judiciary Committees regarding mandatory minimum sentences for controlled substance offenses, which shall include an analysis of: (1) whether such sentences may have a disproportionate impact on ethnic or racial groups; (2) the effectiveness of such sentences in reducing drug-related crime by violent offenders; and (3) the frequency and appropriateness of the use of such sentences for nonviolent offenders in contrast with other approaches such as drug treatment programs.

Prosecution Drug Treatment Alternative to Prison Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cabin Fee Act of 2014''. SEC. 2. CABIN USER FEES. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Interim Fee.--During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of-- (1) the fee determined under the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,600. (c) Completion of Current Appraisal Cycle.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current appraisal cycle''). (d) Lot Value.--Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal-- (1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or (2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. (e) Adjustment.--On the date of completion of the current appraisal cycle, and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (f) Annual Fee.-- (1) Base.--After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure: ------------------------------------------------------------------------ Approximate Percent of Fee Fee Tier Permits Nationally Amount ------------------------------------------------------------------------ Tier 1............................ 6 percent................ $650 Tier 2............................ 16 percent............... $1,150 Tier 3............................ 26 percent.............. $1,650 Tier 4............................ 22 percent.............. $2,150 Tier 5............................ 10 percent.............. $2,650 Tier 6............................ 5 percent................ $3,150 Tier 7............................ 5 percent............... $3,650 Tier 8............................ 3 percent............... $4,150 Tier 9............................ 3 percent............... $4,650 Tier 10........................... 3 percent............... $5,150 Tier 11........................... 1 percent................ $5,650. ------------------------------------------------------------------------ (2) Inflation adjustment.--The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy adjustment.-- (A) In general.--The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal.--The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with subparagraph (A) whether to suspend or reduce temporarily the annual fee. (g) Periodic Review.-- (1) In general.--Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) analyzes the annual fees set forth in the table under subsection (f) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation.--The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). SEC. 3. CABIN TRANSFER FEES. (a) In General.--The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments.--The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. SEC. 4. EFFECT. (a) In General.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska.--The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 5. RETENTION OF FEES. (a) In General.--Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use.--Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. SEC. 6. REPEAL OF CABIN USER FEE FAIRNESS ACT OF 2000. Effective on the date of the assessment of annual permit fees in accordance with section 2(f) (as certified to Congress by the Secretary), the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.

Cabin Fee Act of 2014 - (Sec. 2) Establishes a new process for the Secretary of Agriculture (USDA) to set annual fees for the issuance of special use permits for the use and occupancy of National Forest System land for recreational residences commonly referred to as cabins. Replaces the current process under which annual user fees are adjusted annually based on changes in land values, which are subject to reappraisals and appeals, with a new tiered system in which fees based on the current appraisal cycle are capped at a specified amount and adjusted annually for inflation only. Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act; and (2) assess an interim annual fee for them according to a specified formula. Specifies the annual fee for each of 11 fee tiers that are adjusted annually for inflation. Requires the Secretary to report after 10 years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system. (Sec. 3) Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. (Sec. 5) Permits the Secretary, beginning 10 years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation; and (2) use them to administer the recreational residence program and other recreation programs carried out on System land. (Sec. 6) Repeals the Cabin User Fee Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act.

Cabin Fee Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Teenage Pregnancy Reduction Act''. SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN. (a) In General.--Part A of title IV of the Social Security Act (42 U.S.C. 601-617) is amended to read as follows: ``Part A--Block Grants to States for Families With Dependent Children ``SEC. 401. ENTITLEMENT. ``For grants to which States meeting the requirements of this part are entitled, there is authorized to be appropriated to the Secretary for each fiscal year an amount equal to 103 percent of the aggregate amount of Federal outlays under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 402. APPLICATION REQUIREMENTS. ``To be entitled to a grant under this part for a fiscal year, a State must, not later than June 30 of the immediately preceding fiscal year, submit to the Secretary an application which describes the State program to assist families with dependent children, including the goals and objectives of the program. ``SEC. 403. BLOCK GRANT. ``The Secretary shall make a grant to each State that meets the requirement of section 402 in an amount equal to 103 percent of the amount paid to the State under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 404. USE OF FUNDS. ``(a) In General.--Each State to which a grant is made under section 403 for a fiscal year shall use the grant to carry out the State program to assist families with dependent children. ``(b) Prohibitions.--Each State to which a grant is made under section 403 for a fiscal year shall not use any Federal or State funds provided to carry out the State program to assist families with dependent children, to provide assistance during the fiscal year with respect to a dependent child if-- ``(1) the mother or father of the dependent child has not attained 18 years of age; or ``(2) the paternity or maternity of the dependent child has not been established. ``(c) Special Rule.--During a period not exceeding 1 year from the date a family with a dependent child moves to a State to which a grant is made under section 403 for a fiscal year from another State, the State may-- ``(1) apply the same rules as apply with respect to any other dependent child in the State, in providing assistance with respect to the dependent child under the State program to assist families with dependent children; or ``(2) treat the dependent child in the same manner as such other State would have treated the dependent child if the dependent child had not moved from such other State. ``SEC. 405. DEFINITION OF DEPENDENT CHILD. ``As used in this part, the term `dependent child' means an individual who-- ``(1) is needy, as determined by the State in which the child resides; ``(2) has been deprived of parental support or care due to the death, continued absence from the home (other than absence occasioned solely due to the performance of active duty in the uniformed services of the United States), or physical or mental incapacity of a parent; ``(3) is living with the individual's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece, in a place of residence maintained by 1 or more of such relatives as his, her, or their home; and ``(4) is-- ``(A) not more than 18 years of age; or ``(B) at the option of the State-- ``(i) not more than 19 years of age; and ``(ii) a full-time student in a secondary school (or in the equivalent level of vocational or technical training) who may reasonably be expected to complete the program of the secondary school (or the training) before attaining 19 years of age.''. ``SEC. 406. ANNUAL REPORTS. ``Not later than 6 months after the end of each fiscal year for which a State is made a grant under section 403, the State shall submit to the Secretary a report which contains-- ``(1) a statement of the average number of families with dependent children in the State during the fiscal year; ``(2) in absolute and in percentage terms, the extent to which there has been an increase or decrease, during the fiscal year and since the effective date of this part, in-- ``(A) teen pregnancies in the State; ``(B) births of children immediately eligible for assistance through the State program of assistance to families with dependent children; ``(C) families to whom such assistance has been terminated due to the gainful employment of 1 or more members of the family; and ``(D) absent parents who contribute financially to the support of families receiving such assistance; and ``(3) the extent to which the State has met the goals and objectives set forth in the application for the grant. ``SEC. 407. WITHHOLDING OF BLOCK GRANT. ``Notwithstanding any other provision of this part, beginning 4 years after the effective date of this part, the Secretary may suspend or withhold for any period part or all of a grant to a State for a fiscal year under this part if, after reviewing the State reports submitted pursuant to section 406, the Secretary determines that the State program of assistance to families with dependent children during the immediately preceding fiscal year has not adequately met the needs of the families.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1993. (c) References in Other Laws.--Any reference in any law, regulation, document, paper, or other record of the United States to part A of title IV of the Social Security Act, or to a provision of law contained in such part, shall, unless the context otherwise requires, be considered to be a reference to such part, or such provision, as in effect immediately before October 1, 1993. SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS. (a) Cost-Reduction Requirement.--The Secretary of Health and Human Services shall, using any authorities otherwise available, take such actions as may be necessary to ensure that, for each fiscal year beginning after September 30, 1994, the total administrative costs of the program described in part A of title IV of the Social Security Act shall not exceed 50 percent of the total administrative costs of that program (as then in effect) for fiscal year 1992. (b) Reporting Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a written report to Congress describing-- (1) the actions which have been or will be taken in order to achieve timely compliance with subsection (a); (2) the procedures and criteria used in determining what actions to take, including the reasons why each such action was chosen; (3) the savings anticipated from each action described under paragraph (1); and (4) the methodologies and assumptions used in connection with any computations under this section.

Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act (SSA) to replace the program of aid to families with dependent children under SSA title IV part A (AFDC) with a program of block grants to States for families with dependent children whose natural parents have attained age 18. Directs the Secretary of Health and Human Services to report to the Congress on actions required under this Act to reduce AFDC administrative costs.

Welfare and Teenage Pregnancy Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right to Know Act''. SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT TO CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2002-2003, and each academic year thereafter, prepare, publish, and distribute, through appropriate publications, including the Internet, or mailings, to all current students and employees, and upon request to any applicant for enrollment or employment, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether each such facility is equipped with a fire sprinkler system or another equally protective fire safety system. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding academic years for which data are available, of fires and false fire alarms. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols, rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(E) Information about fire safety education and training provided to students, faculty, and staff, including the percentage of students, faculty, and staff who have participated in such education and training. ``(F) Information concerning fire safety at student fraternities and sororities that are recognized by the institution, including-- ``(i) information reported to the institution under paragraph (5); and ``(ii) a statement concerning whether and how the institution works with recognized student fraternities and sororities to make buildings and property owned or controlled by such fraternities or sororities more fire safe. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make timely reports to the campus community on fires that are reported to local fire departments and the incidence of false fire alarms on campus. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. ``(4) Logs.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire, and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection. ``(5) Fraternities and sororities.--Each institution participating in a program under this title shall request each fraternity and sorority that is recognized by the institution to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity or sorority, for each building and property owned or controlled by the fraternity or sorority, respectively. ``(6) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(7) Definition of campus.--In this subsection, the term `campus' means-- ``(A) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and ``(B) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes or life safety codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college and university facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right to Know Act - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.

A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Medical Treatment Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Advertising or labeling claims.--The term ``advertising or labeling claims'' means any representations made or suggested by statement, word, design, device, sound, or any combination thereof with respect to treatment, including a representation made or suggested by a label. (2) Danger.--The term ``danger'' means any serious negative reaction that-- (A) occurred as a result of a method of treatment; (B) would not otherwise have occurred; and (C) is more serious than reactions frequently experienced with accepted treatments for the same or similar health problems. (3) Device.--The term ``device'' has the same meaning given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (4) Drug.--The term ``drug'' has the same meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (5) Food.--The term ``food'' has the same meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)). (6) Health care practitioner.--The term ``health care practitioner'' means any properly licensed medical doctor, osteopath, chiropractor, or naturopath. (7) Label.--The term ``label'' has the same meaning given such term in section 201(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)). (8) Legal representative.--The term ``legal representative'' means a parent or an individual who qualifies as a legal guardian under State law. (9) Treatment.--The term ``treatment'' means the use of any food, drug, device, or procedure. SEC. 3. ACCESS TO MEDICAL TREATMENT. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsection (b), an individual shall be permitted to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if-- (1) such practitioner agrees to treat such individual; and (2) the administration of such treatment falls within the scope of the practice of such practitioner. (b) Treatment Requirements.--A health care practitioner may provide any method of treatment to an individual described in subsection (a) if-- (1) there is no evidence that such treatment itself, when taken as prescribed, is a danger to such individual; (2) in the case of an individual whose treatment is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration-- (A) such individual has been informed that such food, drug, or device has not yet been approved or certified by the Food and Drug Administration for use of the medical condition of such individual; and (B) such food, drug, or device (or information accompanying the administration of such food, drug, or device) contains the following warning: ``WARNING: This food, drug, or device has not been proved safe and effective by the Federal Government and any individual who uses such food, drug, or device, does so at his or her own risk.''; (3) such individual has been informed of the nature of the treatment, including-- (A) the contents of such treatment; (B) any reasonably foreseeable side effects that may result from such treatment; and (C) the results of past applications of such treatment by the health care practitioner and others; (4) except as provided in subsection (c), there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) such individual-- (A) has been provided a written statement that such individual has been fully informed with respect to the information described in paragraphs (1) through (4); (B) desires such treatment; and (C) signs such statement. (c) Claim Exceptions.--Subsection (b)(4) shall not apply to an accurate and truthful reporting by a practitioner of the results of the practitioner's administration of a treatment in recognized journals or at seminars, conventions, or similar meetings, if the only financial gain of such practitioner with respect to such treatment is the payment received from an individual or representative of such individual for the administration of such treatment to such individual. SEC. 4. REPORTING OF A DANGEROUS TREATMENT. If a practitioner, after administering such treatment, discovers that the treatment itself (when taken as prescribed) was a danger to the individual receiving the treatment, the practitioner shall immediately report to the Secretary of Health and Human Services the nature of the treatment, the results of such treatment, the complete protocol of such treatment, and the source from which such treatment or any part thereof was obtained. SEC. 5. TRANSPORTATION OF MEDICATION AND EQUIPMENT. Notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), a person may introduce or deliver into interstate commerce medication or equipment for use in accordance with this Act. SEC. 6. RESTRICTIONS ON LICENSING BOARDS. A licensing board that issues licenses to health care practitioners may not deny, suspend, or revoke the license of a health care practitioner solely because such practitioner provides treatment to which section 3 applies. SEC. 7. PENALTY. A health care practitioner who violates any provisions under this Act shall not be covered by the protections under this Act and shall be subject to all other applicable laws and regulations.

Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment falls within the practitioner's scope of practice. Authorizes health care practitioners to provide any method of treatment to such an individual if: (1) there is no evidence that the treatment is a danger to the individual; (2) in the case of treatment that is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect; (3) the individual has been informed of the nature of the treatment; (4) there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) the individual desires such treatment and has been provided and has signed a written statement that such individual has been fully informed with respect to such information. Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services. Authorizes the introduction or delivery into interstate commerce of medication or equipment for use in accordance with this Act. Prohibits a licensing board from denying, suspending, or revoking the license of a health care practitioner solely because such practitioner provides treatment described by this Act.

Access to Medical Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carlsbad Irrigation Project Acquired Land Transfer Act''. SEC. 2. CONVEYANCE. (a) Lands and Facilities.-- (1) In general.--Except as provided in paragraph (2), and subject subsection (c), the Secretary of the Interior (in this Act referred to as the ``Secretary'') may convey to the Carlsbad Irrigation District (a quasi-municipal corporation formed under the laws of the State of New Mexico and in this Act referred to as the ``District''), all right, title, and interest of the United States in and to the lands described in subsection (b) (in this Act referred to as the ``acquired lands'') and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related lands including ditch rider houses, maintenance shop and buildings, and Pecos River Flume. (2) Limitations.-- (A) Retained surface rights.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such acquired lands which are located under the footprint of Brantley and Avalon dams or any other project dam or reservoir diversion structure. (B) Storage and flow easements.--The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (b) Acquired Lands Described.--The lands referred to in subsection (a) are those lands (including the surface and mineral estate) in Eddy County, New Mexico, described as the acquired lands in section (7) of the ``Status of Lands and Title Report: Carlsbad Project'' as reported by the Bureau of Reclamation in 1978 . (c) Terms and Conditions of Conveyance.--Any conveyance of the acquired lands under this Act shall be subject to the following terms and conditions: (1) Management and use, generally.--The conveyed lands shall continue to be managed and used by the District for the purposes for which the Carlsbad Project was authorized, consistent with the management of other adjacent project lands. (2) Assumed rights and obligations.--Except as provided in paragraph (3), the District shall assume all rights and obligations of the United States under-- (A) the agreement dated July 28, 1994, between the United States and the Director, New Mexico Department of Game and Fish (Document No. 2-LM-40-00640), relating to management of certain lands near Brantley Reservoir for fish and wildlife purposes; and (B) the agreement dated March 9, 1977, between the United States and the New Mexico Department of Energy, Minerals, and Natural Resources (Contract No. 7-07-57- X0888) for the management and operation of Brantley Lake State Park. (3) Exceptions.--In relation to agreements referred to in paragraph (2)-- (A) the District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement; and (B) the District shall not be entitled to any receipts or revenues generated as a result of either agreement. (d) Completion of Conveyance.-- (1) Sense of the congress.--It is the sense of the Congress that the Secretary should complete the conveyance authorized by this Act, including such action as may be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), within the 9-month period beginning on the date of enactment of this Act. (2) Report.--If the Secretary does not complete the conveyance within the period referred to in paragraph (1), the Secretary shall submit a report to the Congress within 30 days after that period that includes a detailed explanation of problems that have been encountered in completing of the conveyance, and specific steps that the Secretary has taken or will take to complete the conveyance. SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Identification and Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) provide to the District a written identification of all mineral and grazing leases in effect on the acquired lands on the date of enactment of this Act; and (2) notify all leaseholders of the conveyance authorized by this Act. (b) Management of Mineral and Grazing Leases, Licenses, and Permits.--The District shall assume all rights and obligations of the United States for all mineral and grazing leases, licenses, and permits existing on the acquired lands conveyed under section 2, and shall be entitled to any receipts from such leases, licenses, and permits accruing after the date of conveyance. All such receipts shall be used for purposes for which the project was authorized. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Carlsbad Project. (c) Availability of Amounts Paid Into Reclamation Fund.-- (1) Existing receipts.--Receipts in the reclamation fund on the date of enactment of this Act which exist as construction credits to the Carlsbad Project under the terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be made available to the District as credits toward its ongoing operation and maintenance obligation to the United States until such credits are depleted. (2) Receipts after enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on acquired lands to be conveyed under section 2, that are received by the United States after the date of enactment and before the date of conveyance-- (A) not to exceed $200,000 shall be available to the Secretary for the actual costs of implementing this Act; and (B) the remainder shall be deposited into the reclamation fund and shall be made available to the District as credits toward its ongoing operation and maintenance obligation to the United States until such credits are depleted. SEC. 4. WATER CONSERVATION PRACTICES. (a) In General.--Subject to subsection (b), the Secretary, in cooperation with the District, may expend not to exceed $100,000 annually, from amounts appropriated for operation and maintenance within the Bureau of Reclamation, for the purposes of implementing water conservation practices at the Carlsbad Project, including, but not limited to, phreatophyte control. (b) Matching Funds.--As a condition of any expenditure under subsection (a), the Secretary shall require that the District provide matching funds in direct proportion to the amount of project lands held by the District in relation to withdrawn or other project lands held by the United States. (c) Voluntary Water Conservation Practices.--Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. (d) Liability.--Effective on the date of conveyance of any lands authorized by this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors, prior to conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that provided under chapter 171 of title 28, United States Code, popularly known as the Federal Tort Claims Act.

Carlsbad Irrigation Project Acquired Land Transfer Act - Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified real property within the Carlsbad Project in New Mexico and all U.S. interests in the irrigation and drainage system of the Project and all related lands, including ditch rider houses, the maintenance shop and buildings, and the Pecos River Flume. Requires the conveyed lands to continue to be managed and used for the purposes for which the project was authorized. Expresses the sense of the Congress that the Secretary should complete such conveyance within nine months after the enactment of this Act. Requires a report from the Secretary to the Congress if the conveyance is not completed in such time. Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Provides that the District shall assume all U.S. rights and obligations for all mineral and grazing leases, licenses, and permits existing on the conveyed lands and shall be entitled to any associated receipts. Requires receipts paid into the reclamation fund as credits to the Carlsbad Project to be made available to the District for Project purposes. Authorizes the Secretary to expend a specified amount annually from Bureau of Reclamation operation and maintenance funds to implement water conservation practices at the Project. Requires the District to provide matching funds. Indemnifies the United States from damages arising out of any act or omission related to the conveyed property (with an exception for negligence).

Carlsbad Irrigation Project Acquired Land Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Protection Act of 2008''. SEC. 2. WAIVER OF COUNSELING REQUIREMENT WHEN HOUSES ARE IN FORECLOSURE. Section 109(h) of title 11, United States Code, is amended by adding at the end the following: ``(5) The requirements of paragraph (1) shall not apply in a case under chapter 13 with respect to a debtor who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.''. SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322(b) of title 11, United States Code, is amended-- (1) by redesignating paragraph (11) as paragraph (12), (2) in paragraph (10) by striking ``and'' at the end, and (3) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a debt for a loan secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced, modify the rights of the holder of such claim-- ``(A) by reducing such claim to equal the value of the interest of the debtor in such residence securing such claim; ``(B) by waiving any otherwise applicable early repayment or prepayment penalties; ``(C) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; and ``(D) by modifying the terms and conditions of such loan-- ``(i) to extend the repayment period for a period that is the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and ``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at an annual percentage rate calculated at a fixed annual percentage rate, in an amount equal to the then most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and''. SEC. 4. COMBATING EXCESSIVE FEES. Section 1322(c) of title 11, the United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: ``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor's principal residence except to the extent that-- ``(A) the holder of the claim for such debt files with the court notice of such fee, cost, or charge before the earlier of-- ``(i) 1 year after such fee, cost, or charge is incurred; or ``(ii) 60 days before the closing of the case; and ``(B) such fee, cost, or charge-- ``(i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and ``(ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''. SEC. 5. CONFIRMATION OF PLAN. Section 1325(a) of title 11, the United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end, (2) in paragraph (9) by striking the period at the end and inserting a semicolon, and (3) by inserting after paragraph (9) the following: ``(10) notwithstanding subclause (I) of paragraph (5)(B)(i), the plan provides that the holder of a claim whose rights are modified pursuant to section 1322(b)(11) retain the lien until the later of-- ``(A) the payment of such claim as reduced and modified; or ``(B) discharge under section 1328; and ``(11) the plan modifies a claim in accordance with section 1322(b)(11), and the court finds that such modification is in good faith.''. SEC. 6. DISCHARGE. Section 1328 of title 11, the United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11)'' after ``paid'' the 1st place it appears, and (B) in paragraph (1) by inserting ``or, to the extent of the unpaid portion of the claim as reduced, provided for in section 1322(b)(11)'' after ``1322(b)(5)'', and (2) in subsection (c)(1) by inserting ``or, to the extent of the unpaid portion of the claim as reduced, provided for in section 1322(b)(11)'' after ``1322(b)(5)''. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.

Homeowners' Protection Act of 2008 - Amends the federal bankruptcy code to eliminate the pre-petition credit counseling requirement for a debtor under chapter 13 (Adjustment of Debts of an Individual with Regular Income) who is facing foreclosure, if the debtor submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence foreclosure. Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period. Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith. Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.

To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes.

OF IDENTITY THEFT DISPUTES. The Commission shall require entities that receive disputes regarding the unauthorized use of accounts of such entities from consumers that have reason to believe that they are victims of identity theft to conduct any necessary investigation and decide an outcome of a claim within 90 days from the date on which all necessary information to investigate the claim has been submitted to the entity. SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE. The Commission shall utilize the Identity Theft Clearinghouse to permit consumers that have a reasonable belief that they are victims of identity theft to submit any information relevant to such identity theft to the Clearinghouse (including by means of an Identity Theft Affidavit), so that such information may be transmitted by the Clearinghouse to appropriate entities for necessary protective action and to mitigate losses resulting from such identity theft. SEC. 205. IMPROVED IDENTITY THEFT DATA. (a) In General.--The Commission shall-- (1) establish a process to contact, not less than annually, public and private entities that receive and process complaints from consumers that have a reasonable belief that they are victims of identity theft; and (2) obtain accurate data on the incidences and nature of complaints from such entities. (b) Inclusion in Database.--Such information shall be made part of the Commission's Identity Theft Clearinghouse database. SEC. 206. CHANGE OF ADDRESS PROTECTIONS. The Commission shall require appropriate entities to take reasonable steps to verify the accuracy of a consumer's address, including by confirming a consumer's change of address by sending a confirmation of such change to the old and the new address of the consumer. SEC. 207. EFFECTIVE DATE. This title shall take effect 180 days after the date of enactment of this Act. TITLE III--INTERNATIONAL PROVISIONS SEC. 301. STUDY BY COMPTROLLER GENERAL. The Comptroller General of the United States shall conduct a study and issue a report analyzing the impact on the interstate and foreign commerce of the United States of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, including regional or international agreements between nations, and whether the enforcement mechanisms or procedures of those laws, regulations, or agreements result in discriminatory treatment of United States entities. The first report under this section shall be issued not later than 120 days after the date of enactment of this Act and subsequent reports shall be issued every 3 years thereafter. SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF COMMERCE. If the Comptroller General of the United States finds, in the study and report under section 301, that such information privacy laws, regulations, or agreements substantially impede interstate and foreign commerce of the United States and that the enforcement mechanisms or procedures of the information privacy laws, regulations, or agreements described in such subsection result in discriminatory treatment of United States entities, the Secretary of Commerce shall, to the extent permitted by law take all steps necessary to mitigate against such discriminatory impact within 180 days after the report making such findings is issued. SEC. 303. EFFECT OF NONREMEDIATION. (a) Recommendations.--If by the end of the 180-day period described in section 302, the Secretary of Commerce has not attained complete relief from the discriminatory impact described in such subsection, the Secretary shall report to the Congress and the President recommendations on action to relieve any such remaining discriminatory impact. (b) Federal Agency Action After Consideration by Congress.--During the period after the Secretary reports recommendations under subsection (a) for mitigation of discriminatory impact and before the Congress acts with respect to such recommendations, no officer or employee of any Federal agency may take or continue any action to enjoin, or impose any penalty on, a United States entity, or a citizen or legal resident of the United States, for the purpose of fulfilling an international obligation of the United States under an international privacy agreement (other than such an obligation under a ratified treaty) that resulted in such discriminatory impact. SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND AGREEMENTS. Beginning on the date of enactment of this Act, the Secretary of Commerce shall provide notice of the provisions of this Act to other nations, individually, or as members of international organizations or unions that have enacted, promulgated, or adopted information privacy laws, regulations, or agreements, and shall seek recognition of this Act by such nations, organizations, or unions. The Secretary shall seek the harmonization of this Act with such information privacy laws, regulations, or agreements, to the extent such harmonization is necessary for the advancement of transnational commerce, including electronic commerce.

Consumer Privacy Protection Act of 2003 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change. Requires such organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information. Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Prescribes requirements for opportunities an organization may give consumers to limit other information practices of the organization. Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information. Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved five-year self-regulatory program. Prescribes requirements for a self-regulatory consumer dispute resolution process. Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers. Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact. Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce.

To protect and enhance consumer privacy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Albuquerque Indian School Land Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) 19 pueblos.--The term ``19 Pueblos'' means the New Mexico Indian Pueblos of-- (A) Acoma; (B) Cochiti; (C) Isleta; (D) Jemez; (E) Laguna; (F) Nambe; (G) Ohkay Owingeh (San Juan); (H) Picuris; (I) Pojoaque; (J) San Felipe; (K) San Ildefonso; (L) Sandia; (M) Santa Ana; (N) Santa Clara; (O) Santo Domingo; (P) Taos; (Q) Tesuque; (R) Zia; and (S) Zuni. (2) Map.--The term ``map'' means the map entitled ``The Town of Albuquerque Grant, Bernalillo County, within Township 10 North, Range 3 East, of the New Mexico Principal Meridian, New Mexico--Metes and Bounds Survey'' and dated August 12, 2011. (3) Secretary.--The term ``Secretary'' means Secretary of the Interior. SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS. (a) Action by Secretary.-- (1) In general.--The Secretary shall take into trust all right, title, and interest of the United States in and to the Federal land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary determines that the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been satisfied regarding the trust acquisition of the Federal land. (2) Administration.--The Secretary shall-- (A) take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); and (B) appropriately assign each applicable private and municipal utility and service right or agreement. (b) Description of Land.--The Federal land referred to in subsection (a)(1) is the 4 tracts of Federal land, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows: (1) Abandoned indian school road.--The approximately 0.83 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (2) Southern part tract d.--The approximately 6.18 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (3) Tract 1.--The approximately 0.41 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (4) Western part tract b.--The approximately 3.69 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (c) Survey.--The Secretary shall conduct a survey of the Federal land to be transferred consistent with subsection (b) and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors. (d) Use of Land.--The Federal land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos. (e) Limitations and Conditions.--The Federal land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act. (f) Bureau of Indian Affairs Use.-- (1) In general.--The 19 Pueblos shall allow the Bureau of Indian Affairs to continue to use the land taken into trust under subsection (a) for the facilities and purposes as in existence on the date of enactment of this Act, in accordance with paragraph (2). (2) Requirements.--The use by the Bureau of Indian Affairs under paragraph (1) shall-- (A) be free of any rental charge; and (B) continue until such time as the Secretary determines there is no further need for the existing Bureau of Indian Affairs facilities. SEC. 4. EFFECT OF OTHER LAWS. (a) In General.--Subject to subsection (b), Federal land taken into trust under section 3(a) shall be subject to Federal laws relating to Indian land. (b) Gaming.--No class I gaming, class II gaming, or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) shall be carried out on the Federal land taken into trust under section 3(a).

. Albuquerque Indian School Land Transfer Act (Sec. 3) Directs the Department of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 have been satisfied regarding the trust acquisition of such federal land. Requires the federal lands taken into trust to: be used for the educational, health, cultural, business, and economic development of the 19 pueblos; and remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs to continue to use the federal lands taken into trust for the facilities and purposes in existence on this Act's enactment date. (Sec. 4) Prohibits gaming on the federal lands taken into trust under this Act.

Albuquerque Indian School Land Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Theodore Roosevelt, one of America's greatest presidents, was born on October 27, 1858, in New York City, New York. (2) At the young age of 23, Theodore Roosevelt was elected to the first of 3 terms as a representative in the New York State Assembly (1882-1884). (3) From 1895-1897, Theodore Roosevelt served as Commissioner of the New York City Police Department. (4) While serving as Assistant Secretary of the Navy under President William McKinley (1897-1898), Theodore Roosevelt organized the First United States Volunteer Cavalry Regiment, popularly known as the ``Rough Riders'', and then served as Colonel of this regiment during the Spanish-American War. (5) From 1898-1900, Theodore Roosevelt served as Governor of New York. (6) In 1900, with the election of President McKinley, Theodore Roosevelt was elected as the 25th Vice-President of the United States. (7) Becoming the 26th President of the United States the following year, Theodore Roosevelt took a very active role in foreign affairs, establishing the United States as a new world power, and instituted broad reforms, at home, particularly with respect to labor, monopolies, and conservation, until the end of his presidency in 1909. (8) On January 16, 2001, Theodore Roosevelt was posthumously awarded the Congressional Medal of Honor for leading a charge up the San Juan Heights in Cuba during the Spanish-American War, shortly before the war ended, thereby becoming the first President of the United States to be awarded the Congressional Medal of Honor. (9) 2006 will mark the 100th anniversary of Theodore Roosevelt receiving the Nobel Peace Prize, the first citizen of the United States to receive such prize, for drawing up the 1905 peace treaty ending the Russo-Japanese War. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) 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. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall-- (A) be emblematic of the life and legacy of President Theodore Roosevelt; and (B) use the designs of James Earle Fraser or Augustus Saint-Gaudens, 2 sculptors most closely associated with the revitalization of the United States coinage, commonly referred to as the ``Golden Age of American Coin Design'', that was initiated by President Theodore Roosevelt. (2) Obverse.--The obverse of the coins minted under this Act shall bear the image of Theodore Roosevelt as a Rough Rider that was used on the James Earle Fraser medal of 1920. (3) Reverse.--The reverse of the coins minted under this Act shall bear the eagle design, with motto, from the $20 gold ``double eagle'' coin produced between 1907 and 1933 and designed by Augustus Saint-Gaudens. (4) 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 ``2006''; 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 selected by the Secretary after consultation with the Commission of Fine Arts. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, operated by the National Park Service, including for the construction and maintenance of a visitor's center. (c) Audits.--The Theodore Roosevelt Association shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins and 500,000 $1 coins emblematic of the life and legacy of President Theodore Roosevelt. Requires the coins to be issued in 2006 to mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize. Requires surcharges from the sale of the coins to be paid to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center.

To require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Test Site Veterans' Compensation Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The contribution of the State of Nevada to the security of the United States throughout the Cold War and since has been unparalleled. (2) In 1950, President Harry S Truman designated what would later be called the Nevada Test Site as the country's nuclear proving grounds and, a month later, the first atmospheric test at the Nevada Test Site was detonated. (3) The United States conducted 100 above-ground and 828 underground nuclear tests at the Nevada Test Site from 1951 to 1992. (4) Out of the 1,054 nuclear tests conducted in the United States, 928, or 88 percent, were conducted at the Nevada Test Site. (5) The Nevada Test Site has served, and continues to serve, as the premier research, testing, and development site for the nuclear defense capabilities of the United States. (6) The Nevada Test Site and its workers are an essential and irreplaceable part of the Nation's defense capabilities. (7) Individuals working on Cold War-era nuclear weapons programs were employed in facilities owned by the Federal Government and the private sector producing and testing nuclear weapons and engaging in related atomic energy defense activities for the national defense beginning in the 1940s. (8) These Cold War atomic energy veterans helped to build and test the nuclear arsenal that served as a deterrent during the Cold War, sacrificing their personal health and well-being in service to the United States. (9) During the Cold War, many of these workers were exposed to radiation, beryllium, and silica, and were placed in harm's way by the Department of Energy and contractors, subcontractors, and vendors of the Department without the workers' knowledge or consent, without adequate radiation monitoring, and without necessary protections from internal or external occupational radiation exposure. (10) The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section referred to as ``EEOICPA'') was enacted to ensure fairness and equity for the men and women who, during the past 60 years, performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy, its predecessor agencies, and its contractors by establishing a program that would provide timely, uniform, and adequate compensation for beryllium- and radiation-related health conditions. (11) Research by the Department of Energy, the National Institute for Occupational Safety and Health (NIOSH), NIOSH contractors, the President's Advisory Board on Radiation and Worker Health, and congressional committees indicates that at certain nuclear weapons facilities-- (A) workers were not adequately monitored for internal or external exposure to ionizing radiation; and (B) records were not maintained, are not reliable, are incomplete, or fail to indicate the radioactive isotopes to which workers were exposed. (12) Due to the inequities posed by the factors described above and the resulting harm to the workers, Congress designated classes of atomic weapons employees at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, Tennessee, and the Amchitka Island, Alaska, sites as members of the Special Exposure Cohort under EEOICPA. (13) It has become evident that it is not feasible to estimate with sufficient accuracy in a timely manner the radiation dose received by employees at the Department of Energy facility at the Nevada Test Site for many reasons, including the following: (A) The NIOSH Technical Basis Document, the threshold document for radiation dose reconstruction under EEOICPA, has incomplete radionuclide lists. (B) NIOSH has not demonstrated that it can estimate dose from exposure to large, nonrespirable hot particles. (C) There are significant gaps in environmental measurement and exposure data. (D) Resuspension doses have been seriously underestimated. (E) NIOSH has not been able to estimate accurately exposures to bomb assembly workers and radon levels. (F) NIOSH has not demonstrated that it can accurately sample tritiated water vapor. (G) External dose records lack integrity. (H) There are no beta dose data from before 1966. (I) There are no neutron dose data from before 1966 and only partial data after such date. (J) There are no internal dose data from before late 1955 or 1956, and limited data until well into the 1960s. (K) NIOSH has ignored exposure from more than a dozen underground tests that vented, including Blanca, Des Moines, Baneberry, Camphor, Diagonal Line, Riola, Agrini, Midas Myth, Misty Rain, and Mighty Oak. (L) Instead of monitoring individuals, groups were monitored, resulting in unreliable personnel monitoring. (14) Some Nevada Test Site workers, despite having worked with significant amounts of radioactive materials and having known exposures leading to serious health effects, have been denied compensation under EEOICPA as a result of flawed calculations based on records that are incomplete or in error, or based on faulty assumptions and incorrect models. (15) Although basal cell carcinoma and chronic lymphocytic leukemia are both radiogenic cancers that employees at the Nevada Test Site may have contracted in the scope of their work, EEOICPA currently will not include individuals with basal cell carcinoma as members of the Special Exposure Cohort, nor does it provide for compensation for employees with chronic lymphocytic leukemia. SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. (a) In General.--Section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended-- (1) in paragraph (9), by adding at the end the following new subparagraph: ``(C) An individual described in paragraph (14)(D).''; and (2) in paragraph (14), by adding at the end the following new subparagraph: ``(D) The employee was so employed at the Nevada Test Site or other similar sites located in Nevada during the period beginning on January 1, 1950, and ending on December 31, 1993, and contracted an occupational illness, basal cell carcinoma, or chronic lymphocytic leukemia, and, during such employment-- ``(i) was present during an atmospheric or underground nuclear test or performed drillbacks, tunnel re-entry, or clean-up work following such a test (without regard to the duration of employment); ``(ii) was present at an event involving the venting of an underground test or during a planned or unplanned radiation release (without regard to the duration of employment); ``(iii) was present during testing or post- test activities related to nuclear rocket or ramjet engine testing at the Nevada Test Site (without regard to the duration of employment); ``(iv) was assigned to work at Area 51 or other classified program areas of the Nevada Test Site (without regard to the duration of employment); or ``(v) was employed at the Nevada Test Site, and was employed in a job activity that-- ``(I) was monitored for exposure to ionizing radiation; or ``(II) was comparable to a job that is, was, or should have been monitored for exposure to ionizing radiation at the Nevada Test Site.''. (b) Deadline for Claims Adjudication.--Claims for compensation under section 3621(14)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as added by subsection (a), shall be adjudicated and a final decision issued-- (1) in the case of claims pending as of the date of the enactment of this Act, not later than 30 days after such date; and (2) in the case of claims filed after the date of the enactment of this Act, not later than 30 days after the date of such filing.

Nevada Test Site Veterans' Compensation Act of 2007 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within the definition of a "member of the Special Exposure Cohort" under the Energy Employees Occupational Illness Compensation Program a Department of Energy (DOE) employee, contractor employee, or atomic weapons employee who was so employed at the Nevada Test Site or other similar sites located in Nevada during the period of January 1, 1950, to December 31, 1993, who contracted an occupational illness, basal cell carcinoma, or chronic lymphocytic leukemia, and who met one of other specified criteria during such employment. Establishes deadlines for claims adjudication.

A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide for certain nuclear weapons program workers to be included in the Special Exposure Cohort under the compensation program established by that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children of Fallen Heroes Scholarship Act''. SEC. 2. CALCULATION OF ELIGIBILITY. Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 1087mm(b)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2015-2016 (in the case of a student who meets the requirement of subparagraph (B)(ii)),'' after ``academic year 2009-2010''; and (B) by amending subparagraph (B) to read as follows: ``(B) whose parent or guardian was-- ``(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or ``(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and''; (2) in paragraph (3)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(A) Armed forces.--Notwithstanding''; (B) by striking ``paragraph (2)'' and inserting ``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and (C) by adding at the end the following: ``(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial aid administrator shall-- ``(i) verify with the student that the student is eligible for the adjustment; ``(ii) adjust the expected family contribution in accordance with this subsection; and ``(iii) notify the Secretary of the adjustment and the student's eligibility for the adjustment.''; and (3) by adding at the end the following: ``(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officers' Benefits program under subpart 2 of part L of title I of such Act. ``(5) Definition of public safety officer.--For purposes of this subsection, the term `public safety officer' means-- ``(A) a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(B) a fire police officer, defined as an individual who-- ``(i) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; ``(ii) is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew; and ``(iii) provides scene security or directs traffic-- ``(I) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or ``(II) at a planned special event.''. SEC. 3. CALCULATION OF PELL GRANT AMOUNT. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``The Amount'' and inserting ``Subject to subparagraph (C), the amount''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of a student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of section 473(b)(2)-- ``(i) clause (ii) of subparagraph (A) of this paragraph shall be applied by substituting `from the amounts appropriated in the last enacted appropriation Act applicable to that award year, an amount equal to the amount of the increase calculated under paragraph (7)(B) for that year' for `the amount of the increase calculated under paragraph (7)(B) for that year'; and ``(ii) such student-- ``(I) shall be provided an amount under clause (i) of this subparagraph only to the extent that funds are specifically provided in advance in an appropriation Act to such students for that award year; and ``(II) shall not be eligible for the amounts made available pursuant to clauses (i) through (iii) of paragraph (7)(A).''. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on July 1, 2015. Passed the Senate May 10, 2016. Attest: JULIE E. ADAMS, Secretary.

. Children of Fallen Heroes Scholarship Act (Sec. 2) This bill amends the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death. (Sec. 4) It specifies procedures for determining the budgetary effects of this bill for compliance with the Statutory Pay-As-You-Go (PAYGO) Act of 2010.

Children of Fallen Heroes Scholarship Act

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Improvement Act Amendments of 2008''. SEC. 2. DEFINITIONS. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892) is amended by striking paragraphs (3), (4), and (5) and inserting the following: ``(3) Hydrographic data.--The term `hydrographic data' means information that-- ``(A) is acquired through-- ``(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying; ``(ii) geodetic, geospatial, or geomagnetic measurements; ``(iii) tide, water level, and current observations; or ``(iv) other methods; and ``(B) is used in providing hydrographic services. ``(4) Hydrographic services.--The term `hydrographic services' means-- ``(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data; ``(B) the development of nautical information systems; and ``(C) related activities. ``(5) Coast and geodetic survey act.--The term `Coast and Geodetic Survey Act' means the Act entitled `An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.).''. SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a) is amended-- (1) by striking ``the Act of 1947,'' in subsection (a) and inserting ``the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act,''; (2) by striking ``data;'' in subsection (a)(1) and inserting ``data and provide hydrographic services;'' and (3) by striking subsection (b) and inserting the following: ``(b) Authorities.--To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act, subject to the availability of appropriations, the Administrator-- ``(1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services; ``(2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency; and ``(3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources; ``(4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741)); ``(5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this Act; and ``(6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40, United States Code.''. SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL. Section 305(c)(1)(A) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended to read as follows: ``(A) The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in 1 or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended to read as follows: ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Administrator the following: ``(1) To carry out nautical mapping and charting functions under sections 304 and 305, except for conducting hydrographic surveys-- ``(A) $55,000,000 for fiscal year 2009; ``(B) $56,000,000 for fiscal year 2010; ``(C) $57,000,000 for fiscal year 2011; and ``(D) $58,000,000 for fiscal year 2012. ``(2) To contract for hydrographic surveys under section 304(b)(1), including the leasing or time chartering of vessels-- ``(A) $32,130,000 for fiscal year 2009; ``(B) $32,760,000 for fiscal year 2010; ``(C) $33,390,000 for fiscal year 2011; and ``(D) $34,020,000 for fiscal year 2012. ``(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration-- ``(A) $25,900,000 for fiscal year 2009; ``(B) $26,400,000 for fiscal year 2010; ``(C) $26,900,000 for fiscal year 2011; and ``(D) $27,400,000 for fiscal year 2012. ``(4) To carry out geodetic functions under this title-- ``(A) $32,640,000 for fiscal year 2009; ``(B) $33,280,000 for fiscal year 2010; ``(C) $33,920,000 for fiscal year 2011; and ``(D) $34,560,000 for fiscal year 2012. ``(5) To carry out tide and current measurement functions under this title-- ``(A) $27,000,000 for fiscal year 2009; ``(B) $27,500,000 for fiscal year 2010; ``(C) $28,000,000 for fiscal year 2011; and ``(D) $28,500,000 for fiscal year 2012. ``(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.''. SEC. 6. AUTHORIZED NOAA CORPS STRENGTH. Section 215 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended to read as follows: ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. ``Effective October 1, 2009, the total number of authorized commissioned officers on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration shall be increased from 321 to 379 if-- ``(1) the Secretary has submitted to the Congress-- ``(A) the Administration's ship recapitalization plan for fiscal years 2010 through 2024; ``(B) the Administration's aircraft remodernization plan; and ``(C) supporting workforce management plans; ``(2) appropriated funding is available; and ``(3) the Secretary has justified organizational needs for the commissioned corps for each such fiscal year.'' Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Hydrographic Services Improvement Act Amendments of 2008 - (Sec. 2) Amends the Hydrographic Services Improvement Act of 1998 to revise the definitions of: (1) "hydrographic data" to include lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations; and (2) "hydrographic services" to include references to shoreline and water level information. (Sec. 3) Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to promote safe, efficient, and environmentally sound marine transportation and to acquire and disseminate hydrographic data and provide hydrographic services. Revises the Administrator's authorities concerning the acquisition of hydrographic data and provision of hydrographic servicesincluding to permit: (1) support for the conservation and management of coastal and ocean resources; (2) saving and protecting life and property and supporting the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs; and (3) the creation and maintenance of joint centers with other federal agencies. (Sec. 4) Modifies membership provisions regarding the Hydrographic Services Review Panel. (Sec. 5) Authorizations appropriations: (1) through FY2012 for specified hydrographic services; and (2) to acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days. (Sec. 6) Amends the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 to increase by 58 the number authorized commissioned officers on the NOAA lineal list if: (1) the Secretary of Commerce has submitted to Congress plans for ship recapitalization, aircraft remodernization, and supporting workforce management plans; (2) appropriated funding is available; and (3) the Secretary has justified organizational needs.

A bill to reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Pet Owners Act of 2014''. SEC. 2. APPLICABILITY. This Act shall only apply to medication for a domesticated household animal that the Federal Government prevents consumers from purchasing without a prescription. SEC. 3. RULES ON VETERINARY PRESCRIPTIONS. Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements with regard to a veterinary prescription: (1) In general.--A requirement that the prescriber of an animal drug shall-- (A) whether or not requested by the pet owner, provide to the pet owner, before offering to fill or dispensing, a veterinary prescription, a copy of the veterinary prescription, including by electronic or other means; (B) provide a copy of the prescription by electronic or other means consistent with applicable State law, if requested by a pharmacy or any other person designated to act on behalf of the pet owner; and (C) upon request by a pharmacy or any other person designated to act on behalf of the pet owner, verify the prescription. (2) Purchase, payment, and waiver.--A requirement that the prescriber of an animal drug-- (A) may not-- (i) require purchase of the animal drug for which the veterinary prescription was written from the prescriber or from another person as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); (ii) require payment in addition to, or as part of, the fee for an examination and evaluation as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); or (iii) require the pet owner to sign a waiver or disclaim liability, or deliver to the pet owner a notice waiving or disclaiming liability of the prescriber for the accuracy of the veterinary prescription, as a condition of providing a copy of such prescription or verifying such prescription under paragraph (1); and (B) may require payment of fees for an examination and evaluation before providing a veterinary prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for an animal drug. SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of a rule prescribed pursuant to section 3 of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.-- (1) In general.--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 (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Privileges and immunities.--Any person who violates a rule prescribed pursuant to section 3 of this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). SEC. 5. DEFINITIONS. In this Act: (1) Animal drug.--The term ``animal drug'' means a drug intended to be administered to an animal that may not be dispensed without a prescription. (2) Domesticated household animal.--The term ``domesticated household animal'' means a companion animal permitted under applicable State and local law to be kept in a home for noncommercial purposes. (3) Pet owner.--The term ``pet owner'' means the legal owner of a domesticated household animal or a person designated by such owner to present such animal to the prescriber for care. (4) Prescriber.--The term ``prescriber'' means a health care practitioner who is licensed to practice veterinary medicine or other person permitted under State law to issue prescriptions for animal drugs. (5) Veterinary prescription.--The term ``veterinary prescription''-- (A) means a written, oral, or electronic order from a prescriber authorizing the dispensing of an animal drug for use by a domesticated household animal and normally administered to the animal by its owner, issued in accordance with State and Federal law; and (B) does not include an animal drug administered by the veterinarian in the course of providing acute care.

Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.

Fairness to Pet Owners Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kendell Frederick Citizenship Assistance Act''. SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC INFORMATION FOR MEMBERS OF THE UNITED STATES ARMED FORCES. (a) In General.--Notwithstanding any other provision of law, including section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act of 1974''), the Secretary of Homeland Security shall use the fingerprints provided by an individual at the time the individual enlisted in the United States Armed Forces, or at the time the individual filed an application for adjustment of status, to satisfy any requirement for background and security checks in connection with an application for naturalization if-- (1) the individual may be naturalized pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 1440); (2) the individual was fingerprinted and provided other biometric information in accordance with the requirements of the Department of Defense at the time the individual enlisted in the United States Armed Forces; (3) the individual-- (A) submitted an application for naturalization not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; or (B) provided the required biometric information to the Department of Homeland Security through a United States Citizenship and Immigration Services Application Support Center at the time of the individual's application for adjustment of status if filed not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; and (4) the Secretary of Homeland Security determines that the biometric information provided, including fingerprints, is sufficient to conduct the required background and security checks needed for the applicant's naturalization application. (b) More Timely and Effective Adjudication.--Nothing in this section precludes an individual described in subsection (a) from submitting a new set of biometric information, including fingerprints, to the Secretary of Homeland Security with an application for naturalization. If the Secretary determines that submitting a new set of biometric information, including fingerprints, would result in more timely and effective adjudication of the individual's naturalization application, the Secretary shall-- (1) inform the individual of such determination; and (2) provide the individual with a description of how to submit such biometric information, including fingerprints. (c) Cooperation.--The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall determine the format of biometric information, including fingerprints, acceptable for usage under subsection (a). The Secretary of Defense, or any other official having custody of the biometric information, including fingerprints, referred to in subsection (a), shall-- (1) make such prints available, without charge, to the Secretary of Homeland Security for the purpose described in subsection (a); and (2) otherwise cooperate with the Secretary of Homeland Security to facilitate the processing of applications for naturalization under subsection (a). (d) Electronic Transmission.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall, in coordination with the Secretary of Defense and the Director of the Federal Bureau of Investigation, implement procedures that will ensure the rapid electronic transmission of biometric information, including fingerprints, from existing repositories of such information needed for military personnel applying for naturalization as described in subsection (a) and that will safeguard privacy and civil liberties. (e) Centralization and Expedited Processing.-- (1) Centralization.--The Secretary of Homeland Security shall centralize the data processing of all applications for naturalization filed by members of the United States Armed Forces on active duty serving abroad. (2) Expedited processing.--The Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence shall take appropriate actions to ensure that applications for naturalization by members of the United States Armed Forces described in paragraph (1), and associated background checks, receive expedited processing and are adjudicated within 180 days of the receipt of responses to all background checks. SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION. (a) In General.--Not later than 30 days after the effective date of any modification to a regulation related to naturalization under section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 1440), the Secretary of Homeland Security shall make appropriate updates to the Internet sites maintained by the Secretary to reflect such modification. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Homeland Security, not later than 180 days after each effective date described in subsection (a), should make necessary updates to the appropriate application forms of the Department of Homeland Security. SEC. 4. REPORTS. (a) Adjudication Process.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees on the entire process for the adjudication of an application for naturalization filed pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 1440), including the process that-- (A) begins at the time the application is mailed to, or received by, the Secretary, regardless of whether the Secretary determines that such application is complete; and (B) ends on the date of the final disposition of such application. (2) Contents.--The report submitted under paragraph (1) shall include a description of-- (A) the methods used by the Secretary of Homeland Security and the Secretary of Defense to prepare, handle, and adjudicate such applications; (B) the effectiveness of the chain of authority, supervision, and training of employees of the Federal Government or of other entities, including contract employees, who have any role in such process or adjudication; and (C) the ability of the Secretary of Homeland Security and the Secretary of Defense to use technology to facilitate or accomplish any aspect of such process or adjudication and to safeguard privacy and civil liberties. (b) Implementation.-- (1) Study.--The Comptroller General of the United States and the Inspector General of the Department of Homeland Security shall conduct a study on the implementation of this Act by the Secretary of Homeland Security and the Secretary of Defense, including an assessment of any technology that may be used to improve the efficiency of the naturalization process for members of the United States Armed Forces and an assessment of the impact of this Act on privacy and civil liberties. (2) Report.--Not later than 180 days after the date on which the Secretary of Homeland Security submits the report required under subsection (a), the Comptroller General and the Inspector General shall submit a report to the appropriate congressional committees on the study required by paragraph (1) that includes recommendations for improving the implementation of this Act. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Homeland Security and Governmental Affairs of the Senate; (3) the Committee on the Judiciary of the Senate; (4) the Committee on Armed Services of the House of Representatives; (5) the Committee on Homeland Security of the House of Representatives; and (6) the Committee on the Judiciary of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Kendell Frederick Citizenship Assistance Act - (Sec. 2) Directs the Secretary of Homeland Security (Secretary) to use the fingerprints provided by an individual at the time of military enlistment or at the time of applying for (immigration) status adjustment to satisfy any naturalization background or security requirements if: (1) the individual may be naturalized under the Immigration and Nationality Act, was fingerprinted in accordance with Department of Defense (DOD) requirements, and submits a naturalization application within 24 months of enlistment or provides the required biometric information at the time of application for status adjustment if filed within 24 months after enlistment; and (2) the Secretary determines that the biometric information provided, including fingerprints, is sufficient to conduct the naturalization background and security checks. Directs the Secretary to: (1) determine the format for biometric information, including fingerprints; (2) implement procedures for electronic transmission of biometric information that will safeguard privacy and civil liberties; and (3) provide for centralization of naturalization applications of active duty personnel serving abroad and such applications' expedited processing. (Sec. 3) Directs the Secretary to update the appropriate Internet websites to reflect naturalization law changes. Expresses the sense of Congress that the Secretary should make necessary updates to Department of Homeland Security (DHS) application forms. (Sec. 4) Directs the Secretary to report to the appropriate congressional committees with respect to the adjudication of military service-related naturalization applications. Directs the Comptroller General to conduct a study and report to the appropriate congressional committees with respect to implementation of this Act by the Secretaries of Homeland Security and Defense.

A bill to assist members of the Armed Forces in obtaining United States citizenship, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2009''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL CARRIERS. (a) Mergers and Acquisitions.--The last undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended by inserting ``(excluding transactions involving a rail carrier as defined in section 10102 of title 49 of the United States Code)'' after ``Surface Transportation Board''. (b) Vesting of Authority in Antitrust Agencies.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by inserting ``(excluding a rail carrier as defined in section 10102 of such title)'' after ``Code''. (c) Injunctions.--The proviso in section 16 of the Clayton Act (15 U.S.C. 26) is amended by inserting ``, except against a rail carrier (as defined in section 10102 of such title)'' after ``Code''. (d) Federal Trade Commission Authority.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by adding at the end the following: ``For purposes of this paragraph with respect to unfair methods of competition, the term `common carriers' excludes a rail carrier as defined in section 10102 of title 49 of the United States Code.''. SEC. 3. TERMINATION OF ANTITRUST EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) beginning in the 3d sentence of paragraph (2)(A) by striking ``, and the Sherman Act (15 U.S.C. 1, et seq.),'' and all that follows through ``However, the'' and inserting ``. The'', (B) in paragraph (3)(B)-- (i) by striking ``(i)'', and (ii) by striking clause (ii), (C) in paragraph (4)-- (i) by striking the 2d sentence, and (ii) in the 3d sentence by striking ``However, the'' and inserting ``The'', and (D) 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'', (2) in subsection (d) by striking the last sentence, and (3) by striking subsection (e) and inserting the following: ``(e) Nothing in this section exempts an agreement approved, or submitted for approval, under subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). ``(f) In reviewing any agreement submitted for approval under subsection (a), the Board shall take into account, among any other considerations, the impact of such agreement on shippers, consumers, and affected communities. The Board shall make findings regarding such impact, which shall be-- ``(1) made part of the administrative record; ``(2) submitted to any other reviewing agency for consideration in making its determination; and ``(3) available in any judicial review of the Board's decision regarding such agreement.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' and inserting ``Subject to subsection (c), the authority'', and (B) in the 3d sentence by striking ``is exempt from the antitrust laws and from all other law,'' and inserting ``is exempt from all other law (except the laws referred to in subsection (c)),'', and (2) by adding at the end the following: ``(c) Nothing in this subchapter exempts a transaction described in subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). 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. ``(d) In reviewing any transaction described in subsection (a), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and affected communities.''. (c) Conforming Amendments.-- (1) Heading.--The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) Analysis of sections.--The analysis of sections of chapter 107 of such title is amended by striking the item relating to section 10706 and insert the following: ``10706. Rate agreements.''. SEC. 4. CLARIFICATIONS REGARDING APPLICABILITY OF REGULATORY DOCTRINES. (a) Filed Rate Doctrine.--The antitrust laws shall apply to a rail carrier (as defined in section 10102 of title 49 of the United States Code), without regard to whether such rail carrier filed a rate or whether a complaint challenging a rate is filed. (b) Doctrine of Primary Jurisdiction.--In any civil action under the antitrust laws against a rail carrier (as defined in section 10102 of title 49 of the United States Code), the district court shall retain the discretion to defer to the jurisdiction of the Surface Transportation Board. (c) Definition.--For purposes of subsections (a) and (b), the term ``antitrust laws'' has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Limitation.--No civil action under the antitrust laws may be filed with respect to any conduct or activity, including any agreement or provision thereof, that-- (1) concluded or terminated before the expiration of the 180-day period beginning on the date of the enactment of this Act, and (2) was exempted by statute from the antitrust laws as the result of an order of the Interstate Commerce Commission or the Surface Transportation Board issued before the date of the enactment of this Act. (c) Exclusion.--No civil action under the antitrust laws may be filed for the purpose of dissolving or otherwise undoing any merger, acquisition, or transfer of control consummated before the date of the enactment of this Act that was exempted by statute from the antitrust laws as the result of an order described in subsection (b)(2). (d) Definition.--For purposes of subsections (b) and (c), the term ``antitrust laws'' has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition.

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes: (1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and (2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition. Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements. Requires the STB, when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record. Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB. Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment.

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 ``Truth in Regulating Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) increase the transparency of important regulatory decisions; (2) promote effective congressional oversight to ensure that agency rules fulfill statutory requirements in an efficient, effective, and fair manner; and (3) increase the accountability of Congress and the agencies to the people they serve. SEC. 3. DEFINITIONS. In this Act, the term-- (1) ``agency'' has the meaning given such term under section 3502(1) of title 44, United States Code, except that such term shall not include an independent regulatory agency, as that term is defined in section 3502(5) of such title; (2) ``economically significant rule'' means any proposed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities, or for which an agency has prepared an initial or final regulatory flexibility analysis pursuant to section 603 or 604 of title 5, United States Code; and (3) ``independent evaluation'' means a substantive evaluation of the agency's data, methodology, and assumptions used in developing the economically significant rule, including-- (A) an explanation of how any strengths or weaknesses in those data, methodology, and assumptions support or detract from conclusions reached by the agency; and (B) the implications, if any, of those strengths or weaknesses for the rulemaking. SEC. 4. PILOT PROJECT FOR REPORT ON RULES. (a) In General.-- (1) Request for review.--When an agency publishes an economically significant rule, a chairman or ranking member of a committee of jurisdiction of either House of Congress may request the Comptroller General of the United States to review the rule. (2) Report.--The Comptroller General shall submit a report on each economically significant rule selected under paragraph (4) to the committees of jurisdiction in each House of Congress not later than 180 calendar days after a committee request is received, or in the case of a committee request for review of a notice of proposed rulemaking or an interim final rulemaking, by the end of the period for submission of comment regarding the rulemaking, if practicable. The report shall include an independent evaluation of the economically significant rule by the Comptroller General. (3) Independent evaluation.--The independent evaluation of the economically significant rule by the Comptroller General under paragraph (2) shall include-- (A) an evaluation of an agency's analysis of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to receive the benefits; (B) an evaluation of an agency's analysis of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to bear the costs; (C) an evaluation of an agency's analysis of alternative approaches set forth in the notice of proposed rulemaking and in the rulemaking record, as well as of any regulatory impact analysis, federalism assessment, or other analysis or assessment prepared by the agency or required for the economically significant rule; and (D) a summary of the results of the evaluation of the Comptroller General and the implications of those results. (4) Procedures for priorities of requests.--The Comptroller General shall have discretion to develop procedures for determining the priority and number of requests for review under paragraph (1) for which a report will be submitted under paragraph (2). (b) Authority of Comptroller General.--Each agency shall promptly cooperate with the Comptroller General in carrying out this Act. Nothing in this Act is intended to expand or limit the authority of the General Accounting Office. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out this Act $5,200,000 for each of fiscal years 2001 through 2003. SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT. (a) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act. (b) Duration of Pilot Project.--The pilot project under this Act shall continue for a period of 3 years, if in each fiscal year, or portion thereof included in that period, a specific annual appropriation not less than $5,200,000 or the pro-rated equivalent thereof shall have been made for the pilot project. (c) Report.--Before the conclusion of the 3-year period, the Comptroller General shall submit to Congress a report reviewing the effectiveness of the pilot project and recommending whether or not Congress should permanently authorize the pilot project. Passed the House of Representatives July 25, 2000. Attest: JEFF TRANDAHL, Clerk.

Authorizes appropriations for FY 2001 through 2003. Provides for the pilot project established under this Act to continue for a three-year period, if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently.

Truth in Regulating Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Savings Act of 2003''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by inserting after section 1860D-11 the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2006), in addition to any plans offered under section 1860D-11, the Secretary shall offer a medicare operated prescription drug plan (as defined in subsection (c)) with a service area that consists of the entire United States and shall enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs for eligible part D individuals in accordance with subsection (b). ``(b) Negotiations.--Notwithstanding section 1860D-11(i), for purposes of offering a medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(c) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `medicare operated prescription drug plan' means a prescription drug plan that only offers the standard prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A) and does not include any supplemental prescription drug coverage. ``(d) Monthly Beneficiary Premium.--The monthly beneficiary premium to be charged under a medicare operated prescription drug plan shall be uniform nationally and shall be determined by the Secretary related to the Secretary's estimate of the average monthly per capita actuarial cost, including administrative expenses, under the medicare operated prescription drug plan of providing coverage in the region, as calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services. In calculating such administrative expenses, the Chief Actuary shall use a factor that is based on similar expenses of prescription drug plans that are not medicare operated prescription drug plans.''. (b) Conforming Amendments.-- (1) Section 1860D-3(a) of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--A medicare operated prescription drug plan (as defined in section 1860D-11A(c)) shall be offered nationally in accordance with section 1860D- 11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), a medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (2) Section 1860D-13(c)(3) of such Act, as added by such section, is amended-- (A) in the heading, by inserting ``and medicare operated prescription drug plans'' after ``Fallback plans''; and (B) by inserting ``or a medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (3) Section 1860D-16(b)(1) of such Act, as added by such section, is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and ``(E) payments for expenses incurred with respect to the operation of medicare operated prescription drug plans under section 1860D-11A.''. (4) Section 1860D-41(a) of such Act, as added by such section, is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(c).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

Medicare Prescription Drug Savings Act of 2003 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services, for each year beginning with 2006, to: (1) offer a Medicare operated prescription drug plan nationally that only offers standard prescription drug coverage and access to negotiated prices, but not any supplemental prescription drug coverage; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally and determined by the Secretary.

A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Marihuana And Regulatory Tolerance Enforcement Act''. SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN CERTAIN STATES. (a) In General.--Part E of the Controlled Substances Act (21 U.S.C. 871 et seq.) is amended by adding at the end the following: ``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES. ``(a) In General.--For the period described in subsection (b), this title shall not apply with respect to the production, manufacture, distribution, prescribing, dispensing, possession, and use of marihuana in a State if each of the following conditions is met: ``(1) The State submits a request to the Attorney General certifying that the State has legalized marihuana for recreational or medical use. ``(2) The request includes a certification that the State has, or will have, in effect a statewide regulatory regime for marihuana that is sufficient to protect Federal interests, including each of the following: ``(A) Preventing the distribution of marihuana to minors. ``(B) Preventing revenue from the sale of marihuana from going to criminal enterprises, gangs, and cartels. ``(C) Preventing the diversion of marihuana from States where the manufacture, distribution, dispensing, and possession of marihuana is legal to other States. ``(D) Preventing State-authorized marihuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity. ``(E) Preventing violence and the use of firearms in the cultivation and distribution of marihuana. ``(F) Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marihuana use. ``(G) Preventing the growing of marihuana on public lands and the attendant public safety and environmental dangers posed by marihuana production on public lands. ``(H) Preventing marihuana possession or use on Federal property. ``(I) Preventing distribution of tainted marihuana. ``(3) The State agrees to study and report annually to the Attorney General regarding outcomes of legalizing marihuana in the State on the following: ``(A) Youth marihuana use. ``(B) Rates of driving while intoxicated. ``(C) Diversion to other States. ``(D) Prevalence of drug-related organized crime activity. ``(b) Duration of Period.--Subject to subsection (c), the period described in this subsection is, with respect to a State-- ``(1) the period of 3 years beginning on the date of receipt by the Attorney General of a request under subsection (a)(1); and ``(2) any subsequent, consecutive 3-year period if, by the beginning of such period, the State submits a request under subsection (a)(1) for such period. ``(c) Delayed Effective Date.--The effective period of a request under subsection (a)(1) shall commence not sooner than the effective date of the State's regulatory regime required by subsection (a)(2). ``(d) Loss of Waiver.-- ``(1) In general.--The Attorney General may-- ``(A) continually review the production, manufacture, distribution, prescribing, dispensing, possession, and use of marihuana in a State with a waiver in effect under subsection (a); and ``(B) after providing notice and an opportunity to correct under paragraph (2), revoke such waiver if the Attorney General finds, with respect to such State, that the conditions listed in subsection (a) are no longer met. ``(2) Notice; opportunity to correct.--If the Attorney General finds that the conditions listed in subsection (a) are no longer met, the Attorney General shall give the State involved-- ``(A) notice of such finding; and ``(B) a period of not less than 180 days to correct any failure to meet the conditions listed in subsection (a). ``(e) Rule of Construction.--Nothing in this section shall be construed to prohibit the Federal Government from providing assistance to a State (under Federal law other than this title) in the implementation or enforcement of State law relating to the production, manufacture, distribution, prescribing, dispensing, possession, or use of marihuana. ``(f) Definition.--In this section, the term `tainted' means containing microbes, pesticides, or controlled substances other than marihuana.''. (b) Clerical Amendment.--The table of contents at the beginning of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513) is amended by inserting at the end of the items relating to part E of title II the following new item: ``Sec. 521. Inapplicability to marihuana in certain States.''.

State Marihuana And Regulatory Tolerance Enforcement Act This bill amends the Controlled Substances Act to prohibit federal enforcement of marijuana offenses in a state that: (1) requests a waiver from the Department of Justice (DOJ) certifying that it legalized marijuana; (2) certifies that it has or will have a regulatory scheme sufficient to protect federal interests (e.g., preventing marijuana distribution to minors); and (3) agrees to study and report on certain outcomes. DOJ may revoke the waiver of a state that fails to meets the conditions.  

State Marihuana And Regulatory Tolerance Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Credit for Charitable Contributions Act of 2003''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 (twice such amount in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply. ``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case of any taxable year beginning in a calendar year after 2003, the $100 amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $5.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for certain charitable contributions.'' (c) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date.

Tax Credit for Charitable Contributions Act of 2003 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor.

To amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions to fight poverty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest System Vegetation Management Pilot Program Act of 2017''. SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT PILOT PROGRAM. (a) Pilot Program Required.--To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily perform vegetation management on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary shall conduct a limited, voluntary pilot program, in the manner described in this section, to permit vegetation management projects on National Forest System land adjacent to or near such rights-of-way. (b) Eligible Participants.--A participant in the pilot program must have a right-of-way on National Forest System land. In selecting participants, the Secretary shall give priority to holders of a right- of-way who have worked with Forest Service fire scientists and used technologies, such as Light Detection and Ranging surveys, to improve utility infrastructure protection prescriptions. (c) Project Elements.--A vegetation management project under the pilot program involves limited and selective vegetation management activities, which-- (1) shall create the least amount of disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models; (2) may include thinning, fuel reduction, creation and treatment of shaded fuel breaks, and other measures as appropriate; (3) shall only take place adjacent to the participant's right-of-way or within 75 feet of the participant's right-of- way; (4) shall not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and (5) shall be subject to approval by the Forest Service in accordance with this Act. (d) Project Costs.--A participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program, unless the Secretary determines that it is in the public interest for the Forest Service to contribute funds for a vegetation management project conducted under the pilot program. (e) Liability.-- (1) In general.--Participation in the pilot program does not affect any existing legal obligations or liability standards that-- (A) arise under the right-of-way for activities in the right-of-way; or (B) apply to fires resulting from causes other than activities conducted pursuant to an approved vegetation management project. (2) Project work.--A participant shall not be liable to the United States for damage proximately caused by activities conducted pursuant to an approved vegetation management project unless-- (A) such activities were carried out in a manner that was grossly negligent or that violated criminal law; or (B) the damage was caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of participating in the pilot program. (f) Implementation.--The Secretary shall utilize existing laws and regulations in the conduct of the pilot program and, in order to implement the pilot program in an efficient and expeditious manner, may waive or modify specific provisions of the Federal Acquisition Regulation, including modifications to allow for formation of contracts or agreements on a noncompetitive basis. (g) Treatment of Proceeds.--Notwithstanding any other provision of law, the Secretary may-- (1) retain any funds provided to the Forest Service by a participant in the pilot program; and (2) use such funds, in such amounts as may be appropriated, in the conduct of the pilot program. (h) Definitions.--In this section: (1) National forest system land.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (2) Passing wildfire.--The term ``passing wildfire'' means a wildfire that originates outside the right-of-way. (3) Right-of-way.--The term ``right-of-way'' means a special use authorization issued by the Forest Service allowing the placement of utility infrastructure. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Utility infrastructure.--The term ``utility infrastructure'' means electric transmission lines, natural gas infrastructure, or related structures. (i) Duration.--The authority to conduct the pilot program, and any vegetation management project under the pilot program, expires December 21, 2027. (j) Report to Congress.--Not later than December 31, 2019, and every two years thereafter, the Secretary shall issue a report to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives on the status of the program and any projects established under this section. Passed the House of Representatives October 31, 2017. Attest: KAREN L. HAAS, Clerk.

. National Forest System Vegetation Management Pilot Program Act of 2017 (Sec. 2) This bill directs the Department of Agriculture (USDA) to conduct a limited, voluntary pilot program to permit vegetation management projects on National Forest System (NFS) land adjacent to rights-of-way to better protect utility infrastructure from potential passing wildfires. Program participants must have a right-of-way on NFS land. USDA shall give priority to holders of a right-of-way who have worked with Forest Service fire scientists and used technologies, such as light detection and ranging surveys, to improve utility infrastructure protection prescriptions. Vegetation management projects will involve limited and selective vegetation management activities, which: shall create the least amount of disturbance necessary to protect utility infrastructure from passing wildfires; may include thinning, fuel reduction, and creation and treatment of shaded fuel breaks; must only take place adjacent to the participant's right-of-way or within 75 feet of it; must not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and shall be subject to approval by the Forest Service. Participants shall not be held liable to the federal government for damage that was proximately caused by activities conducted pursuant to an approved vegetation management project, unless: such activities were carried out in a manner that was grossly negligent or that was in violation of criminal law, or the damage was caused by the participant's failure to comply with the specific safety requirements imposed by the Forest Service as a condition of participation in the pilot program. In order to implement the pilot program in an efficient and expeditious manner, USDA may waive or modify specific provisions of the Federal Acquisition Regulation, including to allow for the development of contracts or agreements on a noncompetitive basis. USDA may: retain any funds provided to the Forest Service by participants in the pilot program, and use such funds to conduct such program. The bill states that the authority to conduct the pilot program and any vegetation management projects under such program will expire on December 21, 2027.

National Forest System Vegetation Management Pilot Program Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colusa Basin Watershed Integrated Resources Management Act''. SEC. 2. AUTHORIZATION OF ASSISTANCE. The Secretary of the Interior (in this Act referred to as the ``Secretary''), acting within existing budgetary authority, may provide financial assistance to the Colusa Basin Drainage District, California (in this Act referred to as the ``District''), for use by the District or by local agencies acting pursuant to section 413 of the State of California statute known as the Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in effect on the date of the enactment of this Act (in this Act referred to as the ``State statute''), for planning, design, environmental compliance, and construction required in carrying out eligible projects in the Colusa Basin Watershed to-- (1)(A) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (B) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (C) construct, restore, or preserve wetland and riparian habitat; and (2) capture, as an incidental purpose of any of the purposes referred to in paragraph (1), surface or stormwater for conservation, conjunctive use, and increased water supplies. SEC. 3. PROJECT SELECTION. (a) Eligible Projects.--A project shall be an eligible project for purposes of section 2 only if it is-- (1) consistent with the plan for flood protection and integrated resources management described in the document entitled ``Draft Programmatic Environmental Impact Statement/ Environmental Impact Report and Draft Program Financing Plan, Integrated Resources Management Program for Flood Control in the Colusa Basin'', dated May 2000; and (2) carried out in accordance with that document and all environmental documentation requirements that apply to the project under the laws of the United States and the State of California. (b) Compatibility Requirement.--The Secretary shall ensure that projects for which assistance is provided under this Act are not inconsistent with watershed protection and environmental restoration efforts being carried out under the authority of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program. SEC. 4. COST SHARING. (a) Non-Federal Share.--The Secretary shall require that the District and cooperating non-Federal agencies or organizations pay-- (1) 25 percent of the costs associated with construction of any project carried out with assistance provided under this Act; (2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to such a project; and (3) 35 percent of the costs associated with planning, design, and environmental compliance activities. (b) Planning, Design, and Compliance Assistance.--Funds appropriated pursuant to this Act may be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies acting pursuant to the State statute, in accordance with agreements with the Secretary. (c) Treatment of Contributions.--For purposes of this section, the Secretary shall treat the value of lands, interests in lands (including rights-of-way and other easements), and necessary relocations contributed by the District to a project as a payment by the District of the costs of the project. SEC. 5. COSTS NONREIMBURSABLE. Amounts expended pursuant to this Act shall be considered nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental thereto. SEC. 6. AGREEMENTS. Funds appropriated pursuant to this Act may be made available to the District or a local agency only if the District or local agency, as applicable, has entered into a binding agreement with the Secretary-- (1) under which the District or the local agency is required to pay the non-Federal share of the costs of construction required by section 4(a); and (2) governing the funding of planning, design, and compliance activities costs under section 4(b). SEC. 7. REIMBURSEMENT. For project work (including work associated with studies, planning, design, and construction) carried out by the District or by a local agency acting pursuant to the State statute in section 2 before the date amounts are provided for the project under this Act, the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse the District or the local agency, without interest, an amount equal to the estimated Federal share of the cost of such work under section 4. SEC. 8. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may enter into cooperative agreements and contracts with the District to assist the Secretary in carrying out the purposes of this Act. (b) Subcontracting.--Under such cooperative agreements and contracts, the Secretary may authorize the District to manage and let contracts and receive reimbursements, subject to amounts being made available in advance in appropriations Acts, for work carried out under such contracts or subcontracts. SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982. Activities carried out, and financial assistance provided, under this Act shall not be considered a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.). SEC. 10. APPROPRIATIONS AUTHORIZED. Within existing budgetary authority and subject to the availability of appropriations, the Secretary is authorized to expend up to $25,000,000, plus such additional amount, if any, as may be required by reason of changes in costs of services of the types involved in the District's projects as shown by engineering and other relevant indexes to carry out this Act. Sums appropriated under this section shall remain available until expended. Passed the House of Representatives September 18, 2000. Attest: JEFF TRANDAHL, Clerk.

Permits funds appropriated pursuant to this Act to be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary, under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs. Authorizes specified expenditures within existing budget authority to carry out this Act.

Colusa Basin Watershed Integrated Resources Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Protection of Disclosures Act''. SEC. 2. CLARIFICATION OF DISCLOSURES COVERED. Section 2302(b)(8) of title 5, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction as to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties, that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation''; and (2) in subparagraph (B)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction as to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties, of information that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation (other than a violation of this section)''. SEC. 3. COVERED DISCLOSURES. Section 2302(a)(2) of title 5, United States Code, is amended-- (1) in subparagraph (B)(ii), by striking ``and'' at the end; (2) in subparagraph (C)(iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) `disclosure' means a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences-- ``(i) any violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.''. SEC. 4. REBUTTABLE PRESUMPTION. Section 2302(b) of title 5, United States Code, is amended by adding at the end the following: ``For purposes of paragraph (8), any presumption relating to the performance of a duty by an employee who has authority to take, direct others to take, recommend, or approve any personnel action may be rebutted by substantial evidence. For purposes of paragraph (8), a determination as to whether an employee or applicant reasonably believes that such employee or applicant has disclosed information that evidences any violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety shall be made by determining whether a disinterested observer with knowledge of the essential facts known to or readily ascertainable by the employee or applicant would reasonably conclude that the actions of the Government evidence such violations, mismanagement, waste, abuse, or danger.''. SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS. (a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United States Code, is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and''. (b) Prohibited Personnel Practice.--Section 2302(b) of title 5, United States Code, is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (12) the following: ``(13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statement: ```These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 and following) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures that could compromise national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such statutory provisions are incorporated into this agreement and are controlling.'; or ``(14) conduct, or cause to be conducted, an investigation, other than any ministerial or nondiscretionary factfinding activities necessary for the agency to perform its mission, of an employee or applicant for employment because of any activity protected under this section.''. SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT. Section 2302(a)(2)(C) of title 5, United States Code, is amended by striking clause (ii) and inserting the following: ``(ii)(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency; and ``(II) as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence, counterintelligence activities, or homeland security, if the determination (as that determination relates to a personnel action) is made before that personnel action; or''. SEC. 7. DISCIPLINARY ACTION. Section 1215(a)(3) of title 5, United States Code, is amended to read as follows: ``(3)(A) A final order of the Board may impose-- ``(i) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; ``(ii) an assessment of a civil penalty not to exceed $1,000; or ``(iii) any combination of disciplinary actions described under clause (i) and an assessment described under clause (ii). ``(B) In any case in which the Board finds that an employee has committed a prohibited personnel practice under paragraph (8) or (9) of section 2302(b), the Board shall impose disciplinary action if the Board finds that the activity protected under such paragraph (8) or (9) (as the case may be) was the primary motivating factor, unless that employee demonstrates, by a preponderance of the evidence, that the employee would have taken, failed to take, or threatened to take or fail to take the same personnel action, in the absence of such protected activity.''. SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF SECURITY CLEARANCES. (a) Requirement.--The Comptroller General shall conduct a study of security clearance revocations, taking effect after 1996, with respect to personnel that filed claims under chapter 12 of title 5, United States Code, in connection therewith. The study shall consist of an examination of the number of such clearances revoked, the number restored, and the relationship, if any, between the resolution of claims filed under such chapter and the restoration of such clearances. (b) Report.--Not later than June 30, 2006, the Comptroller General shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the results of the study required by subsection (a). SEC. 9. EFFECTIVE DATE. This Act shall take effect 30 days after the date of enactment of this Act.

Federal Employee Protection of Disclosures Act - (Sec. 2) Includes as a protected disclosure by a federal employee any lawful disclosure an employee or applicant for employment reasonably believes is credible evidence of waste, abuse, gross mismanagement, or substantial and specific danger to public health or safety without restriction as to time, place, form, motive, context, or prior disclosure. (Sec. 3) Defines the term "disclosure" to mean a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences: (1) any violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (Sec. 4) Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. (Sec. 5) Includes under the definition of "personnel action" the implementation or enforcement of any nondisclosure policy, form, or agreement. Prohibits taking the following actions against whistleblowers making protected disclosures: (1) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (2) an investigation (other than routine nondiscretionary agency investigations) of an employee or applicant. (Sec. 6) Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. (Sec. 7) Expands the authority of the Merit Systems Protection Board to impose disciplinary action for prohibited personnel practices. (Sec. 8) Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations. (Sec. 9) Permits an employee, former employee, or applicant to bring an action against the United States at law or equity for de novo review as an alternative recourse in seeking corrective action with respect to a prohibited personnel practice. (Sec. 10) Amends the Federal Property and Administrative Services Act of 1949 to modify remedy and enforcement authority under provisions relating to the protection of contractor employees from reprisal for disclosure of certain information, including by permitting such an employee who has been subjected to a reprisal prohibited by such provisions to bring an action at law or equity for de novo review in order to seek compensatory damages and other relief available under those provisions. Makes an identical amendment with respect to federal military law relating to the protection of military contractor employees from reprisal for disclosure of certain information. (Sec. 11) Makes certain prohibited personnel practices provisions applicable to the Transportation Security Administration (TSA).

To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Language Act of 2007''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official government activities in English ``The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. ``Sec. 164. Exceptions ``This chapter does not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; or ``(3) to programs in schools designed to encourage students to learn foreign languages. This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended by the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 (Public Law 109- 246), is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, 8(a)(2)(A), and 13(a)(1), by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 5. NONPREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.

National Language Act of 2007 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law. Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages. States that this does not prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act shall not preempt any state law.

To amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes.

SECTION 1. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following new paragraph: ``(h)(1) Effective one year after the date of the enactment of this subsection, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied.''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of this paragraph, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(10) effective one year after the date of the enactment of this paragraph, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4(g) of the Egg Products Inspection Act (21 U.S.C. 453(g)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of this paragraph, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (e) Special Rules for Organic Foods.-- (1) Crop production.--Section 2109 of the Organic Foods Production Act of 1990 (7 U.S.C. 6508) is amended by adding at the end the following new subsection: ``(d) Use of Sewage Sludge.--Notwithstanding section 402(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(h)) and section 4(a)(9) of the Egg Products Inspection Act (21 U.S.C. 1033(a)(9)), foods labeled `100 percent organic', `organic', or `made with organic ingredients' may not be produced using sewage sludge.''. (2) Animal production.--Section 2110 of the Organic Foods Production Act of 1990 (7 U.S.C. 6509) is amended by adding at the end the following new subsection: ``(h) Use of Sewage Sludge.--Notwithstanding section 1(m)(10) of the Federal Meat Inspection Act (21 U.S.C. 601(m)(10)) and section 4(g)(9) of the Egg Products Inspection Act (21 U.S.C. 453(g)(9)), any livestock that is to be slaughtered and sold or labeled as `organically produced' or that is to be used in the production of foods labeled `100 percent organic', `organic', or `made with organic ingredients' may not be raised using sewage sludge.''.

Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act and the Poultry Products Inspection Act to deem food, eggs, egg products, meat, meat products, and poultry products adulterated if they are produced, or are from poultry or livestock that consumed feed produced, on land on which sewage sludge was applied unless certain requirements are met. Prohibits labeling such food as organic if sewage sludge was used to produce such food.

To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Jesse Louis Jackson, Sr. was born on October 8, 1941, in Greenville, South Carolina. (2) In 1965 Jesse L. Jackson, Sr. joined the civil rights movement full-time, beginning his activism as a student leader in the sit-in movement and continuing as a young organizer for the Southern Christian Leadership Conference as an assistant to Dr. Martin Luther King, Jr. (3) On June 30, 1968, Jesse L. Jackson, Sr. became an ordained minister, having attended the Chicago Theological Seminary. (4) Jesse L. Jackson, Sr. served as the national director for Operation Breadbasket and, in 1971 in Chicago, Illinois, founded People United to Save Humanity, known as PUSH. (5) In 1984 Jesse L. Jackson, Sr. founded the National Rainbow Coalition, a national social justice organization devoted to political empowerment and to expanding educational and employment opportunities for disadvantaged people and for communities of color. (6) In 1996 Jesse L. Jackson, Sr. merged the National Rainbow Coalition and PUSH to continue the philosophies of both organizations and to maximize their resources. (7) Jesse L. Jackson, Sr. is, and has been for more than 30 years, one of the foremost political figures in the United States, playing a pivotal role in virtually every movement for human rights, civil rights, peace, gender equality, empowerment, and economic and social justice. (8) Jesse L. Jackson, Sr. has been and continues to be counted on to serve as a champion and spokesman for a segment of the population whose voices all too often are not heard. (9) Jesse L. Jackson, Sr. has been called the ``conscience of the Nation'' and the ``great unifier'', challenging the United States to establish just and humane priorities. (10) Jesse L. Jackson, Sr. has led a myriad of successful delegations, marches, and missions for justice, peace, and reconciliation. (11) Jesse L. Jackson, Sr. is a highly respected world leader who has acted on many occasions as an international diplomat. (12) In 1984 Jesse L. Jackson, Sr. secured the release of a captured Navy pilot, Lieutenant Robert Goodman, who was shot down over Lebanon. He also negotiated the release of 22 Americans and 26 Cubans in Cuba during 1984. (13) In 1990 Jesse L. Jackson, Sr. won the release of hundreds of foreign nationals, including 47 Americans, being held in Iraq and Kuwait by Saddam Hussein. (14) In October 1997 Jesse L. Jackson, Sr. was appointed by President William Jefferson Clinton and by Secretary of State Madeleine K. Albright as the Special Envoy of the President and the Secretary of State for the Promotion of Democracy in Africa. (15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the negotiated release of Army Specialist Steven M. Gonzales and Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3 United States soldiers who had spent 32 days in captivity in Yugoslavia as prisoners of war and hostages. (16) Jesse L. Jackson, Sr. has dedicated his life to the principles of freedom, peace, justice, international good will, and the struggle for civil rights and equality for Americans and for all peoples, at home and abroad. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Authorization of Appropriation.--Effective February 1, 1999, there are authorized to be appropriated $30,000 to carry out this section. SEC. 3. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck under section 2 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. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Authorizes the President to present to Jesse L. Jackson, on behalf of the Congress, a gold medal in recognition of his outstanding and enduring contributions to the Nation. Authorizes appropriations.

To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Price Index for Elderly Consumers Act of 2009''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the Consumer Price Index for Elderly Consumers Act,''. (2) Conforming amendments in applicable former law.-- Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (3) Effective date.--The amendments made by paragraph (1) shall apply to determinations made with respect to cost-of- living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (b) Amendments to Title XVIII.-- (1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended-- (A) in section 1814(i)(2)(B), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Consumer Price Index for Elderly Consumers Act was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (B) in section 1821(c)(2)(C)(ii)(II), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (C) in section 1833(h)(2)(A)(i), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (D) in section 1833(i)(2)(C)(i), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (E) in each of subparagraphs (K), (L), and (M) of section 1834(a)(14), by striking ``consumer price index for all urban consumers (U.S. urban average)'' and inserting ``applicable consumer price index''; (F) in section 1834(h)(4)(A)(x), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (G) in section 1834(l)(3)(B), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (H) in section 1839(i)(5)(A)(ii), by striking ``Consumer Price Index (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (I) in section 1842(s)(1), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (J) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3) and in each of clauses (i) and (ii) of section 1860D-14(a)(4)(A), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (K) in section 1882(p)(11)(C)(ii), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (L) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E), by striking ``for all urban consumers''; and (M) in section 1886(h)(5)(B), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

Consumer Price Index for Elderly Consumers Act of 2009 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPIEC) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to use such new CPIEC in the computation of cost-of-living increases for Social Security and Medicare benefits, replacing the CPI for All Urban Consumers (U.S. city average).

To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Education Enhancement Act of 2007''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT. (a) In General.--The Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, shall establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for-- (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion (or both) of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs. (b) Roles.-- (1) Department of homeland security.--The Secretary, acting through the Assistant Secretary and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants. (2) National science foundation.--The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering awards. The Director may consult with the Assistant Secretary in selecting awardees. (3) Funding.--The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Awards.-- (1) Peer review.--All awards under this section shall be provided on a competitive, merit-reviewed basis. (2) Focus.--In making awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities. (3) Preference.--In making awards under this section, the Director-- (A) shall give preference to applications submitted by consortia of institutions, to encourage as many students and professionals as possible to benefit from the program established under this section; and (B) shall give preference to any application submitted by a consortium of institutions that includes at least one institution that is eligible to receive funds under title III or V of the Higher Education Act of 1965. (d) Institution of Higher Education Defined.--In this section the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for each of fiscal years 2008 and 2009. SEC. 3. E-SECURITY FELLOWS PROGRAM. (a) Establishment of Program.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 226. E-SECURITY FELLOWS PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familiar with the Department's stated cybersecurity missions and capabilities, including but not limited to-- ``(A) enhancing Federal, State, local, and tribal government cybersecurity; ``(B) developing partnerships with other Federal agencies, State, local, and tribal governments, and the private sector; ``(C) improving and enhancing public/private information sharing involving cyber attacks, threats, and vulnerabilities; ``(D) providing and coordinating incident response and recovery planning efforts; and ``(E) fostering training and certification. ``(2) Program name.--The program under this section shall be known as the E-Security Fellows Program. ``(b) Eligibility.--In order to be eligible for selection as a fellow under the program, an individual must-- ``(1) have cybersecurity-related responsibilities; and ``(2) be eligible to possess an appropriate national security clearance. ``(c) Limitations.--The Secretary-- ``(1) may conduct up to 2 iterations of the program each year, each of which shall be 180 days in duration; and ``(2) shall ensure that the number of fellows selected for each iteration does not impede the activities of the Division. ``(d) Condition.--As a condition of selecting an individual as a fellow under the program, the Secretary shall require that the individual's employer agree to continue to pay the individual's salary and benefits during the period of the fellowship. ``(e) Stipend.--During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations, provide to the individual a stipend to cover the individual's reasonable living expenses during the period of the fellowship.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 226. E-Security Fellows Program.''.

Cybersecurity Education Enhancement Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish a program awarding competitive grants to institutions of higher education (IHEs) and consortia of IHEs for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for professional development and degree programs. Gives grant priority to consortia of IHEs and such consortia that include IHEs eligible to receive funds under title III (Institutional Aid) or V (Developing Institutions) of the Higher Education Act of 1965. Authorizes FY2009-FY2010 appropriations for the grant program. Amends the Homeland Security Act of 2002 to direct the Secretary to establish a DHS Cybersecurity Fellows program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to assist with Department of Homeland Security's stated cybersecurity missions and capabilities. Urges the House of Representatives to designate a committee to serve as the single, principal point of cybersecurity oversight and review.

To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2005''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat, commercial, and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of commercial and civil remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, the Commercial Space Act of 1998, and the United States Commercial Remote Sensing Policy, issued by the President on April 25, 2003, all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) remote sensing and other geospatial information can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in environmental impact and disaster relief planning and management; (10) the National Aeronautics and Space Administration, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (11) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sectors through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; (3) the term ``high resolution'' means resolution better than five meters; and (4) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Administrator shall give preference to projects that-- (1) make use of commercial data sets, including high resolution commercial satellite imagery and derived satellite data products, existing public data sets where commercial data sets are not available or applicable, or the fusion of such data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Administrator shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2009, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $15,000,000 for each of the fiscal years 2006 through 2010 to carry out this Act.

Remote Sensing Applications Act of 2005 - (Sec. 4) Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator, in awarding grants, to give preference to specified types of projects. Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management. Limits the provision of assistance for a project to three years. Requires each grant recipient to: (1) report project results to the Administrator; and (2) conduct at least one workshop for potential users to disseminate the lessons learned from the project. (Sec. 5) Requires the Administrator to establish an advisory committee to monitor the program. Instructs the advisory committee to consult with the Federal Geographic Data Committee and other industry representatives and organizations. Requires the Administrator to transmit to Congress an independent evaluation of program effectiveness. (Sec. 6) Directs the Administrator to ensure that project results are retrievable through an Internet-accessible database. (Sec. 7) Requires the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and geospatial information. (Sec. 8) Authorizes appropriations.

To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fee Authority Act of 2004''. SEC. 2. RECREATION FEE AUTHORITY. (a) In General.--Beginning on January 1, 2006, the Secretary of the Interior (``Secretary'') may establish, modify, charge, and collect fees for admission to a unit of the National Park System and the use of National Park Service (``Service'') administered areas, lands, sites, facilities, and services (including reservations) by individuals and/or groups. Fees shall be based on an analysis by the Secretary of-- (1) the benefits and services provided to the visitor; (2) the cumulative effect of fees; (3) the comparable fees charged elsewhere and by other public agencies and by nearby private sector operators; (4) the direct and indirect cost and benefit to the government; (5) public policy or management objectives served; (6) economic and administrative feasibility of fee collection; and (7) other factors or criteria determined by the Secretary. (b) Number of Fees.--The Secretary shall establish the minimum number of fees and shall avoid the collection of multiple or layered fees for a wide variety of uses, activities or programs. (c) Analysis.--The results of the analysis together with the Secretary's determination of appropriate fee levels shall be transmitted to the Congress at least three months prior to publication of such fees in the Federal Register. New fees and any increases or decreases in established fees shall be published in the Federal Register and no new fee or change in the amount of fees shall take place until at least 12 months after the date the notice is published in the Federal Register. (d) Additional Authorities.--Beginning on January 1, 2006, the Secretary may enter into agreements, including contracts to provide reasonable commissions or reimbursements with any public or private entity for visitor reservation services, fee collection and/or processing services. (e) Administration.--The Secretary may provide discounted or free admission days or use, may modify the National Park Passport, established pursuant to Public Law 105-391, and shall provide information to the public about the various fee programs and the costs and benefits of each program. (f) State Agency Admission and Special Use Passes.--Effective January 1, 2006, and notwithstanding the Federal Grants Cooperative Agreements Act, the Secretary may enter into revenue sharing agreements with State agencies to accept their annual passes and convey the same privileges, terms and conditions as offered under the auspices of the National Park Passport, to State agency annual passes and shall only be accepted for all of the units of the National Park System within the boundaries of the State in which the specific revenue sharing agreement is entered into except where the Secretary has established a fee that includes a unit or units located in more than one State. SEC. 3. DISTRIBUTION OF RECEIPTS. Without further appropriation, all receipts collected pursuant to the Act or from sales of the National Park Passport shall be retained by the Secretary and may be expended as follows: (1) 80 percent of amounts collected at a specific area, site, or project as determined by the Secretary, shall remain available for use at the specific area, site or project, except for those units of the National Park System that participate in an active revenue sharing agreement with a State under Section 2(f) of this Act, not less than 90 percent of amounts collected at a specific area, site, or project shall remain available for use. (2) The balance of the amounts collected shall remain available for use by the Service on a Service-wide basis as determined by the Secretary. (3) Monies generated as a result of revenue sharing agreements established pursuant to Section 2(f) may provide for a fee-sharing arrangement. The Service shares of fees shall be distributed equally to all units of the National Park System in the specific States that are parties to the revenue sharing agreement. (4) Not less than 50 percent of the amounts collected from the sale of the National Park Passport shall remain available for use at the specific area, site, or project at which the fees were collected and the balance of the receipts shall be distributed in accordance with paragraph 2 of this Section. SEC. 4. EXPENDITURES. (a) Use of Fees at Specific Area, Site, or Project.--Amounts available for expenditure at a specific area, site or project shall be accounted for separately and may be used for-- (1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; (2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and (4) law enforcement relating to public use and recreation. (b) The Secretary may use not more than fifteen percent of total revenues to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, start-up costs, and analysis and reporting on program accomplishments and effects. SEC. 5. REPORTS. On January 1, 2009, and every three years thereafter the Secretary shall submit to the Congress a report detailing the status of the Recreation Fee Program conducted in units of the National Park System including an evaluation of the Recreation Fee Program conducted at each unit of the National Park System; a description of projects that were funded, work accomplished, and future projects and programs for funding with fees, and any recommendations for changes in the overall fee system. Passed the Senate May 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Recreational Fee Authority Act of 2004 - (Sec. 2) Authorizes the Secretary of the Interior, beginning on January 1, 2006, to establish, modify, charge, and collect fees for: (1) admission to a unit of the National Park System (NPS); and (2) the use of National Park Service administered areas, lands, sites, facilities, and services by individuals and/or groups. Requires fees to be based on an analysis of specified factors, including: (1) the benefits and services provided to the visitor; (2) the cumulative effect of fees; (3) the comparable fees charged elsewhere and by other public agencies and by nearby private sector operators; (4) the direct and indirect cost and benefit to the Government; (5) public policy or management objectives served; and (6) economic and administrative feasibility of fee collection. Directs the Secretary to establish the minimum number of fees and avoid the collection of multiple or layered fees. Requires: (1) the results of the analysis together with the Secretary's determination of appropriate fee levels to be transmitted to Congress at least three months prior to publication of such fees in the Federal Register; and (2) proposed new fees or changes to be published in the Federal Register and prohibits them from taking effect for 12 months after the date the notice is published. Authorizes the Secretary to: (1) enter into agreements, beginning on January 1, 2006, with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) provide discounted or free admission days or use, modify the National Park Passport, and provide information to the public about various fee programs and program costs and benefits; and (3) enter into revenue sharing agreements with State agencies, effective January 1, 2006, to accept their annual passes for NPs units within the State. (Sec. 3) Requires, without further appropriation, all receipts collected pursuant to this Act or from sales of the Passport to be retained by the Secretary and permits expenditure of such sums as follows: (1) 80 percent of amounts collected at a specific area, site, or project (area) shall remain available for use at the specific area, except for those NPS units that participate in an active revenue sharing agreement with a State (in which case not less than 90 percent of amounts collected at a specific area shall remain available for use); (2) the balance of the amounts collected shall remain available for use by the National Park Service on a Service-wide basis; (3) monies generated as a result of revenue sharing agreements may provide for a fee-sharing arrangement (with the Service shares of fees being distributed equally to all NPS units in the specific States that are parties to the agreement); and (4) not less than 50 percent of the amounts collected from the sale of the Passport shall remain available for use at the specific area at which the fees were collected and the balance of the receipts shall be distribution as specified. (Sec. 4) Provides that amounts available for expenditure at a specific area shall be accounted for separately and may be used for: (1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; (2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and (4) law enforcement relating to public use and recreation. Limits the Secretary to using 15 percent of total revenues to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, startup costs, and analysis and reporting on program accomplishments and effects. (Sec. 5) Directs the Secretary, on January 1, 2009, and every three years thereafter, to submit to Congress a report detailing the status of the Recreation Fee Program conducted in NPS units, including: (1) an evaluation of the Program conducted at each unit; (2) a description of projects that were funded, work accomplished, and future projects and programs for funding with fees; and (3) any recommendations for changes in the overall fee system.

A bill to enhance the Recreational Fee Demonstration Program for the National Park Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Our Soldiers Act of 2005''. SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this Act. (b) Qualified Individual.--For purposes of this Act, the term ``qualified individual'' means an individual who is-- (1) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and (2)(A) serving in Iraq or Afghanistan; or (B) hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. (c) Postal Benefits Described.-- (1) In general.--The postal benefits provided under this Act shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and hereinafter in this Act referred to as ``vouchers'') as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage. (2) Qualified mailing.--For purposes of this Act, the term ``qualified mailing'' means the mailing of any mail matter which-- (A) is described in subparagraph (A), (B), (C), or (D) of paragraph (3); (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Mail matter described.--The mail matter described in this paragraph is-- (A) any letter mail not exceeding 13 ounces in weight and having the character of personal correspondence; (B) any sound- or video-recorded communications not exceeding 15 pounds in weight and having the character of personal correspondence; (C) any ground parcel not exceeding 15 pounds in weight; and (D) any bound printed matter not exceeding 15 pounds in weight. (4) Limitations.-- (A) Number.--An individual shall be eligible for 1 voucher for each month in which such individual is a qualified individual. (B) Use.--Any such voucher may not be used-- (i) for more than a single qualified mailing; or (ii) after the earlier of-- (I) the expiration date of such voucher, as designated by the Secretary of Defense; or (II) the last day of the 1-year period referred to in section 4. (5) Coordination rule.--Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this Act, including-- (1) procedures by which vouchers will be provided or made available (including measures to allow vouchers to reach, in a timely manner, the persons selected by qualified individuals to use the vouchers); and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (c)(4)(A). SEC. 3. FUNDING. (a) In General.--There is authorized to be appropriated to the Department of Defense a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in section 2(c). (b) Transfers to Postal Service.-- (1) Based on estimates.--The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter during which postal benefits under this Act may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this Act for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than 6 months after the end of the 1-year period referred to in section 4. (c) Consultation Required.--All estimates and determinations under this section of the amount of postal benefits under this Act used in any period shall be made by the Department of Defense in consultation with the Postal Service. SEC. 4. DURATION. The postal benefits under this Act shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under section 2(d) take effect. Amend the title so as to read: ``A bill to provide for free mailing privileges for personal correspondence and certain other mail matter sent from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan.''.

Supply Our Soldiers Act of 2005 - Directs the Secretary of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings. Limits: (1) the weight of the mail and parcels authorized for the program; (2) a member to one voucher per month; and (3) the program duration to one year after the date of implementing regulations. Authorizes appropriations.

To amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and parcels sent by family members from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Superfund Compliance Act of 1997''. SEC. 2. FEDERAL ENTITIES AND FACILITIES. Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended as follows: (1) By amending the heading to read as follows: ``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''. (2) By amending paragraph (1) of subsection (a) to read as follows: ``(1)(A) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the United States shall be subject to, and comply with, all Federal, State, interstate and local requirements, both substantive and procedural (including any requirements for permits, reporting, or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants in the same manner, and to the same extent, as any nongovernmental entity is subject to such requirements, including enforcement and liability under sections 106 and 107 of this title and the payment of reasonable service charges. ``(B) The Federal, State, interstate, and local substantive and procedural requirements referred to in subparagraph (A) include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties and fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). ``(C) The reasonable service charges referred to in this paragraph include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a State, interstate, or local response program. ``(D) Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any injunctive relief. ``(E) No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal or State response law with respect to any act or omission within the scope of their official duties. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State response law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to any such sanctions. ``(F) The waiver of sovereign immunity provided in this paragraph shall not apply to the extent a State law would apply any standard or requirement to such Federal department, agency, or instrumentality in a manner which is more stringent than such standard or requirement would be applied to any other person. ``(G) Nothing in this section shall be construed to affect the liability of any person or entity other than a department, agency, or instrumentality of the United States under sections 106 and 107 of this Act. ``(H)(i) The Administrator may issue an order under section 106 of this Act to any department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States. The Administrator shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as action would be initiated against any other person. ``(ii) No administrative order issued to such department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator. ``(iii) Unless a State law in effect on the date of enactment of the Federal Facility Superfund Compliance Act of 1997, or a State Constitution, requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) of this section shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement. ``(I) Each such department, agency, and instrumentality shall have the right to contribution protection set forth in section 113, when such department, agency, or instrumentality resolves its liability under this Act.''. (3) By striking paragraph (4) of subsection (a). (4) By inserting ``(other than the indemnification requirements of section 119)'' after ``responsibility'' in subsection (a)(3). (5) By adding at the end of subsection (e) the following new paragraph: ``(7) State requirements.--Notwithstanding any other provision of this Act, an interagency agreement under this section shall in no way impair or diminish the authority of any State to enforce compliance with requirements of State law, unless such requirements have been specifically-- ``(A) addressed; or ``(B) waived; without objection from the State before or on the date on which the response action is selected.''.

Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity. Waives any U.S. immunity otherwise applicable with respect to any such requirement. Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person. Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List. Precludes interagency remedial action agreements from impairing or diminishing State authority to enforce requirements of State law, unless such requirements have been addressed or waived without objection from the State.

Federal Facility Superfund Compliance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper and Lead Evaluation and Reporting Act of 2016'' or the ``CLEAR Act''. SEC. 2. LEAD AND COPPER IN DRINKING WATER. (a) Regulations Required.--Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) is amended-- (1) by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; (2) by inserting after paragraph (13) the following: ``(14) Lead and copper in drinking water.--Not later than 180 days after the date of enactment of the CLEAR Act, the Administrator shall promulgate lead and copper regulations that-- ``(A) based on the amount of lead that would result in a blood lead level greater than 5 micrograms per deciliter in an average, healthy infant who consumes infant formula made with water, establish a health- based household action level for lead and copper that triggers-- ``(i) not later than 28 days after the date on which the household action level is reached, plain-language consumer notification that is culturally and linguistically appropriate; ``(ii) a report to the appropriate public health agency; and ``(iii) an examination by the public water system of service line material and, if applicable, the initiation of the removal by the public water system of any lead portion of the service line; ``(B) provide for frequent and culturally and linguistically appropriate multi-media outreach in plain language about the health risk and protection available to-- ``(i) consumers with known or suspected full or partial lead service lines; ``(ii) public and private institutions and facilities that serve individuals of any other vulnerable population, including-- ``(I) children; ``(II) pregnant women; and ``(III) an immunocompromised population, such as-- ``(aa) individuals living with auto immune deficiency syndrome or human immunodeficiency virus; and ``(bb) the elderly; and ``(iii) caregivers and healthcare providers for any individual described in clause (i) or (ii); ``(C) require, for each monitoring period, each public water system to publish on a publicly accessible website of the public water system, or distribute by carrier route presort if the public water system does not maintain a publicly accessible website, or distribute door-to-door if a substantial portion of the population served by the public water system does not have access to the Internet or is elderly-- ``(i) the number of households served by the public water system that have a household action level that is greater than the household action level established by the Administrator under subparagraph (A); ``(ii) all levels of lead and copper found in each monitoring period; and ``(iii) the most recent 90th percentile levels for lead and copper, as compared to the system action levels for lead and copper; ``(D) in the case of a community that has a lead service line, require the public water system to provide a public statement of lead service line ownership that includes the legal basis of that determination of ownership; and ``(E) modify lead monitoring requirements to provide for-- ``(i) voluntary consumer-requested tap sampling for lead; and ``(ii) the use of any result of a tap sample described in clause (i)-- ``(I) to inform-- ``(aa) consumer action to reduce the risk of lead in the home of the consumer; and ``(bb) in the case of a tap sample that is higher than the household action level established in subparagraph (A), the consumer and the appropriate public health agency; and ``(II) to assess-- ``(aa) if the tap sample meets the site selection criteria described in the regulations issued by the Administrator for the control of lead and copper, the effectiveness of corrosion control treatment; or ``(bb) any other potential cause of an elevated lead level.''. (b) Conforming Amendments.--Section 1415(e) of the Safe Drinking Water Act (42 U.S.C. 300g-4(e)) is amended-- (1) in paragraph (2)(A), by striking ``1412(b)(15)'' and inserting ``1412(b)(16)''; and (2) in paragraph (7)(A)-- (A) in clause (ii), by striking ``1412(b)(15)'' and inserting ``1412(b)(16)''; and (B) in clause (iii), by striking ``1412(b)(15)(A)'' and inserting ``1412(b)(16)(A)''.

Copper and Lead Evaluation and Reporting Act of 2016 or the CLEAR Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency to promulgate new lead and copper regulations that would set a health-based, household action level for lead and copper that triggers: (1) a consumer notification of drinking water contamination; (2) a report to the appropriate public health agency; and (3) an examination by the public water system of service line material and, if applicable, the removal of lead portions of the service line. That action level must be based on the amount of lead that would result in a blood lead level greater than five micrograms per deciliter in an average, healthy infant who consumes infant formula made with water. The regulations must also: provide outreach about the health risk and protection available to consumers with known or suspected lead service lines, institutions and facilities that serve other vulnerable populations, and the caregivers and health care providers of those consumers or populations; require reporting by public water systems for each monitoring period to the populations they serve on information concerning lead and copper levels; require public water systems to provide a public statement of lead service line ownership where a community has such lines; modify monitoring requirements to provide for voluntary, consumer-requested tap samples for lead; and provide for utilizing the results of those samples.

CLEAR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson-O'Malley Supplemental Indian Education Program Modernization Act''. SEC. 2. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. The Act of April 16, 1934 (25 U.S.C. 452 et seq.) (commonly known as the ``Johnson-O'Malley Act''), is amended by adding at the end the following: ``SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. ``(a) Definitions.--In this section: ``(1) Elementary school.--The term `elementary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) Eligible entity.--The term `eligible entity' means an entity that educates or serves Indian students and is-- ``(A) a tribal organization; ``(B) an Indian corporation; ``(C) a school district; ``(D) a State; or ``(E) a consortium of tribal organizations. ``(3) Eligible indian student.--The term `eligible Indian student' means an Indian student who is eligible under section 273.12 of title 25, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(4) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(5) Secondary school.--The term `secondary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(6) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs. ``(7) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(b) Establishment.--The Secretary, in coordination with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible Indian students. ``(c) Uses of Funds.--An eligible entity that enters into a contract under subsection (b) shall use the funds available under the contract for the educational benefit of eligible Indian students-- ``(1) to establish and carry out programs, or to expand and carry out programs in existence before the period of time covered by the contract, to provide-- ``(A) remedial instruction, counseling, and cultural programs; ``(B) courses related to science, technology, engineering, and mathematics; ``(C) school supplies and other items that enable students to participate in curricular and extra- curricular programs; or ``(D) activities that were available to Indian students under contracts entered into under this Act before October 1, 2012; ``(2) to establish targeted, culturally sensitive, dropout prevention activities; and ``(3) to purchase equipment to facilitate-- ``(A) training for professional trade skills; and ``(B) intensified college preparation programs. ``(d) Computation of Awards.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall base the amount that an eligible entity receives under a contract entered into under subsection (b) for any fiscal year on the number of eligible Indian students of the eligible entity, as determined by the Secretary under paragraph (2). ``(2) Determination of number of eligible indian students.-- ``(A) In general.--The Secretary shall determine the number of eligible Indian students of an eligible entity in accordance with this paragraph. ``(B) Initial determination.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a report describing the number of potentially eligible Indian students of each eligible entity, using data described in subparagraph (D) from, as determined by the Secretary, the most applicable, accurate, and current of-- ``(i) the Bureau of the Census; or ``(ii) the National Center for Education Statistics. ``(C) Reconciliation.--After publishing the report under subparagraph (B), the Secretary, in coordination with the Director of the Bureau of Indian Education, shall consult with entities party to a contract under subsection (b)-- ``(i) to establish a process to reconcile the data described in the report published under subparagraph (B) with-- ``(I) data described in subparagraph (D) of entities party to a contract under subsection (b); and ``(II) tribal enrollment information; and ``(ii) to determine an accurate number of eligible Indian students of each eligible entity. ``(D) Data use.-- ``(i) In general.--Subject to clause (ii), the Secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection (b) to determine the number of eligible Indian students. ``(ii) New contractors.--To determine the number of eligible Indian students of an entity party to a contract under subsection (b) that the Secretary recognized as an eligible entity during or after fiscal year 2012, the Secretary shall, for the first year of the period of time covered by the contract, use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection (b). ``(3) Hold harmless.--An eligible entity that educates or serves eligible Indian students attending a public school that has been afforded supplemental services under a contract under this Act that took effect during or before fiscal year 1995 shall receive an amount under a contract entered into under subsection (b) equal to or greater than the amount that the eligible entity would have received under the contract entered into under this Act during or before fiscal year 1995, for a period of time ending not sooner than 2 years after the date of enactment of this section. ``(4) Funding reform.--The Secretary shall submit to Congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this Act per Indian student to the amount of funds available through contracts under this Act per Indian student during fiscal year 1995. ``(e) Additional Considerations.-- ``(1) Geographic coverage and enhanced participation.--In entering into contracts under subsection (b), the Secretary shall, to the maximum extent practicable, ensure-- ``(A) full geographic coverage; and ``(B) the full participation of eligible entities. ``(2) Increased participation of eligible entities.--To the maximum extent practicable, the Secretary shall-- ``(A) contact and consult with Indian tribes and school districts with significant populations of eligible Indian students that have not previously contracted under this Act; and ``(B) determine the interest in and eligibility for administering services under this Act of the Indian tribes and school districts described in subparagraph (A). ``(3) Complementary program participants.--In entering into contracts under subsection (b), the Secretary may give preference to a consortium of tribal organizations, including a consortium of tribal organizations that includes a Tribal College or University, to encourage as many students and professionals as possible to benefit from the program established under subsection (b). ``(f) Annual Report.--The Secretary shall include in the budget request of the Department of the Interior for each fiscal year an annual assessment of the program established under subsection (b). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities; (2) establish targeted, culturally sensitive, dropout prevention activities; and (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Athletics Accountability Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) 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) Girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, are more likely to have a positive body image than female non-athletes, and are half as likely to experience an unintended pregnancy as compared to female non- athletes. Girls who participate in sports have higher graduation rates, receive better grades, and are less likely to smoke or use illegal drugs. (3) Sports participation effectively combats obesity, which is particularly significant given that one in six girls are obese or overweight and African-Americans and Hispanic girls face even greater risks. (4) Despite advances in athletic opportunities for women and girls since the passage of title IX of the Education Amendments of 1972, discrimination still limits athletic opportunities for females in interscholastic and intercollegiate athletics. Girls comprise 49 percent of the high school population, but receive only 41 percent of all interscholastic athletic participation opportunities nationwide. This translates into 1,300,000 fewer opportunities to play high school sports for girls than for boys. These lost participation opportunities also result in the loss of athletic scholarships that make it possible for many girls and young women to attend college. (5) There is ample evidence that girls' teams often receive inferior benefits and services when they do play, in areas such as overall budgets; travel; equipment; uniforms; facilities, including locker rooms, fields, and practice and competitive facilities; training and medical services; publicity; access to coaches; and scheduling of practices, games, and sports seasons. (6) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school levels, students may be deprived of opportunities to play sports and to receive athletic scholarships to attend college. (7) Students, parents, and schools should be aware of the athletic opportunities and benefits available to male and female students so that they can work to enhance athletic opportunities for all and address any inequities. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that information about the allocation of athletic opportunities and benefits at the elementary and secondary school levels is available to all students. (2) To promote equal opportunities for both boys and girls to engage in school-sponsored athletics. (3) To provide boys and girls with equal access to the physical, psychological, health and other benefits that result from playing sports. 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 students that attended the school and for each student an identification of such student's-- ``(A) sex; ``(B) race; and ``(C) ethnicity. ``(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-- ``(i) sex; ``(ii) race; and ``(iii) ethnicity. ``(B) The year the team began. ``(C) The total expenditures for each team from school and nonschool sources, including a listing of the following data for each team: ``(i) Expenditures for travel. ``(ii) Expenditures for equipment (including any equipment replacement schedule). ``(iii) Expenditures for uniforms (including any uniform replacement schedule). ``(iv) Expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. ``(v) Expenditures for training and medical facilities and services. ``(vi) Expenditures for publicity for competitions (including press guides, press releases, game programs, and publicity personnel). ``(D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(i) sex; ``(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) sex; ``(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) 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.--On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall-- ``(1) make available to students, potential students, and the public, upon request, the information contained in each report by the school under this section by October 15 of each school year; and ``(2) ensure that all students at the school and members of the relevant community 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 the data required under this section are posted on the Department of Education's Web site 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 2009, notify all elementary and secondary schools in all States about the requirements under subsection (c) and issue guidance to all elementary and secondary schools on how to collect and report the information required under this section.''.

High School Athletics Accountability Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools that participate in any ESEA program to annually: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available, upon request, to their students, potential students, and the public. Directs the Commissioner to ensure that such data are posted on the Department of Education's Web site within a reasonable period of time.

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 ``Full Funding for IDEA Now Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to attain the Federal Government's goal under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) of providing 40 percent of the national current average per pupil expenditure to assist States and local educational agencies with the excess costs of educating children with disabilities and to make such funding mandatory. SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(a)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: ``(2) Minimum amounts.--The minimum amount of the grant a State is entitled to receive under this section for a fiscal year is-- ``(A) the number of children with disabilities in the State who are receiving special education and related services-- ``(i) aged 3 through 5 if the State is eligible for a grant under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) 40 percent of the average current per-pupil expenditure in public elementary and secondary schools in the United States. ``(3) No individual entitlement.--Paragraph (2) shall not be interpreted to entitle any individual to assistance under any State program, project, or activity funded under this part.''. (b) Conforming Amendments.--(1) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411) is amended by striking subsection (j). (2) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411), as amended by paragraph (1), is further amended-- (A) in subsection (b)(1), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve not more than one percent, which shall be used'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use not more than one percent''; (B) in subsection (c), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use''; (C) in subsection (d)-- (i) in paragraph (1)-- (I) by striking ``(1) In general.--''; and (II) by striking ``paragraph (2) or subsection (e), as the case may be'' and inserting ``subsection (e)''; and (ii) by striking paragraph (2); (D) in subsection (e)-- (i) in the heading, by striking ``Permanent''; (ii) in paragraph (1)-- (I) by striking ``subsection (d)(1)'' and inserting ``subsection (d)''; and (II) by inserting after ``subsection (j)'' the following: ``(as such subsection was in effect on the day before the date of the enactment of the Full Funding for IDEA Now Act of 2003)''; and (iii) in paragraph (3)(B)-- (I) in clause (ii)-- (aa) in subclause (I)(bb), by striking ``amount appropriated under subsection (j)'' and inserting ``amount available to carry out this part (other than section 619)''; (bb) in subclause (II)(bb), by striking ``appropriated'' and inserting ``available''; and (cc) in subclause (III)(bb), by striking ``appropriated'' and inserting ``available''; and (II) in clause (iii)(II), by striking ``appropriated'' and inserting ``available''; (E) in subsection (g)-- (i) in paragraph (2)-- (I) by striking subparagraph (A); (II) by striking ``(B) Permanent procedure.--''; (III) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subparagraphs (A) and (B) and clauses (i) and (ii), respectively; and (IV) in subparagraph (B) (as redesignated), by striking ``clause (i)'' and inserting ``subparagraph (A)''; and (ii) in paragraph (3)(A)-- (I) in clause (i)(I), by striking ``appropriated'' and inserting ``available''; (II) in clause (ii), by striking ``appropriated'' and inserting ``available''; and (F) in subsection (i)(3)(A), by striking ``appropriated under subsection (j)'' and inserting ``available to carry out this part (other than section 619)''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003.

Full Funding for IDEA Now Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to specify a mandatory minimum level of Federal grant payments to States for assistance for education of all children with disabilities.Sets such level at 40 percent of the average current per-pupil expenditure in public and secondary schools in the United States multiplied by the number of children with disabilities in the State who are receiving special education and related services: (1) aged three through five if the State is eligible for an IDEA preschool grant; and (2) aged six through 21.

To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation $1 Coin Act''. SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM. Section 5112 of title 31, United States Code, is amended by inserting after subsection (v) the following new subsection: ``(w) Redesign and Issuance of $1 Coins Honoring Innovation, Innovators, and Pioneers From Each State, the District of Columbia, and Each Territory.-- ``(1) Redesign beginning in 2017.-- ``(A) In general.--Notwithstanding subsection (d)(1) and subsection (d)(2) and in accordance with the provisions of this subsection, during the 14-year period beginning on January 1, 2017 (or such later date as provided under subparagraph (B)(ii)), the Secretary of the Treasury shall mint and issue $1 coins to be known as `American Innovation $1 coins', that-- ``(i) have designs on the obverse selected in accordance with paragraph (2)(A); and ``(ii) have a design on the reverse selected in accordance with paragraph (2)(B). ``(B) Continuity provisions.-- ``(i) In general.--Notwithstanding subparagraph (A), the Secretary shall continue to mint and issue $1 coins honoring Native Americans and their contributions in accordance with subsection (r). ``(ii) First year.--Notwithstanding subparagraph (A), if the Secretary finds that it is not feasible and cost-effective to mint and issue American Innovation $1 coins beginning in 2017, the Secretary may mint and issue $1 coins bearing the designs of such Presidential $1 coins issued pursuant to subsection (n) that the Secretary determines to be appropriate. If any such Presidential $1 coin design bore the inscription `In God We Trust' incused on the edge, the Secretary shall modify the design to place that inscription on the coin's obverse only, and such modification may be done without review by the Citizens Coinage Advisory Committee nor consultation with the Commission of Fine Arts. ``(C) Definition of territory.--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. ``(2) Design requirements.--Notwithstanding subsection (d)(1) and subsection (d)(2), the $1 coins issued in accordance with paragraph (1)(A) shall meet the following design requirements: ``(A) Coin obverse.--The design on the obverse of each coin issued under this subsection shall contain-- ``(i) a design symbolic of Liberty; and ``(ii) the inscription `In God We Trust'. ``(B) Coin reverse.--The design on the reverse of each coin issued under this subsection shall bear the following: ``(i) An image or images emblematic of one of the following from one of the 50 States, the District of Columbia, or the territories of the United States: ``(I) A significant innovation. ``(II) An innovator or pioneer. ``(III) A group of innovators or pioneers. ``(ii) The name of the State, the District of Columbia, or territory, as applicable. ``(iii) The inscriptions `$1' and `United States of America'. ``(C) Edge-incused inscriptions.-- ``(i) In general.--The inscription of the year of minting or issuance of the coin and the inscription `E Pluribus Unum' shall be edge- incused into the coin. ``(ii) Preservation of distinctive edge.-- The edge-incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired. ``(3) Issuance of coins commemorating innovation, innovators, and pioneers.-- ``(A) Order of issuance.--The coins issued under this subsection commemorating either an innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each State, the District of Columbia, or a territory shall be issued in alphabetic order of the State, the District, or territory represented, starting with Alabama. ``(B) Issuance of coins commemorating four innovations, innovators, and pioneers during each of 14 years.-- ``(i) In general.--Four $1 coin designs as described in this subsection shall be issued during each year of the period referred to in paragraph (1) until one coin featuring one innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each of the States, the District of Columbia, and territories has been issued. ``(ii) Number of coin designs in each year.--The Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of $1 coins that shall be issued with each of the designs selected for each year of the period referred to in paragraph (1). ``(iii) Application in event of the admission of additional states.-- Notwithstanding clause (i), if any additional State or territory is admitted into the Union before the end of the 14-year period referred to in paragraph (1), the Secretary of the Treasury may issue $1 coins, in accordance with this subsection during any one year of such 14- year period, in addition to the four $1 coins issued during such year in accordance with clause (i). ``(iv) Application in the event of independence.--Notwithstanding paragraph (3)(B)(i), if any State or territory becomes independent or otherwise ceases to be a State or territory of the United States before $1 coins are minted pursuant to this subsection, the subsection shall cease to apply with respect to such State or territory. ``(4) Selection of concept and design.-- ``(A) Concept.--With respect to each State, the District of Columbia, and territory to be honored with a coin under this subsection, the selection of the significant innovation, innovator or pioneer, or group of innovators or pioneers to be borne on the reverse of such coin shall be made by the Secretary of the Treasury, after consultation with the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection. ``(B) Design.--Each of the designs required under this subsection shall be selected by the Secretary after-- ``(i) consultation with-- ``(I) the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection; and ``(II) the Commission of Fine Arts; and ``(ii) review by the Citizens Coinage Advisory Committee. ``(C) Selection and approval process.--Designs for $1 coins under this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(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 $1 coin 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 coin issued under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all $1 coins minted under this subsection shall be considered to be numismatic items. ``(6) Issuance of numismatic coins.--The Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(7) Termination of program.--The issuance of coins under this subsection shall terminate when one innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each State, the District of Columbia, and territory has been honored and may not be resumed except by an Act of Congress.''.

American Innovation $1 Coin Act This bill directs the Department of the Treasury to mint and issue American Innovation $1 coins commemorating an innovation, an individual innovator or pioneer, or a group of innovators or pioneers from each state, the District of Columbia, and U.S. territory. Four such coins shall be issued each year for 14 years until one coin for each of the states, the District of Columbia, and the territories has been issued. Such coins shall be issued in alphabetic order of the jurisdiction represented.

American Innovation $1 Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act of 2005''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.-- (1) Repeal of 50 percent requirement.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (2) Computation.--Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (b) Repeal of Phase-in of Concurrent Receipt for Retirees With Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of such section is amended by striking ``except that'' and all that follows and inserting ``except-- ``(A) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and ``(B) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2005.''. (c) Clerical Amendments.-- (1) The heading for section 1414 of such title is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(2) has a combat-related disability.''. (b) Amendments to Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Qualified retirees.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended-- (A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``a qualified retiree''; and (B) by adding at the end the following new paragraph: ``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is also entitled for that month to veterans' disability compensation.''. (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date.

Retired Pay Restoration Act of 2005 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Makes the 2004 through 2013 phase-in limitations for the concurrent receipt of such pay for qualified retirees with service-connected disabilities rated as total applicable: (1) only during 2004 for retirees with a 100 percent disability; and (2) only during 2004 and 2005 for retirees with a total disability by reason of unemployability. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.

To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Exemption for Washington from Obamacare Act''. SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) by striking the subparagraph heading and inserting the following: ``(D) Members of congress, congressional staff, and political appointees in the exchange.--''; (2) in clause (i), in the matter preceding subclause (I)-- (A) by striking ``and congressional staff with'' and inserting ``, congressional staff, the President, the Vice President, and political appointees with''; and (B) by striking ``or congressional staff shall'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee shall''; (3) in clause (ii)-- (A) in subclause (II), by inserting after ``Congress,'' the following: ``of a committee of Congress, or of a leadership office of Congress,''; and (B) by adding at the end the following: ``(III) Political appointee.--In this subparagraph, the term `political appointee' means any individual who-- ``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; ``(cc) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; or ``(dd) is employed in or under the Executive Office of the President in a position that is excluded from the competitive service by reason of its confidential, policy- determining, policy-making, or policy-advocating character.''; and (4) by adding at the end the following: ``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. ``(iv) Limitation on amount of tax credit or cost-sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. ``(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange.''.

No Exemption for Washington from Obamacare Act Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees.

No Exemption for Washington from Obamacare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seasonal Influenza and Pandemic Preparation Act of 2005''. SEC. 2. FREE INFLUENZA VACCINE PROGRAM. (a) Establishment.--The Secretary shall establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any Federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. (b) Participating Entities.-- (1) Reimbursement.--An entity described in subsection (a) that elects to provide vaccines to individuals through the program shall be reimbursed for the costs of administering such vaccines by the Secretary at the rate determined by the Secretary for such vaccine for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or at such higher rate, including cost-based reimbursement, as determined appropriate by the Secretary. Such reimbursement may include the costs of practice expenses or other costs associated with the administration of the influenza vaccine. (2) Limitation on charges.--An entity participating in the program shall not charge a co-payment or apply any other cost- sharing requirements associated with the administration of influenza vaccines, including any co-payment or other cost- sharing for the visit associated with the administration of such vaccine. (3) Voluntary participation.--Participation by an entity in the program shall be voluntary. (c) Public-Private Partnerships.-- (1) Grants.--The Secretary shall award grants to State and local health departments, public hospitals, Federally qualified health centers, and other entities to facilitate the establishment of influenza vaccination programs in partnership with private entities, including retail outlets, pharmacies, faith-based organizations, private employers, and others as determined appropriate by the Secretary. (2) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (3) Reimbursement.--An entity participating in a program under a grant under this subsection may request reimbursement from the Secretary under the program under subsection (a) in addition to the amounts received under the grant. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $500,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. (d) School Partnerships.-- (1) Grants to public entities.-- (A) In general.--The Secretary shall award grants to local health departments, public hospitals, Federally qualified health centers, and other entities to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions (including private institutions and Head Start programs). (B) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (2) Grants to schools.--The Secretary shall award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program. (3) Limitation on charges.--Any influenza vaccination provided to an individual under this subsection shall be at no cost to the individual. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $150,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. (e) Immunization Plans.--The Secretary, under the programs under titles XVIII, XIX, and XXI of the Social Security Act, shall develop an immunization plan with immunization target numbers for the respective populations served under the program under each such title. The Secretary shall provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans. SEC. 3. VOLUNTEER VACCINE CORPS. (a) Establishment.--The Secretary shall establish a Volunteer Vaccine Corps (referred to in this section as the ``Corps'') to facilitate the distribution and provision of vaccines to individuals under any voluntary influenza vaccination program established by a State or local entity. (b) Activation and Assignment of Members.-- (1) Activation.--The members of the Corps shall be activated by the Secretary upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act related to an influenza outbreak (including a seasonal outbreak). (2) Assignment.--Upon activation, members of the Corps shall be assigned to State and local entities to carry out the provisions of a State or local voluntary influenza vaccination program during such emergency. (3) Requests.--The Secretary may request members of the Corps from a State or territory to participate in the vaccination program of another State or territory. The Secretary shall enter into agreements with such States to accept licensure and certification from such other States for the purpose of carrying out activities under an influenza vaccination program. (c) Participation.-- (1) In general.--All duly licensed or certified health professionals, including retired health professionals, as determined appropriate by the Secretary, may participate in the Corps under procedures established by the Secretary and after passing an approved training course developed by the Secretary. (2) Database.--The Secretary, in cooperation and consultation with State and local entities, shall maintain a database of Corps members. Such database shall, with respect to each Corps member, include contact information, appropriate licensure or certification information, and other information the Secretary determines necessary to perform the activities of the Corps. (d) Training Grants.--The Secretary shall award grants to State and local public health departments, Federally qualified health centers, public and private hospitals, and other entities for the training of Corps members. (e) Liability.--Members of the Corps, when performing their duties under an activation and assignment by the Secretary under subsection (b) shall only be subject to liability for their actions under such assignment as provided for under the Federal Tort Claims Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. SEC. 4. PUBLIC OUTREACH. (a) In General.--The Director of the Centers for Disease Control and Prevention shall establish and implement a national public affairs campaign, to be carried out through radio, television, print, and other media and methods determined appropriate by the Secretary, to increase influenza immunization rates. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. SEC. 5. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the national voluntary influenza vaccination program established under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Seasonal Influenza and Pandemic Preparation Act of 2005 - Requires the Secretary of Health and Human Services to establish a national voluntary influenza vaccination program to provide free influenza vaccines. Requires the Secretary to reimburse participating entities for the cost of administering such vaccines. Requires the Secretary to award grants to health departments, public hospitals, federally qualified health centers, and other entities to facilitate: (1) the establishment of influenza vaccination programs in partnership with private entities; and (2) the development of influenza vaccination programs for students and families of students. Requires the Secretary to: (1) award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program; (2) develop an immunization plan with immunization target numbers for Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP); (3) provide bonus payments to eligible health care providers and other entities who meet such immunization targets; (4) establish a Volunteer Vaccine Corps to facilitate the distribution of vaccines during a public health emergency related to an influenza outbreak; (5) maintain a database of Corps members; and (6) award grants for the training of Corps members. Limits the liability of Corps members when performing their duties. Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national public affairs campaign to increase influenza immunization rates.

A bill to provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines.

SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY. (a) General Rules.-- (1) Rollover of airline payment amount.--If a qualified airline employee receives any airline payment amount and transfers any portion of such amount to a traditional IRA within 180 days of receipt of such amount (or, if later, within 180 days of the date of the enactment of this Act), then such amount (to the extent so transferred) shall be treated as a rollover contribution described in section 402(c) of the Internal Revenue Code of 1986. A qualified airline employee making such a transfer may exclude from gross income the amount transferred, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. (2) Transfer of amounts attributable to airline payment amount following rollover to roth ira.--A qualified airline employee who made a rollover of an airline payment amount to a Roth IRA pursuant to section 125 of the Worker, Retiree, and Employer Recovery Act of 2008, may transfer to a traditional IRA all or any part of the Roth IRA attributable to such rollover, and the transfer to the traditional IRA will be deemed to have been made at the time of the rollover to the Roth IRA, if such transfer is made within 180 days of the date of the enactment of this Act. A qualified airline employee making such a transfer may exclude from gross income the airline payment amount previously rolled over to the Roth IRA, to the extent an amount attributable to the previous rollover was transferred to a traditional IRA, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. (3) Extension of time to file claim for refund.--A qualified airline employee who excludes an amount from gross income in a prior taxable year under paragraph (1) or (2) may reflect such exclusion in a claim for refund filed within the period of limitation under section 6511(a) (or, if later, April 15, 2011). (b) Treatment of Airline Payment Amounts and Transfers for Employment Taxes.--For purposes of chapter 21 of the Internal Revenue Code of 1986 and section 209 of the Social Security Act, an airline payment amount shall not fail to be treated as a payment of wages by the commercial passenger airline carrier to the qualified airline employee in the taxable year of payment because such amount is excluded from the qualified airline employee's gross income under subsection (a). (c) Definitions and Special Rules.--For purposes of this section-- (1) Airline payment amount.-- (A) In general.--The term ``airline payment amount'' means any payment of any money or other property which is payable by a commercial passenger airline carrier to a qualified airline employee-- (i) under the approval of an order of a Federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, and (ii) in respect of the qualified airline employee's interest in a bankruptcy claim against the carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount. The amount of such payment shall be determined without regard to any requirement to deduct and withhold tax from such payment under sections 3102(a) and 3402(a). (B) Exception.--An airline payment amount shall not include any amount payable on the basis of the carrier's future earnings or profits. (2) Qualified airline employee.--The term ``qualified airline employee'' means an employee or former employee of a commercial passenger airline carrier who was a participant in a defined benefit plan maintained by the carrier which-- (A) is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code, and (B) was terminated or became subject to the restrictions contained in paragraphs (2) and (3) of section 402(b) of the Pension Protection Act of 2006. (3) Traditional ira.--The term ``traditional IRA'' means an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) which is not a Roth IRA. (4) Roth ira.--The term ``Roth IRA'' has the meaning given such term by section 408A(b) of such Code. (d) Surviving Spouse.--If a qualified airline employee died after receiving an airline payment amount, or if an airline payment amount was paid to the surviving spouse of a qualified airline employee in respect of the qualified airline employee, the surviving spouse of the qualified airline employee may take all actions permitted under section 125 of the Worker, Retiree and Employer Recovery Act of 2008, or under this section, to the same extent that the qualified airline employee could have done had the qualified airline employee survived. (e) Effective Date.--This section shall apply to transfers made after the date of the enactment of this Act with respect to airline payment amounts paid before, on, or after such date.

Allows commercial airline employees who were participants in a tax-exempt defined benefit pension plan of a commercial airline that was terminated or otherwise restricted to transfer to a traditional individual retirement account (IRA) any amount received from the airline resulting from a bankruptcy proceeding filed after September 11, 2001, and before January 1, 2007. Excludes from the gross income of such employees any such amount received from an airline.

To provide for rollover treatment to traditional IRAs of amounts received in airline carrier bankruptcy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Price Gouging Act of 2005''. SEC. 2. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended-- (1) by redesignating sections 25 and 26 (15 U.S.C. 57c, 58) as sections 26 and 27, respectively; and (2) by inserting after section 24 (15 U.S.C. 57b-5) the following: ``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS. ``(a) Definitions.--In this section: ``(1) Affected area.--The term `affected area' means an area affected by a major disaster declared by the President under Federal law in existence on the date of enactment of this subsection. ``(2) Price gouging.--The term `price gouging' means the charging of an unconscionably excessive price by a supplier in an affected area. ``(3) Supplier.--The term `supplier' means any person that sells gasoline or diesel fuel for resale or ultimate consumption. ``(4) Unconscionably excessive price.--The term `unconscionably excessive price' means a price charged in an affected area for gasoline or diesel fuel that-- ``(A) represents a gross disparity, as determined by the Commission in accordance with subsection (e), between the price charged for gasoline or diesel fuel and the average price of gasoline or diesel fuel charged by suppliers in the affected area during the 30-day period immediately before the President declares the existence of a major disaster; and ``(B) is not attributable to increased wholesale or operational costs incurred by the supplier in connection with the sale of gasoline or diesel fuel. ``(b) Determination of the Commission.--Following the declaration of a major disaster by the President, the Commission shall-- ``(1) consult with the Attorney General, the United States Attorney for the district in which the disaster occurred, and State and local law enforcement officials to determine whether any supplier in the affected area is charging or has charged an unconscionably excessive price for gasoline or diesel fuel provided in the affected area; and ``(2) establish within the Commission-- ``(A) a toll-free hotline that a consumer may call to report an incidence of price gouging in the affected area; and ``(B) a program to develop and distribute to the public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging. ``(c) Price Gouging Involving Disaster Victims.-- ``(1) Offense.--During the 180-day period after the date on which a major disaster is declared by the President, no supplier shall sell, or offer to sell, gasoline or diesel fuel in an affected area at an unconscionably excessive price. ``(2) Action by commission.-- ``(A) In general.--During the period described in paragraph (1), the Commission shall conduct investigations to determine whether any supplier in an affected area is in violation of paragraph (1). ``(B) Positive determination.--If the Commission determines under subparagraph (A) that a supplier is in violation of paragraph (1), the Commission shall take any action the Commission determines to be appropriate to remedy the violation. ``(3) Civil penalties.--A supplier that commits an offense described in paragraph (1) may, in a civil action brought in a court of competent jurisdiction, be subject to-- ``(A) a civil penalty of not more than $500,000; ``(B) an order to pay special and punitive damages; ``(C) an order to pay reasonable attorney's fees; ``(D) an order to pay costs of litigation relating to the offense; ``(E) an order for disgorgement of profits earned as a result of a violation of paragraph (1); and ``(F) any other relief determined by the court to be appropriate. ``(4) Criminal penalty.--A supplier that knowingly commits an offense described in paragraph (1) shall be imprisoned not more than 1 year. ``(5) Action by victims.--A person, Federal agency, State, or local government that suffers loss or damage as a result of a violation of paragraph (1) may bring a civil action against a supplier in any court of competent jurisdiction for disgorgement, special or punitive damages, injunctive relief, reasonable attorney's fees, costs of the litigation, and any other appropriate legal or equitable relief. ``(6) Action by state attorneys general.--An attorney general of a State, or other authorized State official, may bring a civil action in the name of the State, on behalf of persons residing in the State, in any court of competent jurisdiction for disgorgement, special or punitive damages, reasonable attorney's fees, costs of litigation, and any other appropriate legal or equitable relief. ``(7) No preemption.--Nothing in this section preempts any State law. ``(d) Report.--Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing-- ``(1) the number of price gouging complaints received by the Commission for each major disaster declared by the President during the preceding year; ``(2) the number of price gouging investigations of the Commission initiated, in progress, and completed as of the date on which the report is prepared; ``(3) the number of enforcement actions of the Commission initiated, in progress, and completed as of the date on which the report is prepared; ``(4) an evaluation of the effectiveness of the toll-free hotline and program established under subsection (b)(2); and ``(5) recommendations for any additional action with respect to the implementation or effectiveness of this section. ``(e) Definition of Gross Disparity.--Not later than 180 days after the date of enactment of this subsection, the Commission shall promulgate regulations to define the term `gross disparity' for purposes of this section.''. SEC. 3. EFFECT OF ACT. Nothing in this Act, or an amendment made by this Act, affects any authority of the Federal Trade Commission in existence on the date of enactment of this Act with respect to price gouging actions.

Price Gouging Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following the declaration of a major disaster by the President in order to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging. Prohibits unconscionably excessive prices for any gasoline or diesel fuel in an affected area during the 180-day period after the date on which a major disaster is declared by the President. Subjects violations of this Act to specified civil and criminal penalties. Authorizes victims and state Attorneys General to bring a civil action against violators of this Act.

A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Partnership Program Enhancement Act of 2015''. SEC. 2. MODIFICATION AND EXTENSION OF NATIONAL GUARD STATE PARTNERSHIP PROGRAM. (a) Authority.--Subsection (a)(1) of section 1205 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 897; 32 U.S.C. 107 note) is amended-- (1) by striking ``whose primary functions include disaster response or emergency response,''; and (2) by adding at the end before the period the following: ``to support the national interests and security cooperation goals and objectives of the United States as defined by the current and evolving national global strategic policies of the United States''. (b) Limitation.--Subsection (b) of such section is amended by striking ``whose primary functions include disaster response or emergency response''. (c) Regulations.--Subsection (c) of such section is amended to read as follows: ``(c) Regulations.-- ``(1) Role of chief of the national guard bureau.--The Chief of the National Guard Bureau shall-- ``(A) establish, maintain, and update as appropriate a list of core competencies of the National Guard to support each program established under subsection (a), collectively and for each State and territory, and shall submit to the Secretary of Defense and the Secretary of State the list of core competencies of the National Guard and additional information needed to make use of such core competencies; and ``(B) designate a director for each State and territory who shall be responsible for the conduct of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program. ``(2) Role of secretary of defense.--The Secretary of Defense shall ensure that regulations to carry out this section include planning, coordinating, and execution requirements with the commanders of applicable combatant commands and that activities under a program established under subsection (a) meet the relevant theater security cooperation objectives. ``(3) Role of secretary of state.--The Secretary of State shall ensure that the regulations to carry out this section include planning, coordinating, and execution requirements with the relevant chiefs of mission and that activities under a program established under subsection (a) meet the diplomatic objectives of the Department of State.''. (d) National Guard State Partnership Program Fund.--Subsection (d) of such section is amended to read as follows: ``(d) National Guard State Partnership Program Fund.-- ``(1) Establishment.--There is hereby established on the books of the Treasury the National Guard State Partnership Program Fund (in this subsection referred to as the `Fund'). ``(2) Credits to fund.--There shall be credited to the Fund the following: ``(A) Amounts authorized for and appropriated to the Fund. ``(B) Amounts that the Secretary of Defense transfers, in such amounts as provided in appropriations Acts, to the Fund from amounts authorized and appropriated to the Department of Defense, including amounts authorized to be appropriated for the Army National Guard and the Air National Guard. ``(3) Use of amounts in fund.--In such amounts as provided in appropriations Acts, the Secretary of Defense may use amounts in the Fund-- ``(A) for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a), including costs for personnel, training, operations, and equipment; and ``(B) for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a). ``(4) Limitations.-- ``(A) Active duty requirement.--Amounts shall not be available under paragraph (3) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation. ``(B) Incremental expenses.--The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (3)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.''. (e) Annual Report.--Subsection (e) of such section is amended-- (1) by striking ``(e) Reports and Notifications.--'' and all that follows through ``(B) Matters to be included.--'' and inserting the following: ``(e) Annual Report.-- ``(1) In general.--Not later than January 31 of each year following a fiscal year in which activities under a program established under subsection (a) are carried out, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on such activities under the program. ``(2) Matters to be included.--''; (2) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and adjusting the margin of such subparagraphs, as so redesignated, two ems to the left; and (3) in paragraph (2) (as redesignated)-- (A) in subparagraph (C) (as redesignated), by inserting ``or other government organizations'' after ``and security forces''; (B) in subparagraph (D) (as redesignated), by adding at the end before the period the following: ``or chief of mission''; (C) in subparagraph (E) (as redesignated), by adding at the end before the period the following: ``or how the activities support the chief of mission with responsibilities for the country in which the activities occurred''; and (D) by adding at the end the following: ``(F) A performance review of activities conducted during the previous year using metrics developed by the Chief of the National Guard Bureau.''. (f) Definitions.--Subsection (g) of such section is amended-- (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following: ``(2) Core competencies.--The term `core competencies' or `core competencies of the National Guard' means military-to- military and military-to-civilian skills and capabilities of the National Guard that would contribute the purpose of the program established under subsection (a).''; and (3) by adding at the end the following: ``(4) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (g) Repeal of Termination.--Such section is further amended by striking subsection (i).

State Partnership Program Enhancement Act of 2015 Amends the National Defense Authorization Act for Fiscal Year 2014 to revise and extend indefinitely the authority of the Department of Defense (DOD) to establish exchange programs for members of the National Guard under the National Guard State Partnership Program (SPP). (Currently, the authority is scheduled to terminate on September 30, 2016.) Requires the National Guard Bureau to: (1) maintain a list of core competencies of the National Guard to support SPP activities, and (2) designate a director for each state and territory. Requires DOD to coordinate SPP regulations with combatant commanders to ensure that program activities meet theater security cooperation objectives. Requires the Department of State to coordinate such regulations with relevant chiefs of mission to meet diplomatic objectives. Establishes the National Guard State Partnership Program Fund in the Treasury, into which appropriated amounts shall be credited and transferred for program activity uses, including payment of costs for personnel, training, operations, and equipment.

State Partnership Program Enhancement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2008'' or the ``HEATR Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2009, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2009, and ``(ii) the dollar amount contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for 2009 by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2009 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2008, exceeds ``(ii) the CPI fuel component for October of 2007. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If the dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2010.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Unemployment Compensation Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of the Temporary Extended Unemployment Compensation Act of 2002. Sec. 3. Entitlement to additional weeks of temporary extended unemployment compensation. Sec. 4. Application of revised rate of insured unemployment. Sec. 5. Additional TEUC extended benefit period trigger. Sec. 6. Additional weeks of benefits for workers in high unemployment States. Sec. 7. Effective date. SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002. (a) Six-Month Extension of Program.--Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended to read as follows: ``SEC. 208. APPLICABILITY. ``(a) In General.--Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment-- ``(1) beginning after the date on which such agreement is entered into; and ``(2) ending before July 1, 2003. ``(b) Transition.--In the case of an individual who is receiving temporary emergency unemployment compensation for the week which immediately precedes July 1, 2003, temporary emergency unemployment compensation shall continue to be payable to such individual for any week thereafter from the account from which such individual received compensation for the week which includes such termination date. No compensation shall be payable by reason of the preceding sentence for any week beginning after October 14, 2003.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21). SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. Paragraph (1) of section 203(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended to read as follows: ``(1) In general.--The amount established in an account under subsection (a) shall be equal to 26 times the individual's weekly benefit amount for the benefit year.''. SEC. 4. APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT. Section 207 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended-- (1) by striking ``In this title, the terms'' and inserting the following: ``In this title: ``(1) General definitions.--The terms''; and (2) by adding at the end the following new paragraph: ``(2) Adjusted insured unemployment rate.--For weeks of unemployment beginning on or after the date of enactment of the Emergency Unemployment Compensation Act of 2002, the term `rate of insured unemployment' has the meaning given that term in section 203(e)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), except that individuals exhausting their right to regular compensation during the most recent 3 calendar months for which data are available before the close of the period for which such rate is being determined shall be taken into account as if they were individuals filing claims for regular compensation for each week during the period for which such rate is being determined.''. SEC. 5. ADDITIONAL TEUC EXTENDED BENEFIT PERIOD TRIGGER. (a) In General.--Section 203(c) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended by adding at the end the following new paragraph: ``(3) Additional extended benefit period trigger.-- ``(A) In general.--Effective with respect to compensation for weeks of unemployment beginning on or after the date of enactment of the Emergency Unemployment Compensation Act of 2002, an agreement under this title shall provide that, in addition to any other extended benefit period trigger, for purposes of beginning or ending any extended benefit period under this section-- ``(i) there is a State `on' indicator for a week if-- ``(I) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equals or exceeds 6 percent; and ``(II) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; and ``(ii) there is a State `off' indicator for a week if either the requirements of subclause (I) or (II) of clause (i) are not satisfied. ``(B) No effect on other determinations.-- Notwithstanding the provisions of any agreement described in subparagraph (A), any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator. ``(C) Determinations made by the secretary.--For purposes of this subsection, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustment) shall be made by the Secretary.''. (b) Conforming Amendment.--Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended by inserting ``or (3)'' after ``paragraph (2)''. SEC. 6. ADDITIONAL WEEKS OF BENEFITS FOR WORKERS IN HIGH UNEMPLOYMENT STATES. Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended by striking ``an amount equal to the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's weekly benefit amount for the benefit year''. SEC. 7. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to weeks of unemployment beginning on or after the date of enactment this Act.

Emergency Unemployment Compensation Act of 2002 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before July 1, 2003 (currently January 1, 2003).Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks).Provides an additional seven weeks of TEUCA benefits for workers in high unemployment States (entitling them to a total of 33, which is 20 weeks beyond the current 13).Applies a revised adjusted insured unemployment rate State trigger. Sets an additional TEUCA benefit period State trigger based on total unemployment rate.

A bill to provide economic security for America's workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Advances in scientific knowledge reveal that our nearest living relatives, great apes (including chimpanzees, bonobos, gorillas, orangutans and gibbons), bear an exceedingly close genetic relationship to humans. (2) Great apes are highly intelligent and social animals and research laboratory environments involving invasive research cannot meet their complex social and psychological needs. (3) Confinement of great apes for purposes of invasive research causes these intelligent and sentient animals to experience harmful stress and suffering, such as profound depression and withdrawal, self mutilation that can result in physical wounding, hair pulling, rocking, and other traumatized or psychotic behaviors. (4) Invasive research performed on great apes, and the breeding of great apes for these purposes, are economic in nature and substantially affect interstate commerce. (5) 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. (6) The total costs associated with great ape research have a direct economic impact on interstate commerce. (7) Care in a research laboratory for a single great ape over the lifespan of the great ape of more than 50 years can cost between $300,000 and $500,000, compared to an approximate cost of $275,000 for high quality care in a sanctuary. (8) An overwhelming majority of invasive research procedures performed on great apes involve some element of interstate commerce, such that great apes, equipment, and researchers have traveled across state lines. (9) The regulation of animals and activities as provided in this Act are necessary to effectively regulate interstate and foreign commerce. (10) Australia, Austria, Japan, the Netherlands, New Zealand, Sweden, and the United Kingdom have banned or severely limited experiments on great apes and several other countries and the European Union are considering similar bans as well. (11) The National Research Council (NRC) report entitled ``Chimpanzees in Research and 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 as a means of general chimpanzee population control is unacceptable; and (D) sanctuaries should be created to house chimpanzees in a manner consistent with high standards of lifetime care, social enrichment, and cognitive development. (12) In December 2000, the Chimpanzee Health Improvement, Maintenance, and Protection (CHIMP) Act was signed into law, requiring the Federal Government to provide for permanent ``retirement'' of chimpanzees who are identified ``as no longer being needed in research''. (13) In May 2007, the National Institutes of Health's National Center for Research Resources' (NCRR) decided to permanently end funding for the breeding of Government-owned chimpanzees for research. (b) Purposes.--The purpose of this Act is to-- (1) prohibit invasive research and the funding of such research both within and outside of the United States on great apes; (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 permanent retirement of federally owned great apes. SEC. 3. PROHIBITIONS. (a) Invasive Research Prohibition.--No person shall conduct invasive research on a great ape. (b) Federal Funding Prohibition.--No Federal funds may be used to conduct invasive research on a great ape. (c) Transport Prohibition.--No person shall knowingly import, export, transport, move, deliver, receive, possess, rent, loan, purchase, or sell a great ape for the purpose of conducting invasive research on such great ape. (d) Breeding Prohibition.--No person shall breed a great ape for use in invasive research. (e) 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 benefit of the great ape. SEC. 4. RETIREMENT. (a) In General.--Subject to subsection (b), the Secretary of Health and Human Services shall provide for the permanent retirement of all great apes owned or under the control of the Federal Government that have been used for invasive research. (b) Exception.--The Secretary of Health and Human Services may provide for the euthanizing of a great ape owned or under the control of the Federal Government that has been used for invasive research if euthanasia is in the best interests of such great ape, as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian. SEC. 5. DEFINITIONS. In this Act: (a) Great Ape.--The term ``great ape'' includes a chimpanzee, gorilla, bonobo, orangutan, or gibbon. (b) Invasive Research.--The term ``invasive research''-- (1) means any experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to a great ape, including-- (A) the testing of any drug or intentional exposure to a substance that may be detrimental to the health of a great ape; (B) research that involves penetrating or cutting the body or removing body parts, restraining, tranquilizing, or anesthetizing a great ape; or (C) isolation, social deprivation, or other experimental physical manipulations that may be detrimental to the health or psychological well-being of a great ape; and (2) does not include-- (A) close observation of natural or voluntary behavior of a great ape, provided that the research does not require removal of the great ape from the social group or environment of such great ape or require an anesthetic or sedation event to collect data or record observations; or (B) post-mortem examination of a great ape following the natural death of such great ape. (c) Permanent Retirement.--The term ``permanent retirement''-- (1) 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; and (2) does not include euthanasia. (d) Person.--The term ``person'' means-- (1) an individual, corporation, partnership, trust, association, or any other private entity, (2) any officer, employee, agent, department, or instrumentality of the Federal Government, a State, municipality, or political subdivision of a State; or (3) any other entity subject to the jurisdiction of the United States. (e) Suitable Sanctuary.--The term ``suitable sanctuary'' means-- (1) the system referred to in section 481C(a) of the Public Health Service Act (42 U.S.C. 287a-3a(a)); or (2) a comparable privately funded sanctuary approved by the Secretary of Health and Human Services. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date that is 3 years after the date of the enactment of this Act.

Great Ape Protection Act - Prohibits: (1) persons from conducting invasive research on great apes; (2) federal funds from being used to conduct such research; (3) persons from knowingly importing, exporting, transporting, moving, delivering, receiving, possessing, renting, loaning, purchasing, or selling great apes for such research; and (4) persons from breeding great apes for use in such research. Declares that this Act does not limit or prevent individualized medical care performed on great apes by licensed veterinarians for the benefit of the great apes. Requires the Secretary of Health and Human Services (HHS) to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that have been used for invasive research. Authorizes the Secretary to provide for the euthanizing of such apes if it is in their best interest as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian. Defines "invasive research" to mean experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes. Excludes: (1) close observation of natural or voluntary behavior, provided that it does not require the removal of apes from their social group or environment or require an anesthetic or sedation event to collect data or record observations; or (2) post-mortem examinations of great apes following their natural death.

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 ``Earmark Elimination Act of 2018''. SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS. (a) Prohibition.-- (1) In general.--It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, or conference report if the bill, joint resolution, amendment, or conference report, or any accompanying report or joint explanatory statement of managers, includes a congressional earmark, limited tax benefit, or limited tariff benefit. (2) Procedure.--If a point of order is raised under paragraph (1) with respect to a congressional earmark, limited tax benefit, or limited tariff benefit and the point of order is sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the measure involved. (3) Special procedure for conference report and amendments between the houses.-- (A) In general.--If a point of order is raised and sustained under paragraph (1) with respect to a conference report or a motion that the House recede from its disagreement to a Senate amendment and concur therein, with or without amendment, then after disposition of all such points of order the conference report or motion, as the case may be, shall be considered as rejected and the matter remaining in disagreement shall be disposed of under subparagraph (B) or (C), as the case may be. (B) Conference reports.--After the House has sustained one or more points of order under paragraph (1) with respect to a conference report-- (i) if the conference report accompanied a House measure amended by the Senate, the pending question shall be whether the House shall recede and concur in the Senate amendment with an amendment consisting of so much of the conference report as was not rejected; and (ii) if the conference report accompanied a Senate measure amended by the House, the pending question shall be whether the House shall insist further on the House amendment. (C) Motions.--After the House has sustained one or more points of order under paragraph (1) with respect to a motion that the House recede and concur in a Senate amendment, with or without amendment, the following motions shall be privileged and shall have precedence in the order stated: (i) A motion that the House recede and concur in the Senate amendment with an amendment in writing then available on the floor. (ii) A motion that the House insist on its disagreement to the Senate amendment and request a further conference with the Senate. (iii) A motion that the House insist on its disagreement to the Senate amendment. (b) Determination by House.--If a point of order is raised under this section and the Chair is unable to ascertain whether a provision constitutes a congressional earmark, limited tax benefit, or limited tariff benefit, the Chair shall put the question to the House and the question shall be decided without debate or intervening motion. (c) Conforming Amendment.--Rule XXI of the Rules of the House of Representatives is amended by striking clause 9. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``congressional earmark'' means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or congressional district, other than through a statutory or administrative formula-driven or competitive award process; (2) the term ``limited tax benefit'' means-- (A) any revenue-losing provision that-- (i) provides a Federal tax deduction, credit, exclusion, or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (B) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986; and (3) the term ``limited tariff benefit'' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.

Earmark Elimination Act of 2018 This bill establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit, as defined by the bill. If the point of order is successfully raised and sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the legislation.

Earmark Elimination Act of 2018

SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES. (a) In General.--Section 102 of the Internal Revenue Code of 1986 (relating to gifts and inheritances) is amended by adding at the end the following new subsection: ``(d) Tips Received for Certain Services.-- ``(1) In general.--For purposes of subsection (a), tips received by an individual for qualified services performed by such individual shall be treated as property transferred by gift. ``(2) Qualified services.--For purposes of this subsection, the term `qualified services' means cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper deliveries and shoe shine services. ``(3) Annual limit.--The amount excluded from gross income for the taxable year by reason of paragraph (1) with respect to each service provider shall not exceed $10,000. ``(4) Employee taxable on at least minimum wage.--Paragraph (1) shall not apply to tips received by an employee during any month to the extent that such tips-- ``(A) are deemed to have been paid by the employer to the employee pursuant to section 3121(q) (without regard to whether such tips are reported under section 6053), and ``(B) do not exceed the excess of-- ``(i) the minimum wage rate applicable to such individual under section 6(a)(1) of the Fair Labor Standards Act of 1938 (determined without regard to section 3(m) of such Act), over ``(ii) the amount of the wages (excluding tips) paid by the employer to the employee during such month. ``(5) Tips.--For purposes of this title, the term `tips' means a gratuity paid by an individual for services performed for such individual (or for a group which includes such individual) by another individual if such services are not provided pursuant to an employment or similar contractual relationship between such individuals.''. (b) Exclusion From Social Security Taxes.-- (1) Paragraph (12) of section 3121(a) of such Code is amended to read as follows: ``(12)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (2) Paragraph (10) of section 209(a) of the Social Security Act is amended to read as follows: ``(10)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d) of the Internal Revenue Code of 1986 for such month;''. (3) Paragraph (3) of section 3231(e) of such Code is amended to read as follows: ``(3) Solely for purposes of the taxes imposed by section 3201 and other provisions of this chapter insofar as they relate to such taxes, the term `compensation' also includes cash tips received by an employee in any calendar month in the course of his employment by an employer if the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d).''. (c) Exclusion From Unemployment Compensation Taxes.--Subsection (s) of section 3306 of such Code is amended to read as follows: ``(s) Tips Not Treated as Wages.--For purposes of this chapter, the term `wages' shall include tips received in any month only to the extent includible in gross income after the application of section 102(d) for such month.''. (d) Exclusion From Wage Withholding.--Paragraph (16) of section 3401(a) of such Code is amended to read as follows: ``(16)(A) as tips in any medium other than cash; ``(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A) of such Code are each amended by striking ``tips'' and inserting ``tips (to the extent includible in gross income after the application of section 102(d))''. (f) Effective Date.--The amendments made by this section shall apply to tips received after the calendar month which includes the date of the enactment of this Act.

Amends the Internal Revenue Code to treat the first $10,000 of tips received for cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper delivery, and shoe shine services as property transferred by gift, thus exempting such tips from income, employment, and unemployment taxation and from wage withholding.

To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Openness in Political Expenditures Now Act'' or the ``OPEN Act''. SEC. 2. DISCLOSURE BY CORPORATIONS AND LABOR ORGANIZATIONS TO SHAREHOLDERS AND MEMBERS OF DISBURSEMENTS FOR POLITICAL ACTIVITY. (a) Disclosure Required.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``SEC. 325. DISCLOSURES BY CORPORATIONS AND LABOR ORGANIZATIONS TO SHAREHOLDERS AND MEMBERS OF INFORMATION ON DISBURSEMENTS FOR CERTAIN POLITICAL ACTIVITY. ``(a) Including Information in Regular Periodic Reports.-- ``(1) In general.--A corporation which submits regular, periodic reports to its shareholders and a labor organization which submits regular, periodic reports to its members shall include in each such report, in a clear and conspicuous manner, the information described in paragraph (2) with respect to the disbursements made by the corporation or labor organization for covered political activity during the period covered by the report, but only if the amount of the disbursement made for such activity during the period covered by the report equals or exceeds the applicable threshold for the activity described in paragraph (3). ``(2) Information described.--The information described in this paragraph is, for each disbursement for covered political activity-- ``(A) the date of the disbursement; ``(B) the amount of the disbursement; ``(C) in the case of a disbursement consisting of an independent expenditure or an electioneering communication, or in the case of a covered political activity described in subsection (c)(3), the name of the candidate identified in the independent expenditure or electioneering communication involved, the Commission ID assigned to the candidate, and the office sought by the candidate; and ``(D) in the case of a covered political activity described in subsection (c)(4), the identification of the association or organization to whom the disbursement was made, and the Commission ID (if any) assigned to the association or organization. ``(3) Applicable threshold for disclosure.--For purposes of paragraph (1), the `applicable threshold' with respect to a disbursement for covered political activity during a period covered by a report is as follows: ``(A) In the case of covered political activity consisting of an independent expenditure, $250. ``(B) In the case of covered political activity consisting of an electioneering communication or a communication described in subsection (c)(3), $10,000. ``(C) In the case of covered political activity consisting of a payment described in subsection (c)(4), the amount of the limitation on contributions which is in effect under section 315(a)(1)(C) as of the last day of the period. ``(b) Submission of Statement to Commission.-- ``(1) Submission of statement.--If a corporation or labor organization includes information in a report pursuant to this section, at the time the corporation or labor organization submits the report to its shareholders or members, the corporation or labor organization shall file a statement with the Commission consisting of the information included in the report pursuant to this section. ``(2) Hyperlink to information.-- ``(A) Requiring posting of hyperlink.--If a corporation or labor organization maintains an Internet site, the corporation or labor organization shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the statement filed by the corporation or labor organization under paragraph (1). ``(B) Deadline; duration of posting.--The corporation or labor organization shall post the hyperlink described in subparagraph (A) not later than 24 hours after the Commission posts the statement filed by the corporation or labor organization under paragraph (1) on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the corporation or labor organization until the expiration of the 1-year period which begins on the date of the election with respect to which the disbursements included in the statement are made. ``(c) Covered Political Activity Defined.--In this section, the term `covered political activity' means each of the following: ``(1) An independent expenditure (as defined in section 301(17)). ``(2) An electioneering communication (as defined in section 304(f)(3)). ``(3) A communication which would be treated as an electioneering communication under section 304(f)(3) if the communication had been a broadcast, cable, or satellite communication. ``(4) The payment of dues or other amounts to a trade association or to a section 501(c)(4) organization. ``(d) Other Definitions.--In this section, the following definitions apply: ``(1) The term `corporation' means any corporation which is subject to section 316(a). ``(2) The term `labor organization' has the meaning given such term in section 316. ``(3) The term `section 501(c)(4) organization' means any organization described in paragraph (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to reports described in section 325(a)(1) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) which are filed after the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 3. LIMITATION ON ENGAGING IN COVERED POLITICAL ACTIVITIES BY SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 501(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C)(i) Subparagraph (A) shall not apply to an entity for a taxable year if the total expenditures of such entity for the taxable year for covered political activity exceed the lesser of-- ``(I) 10 percent of the total expenditures of such entity for the taxable year, or ``(II) $10,000,000. ``(ii) Subparagraph (A) shall not apply to an entity for a taxable year unless its governing instrument includes provisions the effects of which are to prohibit the expenditures of the entity for a covered political activity from exceeding the threshold specified in clause (i). ``(iii) For purposes of this subparagraph, the term `covered political activity' means-- ``(I) any activity described in paragraphs (1) through (3) of section 325(c) of the Federal Election Campaign Act of 1971; and ``(II) any payment by the entity to any other entity described in this paragraph or to an organization described in paragraph (6) which the payor entity knows, or has reason to know, will be used directly or indirectly by the payee entity or organization for any activity referred to in subclause (I). ``(iv) Clause (i) shall not apply for a taxable year for which the 10 percent threshold specified in clause (i)(I) is exceeded by not more than a de minimis amount if the Secretary determines that the reason for exceeding the threshold was not willful and is due to reasonable cause. ``(v) The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of clause (i), including regulations relating to a direct or indirect transfer of all or part of the assets of an entity to an entity controlled (directly or indirectly) by the same person or persons who control the transferor entity.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Openness in Political Expenditures Now Act or OPEN Act - Amends the Federal Election Campaign Act of 1971 to require a corporation which submits regular, periodic reports to its shareholders and a labor organization which submits similar reports to its members to include in each such report specified information on disbursements it has made for certain political activity (including independent expenditures and electioneering communications) during the period covered by the report. Limits the amount of disbursements reported, however, to the amount that equals or exceeds the applicable threshold for the covered political activity. Defines "applicable threshold" for a disbursement as: (1) $250 for an independent expenditure, (2) $10,000 for an electioneering communication or another kind of communication meeting specified criteria, and (3) the amount of the applicable limitation on contributions in effect for payment of dues or other amounts to a trade association or to a tax-exempt non-profit civic league meeting certain criteria (501[c][4] organization). Requires a corporation or labor organization reporting such expenditures to: (1) file a statement about them with the Election Assistance Commission (EAC), and (2) post on its website (if any) a hyperlink from its homepage to this statement on the EAC website. Amends the Internal Revenue Code to subject a 501(c)(4) organization to the income tax on corporations if: (1) its expenditures for the taxable year for covered political activity exceed the lesser of 10% of its total expenditures or $10 million, and (2) its governing instrument does not effectively prohibit its expenditures for a covered political activity from exceeding these thresholds.

OPEN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistant United States Attorneys Retirement Benefit Equity Act of 1998''. SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS. (a) Civil Service Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (20) of section 8331 of title 5, United States Code, is amended by adding at the end the following: ``such term includes an Assistant United States Attorney;''. (2) Definition of an assistant united states attorney.-- Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``; and'', and by adding after paragraph (26) the following: ``(27) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (b) Federal Employees' Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), by adding ``and'' after the semicolon at the end of subparagraph (D), and by adding after subparagraph (D) the following: ``(E) an Assistant United States Attorney;''. (2) Definition of an assistant united states attorney.-- Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``; and'', and by adding after paragraph (32) the following: ``(33) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (c) Effective Date.--Except as otherwise provided in section 3, this Act and the amendments made by this Act shall take effect on the first day of the first applicable pay period beginning after the expiration of the 90-day period beginning on the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Incumbent Defined.--For purposes of this section, the term ``incumbent'' means an individual first appointed as an Assistant United States Attorney before the effective date of this Act who is serving in that capacity on such effective date. (b) Notice Requirement.--Not later than 6 months after the effective date of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents as to their election rights under this Act, and the consequences of making or not making a timely election. (c) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, either-- (A) to be treated in accordance with the amendments made by this Act; or (B) to be treated in the same way as if this Act had never been enacted. Failure to make a timely election under this subsection shall be treated in the same way as an election under subparagraph (A) made on the last day allowable under paragraph (2). (2) Deadline.--An election under this subsection shall not be effective unless it is made before the 90th day after the date on which the notice under subsection (b) is provided or the date on which the incumbent involved separates from service, whichever is earlier. (3) Interim status.--Notwithstanding any other provision of this Act, no change in the retirement coverage of any incumbent shall occur, by reason of the enactment of this Act, before the date on which an election under paragraph (1)(A) is made (or deemed to have been made). (d) Retroactive Effect.--In the case of any incumbent who elects (or is deemed to have elected) the option under subsection (c)(1)(A), all service performed by such individual as an Assistant United States Attorney shall-- (1) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of title 5, United States Code, as amended by this Act; and (2) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of such title, as if the amendments made by this Act had then been in effect. (e) Makeup Contributions.-- (1) In general.--In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code-- (A) the Department of Justice shall remit to the Office of Personnel Management, in such time, form, and manner as the Office may require, the amount described in paragraph (2); and (B) any amount so remitted shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (2) Amount to be remitted.--The amount described in this paragraph is the total amount of additional individual and Government contributions to the Civil Service Retirement and Disability Fund that would have been required (for all incumbents described in subsection (d), for all service performed by them as an Assistant United States Attorney before the effective date of their election under subsection (c)), if the amendments made by this Act had then been in effect, plus interest. (3) No individual liability.--Nothing in this Act or in chapter 83 or 84 of title 5, United States Code (as amended by this Act) shall be considered to create any individual liability for any shortfall in any contributions required to be made up in the manner provided for under this subsection. (f) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out this Act, including provisions under which any interest due on the amount described in subsection (e) shall be determined. (g) Definition.--For purposes of this section, the term ``Assistant United States Attorney'' means an assistant United States attorney appointed under section 542 of title 28, United States Code.

Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to law enforcement officers. Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys of their election rights under this Act and the consequences of making or not making a timely election. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) in the same way as if this Act had never been enacted. Treats failure to make a timely election in the same way as an election made under the first option on the last day allowable. Makes an election ineffective unless it is made before the 90th day after the date on which the notice is provided or the date on which the incumbent separates from service, whichever is earlier. Applies the amendments made by this Act retroactively in the case of any incumbent who elects the first option and provides for makeup contributions.

Assistant United States Attorneys Retirement Benefit Equity Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Telephone Records Protection Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) customer telephone records may be accessed without authorization of the customer by-- (A) an employee of the telephone company selling the data; (B) ``pretexting'', whereby a data broker or other person pretends to be the owner of the phone and convinces the telephone company's employees to release the data to them; or (C) unauthorized access of accounts via the Internet; and (2) because telephone companies encourage customers to manage their accounts online, many set up the online capability in advance. Many customers never access their Internet accounts, however. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer. SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED ENTITY. (a) Prohibition on Obtaining Confidential Phone Records Information Under False Pretenses.--It shall be unlawful for any person in interstate or foreign commerce to knowingly and intentionally obtain, or attempt to obtain, confidential phone records information of a covered entity, by-- (1) making false or fraudulent statements or representations to an employee of a covered entity; (2) making such false or fraudulent statements or representations to a customer of a covered entity; (3) providing a document to a covered entity knowing that such document is false or fraudulent; or (4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records information relates. (b) Prohibition on Sale or Transfer of Confidential Phone Records Information.-- (1) Except as otherwise permitted by applicable law, it shall be unlawful for any person in interstate or foreign commerce to knowingly and intentionally sell or transfer, or attempt to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently. (2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 (47 U.S.C. 222(d)) shall apply for the use of confidential phone records information by any covered entity, as defined in section 7. (c) Prohibition on Purchase or Receipt of Confidential Phone Records Information.-- (1) Except as otherwise permitted by applicable law, it shall be unlawful for any person in interstate or foreign commerce to knowingly and intentionally purchase or receive, or attempt to purchase or receive, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently. (2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 (47 U.S.C. 222(d)) shall apply for the use of confidential phone records information by any covered entity, as defined in section 7. SEC. 4. NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES. Section 3 shall not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. SEC. 5. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT. Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.--The Commission shall by regulation require each telecommunications carrier to notify the customer of any incidents in which such telecommunications carrier becomes or is made aware in which customer proprietary network information relating to such customer is disclosed to someone other than the customer in violation of this section or section 3 of the Consumer Telephone Records Protection Act of 2006.''. SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. A violation of section 3 shall be treated as an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45). All of the functions and powers of the Federal Trade Commission under that Act are available to the Commission to enforce compliance by any person with such section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of such section in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. SEC. 7. DEFINITIONS. As used in this Act, the following definitions apply: (1) Confidential phone records information.--The term ``confidential phone records information'' means information that-- (A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; (B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or (C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer. (2) Covered entity.--The term ``covered entity''-- (A) has the same meaning given the term ``telecommunications carrier'' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and (B) includes any provider of IP-enabled voice service. (3) Customer.--The term ``customer'' means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. (4) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.

Consumer Telephone Records Protection Act of 2007 - Makes it unlawful for any person in interstate commerce to knowingly and intentionally: (1) obtain confidential phone records information under false pretenses; (2) sell or transfer confidential phone records information without prior authorization from the customer; and (3) receive or purchase confidential phone records information. Provides for Federal Trade Commission (FTC) enforcement of such provisions. Makes such provisions inapplicable to law enforcement agencies. Amends the Communications Act of 1934 to require a telecommunication carrier to notify a customer of any incidents in which proprietary network information relating to such customer is disclosed to someone other than the customer.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognition of Jerusalem as the Capital of the State of Israel Act''. SEC. 2. FINDINGS. Congress finds the following: (1) For more than 3,000 years, the Jewish people have maintained a continuous connection and presence in the land of Israel and their eternal and indivisible capital city of Jerusalem. (2) The State of Israel was established on May 14, 1948, in the wake of World War II in order to serve as a homeland and place of refuge for the Jewish people. (3) From 1948 to 1967, Jerusalem was a divided city and not all Israeli citizens of all faiths were entitled to visit the holy sites, and Jews from other countries were restricted in their access to holy sites in the area controlled by Jordan. In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War, and since 1967, Jerusalem has been a unified city administered by Israel, and persons of all faiths have been guaranteed full access to the holy sites within the city. (4) On July 31, 1988, Jordan relinquished its disputed sovereignty claims to Judea and Samaria and East Jerusalem, and therefore sovereign claims to these areas remain ``disputed'', not ``occupied''. (5) In 1990, Congress unanimously adopted Senate Concurrent Resolution 106, which declares that Congress ``strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic religious group are protected''. (6) In 1995, Congress overwhelmingly approved the Jerusalem Embassy Act (Public Law 104-45), requiring the establishment of the United States Embassy in Jerusalem not later than May 31, 1999. (7) The United States maintains its embassy in the functioning capital in every country except in the State of Israel. (8) Israel has far exceeded the 1907 Hague Regulation as directed by international law. Israel has taken all measures to restore and ensure public order and safety in Jerusalem. (9) Jerusalem has been far safer and more protected under Israel's administration than under any previous authorities. (10) Civil life is entirely present in Jerusalem, and all government institutions and related frameworks are also present, including the Knesset, the Bank of Israel, the Ministry of Foreign Affairs, the Prime Minister's and President's offices, and the Supreme Court. SEC. 3. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL AND RELOCATION OF THE UNITED STATES EMBASSY FROM TEL AVIV TO JERUSALEM. (a) Policy.--It is the policy of the United States to recognize Jerusalem as the undivided capital of the State of Israel, both de jure and de facto. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should recognize the sovereign status of an undivided Jerusalem as the capital of the State of Israel; (2) recognizing Jerusalem as the capital of Israel and transferring the United States Embassy to Jerusalem from Tel Aviv will send a signal of United States commitment and resolve to Israel; (3) the President and the Secretary of State should publicly affirm as a matter of United States policy that Jerusalem must remain the undivided capital of the State of Israel; (4) the President should immediately implement the provisions of the Jerusalem Embassy Act of 1995 (Public Law 104-45), as amended by section 4 of this Act, and begin the process of relocating the United States Embassy in Israel to Jerusalem; and (5) United States officials should refrain from any actions that contradict United States law on this subject. (c) Identification of Jerusalem on Government Documents.-- Notwithstanding any other provision of law, any official document of the United States Government which lists countries and their capital cities shall identify Jerusalem as the capital of Israel. (d) Relocation.--Not later than January 1, 2019, the President shall relocate the United States Embassy in Israel to Jerusalem. SEC. 4. AMENDMENT TO THE JERUSALEM EMBASSY ACT OF 1995. (a) Repeal.--Subject to subsection (b) of this section, section 7 of the Jerusalem Embassy Act of 1995 is repealed. (b) Effective Date.--The repeal specified in subsection (a) shall take effect on January 1, 2018. (c) Redesignation.--At the time of the repeal specified in subsection (a), section 8 of the Jerusalem Embassy Act of 1995 shall be redesignated as section 7. SEC. 5. IMPLEMENTATION REPORT. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that-- (1) details the Department of State's plan to implement this Act; (2) includes estimated dates of completion for each phase of the establishment of the United States Embassy in Jerusalem, including-- (A) site identification; (B) land acquisition; (C) architectural, engineering, and construction surveys; (D) site preparation; and (E) construction; and (3) includes an estimate of the funding needed to implement this Act, including all costs associated with establishing the United States Embassy in Jerusalem.

Recognition of Jerusalem as the Capital of the State of Israel Act This bill states that it is U.S. policy to recognize Jerusalem as the undivided capital of Israel. The bill expresses the sense of Congress that: (1) the United States should recognize the sovereign status of an undivided Jerusalem as Israel's capital, (2) recognizing Jerusalem as Israel's capital and transferring the U.S. Embassy to Jerusalem from Tel Aviv will signal U.S. commitment to Israel, (3) the President and the Department of State should affirm as a matter of U.S. policy that Jerusalem must remain Israel's undivided capital, (4) the President should implement the provisions of the Jerusalem Embassy Act of 1995 and begin the process of relocating the U.S. Embassy in Israel to Jerusalem, and (5) U.S. officials should refrain from actions that contradict U.S. law on this subject. The bill states that any official U.S. government document that lists countries and their capital cities should identify Jerusalem as Israel's capital. The President shall relocate the U.S. Embassy in Israel to Jerusalem by January 1, 2019. The Jerusalem Embassy Act of 1995 is amended to eliminate the President's authority, effective January, 1, 2018, to waive certain funding limitations for State Department acquisition and maintenance of buildings abroad until the U.S. Embassy in Jerusalem has officially opened.

Recognition of Jerusalem as the Capital of the State of Israel Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Tax Deduction Act of 2001''. SEC. 2. DEDUCTION FOR HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the sum of the amount paid during the taxable year for-- ``(1) insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents, plus ``(2) unreimbursed prescription drug expenses paid by the taxpayer for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitations and Special Rules.-- ``(1) Employer contributions to cafeteria plans, flexible spending arrangements, and medical savings accounts.--Employer contributions to a cafeteria plan, a flexible spending or similar arrangement, or a medical savings account which are excluded from gross income under section 106 shall be treated for purposes of subsection (a) as paid by the employer. ``(2) Deduction not available for payment of ancillary coverage premiums.--Any amount paid as a premium for insurance which provides for-- ``(A) coverage for accidents, disability, dental care, vision care, or a specified illness, or ``(B) making payments of a fixed amount per day (or other period) by reason of being hospitalized, shall not be taken into account under subsection (a). ``(3) Coordination with deduction for health insurance and prescription drug costs of self-employed individuals.--The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(4) Coordination with medical expense deduction.--The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. ``(c) Definitions.--For purposes of this section-- ``(1) Medical care.-- ``(A) In general.--The term `medical care' has the meaning given such term by section 213(d) without regard to-- ``(i) paragraph (1)(C) thereof, and ``(ii) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(B) Exclusion of certain other contracts.--The term `medical care' shall not include insurance if a substantial portion of its benefits are excepted benefits (as defined in section 9832(c)). ``(2) Unreimbursed prescription drug expenses.--The term `unreimbursed prescription drug expenses' means amounts paid or incurred for a prescribed drug (as defined by section 213(d)(3)) the cost of which to the taxpayer is not reimbursed by insurance or otherwise. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Health insurance and prescription drug costs.--The deduction allowed by section 222.''. (c) Clerical Amendments.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Health insurance and prescription drug costs. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to general rule for allowance of deduction for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the sum of-- ``(A) 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents, plus ``(B) unreimbursed prescription drug expenses (within the meaning of section 222(c)(2)) paid during the taxable year by the taxpayer for the taxpayer and the taxpayer's spouse and dependents.''. (b) Clarification of Limitations on Other Coverage.--The first sentence of section 162(l)(2)(B) of such Code is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer.''. (c) Clerical Amendment.--The heading for section 162(l) of such Code is amended by inserting ``and Prescription Drug'' after ``Insurance''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Health Care Tax Deduction Act of 2001 - Amends the Internal Revenue Code to allow all individuals a deduction (not subject to the 7.5 percent medical deduction limitation) for amounts paid for qualifying health insurance and unreimbursed prescription drugs on behalf of the taxpayer, spouse, and dependents.Provides self-employed individuals not otherwise covered with 100 percent coverage for health insurance and unreimbursed prescription drug costs on behalf of the taxpayer, spouse, and dependents.Coordinates such deductions with existing individual and self-employed medical deduction provisions.

To amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid for health insurance and prescription drug costs of individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. (a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect policies and procedures that-- (1) require that a criminal background check be conducted for each school employee that includes-- (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2) prohibit the employment of a school employee as a school employee if such employee-- (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of-- (i) murder; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency; (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to-- (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency; and (7) allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Fees for Background Checks.-- (1) Charging of fees.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. (2) Administrative funds.--A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees charged for conducting such criminal background check. (c) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``secondary school'', ``local educational agency'', ``State'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School employee.--The term ``school employee'' means-- (A) a person who-- (i) is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B)(i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Protecting Students from Sexual and Violent Predators Act This bill requires a state or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with state law or LEA policies; provide a school employee with a timely process to appeal the results of a background check; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a school employee's recent background check with another LEA that is considering that individual for employment.

Protecting Students from Sexual and Violent Predators Act

SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER COMPANIES PERMITTED. (a) In General.--Section 1504(b) of the Internal Revenue Code of 1986 (defining includible corporation) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. (b) Conforming Amendments.-- (1) Section 1503 of such Code is amended by striking subsection (c) (relating to special rule for application of certain losses against income of insurance companies taxed under section 801) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Section 1504 of such Code is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. (d) Phase-In of Application of Certain Losses Against Income of Insurance Companies.--For taxable years beginning after December 31, 2000, and before January 1, 2007-- (1) In general.--If-- (A) an affiliated group includes 1 or more domestic insurance companies each of which is subject to tax under section 801 of the Internal Revenue Code of 1986, (B) the common parent of such group has elected to treat all such companies as includible corporations, and (C) the consolidated taxable income of the members of the group not taxed under such section 801 results in a consolidated net operating loss for such taxable year, then, under regulations prescribed by the Secretary of the Treasury or his delegate, the amount of such loss which cannot be absorbed in the applicable carryback periods against the taxable income of such members not taxed under such section 801 shall be taken into account in determining the consolidated taxable income of the affiliated group for such taxable year to the extent of the applicable percentage of such loss or the applicable percentage of the taxable income of the members taxed under such section 801, whichever is less. The unused portion of such loss shall be available as a carryover, subject to the same limitations (applicable to the sum of the loss for the carryover year and the loss (or losses) carried over to such year), in applicable carryover years. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: For taxable years beginning in: The applicable percentage is: 2001................................................... 40 2002................................................... 50 2003................................................... 60 2004................................................... 70 2005................................................... 80 2006................................................... 90. (e) Election for Pre-2007 Years of Groups With Insurance Companies.--For taxable years beginning after December 31, 2000, and before January 1, 2007, the common parent of an affiliated group which includes 1 or more domestic insurance companies subject to tax under section 801 of such Code may elect to treat all such insurance companies as corporations which are not includible corporations within the meaning of subsection (b) of section 1504 of such Code, if, as of the date of the enactment of this section-- (1) such affiliated group included 1 or more insurance companies subject to tax under section 801 of such Code, and (2) no additional election was in effect under section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act). (f) No Carryback Before January 1, 2001.--To the extent that a consolidated net operating loss is allowed or increased by reason of the amendments made by this section, such loss may not be carried back to a taxable year beginning before January 1, 2001. (g) Nontermination of Group.--No affiliated group shall terminate solely as a result of the amendments made by this section. (h) Subsidiary Stock Basis Adjustments.--A parent corporation's basis in the stock of a subsidiary corporation shall be adjusted to reflect the preconsolidation income, gain, deduction and loss incurred during a period when such corporations were members of an affiliated group (determined without regard to section 1504(b)(2) of such Code as in effect on the day before the date of enactment of this Act) but were not included in a consolidated return of such group by operation of section 1504(c)(2)(A) of such Code (as in effect on the day before the date of the enactment of this Act). (i) Waiver of 5-Year Waiting Period.--Under regulations prescribed by the Secretary of the Treasury or his delegate, an automatic waiver from the 5-year waiting period for reconsolidation provided in section 1504(a)(3) of such Code shall be granted to any corporation which was previously an includible corporation but was subsequently deemed a nonincludible corporation as a result of becoming a subsidiary of a corporation which was not an includible corporation solely by operation of section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act).

Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.)Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company.

A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Community Radio Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. (2) At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. (3) A commitment to localism--local operations, local research, local management, locally-originated programming, local artists, and local news and events--would bolster radio listening. (4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. (5) In 2003, the average cost to acquire a commercial radio station was more than $2,500,000. (6) In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called ``low-power FM'' or ``LPFM'' to ``enhance locally focused community-oriented radio broadcasting''. (7) Through the creation of LPFM, the Commission sought to ``create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests''. (8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, ``We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.''. (9) Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The FCC based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield. (10) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. (11) In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. (12) The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. (13) Approximately 300 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. (14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. SEC. 3. REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed. SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between-- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. SEC. 5. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS. The Federal Communications Commission when licensing FM translator stations shall ensure-- (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community.

Local Community Radio Act of 2005 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC when licensing FM translator stations to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community.

A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending and Credit Availability Act of 1993''. SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES. (a) Participation Authority.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(22) Loan guarantees in `qualified states'.-- ``(A) In general.--The Administration shall participate in loans to small business concerns located in qualified States on a guaranteed basis in accordance with the provisions of this subsection, except as otherwise specifically provided in this paragraph. ``(B) Guarantee amounts.--The Administration shall participate in loans to small business concerns located in qualified States on a guaranteed basis in an amount equal to-- ``(i) not less than 90 percent of the balance of any loan outstanding at the time of disbursement, if the loan is not less than $200,000, nor more than $500,000; and ``(ii) not less than 95 percent of the balance outstanding at the time of disbursement, if such loan is less than $200,000. ``(C) Temporary exemption from guarantee fees.--The Administration may not collect a guarantee fee from the lending institution or the borrower in connection with participation in a loan on a guaranteed basis in accordance with this paragraph during the first 2 years of such participation. During the third, fourth, and fifth years of participation, such fees may be collected in an amount equal to not more than 1 percent of the outstanding balance of the guaranteed amount. The fee shall be payable by the participating lending institution, and may be charged to the borrower. ``(D) In order to encourage lending institutions and other entities making loans authorized under this subsection to provide loans to small business concerns located in qualified States, such lenders may retain one-half of any fee collected pursuant to subparagraph (C) on loans of not more than $200,000. A participating lender may not retain any fee pursuant to this subparagraph if the amount committed and outstanding to the small business concern would be more than $200,000, unless the amount in excess of $200,000 is an amount that is not approved under the provisions of this paragraph. ``(E) Definitions.--For purposes of this paragraph-- ``(i) the term `qualified State' means any of the several States of the United States and the District of Columbia if, during the 12- month period preceding the date of enactment of this paragraph-- ``(I) not less than 1 insured depository institution located in that State having total assets of not less than $100,000,000 has been closed due to the inability to meet the demands of depositors; or ``(II) not less than 2 insured depository institutions located in that State, having combined total assets of not less than $150,000,000, have been closed due to the inability to meet the demands of depositors; and ``(ii) the term `insured depository institution'-- ``(I) has the same meaning as in section 3 of the Federal Deposit Insurance Act; and ``(II) includes an insured credit union, as defined in section 101 of the Federal Credit Union Act.''. (b) Conforming Amendments.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (6)(A), by inserting ``or loans to assist small business concerns located in qualified States, in accordance with paragraph (22),'' before ``any reasonable doubt''; and (2) in the first sentence of paragraph (18), by inserting before the period ``, except as otherwise provided in paragraph (22)''. SEC. 3. PROGRAM DURATION. This Act, and the amendments made by this Act, shall remain in effect for a period of 5 years, beginning on the date of enactment of this Act.

Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years.

Small Business Lending and Credit Availability Act of 1993