Abhinay123/billsum-summarization-filtered3

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

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

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

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

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

Ruth Moore Act of 2013

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

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

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

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

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

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

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

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

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

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

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

Insurance Capital Standards Clarification Act of 2014

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

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

Timely Repatriation Act

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

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

Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018

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

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

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

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

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

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

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

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

Eliminating Kickbacks in Recovery Act of 2018

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

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

Preserving Employee Wellness Programs Act

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

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

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

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

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

Captive Primate Safety Act

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

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

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

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

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

Small Business Investment and Growth Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyers' Tax Credit Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $20,000. ``(2) Taxable income limitation.--No credit shall be allowed under subsection (a) if the taxpayer's adjusted gross income for the taxable year immediately preceding the taxable year in which the purchase of the principal residence occurs exceeds $75,000 ($150,000 in the case of a joint return). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' has the same meaning as when used in section 72(t)(8)(D)(i). ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(C) Married individuals filing jointly.--In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time homebuyers. ``(D) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence-- ``(i) the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and ``(ii) the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. Except as provided in regulations, an interest in a partnership, S corporation, or trust which owns an interest in a residence shall not be treated as an interest in a residence. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants), and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of acquisition (within the meaning of section 72(t)(8)(D)(iii)). ``(c) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(e) Property To Which Section Applies.--The provisions of this section shall apply to a principal residence if the taxpayer purchases the residence during the period beginning on the date of enactment, and ending on the date which is 1 year after such date.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) in the case of a residence with respect to which a credit was allowed under section 36A, to the extent provided in section 36A(d).''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 36A'' after ``36''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Purchase of principal residence by first-time homebuyer.''.

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

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

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

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

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

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

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

Medicare Fairness in Reimbursement Act of 2000

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

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

Taxpayers Right-To-Know Act

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

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

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

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

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

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

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

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

Bend Pine Nursery Land Conveyance Act

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

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

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

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

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

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

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

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

Native American Indian Education Act

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

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

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

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

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

Drinking Water Protection Act

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

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

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

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

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

Federal Facilities Clean Water Compliance Act of 1997

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

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

AFFIRM Act

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

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

Trademark Amendments Act of 1999

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

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

Jacob Wetterling Crimes Against Children Registration Act

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Native American Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some 4-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Native American Indian students is no longer equitably shared among the States and colleges because the mandate does not distinguish between such students who are residents of the State or who are residents of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE. (a) In General.--Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319 the following: ``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE. ``(a) Amount of Payment.--For fiscal year 2018 and each succeeding fiscal year through fiscal year 2022, the Secretary may pay to any eligible college an amount that equals the charges for tuition waived by the college (as described in subsection (e)(1)) for the academic year ending before the beginning of such fiscal year for Native American Indian students who were enrolled in the college for such academic year and who were not residents of the State in which the college is located during such academic year. ``(b) Treatment of Payment.--Any amounts received by an eligible college under subsection (a) shall be treated as a reimbursement from the State in which the college is located, which is provided in fulfillment of any Federal mandate upon the State to waive charges for tuition for Native American Indian students. ``(c) Rule of Construction.--Nothing in this section shall be construed to relieve any State from any mandate the State may have under Federal law to reimburse an eligible college for an academic year-- ``(1) with respect to Native American Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition waived by the college for such students that exceeds the amount received by the college under subsection (a) for such academic year; and ``(2) with respect to Native American Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition waived by the college for such students for such academic year. ``(d) Applicability.-- ``(1) In general.--The provisions of any other section of this part or part G shall not apply with respect to funds paid under this section. ``(2) No effect on eligibility.--Funds received by a Native American-serving, nontribal institution under this section shall not be taken into account for purposes of section 319(d)(3)(A). ``(e) Definitions.--In this section: ``(1) Eligible college.--The term `eligible college' means any 4-year Native American-serving, nontribal institution that waives the charges for tuition as mandated by Federal statute, with the support of the State in which the institution is located, for Native American Indian students in fulfillment of a condition under which the institution or State received its original grant of land and facilities from the United States. ``(2) Native american indian students.--The term `Native American Indian students' includes reference to the term `Indian pupils' as that term has been utilized in Federal statutes imposing a mandate upon any eligible college or State to waive charges for tuition for Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. ``(3) Native american-serving, nontribal institution.--The term `Native American-serving, nontribal institution' has the meaning given the term in section 319(b). ``(f) Supplement, Not Supplant.--Funds under this section shall be used to supplement, not supplant, any Federal or non-Federal funds that would otherwise be used for Indian education programs.''. (b) Authorization.--Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended-- (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: ``(F) There are authorized to be appropriated to carry out section 319A, $17,400,000 for each of fiscal years 2018 through 2022.''.

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

Native American Indian Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. CONTINUING FUNDING. (a) In General.--If any regular appropriation bill for any fiscal year does not become law prior to the beginning of these fiscal years or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in those fiscal years. (b) Level of Funding.--Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be at 100 percent of the rate of operations that was provided for the program, project, or activity in fiscal year 1999 in the corresponding regular appropriation Act for fiscal year 1999. (c) Period of Availability.--Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this Act for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- (1) the date on which the applicable regular appropriation bill for any fiscal year becomes law (whether or not that law provides for that program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of any fiscal year. SEC. 3. TERMS AND CONDITIONS. (a) In General.--An appropriation of funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriations Act for fiscal year 1999, including all of the terms and conditions and the apportionment schedule imposed with respect to the appropriation made or funds made available for fiscal year 1999 or authority granted for the program, project, or activity under current law. (b) Extent and Manner.--Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. SEC. 4. COVERAGE. Appropriations and funds made available, and authority granted, for any program, project, or activity for any fiscal year pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of any fiscal year for which this Act applies to that program, project, or activity. SEC. 5. EXPENDITURES. Expenditures made for a program, project, or activity for any fiscal year pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of any fiscal year providing for that program, project, or activity for that period becomes law. SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY. No appropriation or funds made available or authority granted pursuant to this Act shall be used to initiate or resume any program, project, or activity for which appropriations, funds, or other authority were not available during fiscal year 1999. SEC. 7. PROTECTION OF OTHER OBLIGATIONS. Nothing in this Act shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. SEC. 8. DEFINITION. In this Act, the term ``regular appropriation bill'' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of programs, projects, and activities: (1) Agriculture, rural development, and related agencies programs. (2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. (3) The Department of Defense. (4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (5) The Departments of Labor, Health and Human Services, and Education, and related agencies. (6) The Departments of Veterans Affairs and Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. (7) Energy and water development. (8) Foreign assistance and related programs. (9) The Department of the Interior and related agencies. (10) Military construction. (11) The Department of Transportation and related agencies. (12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. (13) The legislative branch.

Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1999) in the absence of regular appropriations for any fiscal year.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2005''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179B the following new section: ``SEC. 179C. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by inserting after subparagraph (I) the following new subparagraph: ``(J) expenditures for which a deduction is allowed under section 179C.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179B'' each place it appears in the heading and text and inserting ``179B, or 179C''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by inserting after paragraph (31) the following new paragraph: ``(32) to the extent provided in section 179C(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179C,'' after ``179B,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179B the following new item: ``Sec. 179C. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.

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

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

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

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

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

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

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

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

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

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

Chemical Security Act of 1999

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

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

Trade Agreements Compliance Act of 1993

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

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

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

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

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

Chemical Security Act of 1999

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

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

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

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

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

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

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

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

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

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

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

Fairness for Adopting Families Act

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

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

No Frills Prison Act

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

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

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

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

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

United States Ports of Entry Threat and Operational Review Act

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

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

Capital Budgeting Act of 1993

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

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

Prohibiting Detention of Youth Status Offenders Act of 2017

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

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

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

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

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

Federal Cybersecurity Workforce Assessment Act

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

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

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

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

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

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

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

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

Student Loan Fair Prepayment Act

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

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

Child Passenger Protection Act

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

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

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

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

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

21st Century Community Learning Centers Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Church Insurance Protection Act

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

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

Global Development Lab Act of 2016

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

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

Bob Dole Congressional Gold Medal Act

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

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

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

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

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

Emergency Petroleum Supply Act

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

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

Private Security Officer Quality Assurance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2005''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2007; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) 2 or more crimes involving moral turpitude. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been ordered excluded, deported, removed, or to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under that paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by Secretary.--If the Secretary of Homeland Security grants the application, the Secretary shall cancel the order. If the Secretary of Homeland Security makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2005, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act, the Secretary of Homeland Security shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in this section. (2) Savings provision.--Nothing in this Act shall be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

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

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

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

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

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

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

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

To allow media coverage of court proceedings.

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

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

Protecting Girls’ Access to Education in Vulnerable Settings Act

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

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

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

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

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

Stop Exploitation Through Trafficking Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the chief executive of the District of Columbia or the territory being honored, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Timing and order of issuance.--Coins minted under this subsection honoring the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. Passed the House of Representatives January 23, 2007. Attest: KAREN L. HAAS, Clerk.

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

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

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

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

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

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

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

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

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

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

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

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

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

National Volcano Early Warning and Monitoring System Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A bill to provide emergency disaster assistance to agricultural producers.

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

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

Ultrasound Informed Consent Act

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

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

Transparency and Honesty in Energy Regulations Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Fairness and Tax Relief Act of 2003''. SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING PROGRAMS. (a) In General.--Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the ``Secretary'') under section 3304 of the Internal Revenue Code of 1986, which desires to do so, may enter into and participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that special unemployment assistance be payable to individuals participating in a qualified worker training program, as described in subsection (b). Any State which is a party to an agreement under this Act may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Qualified Worker Training Program.--For purposes of this Act, the term ``qualified worker training program'' means a program-- (1) under which individuals who meet the requirements described in paragraph (3) are eligible to receive special unemployment assistance while participating in the program; (2) under which the assistance described in paragraph (1) is payable in the same amount, at the same interval, on the same terms, and subject to the same conditions, as regular compensation under the State law, except that-- (A) State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to such individuals; (B) assistance shall not be payable after the end of the 12-month period following the last day of the individual's benefit year; and (C) such individuals are considered to be unemployed for the purposes of Federal and State laws applicable to unemployment compensation, as long as such individuals meet the requirements applicable under this subsection; (3) under which individuals may receive the assistance described in paragraph (1) if such individuals-- (A)(i)(I) have exhausted all rights to regular compensation under the State law; (II) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility for extended compensation, in such State; (ii) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; (iii) are not receiving compensation with respect to such week under the unemployment compensation law of Canada or any other foreign country; (B)(i) were terminated as a result of any permanent closure of a plant or facility; or (ii) are identified pursuant to a State worker profiling system as individuals who-- (I) are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which they reside; (II) are otherwise unlikely to return to their previous industry or occupation; or (III) satisfy such other criteria as may be established in or under the agreement for purposes of this subclause; and (C) are actively participating in training activities approved by the State agency preparing them for suitable reemployment; and (4) which meets such other requirements as the Secretary determines to be appropriate. SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS. (a) In General.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to the applicable percentage of the covered costs of the qualified worker training program of such State. (b) Definitions.--For purposes of this section: (1) Applicable percentage.--The term ``applicable percentage'', with respect to a State which has entered into an agreement under this Act, means-- (A) during each of the first 3 calendar years beginning on the date on which such agreement is entered into, 100 percent; and (B) during each calendar year thereafter, 50 percent. (2) Covered costs.--The term ``covered costs'', with respect to a qualified worker training program, means-- (A) the amount of special unemployment assistance (as described in section 3(b)(1)) paid under such program; and (B) such amount as the Secretary determines to be necessary for the proper and efficient administration of such program. (c) Method of Payment.--Sums payable to any State by reason of such State's having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 4. FINANCING PROVISIONS. (a) In General.--Payments to States under section 3 shall be made in accordance with this section. (b) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from general funds in the Treasury to-- (1) the account of such State in the Unemployment Trust Fund, to the extent that such payment is allocable to costs described in section 3(b)(2)(A); and (2) such fund or other repository as may be agreed upon by the Secretary and the State agency of the State involved, to the extent that such payment is allocable to costs described in section 3(b)(2)(B). SEC. 5. DEFINITIONS. For purposes of this Act, the terms ``State'', ``State law'', ``State agency'', ``regular compensation'', ``extended compensation'', ``benefit year'', and ``week'' shall have the respective meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. SEC. 6. REPORTS BY THE SECRETARY OF LABOR. The Secretary shall prepare and transmit to the Congress on an annual basis a written report on the operation of this Act, including-- (1) an assessment of this Act's effectiveness within those States having an agreement in effect under this Act during the period covered by the report; (2) the name of any State whose request to enter into an agreement under this Act was disapproved during the period covered by the report, including the reasons for each such decision; and (3) such other information as the Secretary considers appropriate. SEC. 7. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (p) of section 3402 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 6050B of such Code (relating to returns relating to unemployment compensation) is hereby repealed. (3) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 85. (4) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6050B. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2002.

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

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