Abhinay123/billsum-summarization-filtered3

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provision.

Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization. Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law. Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law. Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.

A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2002''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (U), by striking ``and'' at the end; (ii) in subparagraph (V)(iii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(W) kidney disease education services (as defined in subsection (ww));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services ``(ww)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis in a center or at home (including vascular access options), and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); or ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)); and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) Not later than April 1, 2003, and annually thereafter, the Secretary shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in paragraph (1)) and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of this subsection.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``, (2)(W)'', after ``(2)(S)''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(12) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.

Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy.

A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2003''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by inserting after paragraph (28) the following new paragraph: ``(29) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.

Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Millennium Classrooms Act''. SEC. 2. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) Expansion of Computer Donations to Public Libraries.-- (1) In general.--Paragraph (6) of section 170(e) of the Internal Revenue Code of 1986 (relating to special rule for contributions of computer technology and equipment for elementary or secondary school purposes) is amended by striking ``qualified elementary or secondary educational contribution'' each place it occurs in the headings and text and inserting ``qualified computer contribution''. (2) Qualified computer contribution defined.--Subclause (II) of section 170(e)(6)(B)(i) of such Code (relating to qualified elementary or secondary educational contribution) is amended by striking ``or'' at the end of subclause (I), by inserting ``or'' at the end of subclause (II), and by inserting after subclause (II) the following new subclause: ``(III) a public library (within the meaning of section 213(2)(A) of the Library Services and Technology Act (20 U.S.C. 9122(2)(A)), as in effect on the date of the enactment of the New Millennium Classrooms Act, established and maintained by an entity described in subsection (c)(1).''. (3) Conforming amendment.--The heading of paragraph (6) of section 170(e) of such Code is amended by striking ``elementary or secondary school purposes'' and inserting ``school and library purposes''. (b) Extension of Age of Eligible Computers.--Clause (ii) of section 170(e)(6)(B) of such Code (defining qualified elementary or secondary educational contribution) is amended-- (1) by striking ``2 years'' and inserting ``3 years'', and (2) by striking ``date'' the first place it appears and all that follows and inserting the following: ``date-- ``(I) the taxpayer acquired or reacquired the property, ``(II) construction of the property is substantially completed in the case of property constructed by the taxpayer for its own use in its trade or business and which is not inventory with respect to the taxpayer, or ``(III) the property was originally sold, leased, or otherwise disposed of by the taxpayer in the case of property reacquired by the taxpayer.''. (c) Reacquired Computers Eligible for Donation.--Clause (iii) of section 170(e)(6)(B) of such Code (defining qualified elementary or secondary educational contribution) is amended by inserting ``, the person from whom the donor reacquires the property,'' after ``the donor''. (d) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act. SEC. 3. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. ``(a) General Rule.--For purposes of section 38, the school and public library computer donation credit determined under this section is an amount equal to 30 percent of the qualified computer contributions made by the taxpayer during the taxable year. ``(b) Increased Percentage for Contributions to Schools or Public Libraries in Empowerment Zones, Enterprise Communities, and Indian Reservations.--In the case of a qualified computer contribution to an educational organization, public library, or entity located in an empowerment zone or enterprise community designated under section 1391 or an Indian reservation (as defined in section 168(j)(6)), subsection (a) shall be applied by substituting `50 percent' for `30 percent'. ``(c) Limitation.--No credit shall be allowed under subsection (a) for the contribution of a computer (as defined in section 168(i)(2)(B)(ii)) if the computer software (as defined in section 197(e)(3)(B)) that serves as the operating system of such computer has not been lawfully installed. ``(d) Qualified Computer Contribution.--For purposes of this section, the term `qualified computer contribution' has the meaning given such term by section 170(e)(6)(B). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply. ``(f) Termination.--This section shall not apply to taxable years beginning on or after the date which is 3 years after the date of the enactment of the New Millennium Classrooms Act.'' (b) Current Year Business Credit Calculation.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the school and public library computer donation credit determined under section 45D(a).''. (c) Disallowance of Deduction by Amount of Credit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for School and Public Library Computer Donations.--No deduction shall be allowed for that portion of the qualified computer contributions (as defined in section 170(e)(6)(B)) made during the taxable year that is equal to the amount of credit determined for the taxable year under section 45D(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(9) No carryback of school and public library computer donation credit before effective date.--No amount of unused business credit available under section 45D may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45C the following: ``Sec. 45D. Credit for computer donations to schools and public libraries.'' (f) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act.

New Millennium Classrooms Act - Amends the Internal Revenue Code to: (1) expand the tax deduction for computer donations by corporations to tax-exempt schools to include donations to public libraries; (2) increase from two to three years the age of computers that can be contributed for such deduction; and (3) allow a business tax credit of 30 percent of the value of computers donated to tax-exempt schools and public libraries. Increases the amount of such credit to 50 percent for contributions to schools or public libraries in empowerment zones, enterprise communities, and Indian reservations.

New Millennium Classrooms Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Personnel War Zone Toxic Exposure Prevention Act''. SEC. 2. IDENTIFICATION OF HEALTH EFFECTS RELATED TO HAZARDOUS DISPOSAL SITE. (a) Establishment.--The Secretary of Defense shall establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site and any negative health effects that may be related to such exposure. The Secretary shall administer such system using existing medical surveillance systems. (b) Notification.--If the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, the Secretary shall-- (1) give notice of the potential exposure to-- (A) the member; (B) the commanding officer of the unit to which the member belonged at the time of potential exposure; and (C) in the case of a member of the National Guard, the Adjutant General of the State concerned; and (2) inform the member that the member may be included in the system required by subsection (a). (b) Registration.--For each member of the Armed Forces notified of a potential exposure under subsection (b), the Secretary shall collect information for purposes of the system required by subsection (a). Such information shall include-- (1) the locations that the member was deployed, including dates of such deployment; (2) the approximate distance of the living and working quarters of the member from a hazardous disposal site; (3) the types of materials disposed of at the site; (4) the length of time the member was exposed to such site; (5) any symptoms experienced by the member while deployed; (6) any symptoms the member experiences at the time of submitting such information to the Secretary; and (7) other information the Secretary considers appropriate. (c) Examination.--Not later than 30 days after the date on which the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, and annually thereafter, the Secretary shall-- (1) provide such member-- (A) a complete physical examination; and (B) consultation and counseling with respect to the results of such physical examination; and (2) ensure that documentation of the potential exposure is placed in the medical record of the member maintained by the Department of Defense. (d) Proposed Capabilities.-- (1) Sufficiency.--The Secretary shall determine if existing medical surveillance systems are sufficient to identify all potential negative health effects resulting from exposure to a hazardous disposal site. (2) Report.--Not later than six months after the date of the enactment of this Act, the Secretary shall submit to Congress a report with any recommendations to change existing medical surveillance systems in order to improve the identification of negative health effects resulting from exposure to a hazardous disposal site. (e) Annual Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing-- (1) the status of implementing the system required by subsection (a); and (2) the incidences of illnesses among members of the Armed Forces notified under subsection (b) and whether such illnesses may have been caused by exposure to a hazardous disposal site. (f) Definitions.--In this section: (1) The term ``existing medical surveillance systems'' means medical surveillance systems and other data in the possession of the Secretary as of the date of the enactment of this Act. (2) The term ``exposure to a hazardous disposal site'' includes the following: (A) Exposure to the fumes emanating from a hazardous disposal site for-- (i) more than one year if the member of the Armed Forces was deployed to a military installation that made use of open pits to burn waste; or (ii) any period of time when exposure to such fumes was intensive. (B) A situation where a member of the Armed Forces with service-related health problems demonstrates significant exposure to fumes emanating from a hazardous disposal site. (3) The term ``hazardous disposal site'' means a location where hazardous methods of disposing of mass amounts of waste were used during Operation Enduring Freedom or Operations Iraqi Freedom, including the use of open pits to burn waste. (4) The term ``member of the Armed Forces'' includes former members of the Armed Forces. SEC. 3. PROHIBITION ON DISPOSAL OF WASTES IN A MANNER THAT PRODUCES DANGEROUS LEVELS OF TOXINS. (a) In General.--The Secretary of Defense shall prohibit the disposal of waste during contingency operations lasting more than six months in a manner that exposes members of the Armed Forces or civilian employees of the Department of Defense to the following: (1) Environmental toxins, including dioxin, benzene, and other carcinogens. (2) Combinations of toxins that may lead to long-term negative health effects. (3) Low levels of toxins that exceed military exposure guidelines for exposures of over one year. (b) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out this section. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of waste disposal techniques used by members of the Armed Forces in Iraq and Afghanistan, including, for each military department, an assessment of the compliance with the regulations required under this section.

Military Personnel War Zone Toxic Exposure Prevention Act - Directs the Secretary of Defense to establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site, as well as any negative health effects that may be related to such exposure. Requires the Secretary to: (1) administer the system using existing medical surveillance systems; (2) notify a member and his or her commanding officer of a potential exposure; (3) for each member notified, collect information for purposes of the system; (4) for each member notified, annually provide a complete physical examination and related consultation and counseling; and (5) determine, and report to Congress on, whether existing surveillance systems are sufficient to identify all potential negative health effects resulting from such exposure.

To require the Secretary of Defense to establish a medical surveillance system to identify members of the Armed Forces exposed to chemical hazards resulting from the disposal of waste in Iraq and Afghanistan, to prohibit the disposal of waste by the Armed Forces in a manner that would produce dangerous levels of toxins, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Standards Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime; (3) such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others; (4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers; (5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional security officers for the protection of people, facilities, and institutions; (6) the trend in the Nation toward growth in such security services has accelerated rapidly; (7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes; (8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; (9) private security officers and applicants for private security officer positions should be thoroughly screened and trained; and (10) standards are essential for the selection, training, and supervision of qualified security personnel providing security services. SEC. 3. DEFINITIONS. In this Act: (1) Employee.--The term ``employee'' includes both a current employee and an applicant for employment. (2) Authorized employer.--The term ``authorized employer'' means any person that-- (A) provides, as an independent contractor, for consideration, the services of private security officers; and (B) is authorized by the Attorney General to obtain information provided by the State or other authorized entity pursuant to this section. (3) Private security officer.-- The term ``private security officer''-- (A) means an individual who performs security services, full- or part-time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes, whose primary duty is to perform security services; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State; (ii) employees whose duties are primarily internal audit or credit functions; (iii) an individual on active duty in the military service; (iv) employees of electronic security system companies acting as technicians or monitors; or (v) employees whose duties primarily involve the secure movement of prisoners. (4) Security services.--The term ``security services'' means the performance of security services as such services are defined by regulations promulgated by the Attorney General. SEC. 4. BACKGROUND CHECKS. (a) In General.-- (1) Submission of fingerprints.--An authorized employer may submit fingerprints or other means of positive identification of an employee of such employer for purposes of a background check pursuant to this Act. (2) Employee rights.-- (A) Permission.--An authorized employer shall obtain written consent from an employee to submit the request for a background check of the employee under this Act. (B) Access.--An employee shall be provided confidential access to information relating to the employee provided pursuant to this Act to the authorized employer. (3) Providing records.--Upon receipt of a background check request from an authorized employer, submitted through the State identification bureau or other entity authorized by the Attorney General, the Attorney General shall-- (A) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and (B) promptly provide any identification and criminal history records resulting from the background checks to the submitting State identification bureau or other entity authorized by the Attorney General. (4) Frequency of requests.--An employer may request a background check for an employee only once every 12 months of continuous employment by that employee unless the employer has good cause to submit additional requests. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including-- (1) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, and destruction of information and audits, and recordkeeping; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. (c) Criminal Penalty.--Whoever falsely certifies that he meets the applicable standards for an authorized employer or who knowingly and intentionally uses any information obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both. (d) User Fees.-- (1) In general.--The Director of the Federal Bureau of Investigation may-- (A) collect fees pursuant to regulations promulgated under subsection (b) to process background checks provided for by this Act; (B) notwithstanding the provisions of section 3302 of title 31, United States Code, retain and use such fees for salaries and other expenses incurred in providing such processing; and (C) establish such fees at a level to include an additional amount to remain available until expended to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. (2) State costs.--Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this Act. (e) State Opt Out.--A State may decline to participate in the background check system authorized by this Act by enacting a law providing that the State is declining to participate pursuant to this subsection. (f) State Standards and Information Provided to Employer.-- (1) Absence of state standard.--If a State participates in the background check system authorized by this Act and has no State standard for qualification to be a private security officer, the State shall notify an authorized employer whether or not an employee has been convicted of a felony, an offense involving dishonesty or false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years. (2) State standard.--If a State participates in the background check system authorized by this Act and has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standard and shall notify the employer of the results.

Private Security Officer Employment Standards Act of 2002 - Permits an authorized employer of private security officers to submit fingerprints or other means of positive identification of an employee or an applicant for a background check. Requires: (1) an employer to obtain an employee's written consent to submit the background check request; and (2) that an employee be provided confidential access to information relating to the employee provided to the employer.Directs the Attorney General, upon receipt of such a request submitted through the State identification bureau or other authorized entity, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any identification and criminal history records.Limits requests to once every 12 months of continuous employment unless the employer has good cause to submit additional requests.Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process background checks; and (2) a State to opt out from participation in the background check system.Sets forth provisions regarding State notification of authorized employers.

A bill to permit reviews of criminal records of applicants for private security officer employment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Enhancements for Needed Drugs Act of 2005''. SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION DRUGS. (a) Review and Reports on Retail Prices of Prescription Drugs.-- (1) Initial review.--The Comptroller General of the United States shall conduct a review of the retail cost of prescription drugs in the United States during 2000 through 2003, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. (2) Subsequent review.--After conducting the review under paragraph (1), the Comptroller General shall continuously review the retail cost of such drugs through April 1, 2006, to determine the changes in such costs. (3) Reports.-- (A) Initial review.--Not later than September 1, 2005, the Comptroller General shall submit to Congress a report on the initial review conducted under paragraph (1). (B) Subsequent review.--Not later than July 1, 2006, January 1, 2007, and July 1, 2007, the Comptroller General shall submit to Congress a report on the subsequent review conducted under paragraph (2). (b) Annual GAO Study and Report on Retail and Acquisition Prices of Certain Prescription Drugs.-- (1) Ongoing study.--The Comptroller General of the United States shall conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with-- (A) the average price at which private health plans acquire each such drug; (B) the average price at which the Department of Defense under the Defense Health Program acquires each such drug; (C) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires each such drug; and (D) the average negotiated price for each such drug that eligible beneficiaries enrolled in a prescription drug plan under part D of title XVIII of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), that provides only basic prescription drug coverage have access to under such plans. (2) Annual report.--Not later than December 1, 2007, and annually thereafter, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Comptroller General determines appropriate. SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND SAVINGS IN COMPARATIVE INFORMATION FOR BASIC MEDICARE PRESCRIPTION DRUG PLANS. Section 1860D-1(c)(3) of the Social Security Act (42 U.S.C. 1395w- 101(c)(3)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following new clause: ``(vi) Average aggregate beneficiary costs and savings.--With respect to plan years beginning on or after January 1, 2007, the average aggregate costs, including deductibles and other cost-sharing, that a beneficiary will incur for covered part D drugs in the year under the plan compared to the average aggregate costs that an eligible beneficiary with no prescription drug coverage will incur for covered part D drugs in the year.''; and (2) by adding at the end the following new subparagraph: ``(C) Average aggregate beneficiary costs and savings information only for basic prescription drug plans.--The Secretary shall not provide comparative information under subparagraph (A)(vi) with respect to-- ``(i) a prescription drug plan that provides supplemental prescription drug coverage; or ``(ii) a Medicare Advantage plan.''. SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) In General.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority To Negotiate Prices With Manufacturers.-- ``(1) In general.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. ``(2) Mandatory responsibilities.--The Secretary shall be required to-- ``(A) negotiate contracts with manufacturers of covered part D drugs for each fallback prescription drug plan under subsection (g); and ``(B) participate in negotiation of contracts of any covered part D drug upon request of an approved prescription drug plan or MA-PD plan. ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to limit the authority of the Secretary under paragraph (1) to the mandatory responsibilities under paragraph (2).''. (b) Effective Date.--The amendment 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 (Public Law 108-173). SEC. 5. NAIC REVIEW AND REPORT ON CHANGES IN MEDIGAP POLICIES THAT PROVIDE COVERAGE OF PRESCRIPTION DRUGS CONTAINED IN THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. (a) In General.--The Secretary of Health and Human Services shall request the National Association of Insurance Commissioners to conduct a review of the changes to the rules relating to medicare supplemental policies that provide prescription drug coverage contained in subsection (v) of section 1882 of the Social Security Act (42 U.S.C. 1395ss), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (b) Impact on Medicare Beneficiaries.--The review conducted pursuant to subsection (a) should focus on the impact the changes described in such subsection will have on medicare beneficiaries. (c) Report.--The Secretary shall request the National Association of Insurance Commissioners to submit to Congress, by not later than January 1, 2006, a report on the review conducted pursuant to subsection (a), together with such recommendations as the National Association of Insurance Commissioners determines appropriate.

Medicare Enhancements for Needed Drugs Act of 2005 - Directs the Comptroller General to review and report to Congress on the retail cost of prescription drugs in the United States during 2000 and 2003, and through April 1, 2006, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. Requires the Comptroller General to conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with: (1) the average prices at which private health plans, the Department of Defense under the Defense Health Program, and the Department of Veterans Affairs acquire each such drug; and (2) the average negotiated price for each such drug that eligible beneficiaries have access to under a Medicare prescription drug plan providing only basic prescription drug coverage. Amends title XVIII (Medicare) of the Social Security Act (SSA) to include in the comparative plan information for beneficiaries under new Medicare part D (Voluntary Prescription Drug Benefit Program) a comparison of average aggregate prescription drug plan beneficiary costs and savings with such costs for a beneficiary with no prescription drug plan. Repeals the prohibition against interference by the Secretary with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors, as well as the requirement of a particular formulary to institute a price structure for the reimbursement of Medicare part D covered drugs. Authorizes the Secretary instead, like other Federal entities that purchase prescription drugs in bulk, to negotiate contracts with manufacturers of covered part D drugs.

A bill to reduce the costs of prescription drugs for medicare beneficiaries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DSHEA Full Implementation and Enforcement Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration (in this Act referred to as the ``FDA'') the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417) (in this Act referred to as ``DSHEA'') was enacted. This Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non- misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (8) The FDA has updated and expanded its system for the reporting, collection, and analysis of dietary supplement adverse events reports. (9) DSHEA provides the FDA with a number of authoritites to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President's budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA. SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)-- (1) $20,000,000 for fiscal year 2005; (2) $30,000,000 for fiscal year 2006; (3) $40,000,000 for fiscal year 2007; (4) $50,000,000 for fiscal year 2008; and (5) $65,000,000 for fiscal year 2009. (b) Appropriation of Funds for Fiscal Year 2005.--There are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), $20,000,000 for fiscal year 2005. (c) Office of Dietary Supplements.--There are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health-- (1) $30,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of the fiscal years 2006 through 2009. (d) Use of Funds.--The Food and Drug Administration shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements. SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY SUPPLEMENTS. (a) In General.--Not later than January 31, 2005, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417). (b) Contents.--The report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency's response. (9) The number of dietary supplement claims determined to be false, misleading, or nonsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs.

DSHEA Full Implementation and Enforcement Act of 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2005 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health. Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; and (2) report annually on DSHEA implementation and enforcement.

To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Health Care Coalition Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2002 survey conducted by the Henry J. Kaiser Family Foundation, 95 percent of the Americans who receive their health care coverage through their employer are enrolled in a managed health care plan, up from 27 percent in 1987. Serious questions have been raised about the quality of care patients are receiving under these plans. (2) Changes in the health care industry have led to an increased concentration of health care plans, including approximately 177 mergers in the last 13 years. This enhanced concentration has given health care plans significant leverage over health care providers and patients. (3) Antitrust laws which prohibit health care professionals from negotiating freely with health care plans infringe on the health care professionals' constitutionally-protected rights of freedom of association and contract. (4) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will create a more equal balance of negotiating power, will promote cooperation, and will enhance the quality of patient care. (5) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will not change the professionals ethical duty to continue to provide medically necessary care to their patients. SEC. 3. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (b) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.--This section applies only to health care professionals 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. (c) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (1) The medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) The medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (4) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (5) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (6) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (7) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (d) Definitions.--For purposes of this section: (1) Federal antitrust laws.--The term ``Federal antitrust laws'' has the meaning the term ``antitrust laws'' 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. (2) Health plan and related terms.-- (A) In general.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (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) Health care professional.--The term ``health care professional'' means an individual who provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications.

Quality Health Care Coalition Act of 2005 - Exempts health care professionals that are negotiating with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided from federal antitrust laws in connection with such negotiations. Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the State Children's Health Insurance Program (SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act.

To ensure and foster continued patient safety and quality of care by exempting health care professionals from the Federal antitrust laws in their negotiations with health plans and health insurance issuers.

SECTION 1. FINDINGS. Congress makes the following findings: (1) On January 19, 1942, 6 weeks after the December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United States Army discharged all Japanese-Americans in the Reserve Officers Training Corps and changed their draft status to ``4C''--the status of ``enemy alien'' which is ineligible for the draft. (2) On January 23, 1942, Japanese-Americans in the military on the mainland were segregated out of their units. (3) Further, on May 3, 1942, General John L. DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese ancestry, whether citizens or noncitizens, to report to assembly centers, where they would live until being moved to permanent relocation centers. (4) On June 5, 1942, 1,432 predominantly Nisei (second generation Americans of Japanese ancestry) members of the Hawaii Provisional Infantry Battalion were shipped from the Hawaiian Islands to Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942, and then shipped to train at Camp McCoy, Wisconsin. (5) The excellent training record of the 100th Infantry Battalion and petitions from prominent civilian and military personnel helped convince President Roosevelt and the War Department to re-open military service to Nisei volunteers who were incorporated into the 442nd Regimental Combat Team after it was activated in February of 1943. (6) In that same month, the 100th Infantry Battalion was transferred to Camp Shelby, Mississippi, where it continued to train and even though the battalion was ready to deploy shortly thereafter, the battalion was refused by General Eisenhower, due to concerns over the loyalty and patriotism of the Nisei. (7) The 442nd Regimental Combat Team later trained with the 100th Infantry Battalion at Camp Shelby in May of 1943. (8) Eventually, the 100th Infantry Battalion was deployed to the Mediterranean and entered combat in Italy on September 26, 1943. (9) Due to their bravery and valor, members of the Battalion were honored with 6 awards of the Distinguished Service Cross in the first 8 weeks of combat. (10) The 100th Battalion fought at Cassino, Italy in January, 1944, and later accompanied the 34th Infantry Division to Anzio, Italy. (11) In May and June of 1944, the battalion was joined by the 442nd Regimental Combat Team, and helped push the German Army north of Rome. (12) The battalion was awarded the Presidential Unit Citation for its actions in battle on June 26-27, 1944. (13) On August 14th, 1944, the 100th Infantry Battalion was formally made an integral part of the 442nd Regimental Combat Team, and fought for the last 9 months of the war with distinction in Italy, southern France, and Germany. (14) The 442nd Regimental became the most decorated unit in United States military history for its size and length of service. (15) The 442nd Regimental Combat Team, and members of the team, received 7 Presidential Unit Citations, 21 Medals of Honor, 52 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, and nearly 10,000 Purple Hearts, among numerous additional distinctions. (16) The United States remains forever indebted to the bravery, valor, and dedication to country these men faced while fighting a 2-fronted battle of discrimination at home and fascism abroad. (17) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion and 442nd Regimental Combat Team, collectively, in recognition of their dedicated service during World War II.

To grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year more than 11,500 children age 2 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 26 children age 4 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $150,000,000 per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only one to two million new cribs sold. Many infants are placed in secondhand, hand-me-down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs. (9) Prohibiting contracting to sell, resell, lease, or sublease unsafe cribs that are not new, or otherwise placing in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purpose.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal-- (1) to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2) to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib. SEC. 3. DEFINITIONS. As used in this Act: (1) Commercial user.-- (A) In general.--The term ``commercial user'' means any person-- (i) who manufactures, sells, or contracts to sell full-size cribs or nonfull-size cribs; or (ii) who-- (I) deals in full-size or nonfull- size cribs that are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-size cribs, including child care facilities and family child care homes; or (II) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or nonfull-size cribs that are not new. (B) Exception.--The term does not include an individual who sells a used crib at a one-time private sale. (2) Crib.--The term ``crib'' means a full-size crib or nonfull-size crib. (3) Full-size crib.--The term ``full-size crib'' means a full-size baby crib as defined in section 1508.1 of title 16, Code of Federal Regulations. (4) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (5) Nonfull-size crib.--The term ``nonfull-size crib'' means a nonfull-size baby crib as defined in section 1509.2(b) of title 16, Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). SEC. 4. REQUIREMENTS FOR CRIBS. (a) Manufacture and Sale of Cribs.--It shall be unlawful for any commercial user-- (1) to manufacture, sell, or contract to sell any full-size crib or nonfull-size crib that is unsafe for any infant using it; or (2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any full-size or nonfull-size crib that is not new and that is unsafe for any infant using it. (b) Provision of Cribs by Lodging Facilities.--It shall be unlawful for any hotel, motel, or similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size crib or nonfull- size crib that is unsafe for any infant using it. (c) Adherence to Crib Safety Standards.--A full-size crib, nonfull- size crib, portable crib, playpen, or play yard shall be presumed to be unsafe under this section if it does not conform to the standards applicable to such product as follows: (1) Part 1508 (commencing with section 1508.1) of title 16, Code of Federal Regulations (requirements for full-size baby cribs). (2) Part 1509 (commencing with section 1509.1) of title 16, Code of Federal Regulations (requirements for nonfull-size baby cribs). (3) American Society for Testing Materials F406 Consumer Safety Specification for Play Yards. (4) American Society for Testing Materials F1169 Consumer Safety Specification for Full-Size Cribs. (5) American Society for Testing Materials F1822 Consumer Safety Specification for Non-Full-Size Cribs. (6) American Society for Testing Materials F966 Consumer Safety Specification for Full-Size and Non-Full-Size Baby Crib Corner Post Extensions. (7) Part 1303 (commencing with section 1303.1) of title 16, Code of Federal Regulations. (8) Any amendments to the regulations or standards specified in paragraphs (1) through (7), or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards specified in such paragraphs. (d) Exception.--This section shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, sublet, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant. (e) Enforcement.--(1) The Consumer Product Safety Commission shall have the power to enforce the provisions of this section as if such provisions were a consumer product safety standard promulgated by the Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (2) A violation of this section shall be considered a prohibited act within the meaning of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068), and shall be subject to the penalties and remedies available for prohibited acts under the Consumer Product Safety Act. SEC. 5. EFFECTIVE DATE. This Act shall become effective 90 days after the date of the enactment of this Act.

Infant Crib Safety Act - Makes it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant. Makes it unlawful for any lodging facility to offer or provide such an unsafe crib. Presumes as unsafe a crib which does not conform to specified standards in the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one. Grants the Consumer Product Safety Commission (CPSC) enforcement powers as if this Act were a consumer product safety standard promulgated by it under the Consumer Product Safety Act. Declares a violation of this Act shall be considered a prohibited act within the meaning of the CPSA, and subject to its penalties and remedies.

A bill to provide for infant crib safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Water Supply Enhancement Act of 2009''. SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 16__. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ``(a) In General.--The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Prado Basin Natural Treatment System Project.''. SEC. 3. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 16__. REGIONAL BRINE LINES. ``(a) Southern California.--The Secretary, under Federal reclamation laws and in cooperation with units of local government, may assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(1) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(2) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $40,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Regional brine lines.''. SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 16__. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Lower Chino dairy area desalination demonstration and reclamation project.''.

Santa Ana River Water Supply Enhancement Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with: (1) the Orange County Water District (the District), to participate in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) local governments, to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Limits the federal share of total project costs. Prohibits using funds provided by the Secretary for operation and maintenance of the projects. Terminates the Secretary's authority to carry out this Act after 10 years.

To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Bioethics Advisory Commission (referred to in this Act as the ``NBAC'') has reviewed the scientific and ethical implications of human cloning and has determined that the cloning of human beings is morally unacceptable; (2) the NBAC recommended that Federal legislation be enacted to prohibit anyone from conducting or attempting human cloning, whether using Federal or non-Federal funds; (3) the NBAC also recommended that the United States cooperate with other countries to enforce mutually supported prohibitions on human cloning; (4) the NBAC found that somatic cell nuclear transfer (also known as nuclear transplantation) may have many important applications in medical research; (5) the Institute of Medicine has found that nuclear transplantation may enable stem cells to be developed in a manner that will permit such cells to be transplanted into a patient without being rejected; (6) the NBAC concluded that any regulatory or legislative actions undertaken to prohibit human cloning should be carefully written so as not to interfere with other important areas of research, such as stem cell research; and (7)(A) biomedical research and clinical facilities engage in and affect interstate commerce; (B) the services provided by clinical facilities move in interstate commerce; (C) patients travel regularly across State lines in order to access clinical facilities; and (D) biomedical research and clinical facilities engage scientists, doctors, and other staff in an interstate market, and contract for research and purchase medical and other supplies in an interstate market. SEC. 3. PURPOSES. It is the purpose of this Act to prohibit any attempt to clone a human being while protecting important areas of medical research, including stem cell research. SEC. 4. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--PROHIBITION ON HUMAN CLONING ``Sec. ``301. Prohibition on human cloning. ``Sec. 301. Prohibition on human cloning ``(a) Definitions.--In this section: ``(1) Human cloning.--The term `human cloning' means asexual reproduction by implanting or attempting to implant the product of nuclear transplantation into a uterus. ``(2) Human somatic cell.--The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development. ``(3) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(4) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(5) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to conduct or attempt to conduct human cloning; ``(2) to ship the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or ``(3) to use funds made available under any provision of Federal law for an activity prohibited under paragraph (1) or (2). ``(c) Protection of Medical Research.--Nothing in this section shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of-- ``(1) nuclear transplantation to produce human stem cells; ``(2) techniques to create exact duplicates of molecules, DNA, cells, and tissues; ``(3) mitochondrial, cytoplasmic or gene therapy; or ``(4) nuclear transplantation techniques to create nonhuman animals. ``(d) Penalties.-- ``(1) In general.--Whoever intentionally violates any provision of subsection (b) shall be fined under this title and imprisoned not more than 10 years. ``(2) Civil penalties.--Whoever intentionally violates paragraph (1), (2), or (3) of subsection (b) shall be subject to a civil penalty of $1,000,000 or three times the gross pecuniary gain resulting from the violation, whichever is greater. ``(3) Civil actions.--If a person is violating or about to violate the provisions of subsection (b), the Attorney General may commence a civil action in an appropriate Federal district court to enjoin such violation. ``(4) Forfeiture.--Any property, real or personal, derived from or used to commit a violation or attempted violation of the provisions of subsection (b), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code. ``(5) Advisory opinions.--The Attorney General shall, upon request, render binding advisory opinions regarding the scope, applicability, interpretation, and enforcement of this section with regard to specific research projects or practices. ``(e) Cooperation With Foreign Countries.--It is the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited under subsection (b). ``(f) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action. ``(g) Preemption of State Law.--The provisions of this section shall preempt any State or local law, that is inconsistent with this section or section 498C of the Public Health Service Act, that prohibits or restricts research regarding, or practices constituting, nuclear transplantation or human cloning.''. (b) Ethical Requirements for Nuclear Transplantation Research.-- Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH. ``(a) Definitions.--In this section: ``(1) Human somatic cell.--The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development. ``(2) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(3) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(4) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(b) Applicability of Federal Ethical Standards to Nuclear Transplantation Research.--Research involving nuclear transplantation shall be conducted in accordance with the applicable provisions of part 46 of title 45, Code of Federal Regulations (as in effect on the date of enactment of the Human Cloning Prohibition Act of 2001). ``(c) Civil Penalties.--Whoever intentionally violates subsection (b) shall be subject to a civil penalty of not more than $250,000. ``(d) Enforcement.--The Secretary of Health and Human Services shall have the exclusive authority to enforce this section.''.

Human Cloning Prohibition Act of 2001 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation for the purpose of human cloning in the United States or elsewhere; and (3) using funds made available under Federal law for any such activity. Authorizes the Attorney General to commence a civil action to enjoin a violation.Provides that nothing in this Act shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited, including nuclear transplantation to produce human stem cells or to create nonhuman animals.Subjects to forfeiture any real or personal property derived from or used to commit a violation.Directs the Attorney General, upon request, to render binding advisory opinions regarding the applicability of such prohibition with respect to specific research projects or practices.Expresses the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on such prohibited activities.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal standards for the protection of human subjects.

A bill to prohibit human cloning while preserving important areas of medical research, including stem cell research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Petroleum Supply Act''. SEC. 2. PURCHASES FROM STRATEGIC PETROLEUM RESERVE BY ENTITIES IN INSULAR AREAS OF UNITED STATES. Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following: ``(j) Purchases From Strategic Petroleum Reserve by Entities in Insular Areas of United States.-- ``(1) Definitions.--In this subsection: ``(A) Binding offer.--The term `binding offer' means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to this Act, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer. ``(B) Category of petroleum product.--The term `category of petroleum product' means a master line item within a notice of sale. ``(C) Eligible entity.--The term `eligible entity' means an entity that owns or controls a refinery that is located within the State of Hawaii. ``(D) Full tanker load.--The term `full tanker load' means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii. ``(E) Insular area.--The term `insular area' means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ``(F) Offering.--The term `offering' means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale. ``(G) Notice of sale.--The term `notice of sale' means the document that announces-- ``(i) the sale of Strategic Petroleum Reserve products; ``(ii) the quantity, characteristics, and location of the petroleum product being sold; ``(iii) the delivery period for the sale; and ``(iv) the procedures for submitting offers. ``(2) In General.--In the case of an offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve-- ``(A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may-- ``(i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of the petroleum product within the category that is the subject of the offering; and ``(ii) submit 1 or more alternative offers, for other categories of the petroleum product, that will be binding if no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and ``(B) at the request of the Governor of the State of Hawaii, a petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting. ``(3) Limitation on quantity.-- ``(A) In general.--In administering this subsection, in the case of each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. ``(B) Portion of quantity of previous imports.--The Secretary may limit the quantity of a petroleum product that the State of Hawaii may purchase through a binding offer at any offering to \1/12\ of the total quantity of imports of the petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative). ``(C) Percentage of offering.--The Secretary may limit the quantity that may be purchased through binding offers at any offering to 3 percent of the offering. ``(4) Adjustments.-- ``(A) In general.--Notwithstanding any limitation imposed under paragraph (3), in administering this subsection, in the case of each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (7), adjust the quantity to be sold to the State of Hawaii in accordance with this paragraph. ``(B) Upward adjustment.--The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is-- ``(i) less than 1 full tanker load; or ``(ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(C) Downward adjustment.--The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(5) Delivery to other locations.--The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, if a petroleum product of similar value or quantity is delivered to the State of Hawaii. ``(6) Standard sales provisions.--Except as otherwise provided in this Act, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum product at competitive sales. ``(7) Eligible entities.-- ``(A) In general.--Subject to subparagraphs (B) and (C) and notwithstanding any other provision of this paragraph, if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to carry out this Act, the eligible entity may act on behalf of the State of Hawaii to carry out this subsection. ``(B) Limitation.--The Governor of the State of Hawaii shall not certify more than 1 eligible entity under this paragraph for each notice of sale. ``(C) Barred company.--If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify the company under this paragraph. ``(7) Supplies of petroleum products.--At the request of the governor of an insular area, the Secretary shall, for a period not to exceed 180 days following a drawdown of the Strategic Petroleum Reserve, assist the insular area in its efforts to maintain adequate supplies of petroleum products from traditional and non-traditional suppliers.''. SEC. 3. REGULATIONS. (a) In General.--The Secretary of Energy shall issue such regulations as are necessary to carry out the amendment made by section 2. (b) Administrative Procedure.--Regulations issued to carry out the amendment made by section 2 shall not be subject to-- (1) section 523 of the Energy Policy and Conservation Act (42 U.S.C. 6393); or (2) section 501 of the Department of Energy Organization Act (42 U.S.C. 7191). SEC. 4. EFFECTIVE DATE. The amendment made by section 2 takes effect on the earlier of-- (1) the date that is 180 days after the date of enactment of this Act; or (2) the date that final regulations are issued under section 3.

Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act with respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve to prescribe guidelines according to which the State of Hawaii may: (1) submit binding offers for (thus becoming entitled to) and purchase categories of such product, receiving, at the Governor's request, first preference in scheduling for lifting; and (2) enter into agreements with eligible entities (local refineries) which may act on the State's behalf. Instructs the Secretary of Energy, at the request of the governor of an insular area, to assist such area in its efforts to maintain adequate petroleum products supplies for a maximum 180-day period.

Emergency Petroleum Supply Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility to Promote Reemployment Act''. SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH DEMONSTRATION PROJECTS. (a) Modification of Numerical Limitation.--Subsection (a) of section 305 of the Social Security Act (42 U.S.C. 505) is amended by inserting ``per year'' after ``10 States''. (b) Clarification of Application Requirements.--Subsection (b) of such section 305 is amended-- (1) by inserting ``or his or her designee'' after ``The Governor of any State''; and (2) by striking paragraph (2) and inserting the following: ``(2) for any waiver requested under subsection (c), a statement describing-- ``(A) the specific provision or provisions of law for which such waiver is requested; and ``(B) the specific aspects of the project to which such waiver would apply and the reasons why it is needed;''. (c) Extension of Eligible Time Period.--Subsection (d) of such section 305 is amended-- (1) in paragraph (2), by striking ``may not be approved'' and inserting ``may not be conducted''; and (2) in paragraph (3), by striking ``December 31, 2015'' and inserting ``December 31, 2021''. (d) Clarification of Demonstration Activities.--Subsection (e) of such section 305 is amended-- (1) in paragraph (1), by striking ``for employer-provided training, such as'' and inserting ``to employers or claimants for employer-provided training or''; and (2) in paragraph (2), by striking ``, not to exceed the weekly benefit amount for each such individual, to pay part of the cost of wages that exceed the unemployed individual's prior benefit level'' and inserting ``that include disbursements promoting retention''. (e) Selection of Qualifying Applications on a First-Come, First- Served Basis.--Subsection (f) of such section 305 is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3); and (2) by inserting before paragraph (2) (as redesignated by this subsection) the following: ``(1) approve completed applications in the order of receipt;''. (f) Termination of Demonstration Projects.--Subsection (g) of such section 305 is amended to read as follows: ``(g) The Secretary of Labor may terminate a demonstration project under this section if the Secretary-- ``(1) determines that the State has violated the substantive terms or conditions of the project; ``(2) notifies the State in writing with sufficient detail describing the violation; and ``(3) determines that the State has not taken action to correct the violation within 90 days after the notification.''. (g) Effective Date; Transition Rule.-- (1) Effective date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition rule.-- (A) In general.--Nothing in this Act shall be considered to terminate or otherwise affect any demonstration project approved under section 305 of the Social Security Act before the date of the enactment of this Act. (B) Original conditions continue to apply.--A demonstration project described in subparagraph (A) shall be conducted in the same manner as if subsections (a) through (f) had not been enacted. SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS. (a) In General.--Section 305 of the Social Security Act (42 U.S.C. 505) is amended by adding at the end the following: ``(i) The Secretary of Labor shall conduct an impact evaluation of each demonstration project conducted under this section, using existing data sources to the extent possible and methodology appropriate to determine the effects of the demonstration project, including on individual skill levels, earnings, and employment retention.''. (b) Cooperation by State.--Section 305(b) of the Social Security Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is further amended by striking paragraphs (5) and (6) and inserting the following: ``(5) a description of the manner in which the State will determine the extent to which the goals and outcomes described in paragraph (3) were achieved; ``(6) assurances that the State will cooperate, in a timely manner, with the Secretary of Labor with respect to the impact evaluation conducted under subsection (i); and''. (c) Reporting.--Not later than 90 days after the end of fiscal year 2018 and each fiscal year thereafter, until the completion of the last evaluation under section 305(i) of the Social Security Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report that includes a description of-- (1) the status of each demonstration project being carried out under this section; (2) the results of the evaluation completed during the previous fiscal year; and (3) the Secretary's plan for-- (A) disseminating the findings of the report to appropriate State agencies; and (B) incorporating the components of successful demonstration projects that reduced benefit duration and increased employment into Federal unemployment law. (d) Public Dissemination.--In addition to the reporting requirements under subparagraph (c), evaluation results shall be shared broadly to inform policy makers, service providers, other partners, and the public in order to promote wide use of successful strategies, including by posting evaluation results on the Internet website of the Department of Labor.

Flexibility to Promote Reemployment Act This bill authorizes the Department of Labor to enter into agreements with 10 states per year (currently, 10 states total) for the purpose of allowing such states to conduct reemployment demonstration projects. In addition to a governor of a state, a designee of a governor may apply for approval of such a project. The allowable project period is extended through December 31, 2021. A demonstration project may include disbursements promoting retention to employers who hire individuals receiving unemployment compensation. Labor must approve completed applications in the order of receipt. Labor may terminate a demonstration project under this bill if it notifies the state in writing with sufficient detail describing the violation and determines that the state has not taken action to correct the violation within 90 days after the notification. The bill directs Labor to evaluate the impact of each demonstration project using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention.

Flexibility to Promote Reemployment Act

SECTION 1. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS. (a) Made Permanent.--Clause (iii) of section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``in 2009 or 2010''. (b) Only for Use Primarily by the Beneficiary.--Clause (iii) of section 529(e)(3)(A) of such Code is amended by striking ``used by the beneficiary and the beneficiary's family'' and inserting ``used primarily by the beneficiary''. (c) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2010. SEC. 2. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS. (a) In General.--Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 is amended by striking the period at the end and inserting ``more frequently than 4 times per calendar year.''. (b) Clerical Amendment.--The heading for paragraph (4) of section 529(b) of such Code is amended by striking ``No investment direction'' and inserting ``Limited investment direction''. (c) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2013. SEC. 3. ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS. (a) In General.--Clause (ii) of section 529(c)(3)(D) of the Internal Revenue Code of 1986 is amended by inserting before the comma at the end the following: ``, except for purposes of calculating the earnings portion of any distribution.''. (b) Effective Date.--The amendment made by this section shall apply to distributions after December 31, 2013. SEC. 4. CONTRIBUTION OF AMOUNTS PREVIOUSLY DISTRIBUTED IN CASE OF WITHDRAWAL FROM SCHOOL. (a) In General.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for contributions relating to withdrawal from school.--In the case of a beneficiary who receives a refund of any qualified higher education expenses from an eligible educational institution in connection with withdrawal from enrollment at such institution, subparagraph (A) shall not apply to that portion of any distribution for the taxable year which is recontributed to a qualified tuition program of which such individual is a beneficiary, but only to the extent such recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount.''. (b) Effective Date.--The amendment made by this section shall apply with respect to distributions after December 31, 2013. SEC. 5. SPECIAL ROLLOVER TO ROTH IRA FROM LONG-TERM QUALIFIED TUITION PROGRAM. (a) In General.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new subparagraph: ``(F) Special rollover to roth ira from long-term qualified tuition program.--For purposes of this section-- ``(i) In general.--In the case of a distribution from a qualified tuition program which has been maintained by an account owner for the 10-year period ending on the date of such distribution-- ``(I) subparagraph (A) shall not apply to any portion of such distribution which, not later than 60 days after such distribution, is paid into a Roth IRA maintained for the benefit of such account owner or the designated beneficiary under such qualified tuition program, and ``(II) such portion shall be treated as a rollover contribution for purposes of section 408A(e). ``(ii) Limitation.--Clause (i) shall only apply to so much of any distribution as does not exceed the lesser of-- ``(I) $25,000, or ``(II) the aggregate amount contributed to the program (and earnings attributable thereto) before the 5-year period ending on the date of the distribution.''. (b) Qualified Rollover Contribution.--Paragraph (1) of section 408A(e) of such Code is amended by striking the period at the end of subparagraph (B) and inserting ``, and'' and by inserting after subparagraph (B) the following new subparagraph: ``(C) from a covered qualified tuition program (as defined in section 529(c)(3)(F)(ii)).''. (c) Effective Date.--The amendments made by this section shall apply with respect to distributions after December 31, 2013.

Amends the Internal Revenue Code, with respect to tax-exempt qualified tuition programs (529 plans), to: (1) make permanent the allowance for computer technology and equipment expenses and require that such technology and equipment be used primarily by the plan beneficiary (formerly, beneficiary and beneficiary's family); (2) allow contributors to a 529 plan or a plan beneficiary to direct plan investments, but not more frequently than four times per calendar year; (3) permit a recontribution to a 529 plan of amounts refunded to a student who withdraws from an educational institution if the recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount; and (4) allow tax-free rollovers to a Roth individual retirement account (Roth IRA) of distributions from a qualified tuition program which has been maintained by the account holder for a 10-year period.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girls Count Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau's 2014 international figures, 1 person in 8--or 12 percent of the total population of the world--is a girl or young woman age 10 through 24. (2) The Census Bureau's data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries have birth registration laws, every year 51,000,000 children under age 5 are not registered at birth, most of whom are girls. (4) A nationally recognized proof of birth system is the key to determining a child's citizenship, nationality, place of birth, parentage, and age. Without such a system, a passport, drivers license, or national identification card is extremely difficult to obtain. The lack of such documentation prevents girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) Without the ability to gain employment and identification necessary to officially participate in these sectors, women and girls are confined to the home and remain unpaid and often-invisible members of society. (6) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (7) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs cannot be accurately gauged. (8) To ensure that women and girls are fully integrated into United States foreign assistance policies and programs, that the specific needs of girls are, to the maximum extent possible, addressed in the design, implementation, and evaluation of development assistance programs, and that women and girls have the power to effect the decisions that affect their lives, all girls should be counted and have access to birth certificates and other official documentation. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage countries to uphold the Universal Declaration of Human Rights and enact laws that ensure girls and boys of all ages are full participants in society, including requiring birth certifications and some type of national identity card to ensure that all citizens, including girls, are counted; (2) enhance training and capacity-building in developing countries, local nongovernmental organizations, and other civil society organizations to effectively address the needs of birth registries in countries where girls are undercounted; (3) include organizations representing children and families in the design, implementation, and monitoring of programs under this Act; and (4) incorporate into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on girls. SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD. (a) Authorization.--The Secretary and the Administrator are authorized to-- (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration as the first and most important life event to be registered; (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls; (3) support programs to help increase property rights, social security, home ownership, land tenure security, and inheritance rights for women; and (4) assist key ministries in the governments of developing countries, including health, interior, youth, and education ministries, to ensure that girls from poor households obtain equitable access to social programs. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator shall coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to urge and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration and identification laws to ensure girls are active participants in the social, economic, legal and political sectors of society in their countries. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator should work with United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. SEC. 5. REPORT. The Secretary and the Administrator shall include in all relevant congressionally mandated reports and documents the following information: (1) To the extent possible, United States foreign assistance and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status in all programs and sectors. (2) A description of how United States foreign assistance and development assistance benefits girls. (3) Information on programs that address the particular needs of girls. SEC. 6. OFFSET. Of the amounts authorized to be appropriated for United States foreign assistance programs of a Federal department or agency that administers such programs for a fiscal year, up to 5 percent of such amounts are authorized to be appropriated to carry out this Act for such fiscal year. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Development assistance.--The term ``development assistance'' means-- (A) assistance under-- (i) chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); (ii) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.); (iii) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.); (iv) title V of the International Security and Development Cooperation Act of 1980 (22 U.S.C. 290h et seq.; relating to the African Development Foundation); and (v) section 401 of the Foreign Assistance Act of 1969 (22 U.S.C. 290f; relating to the Inter-American Foundation); (B) official development assistance under any provision of law; and (C) reconstruction assistance under any provision of law. (3) Foreign assistance.--The term ``foreign assistance'' means any tangible or intangible item provided by the United States Government to a foreign country or international organization under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other Act, including any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, any gift, loan, sale, credit, guarantee, or export subsidy, United States dollars, and any currencies of any foreign country which are owned by the United States Government. (4) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 8. SUNSET. This Act shall expire on the date that is 5 years after the date of the enactment of this Act.

Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women.

Girls Count Act of 2014

SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the historical use by settlers and travelers since the late 1800's of the cemetery known as ``Kingston Cemetery'' in Kingston, Nevada, predates incorporation of the land within the jurisdiction of the Forest Service on which the cemetery is situated; (2) it is appropriate that that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency; (3) in accordance with Public Law 85-569 (commonly known as the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service has conveyed to the Town of Kingston 1.25 acres of the land on which historic gravesites have been identified; and (4) to ensure that all areas that may have unmarked gravesites are included, and to ensure the availability of adequate gravesite space in future years, an additional parcel consisting of approximately 8.75 acres should be conveyed to the county so as to include the total amount of the acreage included in the original permit issued by the Forest Service for the cemetery. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretary''), as soon as practicable after the date of enactment of this Act, shall convey to Lander County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of National Forest System land (including any improvements on the land) known as ``Kingston Cemetery'', consisting of approximately 10 acres and more particularly described as SW1/4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over Forest Development Road #20307B, notwithstanding any future closing of the road for other use. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Termination and reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel in the county shall terminate; (B) title to the parcel shall revert to the Secretary; and (C) the easement granted to the county under subsection (d) shall be revoked. SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the historical use by settlers and travelers since the late 1800's of the cemetery known as ``Maiden's Grave Cemetery'' in Beowawe, Nevada, predates incorporation of the land within the jurisdiction of the Bureau of Land Management on which the cemetery is situated; and (2) it is appropriate that that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this section as the ``Secretary''), as soon as practicable after the date of enactment of this Act, shall convey to Eureka County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of public land (including any improvements on the land) known as ``Maiden's Grave Cemetery'', consisting of approximately 10 acres and more particularly described as S1/2NE1/4SW1/ 4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N., R.49E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over an appropriate access route. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Termination and reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel in the county shall terminate; (B) title to the parcel shall revert to the Secretary; and (C) the easement granted to the county under subsection (d) shall be revoked.

Directs the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued cemetery use.

A bill to direct the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as cemeteries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Care for Seniors Act of 2015''. SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including two years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall analyze such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the data publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclause (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Centers for Medicare & Medicaid Services has inadvertently created a star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w- 23(o)(4)) for Medicare Advantage plans that lacks proper accounting for the socioeconomic status of enrollees in such plans and the extent to which such plans serve individuals who are also eligible for medical assistance under title XIX of such Act; and (2) Congress will work with the Centers for Medicare & Medicaid Services and stakeholders, including beneficiary groups and managed care organizations, to ensure that such rating system properly accounts for the socioeconomic status of enrollees in such plans and the extent to which such plans serve such individuals described in paragraph (1).

Securing Care for Seniors Act of 2015 (Sec. 2) This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct the Department of Health and Human Services (HHS) (in effect, the Centers for Medicare & Medicaid Services [CMS]) to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to Medicare+Choice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10% of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MedicareAdvantage (MA) plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. (Sec. 3) Congress declares that the MA star rating system lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid).

Securing Care for Seniors Act of 2015

SECTION 1. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) RUE.--The term ``RUE'' means the retained use estate entered into by the Jackson Hole Preserve and the United States on September 30, 1983. (3) Park.--The term ``park'' means Virgin Islands National Park. (4) CBI.--The term ``CBI'' means CBI Acquisitions, LLC. (5) Resort.--The term ``Resort'' means Caneel Bay Resort on the island of St. John in Virgin Islands National Park. SEC. 2. LEASE AGREEMENT. (a) Authorization.--The Secretary may enter into a lease agreement with CBI governing the use of property for the continued management and operation of the Resort. (b) Additional Lands.--Any lease entered into pursuant to this Act shall include the property covered by the RUE and any associated property owned by CBI donated to the National Park Service. (c) Terms.--The lease agreement authorized under subsection (a) shall-- (1) require that operations and maintenance of the Resort are conducted in a manner consistent with the preservation and conservation of the resources and values of the Park as well as the best interests of the Resort; (2) be for the minimum number of years practicable to enable the lessee to secure financing for any necessary improvements to the Resort, taking into account the financial obligations of CBI, but in any event shall not exceed 40 years; (3) prohibit any transfer, assignment or sale of the lease or otherwise convey or pledge any interest in the lease without prior written notification to and approval by the Secretary; (4) prohibit any increase in the number of guest accommodations available at the Resort; (5) prohibit any increase in the overall size of the Resort; (6) prohibit the sale of partial ownership shares or timeshares in the Resort; (7) be designed to facilitate transfer of all property covered by the lease to Federal administration upon expiration of the lease; and (8) include any other provisions determined by the Secretary to be necessary to protect the Park and the public interest. (d) Appraisals.--The Secretary shall require appraisals to determine the fair market value of all property covered by the RUE and any property, including the value, if any, of the surrendered term of the RUE, owned by CBI to be donated, or otherwise conveyed, to the National Park Service. Such appraisals shall be conducted pursuant to the Uniform Appraisal Standards for Federal Land Acquisition. (e) Compensation.-- (1) In general.--The lease authorized by this Act shall-- (A) require payment to the United States of the property's fair market value rent, taking into account the value of any associated property transferred by CBI as well as the value, if any, of the surrendered term of the RUE; (B) include a provision-- (i) allowing recalculation of the amount of the payment required under this subsection, at the request of the Secretary or CBI, in the event of extraordinary unanticipated changes in conditions anticipated at the time the lease was finalized; and (ii) providing for binding arbitration in the event the Secretary and CBI are unable to agree upon an adjustment to the payment in these circumstances. (2) Distribution.--Eighty percent of the payment to the United States required by this subsection shall be available to the Secretary, without further appropriation, for expenditure within the Park. The remaining twenty percent shall be deposited in the Treasury. (3) Applicability of certain law.--Section 321 of the Act of June 30, 1932 (40 U.S.C. 1302), relating to the leasing of buildings and property of the United States, shall not apply to the lease entered into by the Secretary pursuant to this Act. SEC. 3. RETAINED USE ESTATE. As a condition of the lease, CBI shall relinquish to the Secretary all rights under the RUE and transfer, without compensation, ownership of improvements covered by the RUE to the United States. Passed the House of Representatives March 4, 2008. Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk.

Authorizes the Secretary of the Interior to enter into a lease with CBI Acquisitions, LLC, governing the use of property for the continued management and operation of the Caneel Bay Resort on the island of St. John in Virgin Islands National Park. Requires any lease entered into pursuant to this Act to include the property covered by the retained use estate entered into by the Jackson Hole Preserve and the United States on September 30, 1983, (the RUE) and any associated property owned by CBI donated to the National Park Service (NPS). Sets forth provisions regarding: (1) the terms of the lease agreement; (2) appraisals to determine the fair market value of all property covered by the RUE and any property, including the value, if any, of the surrendered term of the RUE, owned by CBI to be donated, or otherwise conveyed, to the NPS; and (3) compensation to the United States of the property's fair market value rent. Makes 80% of such payment available for expenditure within Virgin Islands National Park. Requires CBI, as a condition of the lease, to relinquish to the Secretary all rights under the RUE and to transfer, without compensation, ownership of improvements covered by the RUE to the United States.

To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans E-Health and Telemedicine Support Act of 2017'' or the ``VETS Act of 2017''. SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section: ``Sec. 1730B. Licensure of health care professionals providing treatment via telemedicine ``(a) In General.--Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual under this chapter. ``(b) Property of Federal Government.--Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether the covered health care professional or patient is located in a facility owned by the Federal Government during such treatment. ``(c) Construction.--Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.). ``(d) Covered Health Care Professional Defined.--In this section, the term `covered health care professional' means a health care professional who-- ``(1) is an employee of the Department appointed under the authority under sections 7306, 7401, 7405, 7406, or 7408 of this title, or title 5; ``(2) is authorized by the Secretary to provide health care under this chapter; ``(3) is required to adhere to all quality standards relating to the provision of telemedicine in accordance with applicable policies of the Department; and ``(4) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Licensure of health care professionals providing treatment via telemedicine.''. (c) Report on Telemedicine.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the effectiveness of the use of telemedicine by the Department of Veterans Affairs. (2) Elements.--The report required by paragraph (1) shall include an assessment of the following: (A) The satisfaction of veterans with telemedicine furnished by the Department. (B) The satisfaction of health care providers in providing telemedicine furnished by the Department. (C) The effect of telemedicine furnished by the Department on the following: (i) The ability of veterans to access health care, whether from the Department or from non-Department health care providers. (ii) The frequency of use by veterans of telemedicine. (iii) The productivity of health care providers. (iv) Wait times for an appointment for the receipt of health care from the Department. (v) The reduction, if any, in the use by veterans of in-person services at Department facilities and non-Department facilities. (D) The types of appointments for the receipt of telemedicine furnished by the Department that were provided during the 1-year period preceding the submittal of the report. (E) The number of appointments for the receipt of telemedicine furnished by the Department that were requested during such period, disaggregated by Veterans Integrated Service Network. (F) Savings by the Department, if any, including travel costs, of furnishing health care through the use of telemedicine during such period. Passed the House of Representatives November 7, 2017. Attest: KAREN L. HAAS, Clerk.

. Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 (Sec. 2) This bill allows a licensed health care professional of the Department of Veterans Affairs (VA) to practice his or her profession using telemedicine at any location in any state regardless of where the professional or patient is located if the covered health care professional is using telemedicine to provide VA medical or health services. Such authority shall apply to a covered health care professional regardless of whether the covered health care professional or patient is located in a federally-owned facility. The bill defines "covered health care professional" as a health care professional who: (1) is a VA employee appointed under specified VA authorities or under the civil service; (2) is authorized by the VA to provide health care; (3) is required to adhere to all telemedicine quality standards; and (4) has an active, current, full, and unrestricted state license, registration, or certification for such health care profession. The VA shall report to Congress on the effectiveness of the VA's use of telemedicine.

Veterans E-Health and Telemedicine Support Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Price Reduction Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Oil producing countries, including the nations of the Organization of Petroleum Exporting Countries (OPEC), took concerted actions in March and September of 1999 to cut oil production and hold back from the market 4,000,000 barrels a day representing approximately six percent of the global supply. (2) OPEC, in its capacity as an oil cartel, has been a critical factor in driving prices from approximately $11 a barrel in December 1998 to a high of $30 a barrel in mid- February 2000, levels not seen since the Persian Gulf Conflict. (3) On February 10, 2000, a hearing before the Committee on International Relations of the House of Representatives on ``OPEC and the Northeast Energy Crisis'' clearly demonstrated that OPEC's goal of reducing its oil stocks was the major reason behind price increases in heating oil, gasoline, and diesel oil stocks. (4) During this hearing, the Assistant Secretary in the Office of International Affairs of the Department of Energy noted that artificial supply constraints placed on the market are ultimately self-defeating in so far as they increase volatility in the market, lead to boom and bust cycles, and promote global instability, particularly in developing countries whose economies are extremely vulnerable to sharp price increases. (5) These price increases have caused inflationary shocks to the United States economy and could threaten the global economic recovery now underway in Europe and Asia where the demand for oil is rising. (6) The transportation infrastructure of the United States is under stress and tens of thousands of small- to medium-sized trucking firms throughout the Northeast region are on the verge of bankruptcy because of the rise in diesel oil prices to more than $2 per gallon--a 43 percent increase in the Central Atlantic region and a 55 percent increase in the New England region--an increase that has had the effect of requiring these trucking firms to use up to 20 percent of their operating budgets for the purchase of diesel oil. (7) Many elderly and retired Americans on fixed incomes throughout the Northeast region of the United States cannot afford to pay the prevailing heating oil costs and all too often are faced with the choice of paying the grocery bills or staying warm. (8) Several key oil producing nations relied on the United States military for their protection in 1990 and 1991, including during the Persian Gulf Conflict, and these nations still depend on the United States for their security. (9) Many of these nations enjoy a close economic and security relationship with the United States which is a fundamental underpinning of global security and cooperation. (10) A continuation of the present policies put in place at the meeting of OPEC Ministers in March and September of 1999 threatens the relationship that many of the OPEC nations enjoy with the United States. SEC. 3. POLICY OF THE UNITED STATES. (a) Policy With Respect to Oil Exporting Countries.--It shall be the policy of the United States to consider the extent to which major net oil exporting countries engage in oil price fixing to be an important determinant in the overall political, economic, and security relationship between the United States and these countries. (b) Policy With Respect to Oil Importing Countries.--It shall be the policy of the United States to work multilaterally with other countries that are major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements. SEC. 4. REPORT TO CONGRESS. Not later than 30 days after the date of the enactment of this Act, the President shall transmit to the Congress a report that contains the following: (1) A description of the overall economic and security relationship between the United States and each country that is a major net oil exporter, including each country that is a member of OPEC. (2) A description of the effect that coordination among the countries described in paragraph (1) with respect to oil production and pricing has had on the United States economy and global energy supplies. (3) Detailed information on any and all assistance programs under the Foreign Assistance Act of 1961 and the Arms Export Control Act, including licenses for the export of defense articles and defense services under section 38 of such Act, provided to the countries described in paragraph (1). (4) A determination made by the President in accordance with section 5 for each country described in paragraph (1). SEC. 5. DETERMINATION BY THE PRESIDENT OF MAJOR OIL EXPORTING COUNTRIES ENGAGED IN PRICE FIXING. The report submitted pursuant to section 4 shall include the determination of the President with respect to each country described in section 4(1) as to whether or not, as of the date on which the President makes the determination, that country is engaged in oil price fixing to the detriment of the United States economy. SEC. 6. DIPLOMATIC EFFORTS TO END PRICE FIXING. (a) Diplomatic Efforts.--Not later than 30 days after the date on which the President transmits to the Congress the report pursuant to section 4, the President shall-- (1) undertake a concerted diplomatic campaign to convince any country determined by the President pursuant to section 5 to be engaged in oil price fixing to the detriment of the United States economy that the current oil price levels are unsustainable and will negatively effect global economic growth rates in oil consuming and developing countries; and (2) take the necessary steps to begin negotiations to achieve multilateral action to reduce, suspend, or terminate bilateral assistance and arms exports to major net oil exporters engaged in oil price fixing as part of a concerted diplomatic campaign with other major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements described in such report. (b) Report on Diplomatic Efforts.--Not later than 120 days after the date of the enactment of this Act, the President shall transmit to the Congress a report describing any diplomatic efforts undertaken in accordance with subsection (a) and the results achieved by those efforts. SEC. 7. DEFINITIONS. In this Act: (1) Oil price fixing.--The term ``oil price fixing'' means participation in any agreement, arrangement, or understanding with other countries that are oil exporters to increase the price of oil or natural gas by means of, inter alia, limiting oil or gas production or establishing minimum prices for oil or gas. (2) OPEC.--The term ``OPEC'' means the Organization of Petroleum Exporting Countries. Passed the House of Representatives March 22, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs the President, within 30 days after enactment of this Act, to report to Congress with respect to: (1) the overall economic and security relationship between the United States and each major net oil exporting country (including members of the Organization of Petroleum Exporting Countries (OPEC)); (2) the effect that coordination among such countries with respect to oil production and pricing has had on the U.S. economy and global energy supplies; (3) information on all assistance provided to such countries under the Foreign Assistance Act of 1961 and the Arms Export Control Act (including licenses for the export of defense articles and defense services); and (4) the President's determination as to whether or not each such country is engaging in oil price fixing to the detriment of the U.S. economy.Directs the President, not later than 30 days after submitting the report, to: (1) undertake a concerted diplomatic campaign to convince any country determined to be engaged in oil price fixing to the detriment of the U.S. economy that the current oil price levels are unsustainable and will negatively affect global economic growth rates in oil consuming and developing countries; and (2) take the necessary steps to begin negotiations to achieve multilateral action to reduce, suspend, or terminate bilateral assistance and arms exports to major net oil exporters engaged in oil price fixing as part of a concerted diplomatic campaign with other major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements. Requires the President to report to Congress with respect to such diplomatic efforts.

Oil Price Reduction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Support Act of 2001''. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Deduction Allowed.--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 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES. ``(a) Allowance of Deduction.--In the case of an eligible teacher, there shall be allowed as a deduction an amount equal to the qualified professional development expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Professional Development Expenses of Eligible Teachers.--For purposes of this section-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this section. ``(2) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher or aide in an elementary or secondary school for at least 720 hours during a school year. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect. ``(c) Denial of Double Benefit.-- ``(1) In general.--No other deduction or credit shall be allowed under this chapter for any amount taken into account for which a deduction is allowed under this section. ``(2) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified professional development expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following new paragraph: ``(18) Qualified professional development expenses.--The deduction allowed by section 222.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Qualified professional development expenses. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $100. ``(c) Definitions.-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Teacher Support Act of 2001- Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to qualified professional development expenses incurred by elementary and secondary school teachers and aides; and (2) allow a credit to elementary and secondary school teachers, instructors, counselors, aides, or principals who provide classroom materials.

A bill to amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for qualified professional development expenses of elementary and secondary school teachers and to allow a credit against income tax to elementary and secondary school teachers who provide classroom materials.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Guam was captured by Japan on December 10, 1941, three days after the attack on Pearl Harbor and remained in the hands of the Japanese until June 1944. Those prisoners who remained on Guam suffered atrocities at the hands of the Japanese or were transported on ``Hell Ships'' to Japanese POW camps. (2) In January 1942 the Japanese took approximately 1,600 prisoners on Wake Island. Approximately 450 military and 1,150 civilians were then transported to POW camps in China and Japan. (3) On April 9, 1942, Major General Edward King surrendered the soldiers from the United States and the Philippines into enemy hands. (4) Over the next week, the soldiers from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the Bataan Death March. (5) On May 6, 1942, Corregidor fell after a weeklong siege and its defenders were surrendered. (6) On May 10, 1942, American forces under the command of Major General William F. Sharp surrendered after fighting the Japanese from April 29, 1942, to May 9, 1942, on the island of Mindanao in the southernmost portion of the Philippine Archipelago. It was on this date, May 10, 1942, that General Wainwright, as Supreme Allied Commander, surrendered all Allied Forces in the Philippine Archipelago. (7) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (8) Within the first 40 days at Camp O'Donnell, 1,600 more prisoners from the United States died. (9) The conditions at the camp were substandard, leading to increased disease and malnutrition among the prisoners. (10) In May 1942 the Japanese began transferring POWs by sea. Prisoners were crammed into cargo holds with little air, food or water for journeys that would last for weeks on what were to be known as the ``Hell Ships''. Many died due to asphyxia, starvation, or dysentery. Some prisoners became delirious and unresponsive in an environment of heat, humidity and lack of oxygen, food, and water. More than 3,300 prisoners died at sea while being transported by these ships. (11) On June 6, 1942, the prisoners from the United States were transferred to Cabanatuan, north of Camp O'Donnell. (12) The campus of the University of Santo Tomas was converted to the Santo Tomas Internment Camp by the Japanese during their occupation of the Philippines. Santo Tomas became the initial internment camp for both the army and navy nurses, with the army and navy nurses remaining there until their liberation. (13) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions. (14) The prisoners who remained in these camps were liberated in 1945. (15) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (16) The people of the United States are forever indebted to these men and women for-- (A) the courage they demonstrated during the first 4 months of World War II in fighting against enemy soldiers; and (B) the perseverance they demonstrated during years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Transfer and Display of Medals.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the American military prisoners described under subsection (a). SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code.

This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award on behalf of the Congress of a single gold medal to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. Following its award the gold medal shall be given to the Smithsonian Institution where it shall be displayed and made available for research. The bill expresses the sense of the Congress that the Smithsonian Institution should make the gold medal available for display at other locations, particularly locations associated with these American military prisoners.

To award a Congressional Gold Medal, collectively, to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. SEC. 2. GREAT LAKES RESEARCH COUNCIL. (a) In General.--Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended-- (1) in subsection (a)(3)-- (A) by striking subparagraph (E) and inserting the following: ``(E) `Council' means the Great Lakes Research Council established by subsection (d)(1);''; (B) in subparagraph (I), by striking ``and'' at the end; (C) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(K) `Great Lakes research' means the application of scientific or engineering expertise to explain, understand, and predict a physical, chemical, biological, or socioeconomic process, or the interaction of 1 or more of the processes, in the Great Lakes ecosystem.''; (2) by striking subsection (d) and inserting the following: ``(d) Great Lakes Research Council.-- ``(1) Establishment of council.--There is established a Great Lakes Research Council. ``(2) Duties of council.--The Council shall-- ``(A) advise and promote the coordination of Federal Great Lakes research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving protection of the Great Lakes ecosystem through the goals of the Great Lakes Water Quality Agreement; ``(B) not later than 1 year after the date of the enactment of this subparagraph and biennially thereafter, after providing opportunity for public review and comment, prepare and provide to interested parties a document that includes-- ``(i) an assessment of the Great Lakes research activities needed to fulfill the goals of the Great Lakes Water Quality Agreement; ``(ii) an assessment of Federal expertise and capabilities in the activities needed to fulfill the goals of the Great Lakes Water Quality Agreement, including an inventory of Federal Great Lakes research programs, projects, facilities, and personnel; and ``(iii) recommendations for long-term and short-term priorities for Federal Great Lakes research, based on a comparison of the assessment conducted under clause (i) and the assessment conducted under clause (ii); ``(C) identify topics for and participate in meetings, workshops, symposia, and conferences on Great Lakes research issues; ``(D) make recommendations for the uniform collection of data for enhancing Great Lakes research and management protocols relating to the Great Lakes ecosystem; ``(E) advise and cooperate in-- ``(i) improving the compatible integration of multimedia data concerning the Great Lakes ecosystem; and ``(ii) any effort to establish a comprehensive multimedia data base for the Great Lakes ecosystem; and ``(F) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government are disseminated in a timely manner, and in useful forms, to interested persons, using to the maximum extent practicable mechanisms in existence on the date of the dissemination, such as the Great Lakes Research Inventory prepared by the International Joint Commission. ``(3) Membership.-- ``(A) In general.--The Council shall consist of 1 research manager with extensive knowledge of, and scientific expertise and experience in, the Great Lakes ecosystem from each of the following agencies and instrumentalities: ``(i) The Agency. ``(ii) The National Oceanic and Atmospheric Administration. ``(iii) The National Biological Service. ``(iv) The United States Fish and Wildlife Service. ``(v) Any other Federal agency or instrumentality that expends $1,000,000 or more for a fiscal year on Great Lakes research. ``(vi) Any other Federal agency or instrumentality that a majority of the Council membership determines should be represented on the Council. ``(B) Nonvoting members.--At the request of a majority of the Council membership, any person who is a representative of a Federal agency or instrumentality not described in subparagraph (A) or any person who is not a Federal employee may serve as a nonvoting member of the Council. ``(4) Chairperson.--The chairperson of the Council shall be a member of the Council from an agency specified in clause (i), (ii), or (iii) of paragraph (3)(A) who is elected by a majority vote of the members of the Council. The chairperson shall serve as chairperson for a period of 2 years. A member of the Council may not serve as chairperson for more than 2 consecutive terms. ``(5) Expenses.--While performing official duties as a member of the Council, a member shall be allowed travel or transportation expenses under section 5703 of title 5, United States Code. ``(6) Interagency cooperation.--The head of each Federal agency or instrumentality that is represented on the Council-- ``(A) shall cooperate with the Council in implementing the recommendations developed under paragraph (2); ``(B) may, on written request of the chairperson of the Council, make available, on a reimbursable basis or otherwise, such personnel, services, or facilities as may be necessary to assist the Council in carrying out the duties of the Council under this section; and ``(C) shall, on written request from the chairperson, furnish data or information necessary to carry out the duties of the Council under this section. ``(7) International cooperation.--The Council shall cooperate, to the maximum extent practicable, with the research coordination efforts of the Council of Great Lakes Research Managers of the International Joint Commission. ``(8) Reimbursement for requested activities.--Each Federal agency or instrumentality represented on the Council may reimburse another Federal agency or instrumentality or a non- Federal entity for costs associated with activities authorized under this subsection that are carried out by the other agency, instrumentality, or entity at the request of the Council. ``(9) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. ``(10) Effect on other law.--Nothing in this subsection affects the authority of any Federal agency or instrumentality, under any law, to undertake Great Lakes research activities.''; (3) in subsection (e)-- (A) in paragraph (1), by striking ``the Program Office and the Research Office shall prepare a joint research plan'' and inserting ``the Program Office, in consultation with the Council, shall prepare a research plan''; and (B) in paragraph (3)(A), by striking ``the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States'' and inserting ``the Council, the Agency for Toxic Substances and Disease Registry, and Great Lakes States,''; and (4) in subsection (h)-- (A) in paragraph (1), by adding ``and'' at the end; (B) in paragraph (2), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (b) Conforming Amendment.--The second sentence of section 403(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447b(a)) is amended by striking ``Great Lakes Research Office authorized under'' and inserting ``Great Lakes Research Council established by''.

Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to replace provisions regarding the Great Lakes Research Office of the National Oceanic and Atmospheric Administration with those establishing an interagency Great Lakes Research Council. Directs the Council to: (1) promote the coordination of Federal Great Lakes research activities to avoid duplication and ensure effectiveness in achieving protection of the Great Lakes ecosystem through the Great Lakes Water Quality Agreement; (2) prepare a document that assesses research activities and Federal expertise in such activities needed to fulfill Agreement goals; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise in improving the integration of multimedia data concerning the ecosystem and in efforts to establish a multimedia data base for the ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner.

Great Lakes Federal Effectiveness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship, Training, and Employment Act of 2003''. SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. ``(a) General Rule.--For purposes of section 38, in the case of a small business employer, the highly skilled trades training credit determined under this section for the taxable year is $10,000 for each employee (not to exceed 3 employees) having a qualified training year ending with or within such taxable year (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). ``(b) Definitions.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who qualifies during such taxable year as a specialty trade contractor under subsector 238 of sector 23 contained in the table under section 121.201 of title 13, Code of Federal Regulations, as in effect on the date of the enactment of this section. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Qualified training year.-- ``(A) In general.--The term `qualified training year' means each year during the training period in which the employee received at least 1,500 hours of training (including on-the-job training and training at multi-employer training facilities) from the taxpayer (or any predecessor) under a qualified training program as an apprentice in any highly skilled trade. ``(B) Highly skilled trades.--For purposes of subparagraph (A), the term `highly skilled trades' means any specialty trade specified under subsector 238 of sector 23 contained in the table under section 121.201 of title 13, Code of Federal Regulations, as in effect on the date of the enactment of this section. Such term shall not include any trade if the customary apprenticeship period for such trade is less than 2 years. ``(C) Qualified training program.-- ``(i) In general.--The term `qualified training program' means a written plan of study and training for individuals in, or entering into, highly skilled trades. ``(ii) Description of programs.--A plan under clause (i) must be a program which meets the requirements of clause (iii) and is either-- ``(I) an apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50), or ``(II) a program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. ``(iii) Requirements.--A program meets the requirements of this clause if such program-- ``(I) is accessible to individuals without discrimination on the basis of race, sex, color, religion, or national origin, ``(II) provides an overview of the trade, including the history and modern developments in such trade, ``(III) provides related instruction of the fundamental, intermediate, and advanced skills, techniques, and materials of the trade, ``(IV) provides training in math, measurement, and blueprint reading skills, if such skills are required in the trade, ``(V) provides training on trade- specific tools and equipment, ``(VI) provides trade specific safety and health training, ``(VII) provides on-the-job training which allows performance of work under close supervision of an instructor or skilled worker, and ``(VIII) provides periodic review and evaluation of participants to demonstrate proficiency in skills, including the use of tests and assessment of individual and group projects. ``(3) Training period.--The term `training period' means, with respect to an employee, the period-- ``(A) beginning on the date that the employee begins employment with the taxpayer as an apprentice in the highly skilled trade, and ``(B) ending on the earlier of-- ``(i) the date that such apprenticeship with the employer ends, or ``(ii) the date which is 2 years after the date referred to in subparagraph (A). ``(c) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of a small business employer (as defined in section 45G(b)), the highly skilled trades training credit determined under section 45G(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Small Business Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45G(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Expenses for long-term training of employees in highly skilled small business trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in the taxable years ending after the date of the enactment of this Act.

Apprenticeship, Training, and Employment Act of 2003 - Amends the Internal Revenue Code to provide small employers with a highly skilled trades training credit.

To amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for certain expenses for long-term training of employees in highly skilled small business trades.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids Invest and Develop Savings Act of 2007''. SEC. 2. EXPANSION OF SAVERS CREDIT. (a) Expansion of Credit.--Subsections (a) and (b) of section 25B of such Code are amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified retirement savings contributions of the eligible individual for the taxable year. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed the applicable dollar limit. ``(2) Applicable dollar limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as provided in subparagraph (B), the applicable dollar limit is-- ``(i) in the case of a joint return, $3,000, and ``(ii) in the case of any other return, 50 percent of the dollar amount applicable for the taxable year under clause (i). ``(B) Limitation based on adjusted gross income.-- The applicable dollar limit shall be zero in the case of a taxpayer whose adjusted gross income for the taxable year exceeds-- ``(i) $150,000 in the case of a joint return, and ``(ii) $95,000 in any other case. ``(3) Inflation adjustment.--In the case of any taxable year beginning after 2007, the amounts contained in subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (b) Credit Allowed for Contributions to Roth IRAs for Children.-- (1) In general.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the amount of contributions made by the eligible individual to all Roth IRAs for children under section 408A(g).''. (2) Limitation.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by adding at the end the following flush sentence: ``The amount taken into account under subparagraph (D) shall not exceed the aggregate amount of contributions allowed to all Roth IRAs of such eligible individual under section 408A(g).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. ROTH IRAS FOR CHILDREN. (a) In General.--Section 408A of the Internal Revenue Code of 1986 (relating to Roth IRAs) is amended by adding at the end the following new subsection: ``(g) Special Rules for Roth IRAs for Children.-- ``(1) General rule.--A Roth IRA maintained for the benefit of an individual who has not attained age 25 before the close of the taxable year shall be maintained under this section, as modified by this subsection. ``(2) Contribution limits.-- ``(A) In general.--For so long as a Roth IRA is subject to this subsection, contributions to such Roth IRA shall be subject to this paragraph and not to subsection (c)(2), and subsection (c)(3) shall not apply. ``(B) Limit.--The aggregate amount of contributions for any taxable year to all child Roth IRAs maintained for the benefit of an individual under this subsection shall not exceed the maximum amount allowable as a deduction under subsection (b)(1) of section 219 for such taxable year (computed without regard to subsections (b)(1)(B), (d)(1), and (g) of such section).''. (b) Enforcement of Contribution Limits.--Paragraphs (1)(B) and (2)(B) of section 4973(f) of such Code are each amended by striking ``and (c)(3)'' and inserting ``, (c)(3), and (g)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Kids Invest and Develop Savings Act of 2007 - Amends the Internal Revenue Code to: (1) increase the allowable amount of the tax credit for retirement savings; (2) expand eligibility for such credit to taxpayers with adjusted gross incomes up to $95,000 ($150,000 for joint returns); (3) establish tax-exempt Roth individual retirement accounts (IRAs) for individuals under the age of 25; and (4) allow a tax credit for contributions to such IRAs.

To amend the Internal Revenue Code of 1986 to expand incentives for saving.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Your Caller Act of 2000''. SEC. 2. PROHIBITION OF INTERFERENCE WITH CALLER IDENTIFICATION SERVICES. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Interference With Caller Identification Services.-- ``(1) In general.--It shall be unlawful for any person within the United States, in making any telephone solicitation-- ``(A) to interfere with or circumvent the capability of a caller identification service to access or provide to the recipient of the telephone call involved in the solicitation any information regarding the call that such service is capable of providing; and ``(B) to fail to provide caller identification information in a manner that is accessible by a caller identification service, if such person has capability to provide such information in such a manner. For purposes of this section, the use of a telecommunications service or equipment that is incapable of transmitting caller identification information shall not, of itself, constitute interference with or circumvention of the capability of a caller identification service to access or provide such information. ``(2) Regulations.--Not later than 6 months after the enactment of the Know Your Caller Act of 2000, the Commission shall prescribe regulations to implement this subsection, which shall-- ``(A) specify that the information regarding a call that the prohibition under paragraph (1) applies to includes-- ``(i) the name of the person or entity who makes the telephone call involved in the solicitation; ``(ii) the name of the person or entity on whose behalf the solicitation is made; and ``(iii) a valid and working telephone number at which the person or entity on whose behalf the telephone solicitation is made may be reached during regular business hours for the purpose of requesting that the recipient of the solicitation be placed on the do-not-call list required under section 64.1200 of the Commission's regulations (47 CFR 64.1200) to be maintained by such person or entity; and ``(B) provide that any person or entity who receives a request from a person to be placed on such do-not-call list may not use such person's name and telephone number for telemarketing, mail marketing, or other marketing purpose (including transfer or sale to any other entity for marketing use) other than enforcement of such list. ``(3) Private right of action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or ``(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. ``(4) Definitions.--For purposes of this subsection: ``(A) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call. ``(B) Telephone call.--The term `telephone call' means any telephone call or other transmission which is made to or received at a telephone number of any type of telephone service and includes telephone calls made using the Internet (irrespective of the type of customer premises equipment used in connection with such services). Such term also includes calls made by an automatic telephone dialing system, an integrated services digital network, and a commercial mobile radio source.''. SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS. (a) Effect on State Law.--Subsection (f)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(f)(1)), as so redesignated by section 2(1) of this Act, is further amended by inserting after ``subsection (d)'' the following: ``and the prohibition under paragraphs (1) and (2) of subsection (e),''. (b) Actions by States.--The first sentence of subsection (g)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(g)(1)), as so redesignated by section 2(1) of this Act, is further amended by striking ``telephone calls'' and inserting ``telephone solicitations, telephone calls, or''. SEC. 4. STUDY REGARDING TRANSMISSION OF CALLER IDENTIFICATION INFORMATION. The Federal Communications Commission shall conduct a study to determine-- (1) the extent of the capability of the public switched network to transmit the information that can be accessed by caller identification services; (2) the types of telecommunications equipment being used in the telemarketing industry, the extent of such use, and the capabilities of such types of equipment to transmit the information that can be accessed by caller identification services; and (3) the changes to the public switched network and to the types of telecommunications equipment commonly being used in the telemarketing industry that would be necessary to provide for the public switched network to be able to transmit caller identification information on all telephone calls, and the costs (including costs to the telemarketing industry) to implement such changes. The Commission shall complete the study and submit a report to the Congress on the results of the study, not later than one year after the date of the enactment of this Act. Passed the House of Representatives September 27, 2000. Attest: Clerk.

Directs the Federal Communications Commission (FCC) to prescribe regulations implementing such prohibition. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition or regulations.Directs the FCC to study and report to Congress regarding the transmission of caller identification information.

Know Your Caller Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birth Defects and Developmental Disabilities Prevention Act of 2002''. SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``and developmental disabilities'' and inserting ``, developmental disabilities, and disabilities and health''; and (ii) by striking ``subsection (d)(2)'' and inserting ``subsection (c)(2)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period; and (D) by adding at the end the following: ``(D) to conduct research on and to promote the prevention of such birth defects, disabilities, and the prevention of secondary health conditions among individuals with disabilities; and ``(E) to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.''; (2) by striking subsection (b); (3) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``1999'' and inserting ``2004''; (B) by striking paragraph (1) and inserting the following: ``(1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life;''; (C) in paragraph (3), by inserting ``, developmental disabilities, and secondary health conditions among individuals with disabilities'' after ``defects''; (D) in paragraph (4), by striking ``and'' at the end; (E) by redesignating paragraph (5) as paragraph (7); and (F) by inserting after paragraph (4), the following: ``(5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities, developmental disabilities, and the health status of individuals with disabilities, any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals; ``(6) contains a summary of recommendations from all birth defects research conferences sponsored by the agency including conferences related to spina bifida; and''; (4) in subsection (e)-- (A) by inserting ``, including section 444 of the General Education Provisions Act,'' after ``privacy of information''; and (B) by inserting before the period the following: ``, except that the Centers for Disease Control and Prevention shall have access to information under section 444(b)(1)(F) of such Act solely for purposes of carrying out subsection (a)(2) of this section and shall otherwise comply with all other requirements of such section 444''; (5) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; (6) by inserting after subsection (d) (as so redesignated), the following: ``(e) Advisory Committee.--Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities on the date of enactment of the Birth Defects and Developmental Disabilities Prevention Act of 2002.''; and (7) in subsection (f), by striking ``$30,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal yeas 2003 through 2007.''. SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL DISABILITIES Section 122(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 3 U.S.C. 15022(a)) is amended-- (1) in paragraph (3)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal years 2000, 2001, or 2002, whichever is greater''; and (2) in paragraph (4)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal years 2000, 2001, or 2002, whichever is greater''. Passed the Senate October 2, 2002. Attest: JERI THOMSON, Secretary.

Birth Defects and Developmental Disabilities Prevention Act of 2002 - (Sec. 2) Amends Public Health Service Act provisions concerning the National Center on Birth Defects and Developmental Disabilities to add "disabilities and health" to categories of data with regard to which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.Removes certain provisions regarding data collection, including one requiring the Secretary to collect and analyze data by gender and ethnic and racial group. Modifies reporting requirements, including to require the Secretary to report to Congress on the incidence and prevalence of individuals living with developmental disabilities and the health status of such individuals. Declares that certain data and information collected under the Act shall be subject to a specified provision of the General Education Provisions Act pertaining to privacy.Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects on the date of the enactment of this Act.Authorizes appropriations through FY 2007.(Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise provisions concerning allotments to State councils on developmental disabilities.

A bill to revise and extend the Birth Defects Prevention Act of 1998.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act of 2001''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee. (b) Certification of Eligibility.--In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification; and (7)(A) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the state in which they reside; or (B) are opposite sex domestic partners, and are not related in a way that would prohibit legal marriage in the state in which they reside. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall be deemed a spouse of the employee for the purpose of receiving benefits under this Act. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any health benefits received by the domestic partner as a result of this Act shall continue for a period of 60 days after the date of the dissolution of the partnership. The domestic partner shall pay for such benefits in the same manner that a former spouse would pay for such benefits under applicable provisions of chapter 89 of title 5, United States Code. (d) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (e) Definitions.--For purposes of this Act: (1) Domestic partner.--The term ``domestic partner'' means an adult person living with, but not married to, another adult person in a committed, intimate relationship. (2) Benefits.--The term ``benefits'' means-- (A) Civil Service Retirement, as provided in title 5, chapter 83, of the United States Code; (B) Federal Employees' Retirement, as provided in title 5, chapter 84, of the United States Code; (C) life insurance, as provided in title 5, chapter 87, of the United States Code; (D) health insurance, as provided in title 5, chapter 89, of the United States Code; and (E) compensation for work injuries, as provided in title 5, chapter 81, of the United States Code. (3) Employee.-- (A) With respect to Civil Service Retirement, the term ``employee'' shall have the meaning given such term in section 8331(1) of title 5, United States Code. (B) With respect to Federal Employees' Retirement, the term ``employee'' shall have the meaning given such term in section 8401(11) of title 5, United States Code. (C) With respect to life insurance, the term ``employee'' shall have the meaning given such term in section 8701(a) of title 5, United States Code. (D) With respect to health insurance, the term ``employee'' shall have the meaning given such term in section 8901 of title 5, United States Code. (E) With respect to compensation for work injuries, the term ``employee'' shall have the meaning given such term in section 8101(1) of title 5, United States Code. (4) Obligations.--The term ``obligations'' means any duties or responsibilities that would be incurred by the spouse of an employee. SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO DOMESTIC PARTNERS. Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(d) Treatment of Domestic Partners.--The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act of 2001 shall apply to employees and domestic partners of employees for purposes of this section and any other benefit which is not includible in the gross income of employees by reason of an express provision of this chapter.''.

Domestic Partnership Benefits and Obligations Act of 2001 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. Amends the Internal Revenue Code to extend the tax exemption for employer contributions to accident and health plans to domestic partners under this Act.

To provide benefits to domestic partners of Federal employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``50 States Commemorative Coin Program Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) It is appropriate and timely to-- (A) honor the unique Federal republic of 50 States that comprise the United States; and (B) promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage. (2) The circulating coinage of the United States has not been modernized within the past 25 years. (3) A circulating commemorative 25-cent coin program could produce earnings of $110,000,000 from the sale of silver proof coins and sets over the 10-year period of issuance and would produce indirect earnings of an estimated $2,600,000,000 to $5,100,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent. (4) It is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all the States for the face value of the coins. SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(k) Redesign and Issuance of Quarter Dollar in Commemoration of Each of the 50 States.-- ``(1) Redesign beginning in 1999.-- ``(A) In general.--Notwithstanding the 4th sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning in 1999, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the 50 States. ``(B) Transition provision.--Notwithstanding subparagraph (A), the Secretary may continue to mint and issue quarter dollars in 1999 which bear the design in effect before the redesign required under this subsection and an inscription of the year `1998' as required to ensure a smooth transition into the 10-year program under this subsection. ``(2) Single state designs.--The design on the reverse side of each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States. ``(3) Issuance of coins commemorating 5 states during each of the 10 years.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the United States or were admitted into the Union, as the case may be. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year (of the 10-year period referred to in paragraph (1)), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year. ``(4) Selection of design.-- ``(A) In general.--Each of the 50 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Governor of the State being commemorated, or such other State officials or group as the State may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Commemorative Coin Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by State officials, artists from the States, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Numismatic items.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(7) Application in event of the admission of additional states.--If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).''. Passed the House of Representatives September 23, 1997. Attest: ROBIN H. CARLE, Clerk. By Jeff Trandahl, Deputy Clerk.

50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.

50 States Commemorative Coin Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Control Center Enhancement and Awareness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year more than 2,000,000 poisonings are reported to poison control centers throughout the United States. More than 90 percent of these poisonings happen in the home. Fifty-three percent of poisoning victims are children younger than 6 years of age. (2) Poison control centers are a valuable national resource that provide life-saving and cost-effective public health services. For every dollar spent on poison control centers, $7 in medical costs are saved. The average cost of a poisoning exposure call is $32, while the average cost if other parts of the medical system are involved is $932. Over the last 2 decades, the instability and lack of funding has resulted in a steady decline in the number of poison control centers in the United States. Within just the last year, 2 poison control centers have been forced to close because of funding problems. A third poison control center is scheduled to close in April 1999. Currently, there are 73 such centers. (3) Stabilizing the funding structure and increasing accessibility to poison control centers will increase the number of United States residents who have access to a certified poison control center, and reduce the inappropriate use of emergency medical services and other more costly health care services. SEC. 3. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER. (a) In General.--The Secretary shall provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. (b) Rule of Construction.--Nothing in this section shall be construed as prohibiting the establishment or continued operation of any privately funded nationwide toll-free phone number used to provide advice and other assistance for poisonings or accidental exposures. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 2000 through 2004. Funds appropriated under this subsection shall not be used to fund any toll-free phone number described in subsection (b). SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN. (a) In General.--The Secretary shall establish a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 4. (b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $600,000 for each of the fiscal years 2000 through 2004. SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. (a) Regional Poison Control Centers.--The Secretary shall award grants to certified regional poison control centers for the purposes of achieving the financial stability of such centers, and for preventing and providing treatment recommendations for poisonings. (b) Other Improvements.--The Secretary shall also use amounts received under this section to-- (1) develop standard education programs; (2) develop standard patient management protocols for commonly encountered toxic exposures; (3) improve and expand the poison control data collection systems; (4) improve national toxic exposure surveillance; and (5) expand the physician/medical toxicologist supervision of poison control centers. (c) Certification.--Except as provided in subsection (d), the Secretary may make a grant to a center under subsection (a) only if-- (1) the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning; or (2) the center has been certified by a State government, and the Secretary has approved the State government as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. (d) Waiver of Certification Requirements.-- (1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (c) with respect to a noncertified poison control center or a newly established center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. (2) Renewal.--The Secretary may only renew a waiver under paragraph (1) for a period of 3 years. (e) Supplement Not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, or local funds provided for such center. (f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. (g) Matching Requirement.--The Secretary may impose a matching requirement with respect to amounts provided under a grant under this section if the Secretary determines appropriate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of the fiscal years 2000 through 2004. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations, prohibiting use of the funds to fund any privately funded nationwide toll-free phone number used to provide advice and other assistance for poisonings or accidental exposures. Directs the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Directs the Secretary to award grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations.

Poison Control Center Enhancement and Awareness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Repatriation Act''. SEC. 2. TIMELY REPATRIATION. (a) Listing of Countries.--Beginning on the date that is 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of Homeland Security shall publish a report including the following: (1) A list of the following: (A) Countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country since the date of enactment of this Act and the total number of such aliens, disaggregated by nationality. (B) Countries that have an excessive repatriation failure rate. (2) A list of each country that was included under subparagraph (B) or (C) of paragraph (1) in both the report preceding the current report and the current report. (b) Sanctions.--Beginning on the date that a country is included in a list under subsection (a)(2) and ending on the date that that country is not included in such list, that country shall be subject to the following: (1) The Secretary of State may not issue visas under section 101(a)(15)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants, personal employees, and members of their immediate families, of the officials and employees of that country who receive nonimmigrant status under clause (i) or (ii) of section 101(a)(15)(A) of such Act. (2) Each 6 months thereafter that the country is included in that list, the Secretary of State shall reduce the number of visas available under clause (i) or (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act in a fiscal year to nationals of that country by an amount equal to 10 percent of the baseline visa number for that country. Except as provided under section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253), the Secretary may not reduce the number to a level below 20 percent of the baseline visa number. (c) Waivers.-- (1) National security waiver.--If the Secretary of State submits to Congress a written determination that significant national security interests of the United States require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number. The Secretary of Homeland Security may not delegate the authority under this subsection. (2) Temporary exigent circumstances.--If the Secretary of State submits to Congress a written determination that temporary exigent circumstances require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number during 6-month renewable periods. The Secretary of Homeland Security may not delegate the authority under this subsection. (d) Exemption.--The Secretary of Homeland Security, in consultation with the Secretary of State, may exempt a country from inclusion in a list under subsection (a)(2) if the total number of nonrepatriations outstanding is less than 10 for the preceding 3-year period. (e) Unauthorized Visa Issuance.--Any visa issued in violation of this section shall be void. (f) Notice.--If an alien who has been convicted of a criminal offense before a Federal or State court whose repatriation was refused or unreasonably delayed is to be released from detention by the Secretary of Homeland Security, the Secretary shall provide notice to the State and local law enforcement agency for the jurisdictions in which the alien is required to report or is to be released. When possible, and particularly in the case of violent crime, the Secretary shall make a reasonable effort to provide notice of such release to any crime victims and their immediate family members. (g) Definitions.--For purposes of this section: (1) Refused or unreasonably delayed.--A country is deemed to have refused or unreasonably delayed the acceptance of an alien who is a citizen, subject, national, or resident of that country if, not later than 90 days after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request, the country does not accept the alien or issue valid travel documents. (2) Failure rate.--The term ``failure rate'' for a period means the percentage determined by dividing the total number of repatriation requests for aliens who are citizens, subjects, nationals, or residents of a country that that country refused or unreasonably delayed during that period by the total number of such requests during that period. (3) Excessive repatriation failure rate.--The term ``excessive repatriation failure rate'' means, with respect to a report under subsection (a), a failure rate greater than 10 percent for any of the following: (A) The period of the 3 full fiscal years preceding the date of publication of the report. (B) The period of 1 year preceding the date of publication of the report. (4) Number of non-repatriations outstanding.--The term ``number of non-repatriations outstanding'' means, for a period, the number of unique aliens whose repatriation a country has refused or unreasonably delayed and whose repatriation has not occurred during that period. (5) Baseline visa number.--The term ``baseline visa number'' means, with respect to a country, the average number of visas issued each fiscal year to nationals of that country under clauses (i) and (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 full fiscal years immediately preceding the first report under subsection (a) in which that country is included in the list under subsection (a)(2). (h) GAO Report.--On the date that is 1 day after the date that the President submits a budget under section 1105(a) of title 31, United States Code, for fiscal year 2016, the Comptroller General of the United States shall submit a report to Congress regarding the progress of the Secretary of Homeland Security and the Secretary of State in implementation of this section and in making requests to repatriate aliens as appropriate.

Timely Repatriation Act This bill directs the Department of Homeland Security (DHS) to publish a report every six months listing: (1) countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country (the report must include the total number of such aliens) and countries that have an excessive repatriation failure rate, and (2) each country that was included in both the report preceding the current report and the current report (DHS may exclude a country if the total number of nonrepatriations outstanding is less than 10 for the preceding three-year period). The Department of State, with respect to a listed country: (1) may not issue visas to attendants, servants, and personal employees of such country's officials and employees who receive nonimmigrant status; and (2) shall reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed.

Timely Repatriation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights History Project Act of 2006''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) A fundamental principle of American democracy is that individuals should stand up for their rights and beliefs and fight for justice. (2) The actions of those who participated in the Civil Rights movement from the 1950's through the 1960's are a shining example of this principle in action, demonstrated in events as varied as the Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March on Washington, the drive for voting rights in Mississippi, and the March to Selma. (3) While the Civil Rights movement had many visible leaders, including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa Parks, there were many others whose impact and experience were just as important to the cause but who are not as well known. (4) The participants in the Civil Rights movement possess an invaluable resource in their first-hand memories of the movement, and the recording of the retelling of their stories and memories will provide a rich, detailed history of our Nation during an important and tumultuous period. (5) It is in the Nation's interest to undertake a project to collect oral histories of individuals from the Civil Rights movement so future generations will be able to learn of their struggle and sacrifice through primary-source, eyewitness material. A coordinated Federal project would also focus attention on the efforts undertaken by various public and private entities to collect and interpret articles in all formats relating to the Civil Rights movement, and serve as a model for future projects undertaken in museums, libraries, and universities throughout the Nation. (6) The Library of Congress and the Smithsonian Institution are appropriate repositories to collect, preserve, and make available to the public a collection of these oral histories. The Library and Smithsonian have expertise in the management of documentation projects, and experience in the development of cultural and educational programs for the public. (b) Purpose.--It is the purpose of this Act to create a new federally sponsored, authorized, and funded project that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of individuals who participated in the American Civil Rights movement that will build upon and complement previous and ongoing documentary work on this subject, and to assist and encourage local efforts to preserve the memories of such individuals so that Americans of all current and future generations may hear from them directly and better appreciate the sacrifices they made. SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF PARTICIPANTS IN AMERICAN CIVIL RIGHTS MOVEMENT. (a) Establishment of Project.-- (1) In general.--Within the limits of available funds, the Librarian of Congress (hereafter referred to as the ``Librarian'') and the Secretary of the Smithsonian Institution (hereafter referred to as the ``Secretary)'', acting jointly, shall establish an oral history project-- (A) to survey, during the initial phase of the project, collections of audio and video recordings of the reminiscences of participants in the Civil Rights movement that are housed in archives, libraries, museums, and other educational institutions, as well as ongoing documentary work, in order to augment and complement these endeavors and avoid duplication of effort; (B) to solicit, reproduce, and collect-- (i) video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and (ii) visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals; (C) to create a collection of the recordings and other materials obtained, and to catalog and index the collection in a manner the Librarian and the Secretary consider appropriate; and (D) to make the collection available for public use through the Library of Congress and the National Museum of African American History and Culture, as well as through such other methods as the Librarian and the Secretary consider appropriate. (2) Role of director of museum.--The Secretary shall carry out the Secretary's duties under this Act through the Director of the National Museum of African American History and Culture. (b) Use of and Consultation With Other Entities.--The Librarian and the Secretary may carry out the activities described in subsection (a)(1) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the project under this Act. (c) Services of Experts and Consultants; Acceptance of Volunteer Services; Advance Payments.--In carrying out activities described in subsection (a)(1), the Librarian and the Secretary may-- (1) procure temporary and intermittent services under section 3109 of title 5, United States Code; (2) accept and utilize the services of volunteers and other uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized under section 5703 of title 5, United States Code; and (3) make advances of money and payments in advance in accordance with section 3324 of title 31, United States Code. (d) Timing.--As soon as practicable after the enactment of this Act, the Librarian and the Secretary shall begin collecting video and audio recordings and other materials under subsection (a)(1), and shall attempt to collect the first such recordings from the oldest individuals involved. (e) Definition.--In this Act, the term ``Civil Rights movement'' means the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights legislation for all American citizens. SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT. (a) Encouraging Solicitation and Acceptance of Donations.--The Librarian of Congress and the Secretary are encouraged to solicit and accept donations of funds and in-kind contributions to support activities under section 3. (b) Dedication of Funds Provided to Library of Congress.-- Notwithstanding any other provision of law-- (1) any funds donated to the Librarian of Congress to support the activities of the Librarian under section 3 shall be deposited entirely into an account established for such purpose; (2) the funds contained in such account shall be used solely to support such activities; and (3) the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of supporting such activities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $500,000 for fiscal year 2007; and (2) such sums as may be necessary for each of the fiscal years 2008 through 2011.

Civil Rights History Project Act of 2006 - Requires the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum.

To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Involvement in Campaigns Act of 2005''. SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. (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 POLITICAL 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 all qualified political contributions paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) shall not exceed $200 ($400 in the case of a joint return). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed with respect to any qualified political contribution only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified political contribution.--The term `qualified political contribution' means a contribution or gift of money, or the fair market value of a contribution or gift of property, to-- ``(A) an individual who is a candidate for nomination or election to any Federal elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office, or ``(B) the national committee of a national political party. ``(2) Candidate.--The term `candidate' means, with respect to any Federal elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(3) National political party.--The term `national political party' means-- ``(A) in the case of qualified political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or ``(B) in the case of qualified political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(d) Election not to Have Section Apply.--A taxpayer may elect not to have this section apply with respect to qualified political contributions made during the taxable year. ``(e) Cross References.-- ``For transfer of appreciated property to a political organization, see section 84. ``For certain indirect contributions to political parties, see section 276.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for certain political contributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. SEC. 3. DEDUCTION FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified political contributions made by the taxpayer during the taxable year. ``(b) Limitation.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $600 ($1200 in the case of a joint return). ``(c) Qualified Political Contribution.--For purposes of this section, the term `qualified political contribution' shall have the meaning given such term by section 25C(c)(1). ``(d) Denial of Double Benefit.--No deduction shall be allowed under subsection (a) to a taxpayer for any qualified political contribution made during the taxable year if a credit is allowed to such taxpayer under section 25C for such year.''. (b) Deduction Allowed Whether or not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(21) Qualified political contributions.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Political contributions.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted.

Citizen Involvement in Campaigns Act of 2005 - Amends the Internal Revenue Code to allow: (1) a $200 tax credit ($400 for joint returns) for contributions to a candidate for Federal elective public office or to the national committee of a national political party; and (2) a tax deduction (available to taxpayers who do not itemize deductions) for such political contributions up to $600 ($1,200 for joint returns).

To amend the Internal Revenue Code of 1986 to provide a credit and a deduction for small political contributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George C. Marshall Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the 50th anniversary of the Marshall Plan and George Catlett Marshall: (1) One dollar silver coins.--Not more than 700,000 one dollar 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. (2) Half dollar clad coins.--Not more than 500,000 half dollar coins each of which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50th anniversary of the Marshall Plan, which gave Europe's war-ravaged countries the economic strength by which they might choose freedom, and George C. Marshall, the author of the plan. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse side.--The obverse side of each coin minted under this Act shall bear the likeness of George C. Marshall. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the George C. Marshall Foundation, the Friends of George C. Marshall, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin 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.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1997. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $12 per coin for the one dollar coin; and (2) $4 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary in equal portions to-- (1) the George C. Marshall Foundation for the purpose of supporting the Foundation's educational and outreach programs to promote the ideals and values of George C. Marshall; and (2) the Friends of George C. Marshall for the sole purpose of constructing and operating the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the George C. Marshall Foundation and the Friends of George C. Marshall as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George Catlett Marshall. Mandates that coin sale surcharges be paid equally to: (1) the George C. Marshall Foundation; and (2) the Friends of George C. Marshall for construction and operation of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania.

George C. Marshall Commemorative Coin Act

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

Church Insurance Protection Act - Expresses the sense of the Congress that: (1) any arson attacks against churches should be condemned; and (2) houses of worship and their congregations should be held harmless for any acts of arson and insurance companies should be prohibited from taking punitive measures against them because of such acts. Prohibits an insurer from canceling, declining to renew, or requiring a higher premium or contribution for fire insurance for a religious property based on: (1) the race, color, religion, or national origin of property users; (2) the status of the property as religious property; (3) any previous arson against the property; or (4) any perceived arson threat. Places authority and responsibility for investigating violations of, and enforcing, this Act in the Attorney General. Authorizes the Attorney General to begin a civil action. Authorizes preventive relief and mandates civil monetary damages.

Church Insurance Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2006''. 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 ``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 ``23,000 acres generally depicted on the map titled `Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve', numbered 467/80100, and dated August 2002,''. (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 boundary of the Barataria Preserve Unit, as depicted on the map described in section 901, by donation, purchase with donated or appropriated funds, but only with the consent of the owner, transfer from any other Federal agency, or exchange. ``(B) Limitations.-- ``(I) Federal land.--Any Federal land acquired in the areas identified on the map as the `Bayou aux Carpes Addition' and `CIT Tract Addition' (the `Areas') shall be transferred without consideration to the administrative jurisdiction of the National Park Service. ``(II) Easements.--Any Federal land in the Areas that is transferred under clause (I) shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army. ``(III) Private interests.--Any private land, water, or interests in land and water in the Barataria Preserve Unit may be acquired by the Secretary only with the consent of the owner.''; (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-- (1) by inserting after ``Barataria Marsh Unit'' ``, but only as to land, water, or interests in land and water managed by the Secretary''; and (2) by striking ``within the core area'' and all that follows through ``he may'' and inserting ``the Secretary may''. (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''. Passed the House of Representatives September 25, 2006. Attest: KAREN L. HAAS, Clerk.

Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2006 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation; and (2) authorize the Secretary of the Interior (the Secretary) to acquire any such additional land, water, and interests in land and water by donation, purchase (but only with the owner's consent), transfer from any other federal agency, or exchange. Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to: (1) be transferred without consideration to the administrative jurisdiction of the National Park Service; and (2) any federal land in the Additions that is transferred, be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army. Permits the acquisition of any private land, water, or interests in land and water in the Unit only with the owner's consent. Modifies and/or eliminates certain provisions related to the acquisition of property within the Unit. Permits hunting, fishing, and trapping within the Unit, but only as to land, water, or interests in land and water managed by the Secretary. Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons.

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.

s, Amendments, Amendments Between the Houses, and Conference Reports.-- (1) In general.--It shall not be in order in the Senate to consider a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that includes an earmark. (2) Procedure.-- (A) In general.--Upon a point of order being made by any Senator under paragraph (1) against an earmark, and such point of order being sustained, such earmark shall be stricken. (B) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. 644(e)). (b) Conference Report and Amendment Between the Houses Procedure.-- When the Senate is considering a conference report, or an amendment between the Houses-- (1) upon a point of order being made by any Senator under subsection (a) with respect to one or more earmarks, and such point of order being sustained, such earmarks shall be stricken; and (2) after all points of order under subsection (a) have been disposed of-- (A) the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken; (B) any such motion in the Senate shall be debatable under the same conditions as was the conference report or amendment between the Houses; and (C) in any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) Waiver; Appeal.--A point of order under subsection (a) may be waived only by an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (d) Definitions.-- (1) Earmark.--For the purpose of this section, the term ``earmark'' means a provision or report language included primarily at the request of a Senator or Member of the House of Representatives as certified under paragraph 1(a)(1) of rule XLIV of the Standing Rules of the Senate-- (A) 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; (B) that-- (i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of 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 (C) modifying the Harmonized Tariff Schedule of the United States in a manner that benefits ten or fewer entities. (2) Determination by the senate.--In the event the Chair is unable to ascertain whether a provision with respect to which a Senator raises a point of order under subsection (a) constitutes an earmark, the question of whether the provision constitutes an earmark shall be submitted to the Senate and be decided without debate by an affirmative vote of two-thirds of the Senators, duly chosen and sworn. (e) Application.--This section shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality, or congressional district.

Earmark Elimination Act of 2018 This bill establishes a point of order in the Senate against considering legislation that includes an earmark. Under the bill, an "earmark" is a congressionally directed spending item, tax benefit, or tariff benefit targeted to a specific recipient or group of beneficiaries. The point of order may be waived by an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. If the point of order is successfully raised and sustained, the earmark shall be stricken from the legislation.

Earmark Elimination Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Give Fans a Chance Act of 2001''. SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION. The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et seq.), is amended by adding at the end the following: ``SEC. 7. CONDITIONAL APPLICATION OF ACT. ``(a) Inapplicability.--This Act shall not apply to a league of clubs of a professional sport for any period during which any member club of such league is-- ``(1) subject to such league's requirement, or to an agreement made by 2 or more member clubs of such league, that forbids any of such clubs to transfer (by sale or otherwise) an ownership interest of any kind in such club to any governmental entity or to members of the general public; or ``(2) not in compliance with subsection (b) or (c). ``(b) Notice of Proposed Change in Community; Opportunities To Respond to Proposed Relocation or Elimination.-- ``(1) In general.--A member club that proposes to relocate, or a league that proposes to relocate or eliminate a member club, out of a community in the home territory of the member club shall furnish notice of such proposed relocation or elimination not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location. ``(2) Persons entitled to receive notice.--The notice required by paragraph (1) shall be furnished to all interested persons. ``(3) Requirements.--The notice shall-- ``(A) be in writing and delivered in person or by certified mail; ``(B) be made available to the news media; ``(C) be published in 1 or more newspapers of general circulation within the club's home community; and ``(D) contain-- ``(i) an identification of the proposed new home community of such club if applicable; ``(ii) a summary of the reasons for the proposed relocation or elimination based on the criteria listed in subsection (c); and ``(iii) the date on which the proposed relocation or elimination would become effective. ``(4) Opportunity to offer to purchase.-- ``(A) In general.--During the 180-day notice period specified in paragraph (1), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the club to retain the club in the home community. ``(B) Membership in league.--If a bid under subparagraph (A) is successful, the league of which the club is a member shall not prohibit the club's membership in the league on the basis that the club is owned in whole or in part by several persons or entities, or by 1 or more local governments. ``(5) Opportunity to induce club to stay.--During the 180- day notice period specified in paragraph (1), the club (and the league of which the club is a member) shall give a local government, stadium authority, person, or any combination thereof, the opportunity to prepare and present a proposal to induce the club to remain in its home community. ``(6) Response.--The response of the owner of the club to any offer made under paragraph (4) or (5) shall-- ``(A) be in writing and delivered in person or by certified mail; and ``(B) state in detail the reasons for refusal of any bona fide offer. ``(7) Determination by league.-- ``(A) In general.--The league of which the club is a member shall make a determination, before the expiration of the 180-day notice period specified in paragraph (1), with respect to the relocation or elimination of the club out of its home community. ``(B) Hearings.--In making a determination under this paragraph, the league shall conduct a hearing at which interested persons are afforded an opportunity to present oral or written testimony regarding the proposed relocation or elimination of the club. The league shall keep a record of all such proceedings. ``(C) Consideration of proposals.--The league shall take into account any inducement proposal that is offered under paragraph (5). ``(8) Considerations.--In determining whether to approve or disapprove the relocation or elimination of the club, the league shall take into consideration the criteria listed in subsection (c). ``(c) Criteria for Relocation or Elimination Decisions.-- Notwithstanding any other law, before making a decision to approve or disapprove the relocation or elimination of a club out of its home community, the league of which such club is a member shall take into consideration-- ``(1) the extent to which fan loyalty to and support for the club has been demonstrated during the club's operation in such community; ``(2) the degree to which the club has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the club would continue to play home games in such community or elsewhere within the club's home territory; ``(3) the degree to which the ownership or management of the club has contributed to any circumstances that might demonstrate the need for the relocation or elimination; ``(4) the extent to which the club, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; ``(5) the adequacy of the stadium in which the club played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; ``(6) whether the club has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the club; ``(7) whether any other club in the league is located in the same home community; ``(8) whether the club proposes to relocate to a community that is the home community of another member club of the league; ``(9) whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and ``(10) whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in such community.''. SEC. 3. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act.

Give Fans a Chance Act of 2001 - Provides that the antitrust exemption applicable to broadcasting agreements made by professional sports leagues shall not apply to a league for any period during which any member club is: (1) subject to a league's requirement or to an agreement made by two or more member clubs that forbids any of such clubs to transfer an ownership interest to any governmental entity or to members of the general public; or (2) not in compliance with the following relocation or elimination requirements.Requires a member club or a league to furnish notice of a proposed relocation of a club out of its home territory or of club elimination not later than 180 days before the commencement of the new season. Provides that, during the notice period: (1) a local government, stadium, arena authority, person, or any combination thereof (local government) may prepare and present a proposal to purchase the club to retain it in the home community; and (2) the club and the league shall give a local government the opportunity to present a proposal to induce the club to remain. Directs the league to make a determination, before the expiration of the notice period, regarding the relocation or elimination. Sets forth criteria for relocation or elimination decisions, including the extent to which fan loyalty to and support for the club has been demonstrated.

To amend the Act of September 30, 1961, to limit the antitrust exemption applicable to broadcasting agreements made by leagues of professional sports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity Act of 2009''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end thereof the following new paragraphs: ``(9) Regional cost-of-living adjustments.-- ``(A) In general.--In the case of an individual, the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). ``(B) Method of making regional adjustment.--The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: ``(i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual's primary place of abode during the taxable year is located. ``(ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. ``(iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(10) Determination of multipliers.-- ``(A) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(B) Determination of multipliers.-- ``(i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. ``(ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. ``(iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. ``(C) Cost-of-living differential.--The cost-of- living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(i) the cost-of-living for such area for the preceding calendar year; by ``(ii) the average cost-of-living for the United States for the preceding calendar year. ``(D) Cost-of-living for area.-- ``(i) In general.--For each calendar year beginning after 2009, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(ii) Methodology.--The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(E) Statistical area.--For purposes of this subsection the term `statistical area' means-- ``(i) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(ii) the portion of any State not within a metropolitan statistical area as so defined. ``(11) Areas outside the united states.--The area applicable multiplier for any area outside the United States shall be 1.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 2010 shall be the date 1 year after the date of the enactment of this Act.

Tax Equity Act of 2009 - Amends the Internal Revenue Code to provide regional cost-of-living adjustments in individual income tax rates. Directs the Secretary of Labor to produce a regional cost-of-living index.

To amend the Internal Revenue Code of 1986 to provide for adjustments in the individual income tax rates to reflect regional differences in the cost-of-living.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family-Friendly Workplace Act''. SEC. 2. COMPENSATORY TIME. Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ``(r) Compensatory Time Off for Private Employees.-- ``(1) General rule.-- ``(A) Compensatory time off.--An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. ``(B) Definition.--For purposes of this subsection, the term `employee' does not include an employee of a public agency. ``(2) Conditions.--An employer may provide compensatory time to employees under paragraph (1)(A) only if such time is provided in accordance with-- ``(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization which has been certified or recognized as the representative of the employees under applicable law; or ``(B) in the case of employees who are not represented by a labor organization which has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)-- ``(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and ``(ii) entered into knowingly and voluntarily by such employees and not as a condition of employment. No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1000 hours for the employee's employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off. ``(3) Hour limit.-- ``(A) Maximum hours.--An employee may accrue not more than 160 hours of compensatory time. ``(B) Compensation date.--Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. ``(C) Excess of 80 hours.--The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). ``(D) Policy.--Except where a collective bargaining agreement provides otherwise, an employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. ``(E) Written request.--An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). ``(4) Private employer actions.--An employer which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of-- ``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or ``(B) requiring any employee to use such compensatory time. ``(5) Termination of employment.--An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6). ``(6) Rate of compensation.-- ``(A) General rule.--If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than-- ``(i) the regular rate received by such employee when the compensatory time was earned; or ``(ii) the final regular rate received by such employee, whichever is higher. ``(B) Consideration of payment.--Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. ``(7) Use of time.--An employee-- ``(A) who has accrued compensatory time off authorized to be provided under paragraph (1); and ``(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. ``(8) Definitions.--The terms `overtime compensation' and `compensatory time' shall have the meanings given such terms by subsection (o)(7).''. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b), by striking ``(b) Any employer'' and inserting ``(b) Except as provided in subsection (f), any employer''; and (2) by adding at the end the following: ``(f) An employer which violates section 7(r)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(r)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.''. SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 CFR 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. SEC. 5. SUNSET. This Act and the amendments made by this Act shall expire 5 years after the date of the enactment of this Act.

Family-Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees, at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation; or (2) require an employee to use such compensatory time. Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.

To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Preventive Health Awareness Campaign''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Well-woman visits are the foundation on which women's preventive care is built. Such visits include not only specific screening tests, but also a medical history, physical examination, evaluation and counseling, and, as indicated, vaccinations. (2) Over the past 20 years, it has become clear that ``one size does not fit all'' when it comes to prevention. Although a 30-year-old woman without risk factors for cervical cancer may only need a Pap test with HPV co-testing every 5 years, the same woman would need more frequent screening if she were infected with HIV or had a history of cervical cancer precursors. (3) It is only after taking a medical history and evaluating and counseling a patient that a physician can make patient-specific recommendations for screening tests, vaccinations, preventive medications, and other preventive services. (4) Well-woman visits facilitate increased access to health care that is shown to identify chronic disease risk factors, promote well-being, and decrease the likelihood or delay the onset of a targeted disease or condition. (5) Heart disease, stroke, and other cardiovascular diseases are the number one cause of death in American women, claiming over 400,000 lives each year, or nearly one death each minute. (6) Women are less likely than men to receive aggressive diagnosis and treatment for cardiovascular diseases. (7) Women are more likely than men to have forgone needed health care due to cost. (8) Between 2002 and 2010, screening mammography rates among women in the United States who were 50 years of age to 64 years of age declined from about 79 percent to 73 percent. (9) In 2009, only 53 percent of 18- to 64-year-olds in the United States reported having ever received an HIV test. (10) The proportion of women in the United States 22 years of age to 30 years of age who reported never having had a Pap test increased from 6.6 percent in 2000 to 9.0 percent in 2010 despite current recommendations that they receive a Pap test every three years. (11) In 2007, 29.3 percent of women in the United States delivering a live birth did not receive any prenatal care in the first trimester, even though first trimester prenatal care is recommended. (12) Among sexually active females in the United States who are 16 years of age to 20 years of age, only 52.7 percent of such females receiving benefits under the Medicaid program and 40.1 percent of such females with health insurance coverage under commercial health insurance plans were screened for genital Chlamydia infections during the measurement year, as reported in 2008. A 2013 analysis published by the Centers for Disease Control and Prevention found that for Chlamydia cases diagnosed in 2008 alone, the associated lifetime direct medical costs amount to $516.7 million. (13) Almost half (49 percent) of the 6.7 million pregnancies in the United States each year (3.2 million) are unintended. Multiple studies have shown that improved access to birth control significantly improves the health of women and their families, as it is directly linked to improved maternal and infant health outcomes. Women that plan their pregnancies are more likely to access prenatal care, improving their own health and the health of their children. (14) Between 2006 and 2010, one-third of all pregnancies were conceived within 18 months of a previous birth, an interval that is potentially harmful to the health of the mother. (15) Improved access to family planning also saves money. For every $1.00 invested in family planning, taxpayers save nearly $4.00 in Medicaid-related expenses. (16) During the 2011-2012 flu season, 53 percent of pregnant women did not receive recommended vaccination against influenza. SEC. 3. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et al.) is amended by adding at the end the following new section: ``SEC. 399V-6. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN. ``(a) In General.--The Secretary shall provide for the planning and implementation of a national public outreach and education campaign to raise public awareness, including provider awareness, of women's preventive health. Such campaign shall include the media campaign under subsection (b) and the website under subsection (c) and shall provide for the dissemination of information that-- ``(1) describes the guidelines for women's preventive services, including the cervical cancer recommendations updated in 2012, by the United States Preventive Services Task Force, by the American College of Obstetricians and Gynecologists (ACOG), and by the American Cancer Society, the American Society for Colposcopy and Cervical Pathology, and the American Society for Clinical Pathology; ``(2) promotes well-woman visits for health assessments which include screenings, evaluations, counseling, immunizations, and prenatal visits, as appropriate; ``(3) explains the women's preventive services that are required under section 2713 to be covered without cost-sharing by a group health plan or a health insurance issuer offering group or individual health insurance coverage that is not a grandfathered plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act); and ``(4) addresses health disparities in the area of women's prevention. ``(b) Media Campaign.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, as part of the campaign under subsection (a), the Secretary shall establish and implement a national media campaign. ``(2) Requirement of campaign.--The campaign implemented under paragraph (1)-- ``(A) shall disseminate information about the updated guidelines for women's preventive services described in subsection (a)(1), promote well-woman visits described in subsection (a)(2), and provide information on the women's preventive services described in subsection (a)(3); and ``(B) may include the use of television, radio, Internet, and other commercial marketing venues. ``(c) Website.--As part of the campaign under subsection (a), the Secretary shall, in consultation with private sector experts or through contract with a private entity including a medical association or non- profit organization, maintain and update an Internet website to provide information and resources about the updated guidelines for women's preventive services described in subsection (a)(1), promote well-woman visits, and provide information on the women's preventive services described in subsection (a)(3). ``(d) Funding.--The Secretary may use, out of any funds otherwise made available to the Department of Health and Human Services, such sums as may be necessary to carry out this section.''.

Women's Preventive Health Awareness Campaign - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) provide for the planning and implementation of a national public outreach and educational campaign to raise public awareness, including provider awarenesss, of women's preventive health; and (2) establish a national media campaign and maintain and update an appropriate Internet website as part of such campaign.

Women's Preventive Health Awareness Campaign

SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Search and Recovery Act''. SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND. (a) Definitions.--In this section: (1) Eligible.--The term ``eligible'', with respect to an organization or individual, means that the organization or individual, respectively, is-- (A) acting in a not-for-profit capacity; and (B) certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good samaritan search-and-recovery mission.--The term ``good Samaritan search-and-recovery mission'' means a search for 1 or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as applicable. (b) Process.-- (1) In general.--Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions. (2) Inclusions.--The process developed and implemented under this subsection shall include provisions to clarify that-- (A) an eligible organization or individual granted access under this section-- (i) shall be acting for private purposes; and (ii) shall not be considered to be a Federal volunteer; (B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54, United States Code; (C) chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (D) chapter 81 of title 5, United States Code (commonly known as the ``Federal Employees Compensation Act''), shall not apply to an eligible organization or individual conducting a good Samaritan search-and- recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment. (c) Release of Federal Government From Liability.--The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual-- (1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and (2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this section. (d) Approval and Denial of Requests.-- (1) In general.--The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made. (2) Denials.--If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of-- (A) the reason for the denial of the request; and (B) any actions that the eligible organization or individual can take to meet the requirements for the request to be approved. (e) Partnerships.--Each Secretary shall develop search-and- recovery-focused partnerships with search-and-recovery organizations-- (1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and (2) to expedite and accelerate good Samaritan search-and- recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary. (f) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a joint report describing-- (1) plans to develop partnerships described in subsection (e)(1); and (2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).

Good Samaritan Search and Recovery Act Directs the Department of the Interior and the Department of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal land to conduct good Samaritan search-and-recovery missions, which are searches for one or more missing individuals believed to be deceased at the time that the search is initiated. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires Interior and USDA to develop search-and-recovery focused partnerships with search-and-recovery organizations to coordinate good Samaritan search-and-recovery missions, and expedite and accelerate mission efforts for missing individuals.

Good Samaritan Search and Recovery Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Energy and Water Efficiency Act of 2015''. SEC. 2. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is amended by adding at the end the following: ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a utility; ``(B) a municipality; ``(C) a water district; and ``(D) any other authority that provides water, wastewater, or water reuse services. ``(2) Smart energy and water efficiency pilot program.--The term `smart energy and water efficiency pilot program' or `pilot program' means the pilot program established under subsection (b). ``(b) Smart Energy and Water Efficiency Pilot Program.-- ``(1) In general.--The Secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section. ``(2) Purpose.--The purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate novel and innovative technology-based solutions that will-- ``(A) increase the energy efficiency of water, wastewater, and water reuse systems; ``(B) improve energy efficiency of water, wastewater, and water reuse systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and ``(C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. ``(3) Project selection.-- ``(A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. ``(B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- ``(i) energy and cost savings; ``(ii) the novelty of the technology to be used; ``(iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; ``(iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; ``(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and ``(vi) whether the project will be completed in 5 years or less. ``(C) Applications.-- ``(i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. ``(ii) Contents.--An application under clause (i) shall, at a minimum, include-- ``(I) a description of the project; ``(II) a description of the technology to be used in the project; ``(III) the anticipated results, including energy and water savings, of the project; ``(IV) a comprehensive budget for the project; ``(V) the names of the project lead organization and any partners; ``(VI) the number of users to be served by the project; and ``(VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. ``(4) Administration.-- ``(A) In general.--Not later than 300 days after the date of enactment of this section, the Secretary shall select grant recipients under this section. ``(B) Evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- ``(i) evaluates the progress and impact of the project; and ``(ii) assesses the degree to which the project is meeting the goals of the pilot program. ``(C) Technical and policy assistance.--On the request of a grant recipient, the Secretary shall provide technical and policy assistance. ``(D) Best practices.--The Secretary shall make available to the public-- ``(i) a copy of each evaluation carried out under subparagraph (B); and ``(ii) a description of any best practices identified by the Secretary as a result of those evaluations. ``(E) Report to congress.--The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). ``(c) Funding.-- ``(1) In general.--The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. ``(2) Prioritization.--In funding activities under this section, the Secretary shall prioritize funding in the following manner: ``(A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. ``(B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.''.

Smart Energy and Water Efficiency Act of 2015 This bill amends the Energy Policy Act of 2005 to require the Department of Energy (DOE) to establish and carry out a smart energy and water efficiency pilot program to award grants to utilities, municipalities, water districts, and other water authorities for demonstrating novel and innovative technology-based solutions that will: increase the energy efficiency of water, wastewater, and water reuse systems; improve those systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. DOE must annually evaluate each grant project and make best practices identified in the evaluations available to the public.

Smart Energy and Water Efficiency Act of 2015

SECTION 1. CREDIT FOR ENERGY EFFICIENT APPLIANCES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.--For purposes of section 38, the energy efficient appliance credit determined under this section for the taxable year is an amount equal to the applicable amount determined under subsection (b) with respect to the eligible production of qualified energy efficient appliances produced by the taxpayer during the calendar year ending with or within the taxable year. ``(b) Applicable Amount; Eligible Production.--For purposes of subsection (a)-- ``(1) Applicable amount.--The applicable amount is-- ``(A) $50, in the case of-- ``(i) a clothes washer which is produced in 2003 with at least a 1.26 MEF (at least 1.42 MEF for washers produced after 2003 but not after 2006), or ``(ii) a refrigerator produced in 2003 which consumes at least 10 percent less kWh per year than the energy conservation standards for refrigerators promulgated by the Department of Energy effective July 1, 2001, ``(B) $100, in the case of-- ``(i) a clothes washer which is produced in 2003 with at least a 1.42 MEF (at least 1.5 MEF for washers produced after 2003 and before 2008), or ``(ii) a refrigerator produced after 2002 and before 2007 which consumes at least 15 percent less kWh per year (at least 20 percent less kWh per year for refrigerators produced in 2007) than such energy conservation standards, and ``(C) $150, in the case of a refrigerator which consumes at least 20 percent less kWh per year than such energy conservation standards and is produced after 2002 and before 2007. ``(2) Eligible production.-- ``(A) In general.--The eligible production of each category of qualified energy efficient appliances is the excess of-- ``(i) the number of appliances in such category which are produced by the taxpayer during such calendar year, over ``(ii) the average number of appliances in such category which were produced by the taxpayer during calendar years 2000, 2001, and 2002. ``(B) Categories.--For purposes of subparagraph (A), the categories are-- ``(i) clothes washers described in paragraph (1)(A)(i), ``(ii) clothes washers described in paragraph (1)(B)(i), ``(iii) refrigerators described in paragraph (1)(A)(ii), ``(iv) refrigerators described in paragraph (1)(B)(ii), and ``(v) refrigerators described in paragraph (1)(C). ``(C) Special rule for 2003 production.--For purposes of determining eligible production for calendar year 2003-- ``(i) only production after the date of enactment of this section shall be taken into account under subparagraph (A)(i), and ``(ii) the amount taken into account under subparagraph (A)(ii) shall be an amount which bears the same ratio to the amount which would (but for this subparagraph) be taken into account under subparagraph (A)(ii) as-- ``(I) the number of days in calendar year 2003 after the date of enactment of this section, bears to ``(II) 365. ``(c) Limitation on Maximum Credit.-- ``(1) In general.--The maximum amount of credit allowed under subsection (a) with respect to a taxpayer for all taxable years shall be $60,000,000 except that not more than $30,000,000 shall be allowed for production of any combination of clothes washers produced with a 1.26 MEF (described in subsection (b)(1)(A)(i)) and refrigerators described in subsection (b)(1)(A)(ii). ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) a clothes washer described in subparagraph (A)(i) or (B)(i) of subsection (b)(1), or ``(B) a refrigerator described in subparagraph (A)(ii), (B)(ii) or (C) of subsection (b)(1). ``(2) Clothes washer.--The term `clothes washer' means a residential clothes washer, including a residential style coin operated washer. ``(3) Refrigerator.--The term `refrigerator' means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(4) MEF.--The term `MEF' means Modified Energy Factor (as determined by the Secretary of Energy). ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(2) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as 1 person for purposes of subsection (a). ``(f) Verification.--The taxpayer shall submit such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary to claim the credit amount under subsection (a).''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of energy efficient appliance credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the energy efficient appliance credit determined under section 45G may be carried to a taxable year ending before January 1, 2003.''. (c) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the energy efficient appliance credit determined under section 45G(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. Energy efficient appliance credit.''. (e) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2002, in taxable years ending after such date.

Amends the Internal Revenue Code to establish a limited energy efficient appliance credit for the eligible production of qualified energy efficient appliances produced by a taxpayer.

To amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit.

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

Fannie Mae and Freddie Mac Full Disclosure Act - Amends the Federal National Mortgage Association Charter Act to declare that stock, obligations, securities, participations, or other instruments issued by the Federal National Mortgage Association (Fannie Mae) shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission (SEC) (thus subjecting such securities to SEC regulation). Amends the Federal Home Loan Mortgage Corporation Act to declare that any securities issued or guaranteed by the Federal Home Loan Mortgage Corporation (Freddie Mac) shall not be exempt securities within the meaning of SEC-administered laws (thus subjecting such securities also to SEC regulation). States that transactions involving the initial disposition by an approved seller of pooled certificates acquired by the seller from Fannie Mae or Freddie Mac upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the SEC. Defines pooled certificates as single class mortgage-backed securities guaranteed by Fannie Mae or Freddie Mac that have been issued by Fannie or Freddie directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. Amends the Securities Act of 1933 to exempt specified applicants filing a securities registration statement subject to a fee from being required to pay aggregate fees in excess of 5% of the target offsetting collection amount for the fiscal year. States that fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Adams National Historical Park Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Adams National Historical Park. Sec. 5. Administration. Sec. 6. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) In 1946, the Secretary of the Interior, by means of the authority provided to the Secretary under section 2 of the Act of August 21, 1935 (16 U.S.C. 462; commonly known as the Historic Sites, Buildings, and Antiquities Act), established the Adams Mansion National Historic Site in Quincy, Massachusetts. (2) In 1952, again using the authority provided under the Act of August 21, 1935, the Secretary enlarged the historic site and renamed it the Adams National Historic Site. (3) In 1972, title III of Public Law 92-272 (86 Stat. 121) authorized the Secretary to expand the boundaries of the Adams National Historic Site to include an additional 3.68 acres and to acquire lands and interests in lands within the expanded boundaries. (4) Section 312 of the National Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 3479) authorized the Secretary to accept the conveyance of the birthplaces in Quincy, Massachusetts, of John Adams, second President of the United States, and John Quincy Adams, sixth President of the United States, and to administer the birthplaces as part of the Adams National Historic Site. (5) In 1980, Public Law 96-435 (94 Stat. 1861) authorized the Secretary to accept the conveyance of the United First Parish Church in Quincy, Massachusetts, the burial site of John Adams and his wife, Abigail Adams, and John Quincy Adams and his wife, Louisa Adams, and to administer the burial site as part of the Adams National Historic Site. (6) The actions described in the preceding paragraphs to preserve for the benefit, education, and inspiration of present and future generations of Americans the home, property, birthplaces, and burial site of John Adams, Abigail Adams, John Quincy Adams, and Louisa Adams, have resulted in a multi-site unit of the National Park System with no overarching enabling or authorizing legislation. (7) The sites and resources associated with John Adams and his wife, Abigail Adams, and John Quincy Adams and his wife, Louisa Adams, deserve recognition as a national historical park in the National Park System. SEC. 3. DEFINITIONS. As used in this Act: (1) Historical park.--The term ``historical park'' means the Adams National Historical Park established in section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ADAMS NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit, education, and inspiration of the people of the United States certain properties in Quincy, Massachusetts, associated with John Adams, second President of the United States, his wife, Abigail Adams, John Quincy Adams, sixth President of the United States, and his wife, Louisa Adams, there is established the Adams National Historical Park as a unit of the National Park System. (b) Boundaries.--The historical park shall be comprised of-- (1) all property owned by the National Park Service in the Adams National Historic Site as of the date of the enactment of this Act, as well as all property previously authorized to be acquired by the Secretary for inclusion in the Adams National Historic Site, as generally depicted on the map entitled ``Adams National Historical Park'', numbered NARO 386/92001, and dated July 22, 1992; and (2) all property authorized to be acquired for inclusion in the historical park by this Act or other law enacted after the date of the enactment of this Act. (c) Visitor and Administrative Sites.--To preserve the historical character and landscape of the main features of the historical park, the Secretary may acquire up to 10 acres for the development of visitor, administrative, museum, curatorial, and maintenance facilities adjacent to or in the general proximity of the property depicted on the map identified in subsection (b)(1). (d) Map.--The map of the historical park shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION. (a) In General.--The park shall be administered by the Secretary in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.-- (1) Agreements authorized.--The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Condition.--Any payments made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to the condition that conversion, use, or disposal of the project for which the payments are made for purposes contrary to the purposes for which the historical park is established, as determined by the Secretary, will result in a right of the United States to reimbursement in an amount equal to the greater of-- (A) all payments made by the Secretary in connection with the project; or (B) the proportion of the increased value of the project attributable to the payments, as determined at the time of such conversion, use, or disposal. (c) Acquisition of Real Property.--To advance the purposes for which the historical park is established, the Secretary may acquire real property within the boundaries of the historical park by any of the following methods: (1) Purchase using funds appropriated or donated to the Secretary. (2) Acceptance of a donation of the real property. (3) Use of a land exchange. (d) Repeal of Superseded Administrative Authorities.--(1) Section 312 of the National Parks and Recreation Act of 1978 (Public Law 95- 625; 92 Stat. 3479) is amended-- (A) by striking ``(a)'' after ``Sec. 312.''; and (B) by striking subsection (b). (2) The first section of Public Law 96-435 (94 Stat. 1861) is amended-- (A) by striking ``(a)'' after ``That''; and (B) by striking subsection (b). (e) References to Historic Site.--Any reference in any law (other than this Act), regulation, document, record, map, or other paper of the United States to the Adams National Historic Site shall be considered to be a reference to the historical park. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes for which the historical park is established, for annual operations and maintenance of the historical park, and for acquisition of property and development of facilities necessary to operate and maintain the historical park, as may be outlined in an approved general management plan for the historical park.

Adams National Historical Park Act of 1998 - Establishes as a unit of the National Park System the Adams National Historical Park in Quincy, Massachusetts, to preserve certain properties associated with John and John Quincy Adams, the second and sixth Presidents of the United States, and their wives. Requires the Park to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements for the Park's preservation, development, interpretation, and use. Authorizes appropriations.

Adams National Historical Park Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Health Care Accessibility Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Community Health Centers (CHCs) are nonprofit, community supported health care facilities providing primary and preventive health care services to over 15,000,000 low- income, underinsured, and uninsured families. (2) Nearly 70 percent of CHC patients have family incomes at or below poverty ($15,000 annual income for a family of three). In addition, nearly 40 percent of CHC patients are uninsured. (3) For many patients, CHCs are the only source of health care services available. While the number of uninsured patients at CHCs is rapidly growing--from around 3,900,000 in 1998 to over 5,900,000 today--the number of physicians available to treat these patients is decreasing. (4) There is a critical shortage of physicians available at CHCs to meet the health care needs of the uninsured and underinsured. The Journal of the American Medical Association reports a 13-percent vacancy rate for family physicians, a 9- percent vacancy rate for internists, a 20-percent vacancy rate for OB-GYNs and a 22-percent vacancy rate for psychiatrists. (5) Physicians hired by CHCs are covered by the Federal Tort Claims Act for medical liability costs. However, physicians who wish to volunteer at CHCs are not covered by the Federal Tort Claims Act. (6) CHCs have limited resources to meet the current and future needs of the uninsured and underinsured. Physicians are willing to volunteer at CHCs, however, they are dissuaded from doing so because of the cost of medical liability insurance. Extending Federal Tort Claims Act coverage to volunteer physicians would result in more patients being served at a lower cost at CHCs. SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR VOLUNTEER PRACTITIONERS. (a) In General.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended-- (1) in subsection (g)(1)(A)-- (A) in the first sentence, by striking ``or employee'' and inserting ``employee, or (subject to subsection (k)(4)) volunteer practitioner''; and (B) in the second sentence, by inserting ``and subsection (k)(4)'' after ``subject to paragraph (5)''; and (2) in each of subsections (g), (i), (j), (k), (l), and (m)-- (A) by striking the term ``employee, or contractor'' each place such term appears and inserting ``employee, volunteer practitioner, or contractor''; (B) by striking the term ``employee, and contractor'' each place such term appears and inserting ``employee, volunteer practitioner, and contractor''; (C) by striking the term ``employee, or any contractor'' each place such term appears and inserting ``employee, volunteer practitioner, or contractor''; and (D) by striking the term ``employees, or contractors'' each place such term appears and inserting ``employees, volunteer practitioners, or contractors''. (b) Applicability; Definition.--Section 224(k) of the Public Health Service Act (42 U.S.C. 233(k)) is amended by adding at the end the following paragraph: ``(4)(A) Subsections (g) through (m) apply with respect to volunteer practitioners beginning with the first fiscal year for which an appropriations Act provides that amounts in the fund under paragraph (2) are available with respect to such practitioners. ``(B) For purposes of subsections (g) through (m), the term `volunteer practitioner' means a practitioner who, with respect to an entity described in subsection (g)(4), meets the following conditions: ``(i) The practitioner is a licensed physician or a licensed clinical psychologist. ``(ii) At the request of such entity, the practitioner provides services to patients of the entity, at a site at which the entity operates or at a site designated by the entity. The weekly number of hours of services provided to the patients by the practitioner is not a factor with respect to meeting conditions under this subparagraph. ``(iii) The practitioner does not for the provision of such services receive any compensation from such patients, from the entity, or from third-party payors (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program).''.

Family Health Care Accessibility Act of 2007 - Amends the Public Health Service Act to deem volunteer practitioners who provide medical services to patients at certain nonprofit health centers in underserved areas as employees of the Public Health Service (thus extending the liability protections of the Federal Tort Claims Act to such practitioners). Defines "volunteer practitioner" as a licensed physician or licensed clinical psychologist who provides services to patients of a health center without compensation or reimbursement at a health center site or a site designated by a health center.

To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Self-Sufficiency Act of 2009''. SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS. Subsection (h) of section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Section 8 fees.-- ``(A) In general.--The Secretary shall establish a fee under section 8(q) for the costs incurred in administering the self-sufficiency program under this section to assist families receiving voucher assistance through section 8(o). ``(B) Eligibility for fee.--The fee shall provide funding for family self-sufficiency coordinators as follows: ``(i) Base fee.--A public housing agency serving 25 or more participants in the family self-sufficiency program under this section shall receive a fee equal to the costs of employing one full-time family self-sufficiency coordinator. An agency serving fewer than 25 such participants shall receive a prorated fee. ``(ii) Additional fee.--An agency that meets minimum performance standards shall receive an additional fee sufficient to cover the costs of employing a second family self- sufficiency coordinator if the agency has 75 or more participating families, and a third such coordinator if it has 125 or more participating families. ``(iii) Previously funded agencies.--An agency that received funding from the Department of Housing and Urban Development for more than three such coordinators in any of fiscal years 1999 through 2008 shall receive funding for the highest number of coordinators funded in a single fiscal year during that period, provided they meet applicable size and performance standards. ``(iv) Initial year.--For the first year in which a public housing agency exercises its right to develop an family self-sufficiency program for its residents, it shall be entitled to funding to cover the costs of up to one family self-sufficiency coordinator, based on the size specified in its action plan for such program. ``(v) State and regional agencies.--For purposes of calculating the family self- sufficiency portion of the administrative fee under this subparagraph, each administratively distinct part of a State or regional public housing agency shall be treated as a separate agency. ``(vi) Determination of number of coordinators.--In determining whether a public housing agency meets a specific threshold for funding pursuant to this paragraph, the number of participants being served by the agency in its family self-sufficiency program shall be considered to be the average number of families enrolled in such agency's program during the course of the most recent fiscal year for which the Department of Housing and Urban Development has data. ``(C) Proration.--If insufficient funds are available in any fiscal year to fund all of the coordinators authorized under this section, the first priority shall be given to funding one coordinator at each agency with an existing family self-sufficiency program. The remaining funds shall be prorated based on the number of remaining coordinators to which each agency is entitled under this subparagraph. ``(D) Recapture.--Any fees allocated under this subparagraph by the Secretary in a fiscal year that have not been spent by the end of the subsequent fiscal year shall be recaptured by the Secretary and shall be available for providing additional fees pursuant to subparagraph (B)(ii). ``(E) Performance standards.--Within six months after the date of the enactment of this paragraph, the Secretary shall publish a proposed rule specifying the performance standards applicable to funding under clauses (ii) and (iii) of subparagraph (B). Such standards shall include requirements applicable to the leveraging of in-kind services and other resources to support the goals of the family self-sufficiency program. ``(F) Data collection.--Public housing agencies receiving funding under this paragraph shall collect and report to the Secretary, in such manner as the Secretary shall require, information on the performance of their family self-sufficiency programs. ``(G) Evaluation.--The Secretary shall conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable. Not later than the expiration of the 4- year period beginning upon the enactment of this paragraph, the Secretary shall submit an interim evaluation report to the Congress. Not later than the expiration of the 8-year period beginning upon such enactment, the Secretary shall submit a final evaluation report to the Congress. There is authorized to be appropriated $10,000,000 to carry out the evaluation under this subparagraph. ``(H) Incentives for innovation and high performance.--The Secretary may reserve up to 10 percent of the amounts made available for administrative fees under this paragraph to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving the goals of the program.''. Passed the House of Representatives April 29, 2009. Attest: LORRAINE C. MILLER, Clerk.

Family Self-Sufficiency Act of 2009 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development. Prescribes: (1) a base fee for a public housing agency serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families. Permits the Secretary to reserve certain amounts to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals.

To provide for payment of an administrative fee to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Research for Women in Trauma Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Most studies of violence against women currently focus on physical abuse or rape, primarily because they are easier to identify and measure and are potentially lethal, however, almost all battered women describe psychological abuse as the most harmful. (2) Most available research on violence against women has focused on young to middle-aged white women living in the community although available data shows that incarcerated women, women living in poverty, women belonging to minority ethnic and language groups, older women, and women with mental and physical disabilities report especially high rates of victimization. (3) Victims of violence are at increased risk for a number of physical and mental health problems, for example, in primary care practice, women who have been raped report more symptoms of illness and more negative health behaviors than nonvictimized women. (4) Effective methods for screening to identify women affected by violence are prerequisite to understanding the outcomes of abuse-sensitive medical care, for example, the effect of medical attention to violence on perceived health utilization of health services over time, and patient satisfaction. (5) Violence against women occurs in a sociocultural context. More research should be conducted to identify sociocultural factors that promote and maintain violence against women and to learn how sociocultural factors, such as gender roles and poverty, mediate the effects of interpersonal victimization. (6) There are a number of community-based and legal system interventions available to victims of interpersonal violence. However, there is little evaluation research on the effectiveness of these interventions, especially for various subpopulations of women. More research needs to be conducted on the effectiveness of legal and community-based interventions, not only those with the goal of changing the behavior of assailants but also those with the goal of helping women take safety-promoting actions. (7) Much of the research on violence against women examines continuing rates of physical or psychological abuse as outcome measures and measures the behavior of the perpetrators, not something over which the woman has direct and immediate control. However, research on the women's attempts to manage and end the violence in their lives is rare. (8) Much of the extant research has focused on violence against women in the streets (sexual assault) or in their homes (domestic violence and battering). However, consistent focus on violence against women in work-related (violence by partners in these settings and by coworkers and colleagues) and educational contexts has been more limited. SEC. 3. RESEARCH INITIATIVES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. VIOLENCE PREVENTION RESEARCH INITIATIVES. ``(a) In General.--The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Mental Health, the Director of the Office of Research on Women's Health, the Director of the Office of Women's Health, the Director of the National Institute on Drug Abuse, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Director of the National Institute for Occupational Safety and Health, the Director of the Office of Behavioral and Social Science, the Director of the Substance Abuse and Mental Health Administration, and the Director of the National Center on Minority Health and Health Disparities shall make grants and enter into contracts to-- ``(1) increase research on the psychological sequelae of violence against women; ``(2) expand research on special populations and their risk for violence, including adolescents, older women, ethnic minorities, women with disabilities, and other affected populations; ``(3) increase research on violence against women as a risk factor for various mental and physical health problems; ``(4) develop and test effective methods of screening for violence in all points of entry to the health care system, including mental health, emergency medicine, and primary care; ``(5) expand and enhance research on socioeconomic and sociocultural correlates of violence, such as the factors that create the predisposition toward violent behavior, situational variables that trigger the expression of violence, and social processes that allow violence to continue without negative consequences to the perpetrator; ``(6) develop systematic and quantifiable measures to evaluate treatment programs for victims and perpetrators of violence; ``(7) conduct research to increase better understanding of the complex process victimized women go through in attempting to manage and end the violence in their lives and focus on resilience and coping mechanisms; and ``(8) develop standardized questions concerning rape, battering, and sexual harassment in work-related and educational contexts to be routinely included in governmentally sponsored national surveys in order to obtain a fuller and more accurate assessment of the nature, prevalence, and effect of multiple forms of violence against women in these settings. ``(b) Maximum Amount.--The Secretary shall not award a grant under this section in an amount which exceeds $500,000. ``(c) Duration.--The Secretary shall award grants under this section for a period not to exceed 5 years. ``(d) Application.-- ``(1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary.''.

Expanding Research for Women in Trauma Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to makes grants and enter into contracts for violence against women prevention research initiatives.

A bill to expand research for women in trauma.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Our Promise to Special Education Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) Children with disabilities are guaranteed an equal opportunity to an education under the 14th Amendment to the Constitution. (2) While States and local educational agencies are responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a role in assisting State and local efforts to educate children with disabilities in order to improve results for those children and to ensure equal protection of the law. (3) It is estimated that the excess expense of educating a child with a disability is equal to 40 percent of the national average per pupil expenditure. (4) Under the Individuals with Disabilities Education Act, Congress committed the Federal Government to contributing up to 40 percent of the national average per pupil expenditure for the purpose of educating children with disabilities. (5) To date, the Federal Government has never contributed more than 15 percent of the maximum state grant allocation for educating children with disabilities under the Individuals with Disabilities Education Act. SEC. 3. PURPOSE. It is the purpose of this Act to reach the Federal Government's goal of providing 40 percent of the national average per pupil expenditure for the purpose of education all children with disabilities by fiscal year 2011. SEC. 4. 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 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) the following percentages of the average current per-pupil expenditure in public elementary and secondary schools in the United States for the following fiscal years: ``(i) 20 percent for fiscal year 2002. ``(ii) 22 percent for fiscal year 2003. ``(iii) 24 percent for fiscal year 2004. ``(iv) 26 percent for fiscal year 2005. ``(v) 28 percent for fiscal year 2006. ``(vi) 30 percent for fiscal year 2007. ``(vii) 32 percent for fiscal year 2008. ``(viii) 34 percent for fiscal year 2009. ``(ix) 37 percent for fiscal year 2010. ``(x) 40 percent for fiscal year 2011 and each subsequent fiscal year. ``(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 Keeping Our Promise to Special Education Act of 2001)''; 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)''. SEC. 5. USE OF CERTAIN FUNDS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 613(a)(2)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)(C)) is amended-- (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following: ``(ii) If a local educational agency chooses to utilize the authority under clause (i) to treat as local funds up to 20 percent of the amount of funds the agency receives under this part that exceeds the amount it received under this part for the previous fiscal year, then the agency shall use those local funds to provide additional funding for programs under the Elementary and Secondary Education Act of 1965, including, but not limited to, programs that address school safety, teacher quality and professional development, before and after school learning opportunities, comprehensive school reform and literacy, class size reduction, school construction and modernization, or related education programs authorized under Federal or State law.''. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 2001.

Keeping Our Promise to Special Education Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to specify mandatory minimum levels of Federal grant payments to States for assistance for education of all children with disabilities.Requires local educational agencies, if they choose to treat certain IDEA funds as local funds, to use them to provide additional funding for programs under the Elementary and Secondary Education Act of 1965.

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 ``Strategic Petroleum Reserve Reform Act''. SEC. 2. USE OF UNDERUSED STRATEGIC PETROLEUM RESERVE FACILITIES. (a) In General.--Section 168 of the Energy Policy and Conservation Act (42 U.S.C. 6247a) is amended to read as follows: ``SEC. 168. USE OF UNDERUSED FACILITIES. ``(a) Leasing of Facilities.-- ``(1) In general.--Notwithstanding any other provision of this title, the Secretary may establish a program (referred to in this section as the `program') under which the Secretary may lease underused storage facilities and related facilities of the Strategic Petroleum Reserve to-- ``(A) private entities; and ``(B) foreign governments. ``(2) Exclusion from strategic petroleum reserve.-- Petroleum products stored in a storage facility or related facility leased under the program shall not be part of the Strategic Petroleum Reserve. ``(b) Protection of Facilities.--Each lease entered into under the program shall contain provisions requiring the lessee to pay fees to fully compensate the United States for all costs relating to the storage and removal of petroleum products (including the proportionate cost of any replacement facility necessitated as a result of any withdrawal) incurred by the United States as a result of the lease. ``(c) Access to Petroleum Products by the United States.--The Secretary shall ensure that each lease entered into under the program shall not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to-- ``(1) an energy emergency; or ``(2) the obligations of the United States under the international energy program. ``(d) National Security.--The Secretary shall ensure that any lease entered into under the program with a foreign government shall not impair national security. ``(e) Deposits of Amounts Received.-- ``(1) In general.--Except as provided in paragraph (2), amounts received from a lease entered into under the program shall be deposited in the general fund of the Treasury during the fiscal year in which the amounts are received. ``(2) Payment of costs.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary, without further appropriation, may use amounts received from a lease entered into under the program for the costs described in subsection (b). ``(B) Exception.--The Secretary may not use amounts received from a lease entered into under the program for any cost described in subsection (f). ``(f) Preparation of Facilities.--The Secretary may use amounts available in the Energy Security and Infrastructure Modernization Fund established by section 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6239 note; Public Law 114-74) for costs described in subsection (b) that relate to the addition of a facility or changes to a facility or facility operations necessary to lease the facility, including costs relating to-- ``(1) the acquisition of land; ``(2) the acquisition of any ancillary facility or equipment; ``(3) site development; and ``(4) other necessary costs relating to capital improvement.''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by striking the item relating to section 168 and inserting the following: ``Sec. 168. Use of underused facilities.''. SEC. 3. PILOT PROGRAM TO LEASE STRATEGIC PETROLEUM RESERVE FACILITIES. (a) In General.--Part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.) is amended by adding at the end the following: ``SEC. 170. PILOT PROGRAM TO LEASE STORAGE AND RELATED FACILITIES. ``(a) Establishment.--Not later than 180 days after the date of enactment of the Strategic Petroleum Reserve Reform Act, as part of the program established under section 168, the Secretary shall establish a pilot program (referred to in this section as the `pilot program') to make available for lease-- ``(1) capacity for storage of not more than 200,000,000 barrels of petroleum products at storage facilities of the Strategic Petroleum Reserve; and ``(2) related facilities. ``(b) Contents.--In carrying out the pilot program, the Secretary shall-- ``(1) identify appropriate storage facilities and related facilities of the Strategic Petroleum Reserve to lease, to make maximum use of those facilities; ``(2) identify and implement any changes to facilities or facility operations necessary to lease the facilities identified under paragraph (1), including any changes necessary to ensure the long-term structural viability and use of the facilities for purposes of this part and part C; ``(3) make the facilities identified under paragraph (1) available for lease; and ``(4) identify environmental effects, including benefits, of leasing storage facilities and related facilities of the Strategic Petroleum Reserve. ``(c) Report.--Not later than 1 year after the date of enactment of the Strategic Petroleum Reserve Reform Act, the Secretary shall submit to Congress a report describing the status of the pilot program.''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part B of title I the following: ``Sec. 170. Pilot program to lease storage and related facilities.''.

Strategic Petroleum Reserve Reform Act This bill amends the Energy Policy and Conservation Act to authorize the Department of Energy (DOE)to lease underutilized Strategic Petroleum Reserve storage facilities to private entities. Currently, DOE may only lease these storage facilities to foreign governments. DOE must conduct a pilot program to lease underutilized storage facilities. The program must make available capacity for storage of up to 200 million barrels of petroleum products.

Strategic Petroleum Reserve Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arming Pilots Against Terrorism Act''. SEC. 2. FEDERAL FLIGHT DECK OFFICER PROGRAM. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44921. Federal flight deck officer program ``(a) Establishment.--Not later than 90 days after the date of enactment of this section, the Under Secretary of Transportation for Security shall establish a program to deputize qualified volunteer pilots of passenger aircraft as Federal law enforcement officers to defend the flight decks of aircraft of air carriers engaged in air transportation or intrastate air transportation against acts of criminal violence or air piracy. Such officers shall be known as `Federal flight deck officers'. The program shall be administered in connection with the Federal air marshal program. ``(b) Qualified Pilot.--Under the program, a qualified pilot is a pilot of an aircraft engaged in air transportation or intrastate air transportation who-- ``(1) is employed by an air carrier; ``(2) has demonstrated to the satisfaction of the Under Secretary fitness to be a Federal flight deck officer under the program; and ``(3) has been the subject of an employment investigation (including a criminal history record check) under section 44936(a)(1). ``(c) Training, Supervision, and Equipment.--The Under Secretary of Transportation for Security shall provide training, supervision, and equipment necessary for a qualified pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot. ``(d) Deputization.-- ``(1) In general.--The Under Secretary shall deputize, as a Federal flight deck officer under this section, any qualified pilot who submits to the Under Secretary a request to be such an officer. ``(2) Initial deputization.--Not later than 120 days after the date of enactment of this section, the Under Secretary shall deputize not fewer than 500 qualified pilots who are former military or law enforcement personnel as Federal flight deck officers under this section. ``(3) Full implementation.--Not later than 24 months after the date of enactment of this section, the Under Secretary shall deputize any qualified pilot as a Federal flight deck officer under this section. ``(e) Compensation.--Pilots participating in the program under this section shall not be eligible for compensation from the Federal Government for services provided as a Federal flight deck officer. ``(f) Authority To Carry Firearms.--The Under Secretary shall authorize a Federal flight deck officer under this section to carry a firearm while engaged in providing air transportation or intrastate air transportation. ``(g) Authority To Use Force.--Notwithstanding section 44903(d), a Federal flight deck officer may use force (including lethal force) against an individual in the defense of an aircraft in air transportation or intrastate air transportation if the officer reasonably believes that the security of the aircraft is at risk. ``(h) Limitation on Liability.-- ``(1) Liability of air carriers.--An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the air carrier employing a pilot of an aircraft who is a Federal flight deck officer under this section or out of the acts or omissions of the pilot in defending an aircraft of the air carrier against acts of criminal violence or air piracy. ``(2) Liability of federal flight deck officers.--A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct. ``(i) Regulations.--Not later than 90 days after the date of enactment of this section, the Under Secretary, in consultation with the Firearms Training Unit of the Federal Bureau of Investigation, shall issue regulations to carry out this section. ``(j) Pilot Defined.--The term `pilot' means an individual responsible for the operation of aircraft.''. (b) Conforming Amendments.-- (1) Chapter analysis.--The analysis for such chapter is amended by inserting after the item relating to section 44920 the following: ``44921. Federal flight deck officer program.''. (2) Employment investigations.--Section 44936(a)(1)(B) is amended-- (A) by aligning clause (iii) with clause (ii); (B) by striking ``and'' at the end of clause (iii); (C) by striking the period at the end of clause (iv) and inserting ``; and''; and (D) by adding at the end the following: ``(v) qualified pilots who are deputized as Federal flight deck officers under section 44921.''. (3) Flight deck security.--Section 128 of the Aviation and Transportation Security Act (Public Law 107-71) is repealed.

Arming Pilots Against Terrorism Act - Amends Federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize qualified volunteer pilots of passenger aircraft as Federal flight deck officers; and (2) provide training, supervision, and equipment for such officers.Directs the Under Secretary to authorize flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. Shields air carriers from liability for damages in Federal or State court arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. Shields flight deck officers from liability except in cases of gross negligence or willful misconduct.

A bill to amend title 49, United States Code, to establish a program for Federal flight deck officers, and for other purposes.

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, 2001, 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, on behalf of Congress, a gold medal to Jesse L. Jackson, Sr., in recognition of his outstanding and enduring contributions to the Nation.

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 ``Retiree Health Benefits Protection Act''. SEC. 2. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``SEC. 516. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS. ``(a) Maintenance of Benefits.-- ``(1) In general.--If-- ``(A) retiree health benefits or plan or plan sponsor payments in connection with such benefits are to be or have been terminated or reduced under an employee welfare benefit plan; and ``(B) an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or reduction, the court without requirement of any additional showing shall promptly order the plan and plan sponsor to maintain the retiree health benefits and payments at the level in effect immediately before the termination or reduction while the action is pending in any court. No security or other undertaking shall be required of any participant or beneficiary as a condition for issuance of such relief. An order requiring such maintenance of benefits may be refused or dissolved only upon determination by the court, on the basis of clear and convincing evidence, that the action is clearly without merit. ``(2) Exceptions.--Paragraph (1) shall not apply to any action if-- ``(A) the termination or reduction of retiree health benefits is substantially similar to a termination or reduction in health benefits (if any) provided to current employees which occurs either before, or at or about the same time as, the termination or reduction of retiree health benefits, or ``(B) the changes in benefits are in connection with the addition, expansion, or clarification of the delivery system, including utilization review requirements and restrictions, requirements that goods or services be obtained through managed care entities or specified providers or categories of providers, or other special major case management restrictions. ``(3) Modifications.--Nothing in this section shall preclude a court from modifying the obligation of a plan or plan sponsor to the extent retiree benefits are otherwise being paid by the plan sponsor. ``(b) Burden of Proof.--In addition to the relief authorized in subsection (a) or otherwise available, if, in any action to which subsection (a)(1) applies, the terms of the employee welfare benefit plan summary plan description or, in the absence of such description, other materials distributed to employees at the time of a participant's retirement or disability, are silent or are ambiguous, either on their face or after consideration of extrinsic evidence, as to whether retiree health benefits and payments may be terminated or reduced for a participant and his or her beneficiaries after the participant's retirement or disability, then the benefits and payments shall not be terminated or reduced for the participant and his or her beneficiaries unless the plan or plan sponsor establishes by a preponderance of the evidence that the summary plan description or other materials about retiree benefits-- ``(1) were distributed to the participant at least 90 days in advance of retirement or disability; ``(2) did not promise retiree health benefits for the lifetime of the participant and his or her spouse; and ``(3) clearly and specifically disclosed that the plan allowed such termination or reduction as to the participant after the time of his or her retirement or disability. The disclosure described in paragraph (3) must have been made prominently and in language which can be understood by the average plan participant. ``(c) Representation.--Notwithstanding any other provision of law, an employee representative of any retired employee or the employee's spouse or dependents may-- ``(1) bring an action described in this section on behalf of such employee, spouse, or dependents; or ``(2) appear in such an action on behalf of such employee, spouse or dependents. ``(d) Retiree Health Benefits.--For the purposes of this section, the term `retiree health benefits' means health benefits (including coverage) which are provided to-- ``(1) retired or disabled employees who, immediately before the termination or reduction, have a reasonable expectation to receive such benefits upon retirement or becoming disabled; and ``(2) their spouses or dependents.'' (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 515 the following new item: ``Sec. 516. Rules governing litigation involving retiree health benefits.'' (c) Effective Date.--The amendments made by this section shall apply to actions relating to terminations or reductions of retiree health benefits which are pending or brought, on or after March 23, 1995.

Retiree Health Benefits Protection Act - Amends the Employee Retirement Income Security Act of 1974 to add rules governing litigation involving the termination or reduction of retiree health benefits.

Retiree Health Benefits Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Taxpayer Protection Act of 2001''. SEC. 2. REGULATION OF INCOME TAX RETURN PREPARERS AND REFUND ANTICIPATION LOAN PROVIDERS. (a) Definitions.--In this Act: (1) Income tax return preparer.-- (A) In general.--The term ``income tax return preparer'' means any individual who is an income tax return preparer (within the meaning of section 7701(a)(36) of the Internal Revenue Code of 1986) who prepares not less than 5 returns of tax imposed by subtitle A of such Code or claims for refunds of tax imposed by such subtitle A per taxable year. (B) Exception.--Such term shall not include a federally authorized tax practitioner within the meaning of section of 7526(a)(3) of such Code. (2) Refund anticipation loan provider.--The term ``refund anticipation loan provider'' means a person who makes a loan of money or of any other thing of value to a taxpayer because of the taxpayer's anticipated receipt of a Federal tax refund. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Regulations.-- (1) Registration required.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that-- (i) require the registration of income tax return preparers and of refund anticipation loan providers with the Secretary or the designee of the Secretary, and (ii) prohibit the payment of a refund of tax to a refund anticipation loan provider or an income tax return preparer that is the result of a tax return which is prepared by the refund anticipation loan provider or the income tax return preparer which does not include the refund anticipation loan provider's or the income tax return preparer's registration number. (B) No disciplinary action.--The regulations shall require that an applicant for registration must not have demonstrated any conduct that would warrant disciplinary action under part 10 of title 31, Code of Federal Regulations. (C) Burden of registration.--In promulgating the regulations, the Secretary shall minimize the burden and cost on the registrant. (2) Rules of conduct.--All registrants shall be subject to rules of conduct that are consistent with the rules that govern federally authorized tax practitioners. (3) Reasonable fees and interest rates.--The Secretary, after consultation with any expert as the Secretary deems appropriate, shall include in the regulations guidance on reasonable fees and interest rates charged to taxpayers in connection with loans to taxpayers made by refund anticipation loan providers. (4) Renewal of registration.--The regulations shall determine the time frame required for renewal of registration and the manner in which a registered income tax return preparer or a registered refund anticipation loan provider must renew such registration. (5) Fees.-- (A) In general.--The Secretary may require the payment of reasonable fees for registration and for renewal of registration under the regulations. (B) Purpose of fees.--Any fees required under this paragraph shall inure to the Secretary for the purpose of reimbursement of the costs of administering the requirements of the regulations. (c) Prohibition.--Section 6695 of the Internal Revenue Code of 1986 (relating to other assessable penalties with respect to the preparation of income tax returns for other persons) is amended by adding at the end the following new subsection: ``(h) Actions on a Taxpayer's Behalf by a Non-Registered Person.-- Any person not registered pursuant to the regulations promulgated by the Secretary under the Low Income Taxpayer Protection Act of 2001 who-- ``(1) prepares a tax return for another taxpayer for compensation, or ``(2) provides a loan to a taxpayer that is linked to or in anticipation of a tax refund for the taxpayer, shall be subject to a $500 penalty for each incident of noncompliance.''. (d) Coordination with Section 6060(a).--The Secretary shall determine whether the registration required under the regulations issued pursuant to this section should be in lieu of the return requirements of section 6060. (e) Paperwork Reduction.--The Secretary shall minimize the amount of paperwork required of a income tax return preparer or a refund anticipation loan provider to meet the requirements of these regulations. SEC. 3. IMPROVED SERVICES FOR TAXPAYERS. (a) Electronic Filing Efforts.-- (1) In General.--The Secretary shall focus electronic filing efforts on benefiting the taxpayer by-- (A) reducing the time between receipt of an electronically filed return and remitting a refund, if any, (B) reducing the cost of filing a return electronically, (C) improving services provided by the Internal Revenue Service to low and moderate income taxpayers, and (D) providing tax-related computer software at no or nominal cost to low and moderate income taxpayers. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the efforts made pursuant to paragraph (1). (b) Volunteer Income Tax Assistance Program.-- (1) Study.--The Secretary shall undertake a study on the expansion of the volunteer income tax assistance program to service more low income taxpayers. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the study conducted pursuant to paragraph (1). (3) Authorization of Appropriations.-- (A) In general.--There is authorized to be appropriated to the Secretary for volunteer income tax assistance clinics $6,000,000, to remain available until expended. (B) Use of funds.--Such amounts appropriated under subparagraph (A) shall be used for the operating expenses of volunteer income tax assistance clinics, expenses for providing electronic filing expenditures through such clinics, and related expenses. (c) Tele-Filing.--The Secretary shall ensure that tele-filing is available for all taxpayers for the filing of tax returns with respect to taxable years beginning in 2001. (d) Deposit Indicator Program.-- (1) Review.--The Secretary shall review the decision to reinstate the Deposit Indicator program. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the review made pursuant to paragraph (1). (e) Direct Deposit Accounts.--The Secretary shall allocate resources to programs to assist low income taxpayers in establishing accounts at financial institutions that receive direct deposits from the United States Treasury. (f) Pilot Program for Mobile Tax Return Filing Offices.-- (1) In general.--The Secretary shall establish a pilot program for the creation of four mobile tax return filing offices with electronic filing capabilities. (2) Location of service.-- (A) In general.--The mobile tax return filing offices shall be located in communities that the Secretary determines have a high incidence of taxpayers claiming the earned income tax credit. (B) Indian reservation.--At least one mobile tax return filing office shall be on or near an Indian reservation (as defined in section 168(j)(6) of the Internal Revenue Code of 1986).

Low Income Taxpayer Protection Act of 2001 - Amends the Internal Revenue Code to require the promulgation of regulations that: (1) require the registration of income tax return preparers and of refund anticipation loan providers; and (2) prohibit the payment of a refund of tax to a refund anticipation loan provider or an income tax return preparer that is the result of a tax return which is prepared by the refund anticipation loan provider or the income tax return preparer which does not include the refund anticipation loan provider's or the income tax return preparer's registration number.Requires the Secretary of the Treasury to focus electronic filing efforts on benefitting the taxpayer by: (1) reducing the time between receipt of an electronically filed return and remitting a refund; (2) reducing the cost of filing a return electronically; (3) improving services provided by the Internal Revenue Service to low and moderate income taxpayers; and (4) providing tax-related computer software at no or nominal cost to low and moderate income taxpayers.Provides for a pilot program for the creation of four mobile tax return filing offices with electronic filing capabilities.

A bill to assist low income taxpayers in preparing and filing their tax returns and to protect taxpayers from unscrupulous refund anticipation loan providers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Tribute to Constance Baker Motley Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the ``LDF''), and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the United States. (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) In addition to writing briefs in Brown v. Board of Education, Motley was trial or appellate counsel in 57 civil rights cases in the United States Supreme Court, 82 cases in Federal courts of appeals, 48 cases in Federal district courts, and numerous cases in State courts. She argued four appeals in desegregation cases in one day. She won cases that ended de jure segregation in White only restaurants and lunch counters. She protected the right of protestors to march, sit-in, freedom ride, and demonstrate in other ways. She represented Dr. Martin Luther King, Jr., and other jailed civil rights activists and forced their release when they were arrested and locked up in Southern jails. She secured the right for Blacks to register, vote, and have access to the political power structure. She won education desegregation cases in almost every State in the South and the District of Columbia and secured the right for Blacks to attend formerly all White public schools, colleges, and universities including the representation of James Meredith against the University of Mississippi, Charlayne Hunter Gault and Hamilton Holmes against the University of Georgia, Autherine Lucy against the University of Alabama, Harvey Gantt against Clemson College, and Ernest Morial against Louisiana State University. Without her victories in the courtroom, the goal of ending racial segregation in public schools, colleges, and universities, public accommodations, and voting--a goal of the Civil Rights Movement--may not have been achieved. (6) As the country celebrates the 50th Anniversary of the ``Birmingham Movement'', it is noted that Motley was the attorney who went South and represented Dr. King, defended his right to march in Birmingham, Alabama, and Albany, Georgia, and obtained the court order which mandated the reinstatement of over 1,000 school children who had been expelled from school for demonstrating with Dr. King in Birmingham fifty years ago. She represented ``Freedom Riders'' who rode buses to test the Supreme Court's 1960 ruling prohibiting segregation in interstate transportation. She protected the right of Blacks to ride and sit in any vacant seat on buses and trains, to use bathroom facilities and drink from fountains in bus and train stations, to be served and eat at lunch counters and restaurants, to vote, stay in hotels, and to go to parks, museums, and places of public accommodations on an equal basis with Whites. She won the case in the Supreme Court that led to the reversal of all arrests and convictions of all of the thousands of sit-in activists. (7) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one. (8) Constance Baker Motley's only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African- American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (9) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (10) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (11) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (12) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (13) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (14) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (15) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (16) Constance Baker Motley passed away on September 28, 2005, and is survived by her son, Joel Motley III, her 3 grandchildren, her brother, Edward Baker of Florida, and her sisters Eunice Royster and Marian Green, of New Haven, Connecticut. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. NATIONAL MEDALS. (a) National Medal.--The medal struck under section 3 is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States.

Congressional Tribute to Constance Baker Motley Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deepwater Port Modernization Act''. SEC. 2. DEFINITIONS. Section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(10)) is amended-- (1) by striking ``for the loading or unloading'' and inserting ``for the transportation, storage,''; and (2) by inserting after ``section 23'' the following: ``, and for any other use consistent with the purposes of this Act, including transportation of oil from the Outer Continental Shelf of the United States''. SEC. 3. LICENSE FOR THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF A DEEPWATER PORT. Section 4 of the Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended-- (1) in subsection (a), by striking the last sentence; (2) in subsection (c)-- (A) by striking paragraph (7); and (B) by redesignating paragraphs (8) through (10) as paragraphs (7) through (9), respectively; (3) in subsection (e)-- (A) by striking ``(e)(1) In'' and inserting the following: ``(e) Terms of Licenses.-- ``(1) Conditions.-- ``(A) In general.--In''; (B) in paragraph (1)-- (i) in the first sentence, by striking ``any conditions which he'' and inserting ``only such conditions as the Secretary''; (ii) by striking ``On petition'' and inserting the following: ``(B) Preference for license conditions.--To the maximum extent practicable-- ``(i) conditions required to carry out this Act shall be addressed in license conditions rather than regulations; and ``(ii) a license shall allow the operating procedures of a deepwater port to be specified in an operations manual, prepared in accordance with section 10(a) and approved by the Secretary of the department in which the Coast Guard is operating, rather than in detailed and specific license conditions or regulations. ``(C) Review of conditions.--On petition''; (iii) by striking ``The Secretary'' and inserting the following: ``(D) Amendment and rescission of conditions.-- ``(i) In general.--The Secretary''; and (iv) in subparagraph (D) (as so designated), by adding at the end the following: ``(ii) Procedures for amendments.--An amendment of a license or operations manual-- ``(I) shall not be considered to be a rulemaking or adjudication within the meaning of chapter 5 of title 5, United States Code; and ``(II) may be made in accordance with such procedures as the Secretary determines are appropriate given the issues involved.''; and (C) in paragraph (2)(A), by striking ``application, as approved,'' and inserting ``license''; and (4) by striking subsection (f) and inserting the following: ``(f) Amendment, Transfer, or Reinstatement of License.--The Secretary may amend, transfer, or reinstate a license issued under this Act on finding that the amendment, transfer, or reinstatement is consistent with the purposes of this Act.''. SEC. 4. EXEMPTIONS FROM CERTAIN INFORMATION REQUIREMENTS. Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)) is amended by adding at the end the following: ``(3) Exemptions from certain information requirements.-- The Secretary may exempt a person from any information requirement under paragraph (2), or under any other provision of this Act, if the Secretary determines that the information is not necessary to facilitate the determinations of the Secretary under section 4.''. SEC. 5. ANTITRUST REVIEW. Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is amended-- (1) by striking subsections (a) and (b)(1); (2) by striking ``(2) Nothing'' and inserting the following: ``(a) Authority To Challenge Anti-Competitive Situations.-- Nothing''; (3) by striking ``(3) Nothing'' and inserting the following: ``(b) Effect on Antitrust Laws.--Nothing''; and (4) in subsections (a) and (b) (as so redesignated), by striking ``section'' each place it appears and inserting ``Act''. SEC. 6. COMMON CARRIER STATUS. Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 1507) is amended-- (1) in subsection (a), by inserting ``and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which the license of the deepwater port is issued,'' before ``except as provided''; and (2) in subsection (b), by striking ``(b) A licensee'' and all that follows through ``However, a licensee is not'' and inserting the following: ``(b) Exceptions.--A licensee shall not be considered to be discriminating for the purpose of subsection (a) and shall not be''. SEC. 7. MARINE PROTECTION AND NAVIGATIONAL SAFETY. Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a)) is amended-- (1) by striking ``shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to, rules'' and inserting ``, with respect to a deepwater port, shall prescribe and enforce procedures, by regulation or through the operations manual of a licensee,''; (2) by striking ``unloading procedures'' and inserting ``unloading''; and (3) by adding at the end the following: ``Compliance by a licensee with its operations manual, as approved by the Secretary of the department in which the Coast Guard is operating, shall constitute compliance with all requirements under this Act applicable to the subjects addressed in the operations manual.''.

Deepwater Port Modernization Act - Amends the Deepwater Port Act of 1974 to revise the term "deepwater port" to include a fixed or floating manmade structure (other than a vessel) that is located beyond the territorial sea and off the U.S. coast which is used as a port or terminal for the transportation of oil from the U.S. Outer Continental Shelf. Eliminates: (1) certain utilization and transfer restrictions on deepwater ports; and (2) a certain antitrust precondition with respect to the licensing of such ports. Authorizes the Secretary to exempt a person from certain information requirements with respect to the issuance of a deepwater port license. Repeals the restriction on the issuance of a deepwater port license requiring that the Secretary of Transportation first receive opinions from the Attorney General and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise contravene the antitrust laws. Requires a deepwater port, among other things, to accept, transport, or convey without discrimination all oil delivered to it. Directs the Secretary to prescribe and enforce marine protection and navigational safety procedures with respect to a deepwater port through the operations manual of a deepwater port licensee. (Currently, such procedures are enforced by regulation.)

Deepwater Port Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Penalty Enhancement Act of 2002''. SEC. 2. AGGRAVATED IDENTITY THEFT. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding after section 1028, the following: ``Sec. 1028A. Aggravated identity theft ``(a) Offenses.-- ``(1) In general.--Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ``(2) Terrorism offense.--Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ``(b) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place on probation any person convicted of a violation of this section; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; ``(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ``(c) Definition.--For purposes of this section, the term `felony violation enumerated in subsection (c)' means any offense that is a felony violation of-- ``(1) section 664 (relating to theft from employee benefit plans); ``(2) section 911 (relating to false personation of citizenship); ``(3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm); ``(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); ``(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); ``(6) any provision contained in chapter 69 (relating to nationality and citizenship); ``(7) any provision contained in chapter 75 (relating to passports and visas); ``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses); ``(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card); ``(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or ``(11) section 208, 1107(b), or 1128B(a) of the Social Security Act (42 U.S.C. 408, 1307(b), and 1320a-7b(a)) (relating to false statements relating to programs under the Act).''. (b) Amendment to Chapter Analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028 the following new item: ``1028A. Aggravated identity theft.''. SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7)-- (A) by striking ``transfers'' and inserting ``transfers, possesses,''; and (B) by striking ``abet,'' and inserting ``abet, or in connection with,''; (2) in subsection (b)(1)(D), by striking ``transfer'' and inserting ``transfer, possession,''; (3) in subsection (b)(2), by striking ``three years'' and inserting ``5 years''; and (4) in subsection (b)(4), by inserting after ``facilitate'' the following: ``an act of domestic terrorism (as defined under section 2331(5) of this title) or''.

Identity Theft Penalty Enhancement Act of 2002 - Amends the Federal criminal code to establish penalties for aggravated identity theft.Prescribes a sentence of: (1) two years imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including felonies relating to theft from employee benefit plans and to various fraud and immigration offenses), in addition to the punishment provided for such felony; and (2) five years imprisonment for knowingly taking such action during and in relation to specified felony violations pertaining to terrorist acts, in addition to the punishment provided for such felony.Bars probation for any person convicted of such violations. Provides for consecutive sentences, subject to specified limitations.Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism.

To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia National Guard Retention and College Access Act''. SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. (a) Findings.--Congress makes the following findings: (1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander in Chief and, unlike other National Guards, is permanently federalized. (2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. (3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. (4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. (5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. (6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. (7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. (8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. (9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. (b) Educational Assistance Program Authorized.--The commanding general of the District of Columbia National Guard (in this section referred to as the ``commanding general'') may provide financial assistance under this section to a member of the District of Columbia National Guard who has satisfactorily completed required initial active duty service and executes a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years, to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, master's, vocational, or technical degree or certification. (c) Maintenance of Eligibility.--To continue to be eligible for financial assistance under this section, a member of the District of Columbia National Guard must-- (1) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard; (2) be enrolled on a full-time or part-time basis (at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and (3) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). (d) Covered Expenses.--Financial assistance received by a member of the District of Columbia National Guard under this section may be used to cover-- (1) tuition and fees charged by an approved institution of higher education involved; (2) the cost of books; and (3) laboratory expenses. (e) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under this section may be up to $400 per credit hour, but not to exceed $5,500 per year. If the commanding general determines that the amount available to provide assistance under this section in any year will be insufficient, the commanding general may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. (f) Relation to Other Assistance.--A member of the District of Columbia National Guard may receive financial assistance under this section in addition to assistance provided under any other provision of law, except that the member may not receive financial assistance under this section if the member receives a Reserve Officer Training Corps scholarship. (g) Administration.--The commanding general, in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of this section. Nothing in this section shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. (h) Repayment.--A member of the District of Columbia National Guard who receives assistance under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by subsection (b) or fails to comply with the eligibility conditions specified in subsection (c) shall be subject to the repayment provisions of section 373 of title 37, United States Code. (i) Funding Sources and Gifts.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the commanding general to provide financial assistance under this section. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. (2) Transfer of funds.--The commanding general may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under this section. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the commanding general to provide financial assistance under this section. (3) Donations.--The commanding general concerned may accept, use, and dispose of donations of services or property for purposes of providing assistance under this section. (j) Definition.--In this section, the term ``approved institution of higher education'' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- (1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) has entered into an agreement with the commanding general containing an assurance that funds made available under this section are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. (k) Implementation of Program.--Financial assistance may be provided under this section to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2010.

District of Columbia National Guard Retention and College Access Act - Authorizes the commanding general of the District of Columbia National Guard to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for a period of not less than six years. Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education.

To establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Relief Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of undocumented persons and illegal drugs into the United States. (2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States. (3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border. (4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties. (5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border. (6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes. (7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes. (8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region. SEC. 3. BORDER RELIEF GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants to an eligible law enforcement agency to provide assistance to such agency to address-- (A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; and (B) the failure of the United States Government to adequately secure its borders. (2) Duration.--Grants may be awarded under this subsection during fiscal years 2006 through 2010. (3) Competitive basis.--The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community-- (A) with a population of less than 50,000; and (B) located no more than 100 miles from a United States border with-- (i) Canada; or (ii) Mexico. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including-- (1) to obtain equipment; (2) to hire additional personnel; (3) to upgrade and maintain law enforcement technology; (4) to cover operational costs, including overtime and transportation costs; and (5) such other resources as are available to assist that agency. (c) Application.-- (1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. (d) Definitions.--For the purposes of this section: (1) Eligible law enforcement agency.--The term ``eligible law enforcement agency'' means a tribal, State, or local law enforcement agency-- (A) located in a county no more than 100 miles from a United States border with-- (i) Canada; or (ii) Mexico; or (B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area. (2) High impact area.--The term ``High Impact Area'' means any county designated by the Secretary as such, taking into consideration-- (A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county; (B) the relationship between the failure of the United States to secure its borders and the rise, if any, of criminal activity in that county; and (C) any other unique challenges that local law enforcement face due to a lack of security along the United States border. (3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $30,000,000 for each of fiscal years 2006 through 2010 to carry out the provisions of this section. (2) Division of authorized funds.--Of the amounts authorized under paragraph (1)-- (A) \2/3\ shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and (B) \1/3\ shall be set aside for areas designated as a High Impact Area under subsection (d). (f) Supplement Not Supplant.--Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this Act. SEC. 4. REPORT REQUIREMENT. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a written report to Congress describing the costs incurred by State and local law enforcement agencies in connection with-- (1) criminal activity related to such agencies' proximity to the United States border with-- (A) Canada; or (B) Mexico; and (2) the failure of the Federal Government to secure the borders of the United States. SEC. 5. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this Act shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.

Border Law Enforcement Relief Act of 2005 - Authorizes the Secretary of Homeland Security to award grants to a tribal, state, or local law enforcement agency located in a county within 100 miles of a U.S. border with Canada or Mexico, or in a county beyond 100 miles that has been certified by the Secretary as a high impact area, to provide assistance in addressing: (1) criminal activity that occurs by virtue of proximity to the border; and (2) the U.S. government's failure to adequately secure its borders. Directs the Comptroller General to report to Congress on the costs incurred by law enforcement agencies in connection with such criminal activity or failure.

A bill to provide financial aid to local law enforcement officials along the Nation's borders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) school transportation issues remain a concern for parents, local educational agencies, lawmakers, the National Highway Traffic Safety Administration, the National Transportation Safety Board, and the Environmental Protection Agency; (2) millions of children face potential future health problems because of exposure to noxious fumes emitted from older school buses; (3) many rural local educational agencies are operating outdated, unsafe school buses that are failing inspection, resulting in a depletion of the school bus fleets of the local educational agencies; and (4) many rural local educational agencies are unable to afford newer and safer buses. (b) Purpose.--The purpose of this Act is to establish within the Department of Education a Federal cost-sharing program to assist rural local educational agencies with older, unsafe school bus fleets in purchasing newer, safer school buses. SEC. 3. DEFINITIONS. In this Act: (1) Rural local educational agency.--The term ``rural local educational agency'' means a local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), with respect to which-- (A) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; (B) all schools served by the local educational agency are designated with a school locale code of 7 or 8, as determined by the Secretary of Education; or (C) all schools served by the local educational agency have been designated, by official action taken by the legislature of the State in which the local educational agency is located, as rural schools for purposes relating to the provision of educational services to students in the State. (2) School bus.--The term ``school bus'' means a vehicle the primary purpose of which is to transport students to and from school or school activities. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) In General.--From amounts made available under subsection (e) for a fiscal year, the Secretary shall provide grants, on a competitive basis, to rural local educational agencies to pay the Federal share of the cost of purchasing new school buses. (b) Application.-- (1) In general.--Each rural local educational agency that seeks to receive a grant under this Act shall submit to the Secretary for approval an application at such time, in such manner, and accompanied by such information (in addition to information required under paragraph (2)) as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) documentation that, of the total number of school buses operated by the rural local educational agency, not less than 50 percent of the school buses are in need of repair or replacement; (B) documentation of the number of miles that each school bus operated by the rural local educational agency traveled in the most recent 9-month academic year; (C) documentation that the rural local educational agency is operating with a reduced fleet of school buses; (D) a certification from the rural local educational agency that-- (i) authorizes the application of the rural local educational agency for a grant under this Act; and (ii) describes the dedication of the rural local educational agency to school bus replacement programs and school transportation needs (including the number of new school buses needed by the rural local educational agency); and (E) an assurance that the rural local educational agency will pay the non-Federal share of the cost of the purchase of new school buses under this Act from non-Federal sources. (c) Priority.-- (1) In general.--In providing grants under this Act, the Secretary shall give priority to rural local educational agencies that, as determined by the Secretary-- (A) are transporting students in a bus manufactured before 1977; (B) have a grossly depleted fleet of school buses; or (C) serve a school that is required, under section 1116(b)(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(9)), to provide transportation to students to enable the students to transfer to another public school served by the rural local educational agency. (d) Payments; Federal Share.-- (1) Payments.--The Secretary shall pay to each rural local educational agency having an application approved under this section the Federal share described in paragraph (2) of the cost of purchasing such number of new school buses as is specified in the approved application. (2) Federal share.--The Federal share of the cost of purchasing a new school bus under this Act shall be 75 percent. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $50,000,000 for fiscal year 2006; and (2) such sums as are necessary for each of fiscal years 2007 through 2011.

Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2005 - Directs the Secretary of Education to provide grants, on a competitive basis, to rural local educational agencies (LEAs) to pay the federal share (75%) of costs of purchasing new school buses. Requires the Secretary, in providing such grants, to give priority to rural LEAs that: (1) are transporting students in a bus manufactured before 1977; (2) have a grossly depleted fleet of school buses; or (3) serve a school required by law to provide transportation to students to enable them to transfer to another public school served by the rural LEA.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Rides Act''. SEC. 2. GRANTS FOR LOW-INCOME CAR OWNERSHIP PROGRAMS. (a) In General.--Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Grants for low-income car ownership programs.-- ``(A) Purposes.--The purposes of this paragraph are to-- ``(i) assist low-income families obtain dependable, affordable automobiles to improve their employment opportunities and access to training; and ``(ii) provide incentives to States, Indian tribes or tribal organizations, localities, and nonprofit entities to develop and administer programs that provide assistance with automobile ownership for low-income families. ``(B) Definitions.--In this paragraph: ``(i) Locality.--The term `locality' means a municipality that does not administer a State program funded under this part. ``(ii) Low-income families.--The term `low- income families' means families with total income of not more than 200 percent of the poverty line (as defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved). ``(iii) Nonprofit entity.--The term `nonprofit entity' means a school, local agency, organization, or institution owned and operated by 1 or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. ``(C) Authority to award grants.--The Secretary may award grants to States, counties, localities, Indian tribes or tribal organizations, and nonprofit entities to promote improving access to dependable, affordable automobiles by low-income families. ``(D) Grant approval criteria.--The Secretary shall establish criteria for approval of an application for a grant under this paragraph that include consideration of-- ``(i) the extent to which the proposal, if funded, is likely to improve access to training and employment opportunities and child care services by low-income families by means of car ownership; ``(ii) the level of innovation in the applicant's grant proposal; and ``(iii) any partnerships between the public and private sector in the applicant's grant proposal. ``(E) Use of funds.-- ``(i) In general.--A grant awarded under this paragraph shall be used to administer programs that assist low-income families with dependable automobile ownership, and maintenance of, or insurance for, the purchased automobile. ``(ii) Supplement not supplant.--Funds provided to a State, Indian tribe or tribal organization, county, or locality under a grant awarded under this paragraph shall be used to supplement and not supplant other State, county, or local public funds expended for car ownership programs. ``(iii) General rules governing use of funds.--The rules of section 404, other than subsection (b) of that section, shall not apply to a grant made under this paragraph. ``(iv) Rule of interpretation.--For purposes of any requirement, limitation, or prohibition imposed on an individual or family by or pursuant to this part, assistance provided to a low-income family pursuant to a program referred to in clause (i) shall not be considered assistance under a State program funded under this part. ``(F) Application.--Each applicant desiring a grant under this paragraph shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(G) Reversion of funds.--Any funds paid from a grant made under this paragraph that are not expended within 3 years after the date the grant is awarded shall be available for redistribution among other grantees in such manner and amount as the Secretary may determine, unless the Secretary extends by regulation the time period to expend the funds. ``(H) Limitation on administrative costs of the secretary.--Not more than an amount equal to 5 percent of the funds appropriated to make grants under this paragraph for a fiscal year shall be expended for administrative costs of the Secretary in carrying out this paragraph. ``(I) Evaluation.--The Secretary shall, by grant, contract, or interagency agreement, conduct an evaluation of the programs administered with grants awarded under this paragraph. ``(J) Limitations on authorization of appropriations.--There are authorized to be appropriated to the Secretary for grants under this paragraph $50,000,000 for each of fiscal years 2008 through 2012.''. (b) Authority To Use Funds in Individual Development Accounts for Car Ownership, Maintenance, and Insurance.-- (1) Accounts established under the tanf program.-- (A) Additional qualified purpose for use of funds.--Section 404(h)(2)(B) of the Social Security Act (42 U.S.C. 604(h)(2)(B)) is amended by adding at the end the following: ``(iv) Qualified automotive expenditures.-- Qualified automotive expenditures paid from an individual development account directly to the persons to whom the amounts are due.''. (B) Definition.--Section 404(h)(5) of the Social Security Act (42 U.S.C. 604(h)(5)) is amended by adding at the end the following: ``(J) Qualified automotive expenditures.--The term `qualified automotive expenditures' means expenditures for the purchase or maintenance of an automobile, or for insurance for an automobile.''. (2) Accounts established under the assets for independence program.--Section 404(8) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by adding at the end the following: ``(E) Qualified automotive expenditures.-- ``(i) In general.--Qualified automotive expenditures paid from an individual development account directly to the persons to whom the amounts are due. ``(ii) Definition.--In clause (i), the term `qualified automotive expenditures' means expenditures for the purchase or maintenance of an automobile, or for insurance for an automobile.''.

Creating Access to Rides Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to make grants to states, counties, localties, Indian tribes or tribal organizations, and nonprofit entities to promote improving access to ownership of dependable, affordable automobiles by low-income families. Authorizes the use of funds in TANF individual development accounts for automobile ownership, maintenance, and insurance.

To authorize the Secretary of Health and Human Services to make grants to improve access to dependable, affordable automobiles by low-income families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DTV Delay Act''. SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE. (a) In General.--Section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended-- (1) by striking ``February 18, 2009;'' in paragraph (1) and inserting ``June 13, 2009;''; and (2) by striking ``February 18, 2009,'' in paragraph (2) and inserting ``that date''. (b) Extension of Coupon Program.--Section 3005(c)(1)(A) of that Act (47 U.S.C. 309 note) is amended by striking ``March 31, 2009,'' and inserting ``July 31, 2009,''. (c) Conforming Amendments.-- (1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is amended by striking ``February 17, 2009.'' and inserting ``June 12, 2009.''. (2) Section 309(j)(14)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended by striking ``February 17, 2009.'' and inserting ``June 12, 2009.''. (3) Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking ``February 17, 2009,'' and inserting ``June 12, 2009,''. (d) License Terms.-- (1) Extension.--The Federal Communications Commission shall extend the terms of the licenses for the recovered spectrum, including the license period and construction requirements associated with those licenses, for a 116-day period. (2) Definition.--In this subsection, the term ``recovered spectrum'' means-- (A) the recovered analog spectrum, as such term is defined in section 309(j)(15)(C)(vi) of the Communications Act of 1934; and (B) the spectrum excluded from the definition of recovered analog spectrum by subclauses (I) and (II) of such section. SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM. (a) Treatment of Expired Coupons.--Section 3005(c)(1) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by adding at the end the following: ``(D) Expired coupons.--The Assistant Secretary may issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed.''. (b) Conforming amendment.--Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by striking ``receives, via the United States Postal Service,'' and inserting ``redeems''. SEC. 4. IMPLEMENTATION. (a) Permissive Early Termination Under Existing Requirements.-- Nothing in this Act is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station's analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission's requirements in effect on the date of enactment of this Act, including the flexible procedures established in the Matter of Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television (FCC 07-228, MB Docket No. 07-91, released December 31, 2007). (b) Public Safety Radio Services.-- (1) Use on cleared spectrum.--Notwithstanding the amendments made by section 2, if-- (A) a television broadcast station ceases the broadcasting of such station's analog television service under subsection (a) of this section prior to June 12, 2009, and (B) as a consequence of such cessation, spectrum between frequencies 768 and 776 megahertz, inclusive, and 798 and 806 megahertz, inclusive, becomes available for non-television broadcast use prior to June 12, 2009, the Federal Communications Commission shall permit the use of such spectrum for authorized public safety radio services if the Commission determines that such use is in the public interest and does not cause harmful interference to full-power television stations in the analog or digital television service. (2) Expedited procedures.--The Federal Communications Commission may use expedited procedures, and may waive such rules as may be necessary, to make a determination on an application made under paragraph (1) to begin such use of such spectrum by a public safety agency (as such term is defined in section 3006(d)(1) of the Digital Television Transition and Public Safety Act of 2005) in not less than 2 weeks after the date of submission of such application. (c) Expedited Rulemaking.--Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications Information Administration shall, not later than 30 days after the date of enactment of this Act, each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act. SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2011.'' and inserting ``2012.''. SEC. 6. EMERGENCY DESIGNATION. Each amount made available under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) as a result of the amendments made by this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009. Passed the Senate January 26, 2009. Attest: Secretary. 111th CONGRESS 1st Session S. 328 _______________________________________________________________________ AN ACT To postpone the DTV transition date.

DTV Delay Act - Amends the Digital Television Transition and Public Safety Act of 2005 to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the license period and construction requirements associated with those licenses. Extends to July 31, 2009, the deadline for requesting digital-to-analog converter box coupons. Authorizes the issuance, on request, of one replacement coupon for each coupon that expired without being redeemed. Declares that this Act does not prevent a station from ending analog broadcasting (and continuing to broadcast exclusively digitally) before June 13, 2009. Requires the FCC to permit the use, for authorized public safety radio services, of certain spectrum cleared as a result of a television station ceasing to broadcast analog signals before June 12, 2009, provided the FCC determines that such use does not cause harmful interference to full-power analog or digital television stations. Amends the Communications Act of 1934 to extend through September 30, 2012 (under current law, September 30, 2011), the authority of the FCC to grant a license or permit under provisions relating to competitive bidding. Designates the amounts made available by this Act as an emergency requirement and necessary to meet emergency needs under the concurrent resolutions on the budget for FY2008-2009.

A bill to postpone the DTV transition date.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Market Access Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) A principal negotiating objective of the United States regarding trade barriers and other trade distortions must be to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that hinders market opportunities for United States exports or otherwise distorts United States trade. (2) One of the fundamental tenets of the World Trade Organization (WTO) is reciprocal market access and, in fact, this principle is underscored in the Marrakesh Agreement Establishing the World Trade Organization which called for ``entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations''. (3) If negotiations between the United States and a foreign country do not provide meaningful market access for products of United States domestic producers who have sought market access assistance from the United States Government, then the United States must not reduce or eliminate tariffs for products of the foreign country, having the same physical characteristics and uses pursuant to any trade agreement entered into between the United States and the foreign country. (4) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (5) The United States market is widely recognized as one of the most open markets in the world: average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (6) Consequently, the leverage the United States has to obtain removal of nontariff barriers of foreign countries is often tariffs on imports from foreign countries into the United States. (7) Under the current negotiating process, negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained, meaning that tradeoffs are tariff- for-tariff and nontariff-for-nontariff. As a result, a tariff can be reduced or eliminated without securing elimination of the real barrier or barriers that deny United States industry access to a foreign market. (8) The United States should not engage in trade negotiations in such a compartmentalized manner thereby effectively and unilaterally disarming itself by leveraging its limited tariff barriers without securing elimination of nontariff barriers of foreign countries and ensuring that new barriers are not created or discovered. (9) The United States should seek to ensure market access results are obtained before reducing or eliminating domestic tariffs. Specifically, the United States Trade Representative should seek to ensure market access for products of United States domestic producers who have sought market access assistance from the United States Government and have provided a reasonable indication of the denial of meaningful market access. (b) Purpose.--The purpose of this Act is to ensure that United States trade negotiations achieve real and meaningful results for United States industry by ensuring that trade agreements result in meaningful market access for the exports of United States domestic producers and not just the elimination of tariffs on imports into the United States. SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY PURSUANT TO CERTAIN TRADE AGREEMENTS. (a) Limitation.--Notwithstanding any other provision of the law, the President may not agree to a modification of any existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country on or after the date of the enactment of this Act until the President transmits to Congress a certification described in subsection (b). (b) Certification.--A certification referred to in subsection (a) is a certification of the President that-- (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of the government of the foreign country described in subsection (a) with respect to United States exports of any product identified by United States domestic producers that has the same physical characteristics and uses as the product for which a modification of any existing duty is sought by the President to carry out the trade agreement described in subsection (a); and (2) a violation of any provision of the trade agreement described in subsection (a) relating to the matters described in paragraph (1) is immediately enforceable in accordance with the provisions of section 4. SEC. 4. ENFORCEMENT PROVISIONS. (a) Withdrawal of Tariff Concessions.--If the United States Trade Representative determines pursuant to subsection (c) that any tariff or nontariff barrier or policy or practice of the government of a foreign country described in section 3(a) has not been reduced or eliminated, or that a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered, with respect to United States exports of any product identified by United States domestic producers that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought by the President to carry out the trade agreement described in section 3(a), then, notwithstanding any other provision of law, the modification of the existing duty shall be withdrawn until such time as the United States Trade Representative submits to Congress a certification that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such government. (b) Investigation.-- (1) In general.--An investigation shall be initiated by the United States Trade Representative whenever an interested party files a petition with the United States Trade Representative which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product with the same physical characteristics and uses as the product for which a modification of any existing duty has been sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought; and (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by USTR.--Not later than 45 days after the date on which a petition is filed under subsection (b), the United States Trade Representative shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination.

Reciprocal Market Access Act of 2007 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty; and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government.

To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 1994''. SEC. 2. THE BASELINE. (a) The second sentence of section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by inserting ``but only for the purpose of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974'' after ``for inflation as specified in paragraph (5); and (2) by inserting ``but only for the purpose of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974'' after ``to offset pay absorption and for pay annualization as specified in paragraph (4)''. (b) Section 1109(a) of title 31, United States Code, is amended by adding after the first sentence the following new sentence: ``These estimates shall not include an adjustment for inflation for programs and activities subject to discretionary appropriations.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years following that year;''. (b) Section 1105(a)(6) of title 31, United States Code, is amended by inserting ``current fiscal year and the'' before ``fiscal year''. (c) Section 1105(a)(12) of title 31, United States Code, is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) the estimated amount for the same activity (if any) in the current fiscal year.''. (d) Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(30) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction.''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 is amended by-- (1) inserting after the second sentence the following: ``The starting point for any deliberations in the Committee on the Budget of each House on the concurrent resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the Congressional budget for the next fiscal year shall be from such estimated levels.''; and (2) striking paragraph (8) and redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, and by inserting after paragraph (7) the following new paragraphs: ``(8) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; and ``(9) information, data, and comparisons indicating the manner in which and the basis on which, the committee determined each of the matters set forth in the concurrent resolution;''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report for the fiscal year commencing on October 1 of that year with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits) compared to comparable levels for the current year and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.''. (b) Section 202(f)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: ``That report shall also include a table on sources of spending growth in total mandatory spending for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.''. (c) Section 308(a)(1) of the Congressional Budget Act of 1974 is amended-- (1) in subparagraph (C), by inserting ``, and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``if timely submitted''; and (2) by striking ``and'' at the end of subparagraph (C), by striking the period and inserting ``; and'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) comparing the levels in existing programs in such measure to the estimated levels for the current fiscal year.'' (d) Title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``gao reports to budget committees ``Sec. 408. On or before January 15 of each year, the Comptroller General, after consultation with appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing all programs, projects, and activities that fall within the definition of direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (e) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 407 the following new item: ``Sec. 408. GAO reports to budget committees.''. Passed the House of Representatives August 12, 1994. Attest: Clerk. 103d CONGRESS 2d Session H. R. 4907 _______________________________________________________________________ AN ACT To reform the concept of baseline budgeting.

Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise the definition of baseline to provide for certain inflation adjustments only for the purpose of adjusting discretionary spending limits. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels. Requires the CBO to report to the Congress annually on all programs, projects, and activities that fall within the definition of direct spending.

Baseline Reform Act of 1994

SECTION 1. SHORT TITLE. This bill may be cited as the ``Freedom to Fish Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Recreational fishing is traditionally the most popular outdoor sport with more than 50,000,000 participants of all ages, in all regions of the country. (2) Recreational anglers makes a substantial contribution to local, State, and national economies and infuse $116,000,000,000 annually into the national economy. (3) In the United States, more than 1,200,000 jobs are related to recreational fishing, a number that is approximately 1 percent of the entire civilian workforce in the United States. In communities that rely on seasonal tourism, the expenditures of recreational anglers result in substantial benefits to the local economies and small businesses in those communities. (4) Recreational anglers have long demonstrated a conservation ethic. In addition to payment of Federal excise taxes on fishing equipment, motorboats and fuel, as well as license fees, recreational anglers contribute more than $500,000,000 annually to State fisheries conservation management programs and projects. (5) It is a long standing policy of the Federal Government to allow public access to public lands and waters for recreational purposes in a manner that is consistent with principals of sound conservation. This policy is reflected in the National Forest Management Act of 1976, the Wilderness Act, the Wild and Scenic Rivers Act, and the National Parks and Recreation Act of 1978. (6) In most instances, recreational fishery resources can be maintained without restricting public access to fishing areas through a variety of management measures including take limits, minimum size requirements, catch and release requirements, gear adaptations, and closed seasons. (7) A clear policy is required to demonstrate to recreational anglers that recreational fishing can be managed without unnecessarily prohibiting such fishing. (8) A comprehensive policy on the implementation, use, and monitoring of marine protected areas is required to maintain the optimum balance between recreational fishing and sustaining recreational fishery resources. SEC. 3. POLICY. It is the policy of the United States to promote sound conservation of fishery resources by ensuring that-- (1) Federal regulations promote access to fishing areas by recreational anglers to the maximum extent practicable; (2) recreational anglers are actively involved in the formulation of any regulatory procedure that contemplates imposing restrictions on access to a fishing area; and (3) limitations on access to fishing areas by recreational anglers are not imposed unless such limitations are scientifically necessary to provide for the conservation of a fishery resource. SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT AMENDMENTS. (a) Limitation on Closures.--Section 303(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended by adding at the end the following: ``(15) not establish geographic areas where recreational fishing is prohibited unless-- ``(A) clear indication exists that recreational fishing in such area is the cause of a specific conservation problem in the fishery; ``(B) no alternative conservation measures related to recreational fishing, such as gear restrictions, quotas, or closed seasons will adequately provide for conservation and management of the fishery; ``(C) the management plan-- ``(i) provides for specific measurable criteria to assess whether the prohibition provides conservation benefits to the fishery; and ``(ii) requires a periodic review to assess the continued need for the prohibition not less than once every 3 years; ``(D) the best available scientific information supports the need to close the area to recreational fishing; and ``(E) the prohibition is terminated as soon as the condition in subparagraph (A) that was the basis of the prohibition no longer exists.''. (b) Technical Amendments.--Such section is further amended-- (1) in paragraph (13), by striking ``and'' after the semicolon; and (2) in paragraph (14), by striking ``fishery.'' and inserting ``fishery; and''. SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT. Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5)) is amended to read as follows: ``(5) Fishing regulations.-- ``(A) In general.--The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to prepare, and to revise from time to time, draft regulations for fishing within the exclusive economic zone as the Council may deem necessary to implement the proposed designation. ``(B) Relationship to magnuson.--Draft regulations prepared by the Council under subparagraph (A) shall be made in accordance with the standards and procedures of the Magnuson Act. ``(C) Regulation within a state.--Such regulations may regulate a fishery within the boundaries of a State (other than the State's internal waters) if-- ``(i) the Governor of the State approves such regulation; or ``(ii) the Secretary determines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that the State has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the fulfillment of the purposes and policies of this Act and the goals and objectives of the proposed designation. ``(D) Notification and hearing.--If the Secretary makes a determination under subparagraph (C)(ii) to regulate a fishery within the boundaries of such State (other than State's internal waters)-- ``(i) the Secretary shall promptly notify the State and the appropriate Council of such determination; ``(ii) the State may request that a hearing be held pursuant to section 554 of title 5, United States Code; and ``(iii) the Secretary shall conduct a hearing requested under clause (ii) prior to taking any action to regulate a fishery within the boundaries of such State (other than the State's internal waters) under subparagraph (C)(ii). ``(E) Termination of regulation within a state.--If the Secretary, pursuant to a determination under subparagraph (C)(ii), assumes responsibility for the regulation of any fishery, the State involved may at any time thereafter apply to the Secretary for reinstatement of its authority over such fishery. If the Secretary finds that the reasons for which the Secretary assumed such regulation no longer prevail, the Secretary shall promptly terminate such regulation.''.

Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas where recreational fishing is prohibited unless: (1) there is clear indication that such fishing in the area is the cause of a specific conservation problem in the fishery; (2) no alternative conservation measures related to recreational fishing will adequately provide for conservation and management of the fishery; (3) the plan provides criteria to assess whether the prohibition provides fishery conservation benefits and requires plan periodic review; (4) the best available scientific information supports the need to close the area to recreational fishing; and (5) the prohibition is terminated as soon as the condition causing the prohibition no longer exists. Amends the National Marine Sanctuaries Act to direct the Secretary to provide the appropriate Council with the opportunity to revise draft regulations for fishing within the exclusive economic zone as the Council may deem necessary to implement the proposed designation of a national marine sanctuary. Allows such draft regulations to regulate a fishery within a State if: (1) the governor of the State approves the regulations; or (2) the Secretary determines, after notice and opportunity for a hearing, that the State has taken, or failed to take, any action the results of which will substantially and adversely affect the fulfillment of the purposes of such Act and the goals and objectives of the proposed sanctuary designation.

A bill to protect the public's ability to fish for sport, and for other purposes.

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

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

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

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

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

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

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

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

Government Shutdown Prevention Act

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

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

Ravi Thackurdeen Safe Students Study Abroad Act

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

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

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

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

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

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

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

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

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

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

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

Nazi Benefits Termination Act of 1999

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

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

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

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

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

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

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

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

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

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

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

Neighborhood Infrastructure Improvement and Inner City Job Creation Act

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

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

Child Safety Lock Act of 1999

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

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

LEAP Act

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

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

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

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

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

Unborn Victims of Violence Act of 1999

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

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

Broadcast Ownership for the 21st Century Act

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

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

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

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

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

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

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

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

Fracturing Regulations are Effective in State Hands Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Immigration Moratorium Act of 1994

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

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

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

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

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

Colusa Basin Watershed Integrated Resources Management Act

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

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

Ban on Smoking in Federal Buildings Act

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

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

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

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

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

Prohibiting Detention of Youth Status Offenders Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Travelers Bill of Rights Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Site operator.--The term ``site operator'' means an individual or entity that operates a Web site that provides access to international travel services. Such term includes an overseas vacation destination or a third party that operates a Web site that offers international travel services. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) International travel services.--The term ``international travel services'' means a service that a consumer can use to reserve lodging at an overseas vacation destination. (4) Overseas vacation destination.--The term ``overseas vacation destination'' means a resort, hotel, retreat, hostel, or any other similar lodging outside the United States. (5) United states.--The term ``United States'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS. (a) In General.--A site operator, in a manner in compliance with regulations issued by the Commission and with the requirements of this Act, shall provide information on its Web site to consumers in a clear and conspicuous manner regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site, if any, including the following: (1) Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts. (2) Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination-- (A) employs or contracts with a physician or nurse on the premises to provide medical treatment for guests; (B) employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in cardiopulmonary resuscitation; (C) has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and (D) employs or contracts with 1 or more lifeguards on the premises trained in cardiopulmonary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests. (b) Services Not Available 24 Hours a Day.--If the onsite health and safety services at an overseas vacation destination are not available 24 hours a day, 7 days a week, the site operator shall display the hours and days of availability on its Web site in a clear and conspicuous manner. (c) Information Not Available.--If the onsite health and safety services described in subsection (a)(2) are not available at an overseas vacation destination, or if the site operator does not possess information on the onsite health and safety services required to be displayed on its Web site, the site operator shall display in a clear and conspicuous manner the following: ``This destination does not provide certain health and safety services, or information regarding such services is not available. Travel to this destination may pose an increased risk to your health or safety.''. SEC. 4. CONSUMER COMPLAINTS. (a) Suspension.--A site operator shall establish a process under which an overseas vacation destination will be suspended from its Web site as a result of complaints from consumers to the site operator regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues with respect to such destination. (b) Public Availability.--A site operator shall make all complaints submitted by consumers publicly available on its Web site and may modify the contents of such complaints at the request of the complainant or may remove offensive language and personal identification information. SEC. 5. ENFORCEMENT. (a) In General.--A violation of any provision of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Deadline for Issuance of Regulations.--The Commission shall issue regulations to carry out this Act not later than 6 months after the date of the enactment of this Act.

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

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

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

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

Aimee's Law