Abhinay123/billsum-summarization-filtered3

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifetime Prosperity Act of 2005''. SEC. 2. EXPANSION OF SAVERS CREDIT. (a) Credit Extended and Made Permanent.-- (1) Permanent extension of credit.--Section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by striking subsection (h). (2) Sunset made inapplicable.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 618 of such Act (relating to nonrefundable credit to certain individuals for elective deferrals and IRA contributions). (b) Expansion of Credit.--Subsections (a) and (b) of section 25B of such Code are amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the qualified retirement savings contributions of the eligible individual for the taxable year. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed the applicable dollar limit. ``(2) Applicable dollar limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as provided in subparagraph (B), the applicable dollar limit is-- ``(i) in the case of a joint return, $3,000, and ``(ii) in the case of any other return, 50 percent of the dollar amount applicable for the taxable year under clause (i). ``(B) Limitation based on adjusted gross income.-- The applicable dollar limit shall be zero in the case of a taxpayer whose adjusted gross income for the taxable year exceeds-- ``(i) $150,000 in the case of a joint return, and ``(ii) $95,000 in any other case. ``(3) Inflation adjustment.--In the case of any taxable year beginning after 2006, the amounts contained in subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (c) Credit Allowed for Contributions to Roth IRAs for Children.-- (1) In general.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the amount of contributions made by the eligible individual to all Roth IRAs for children under section 408A(g).''. (2) Limitation.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by adding at the end the following flush sentence: ``The amount taken into account under subparagraph (D) shall not exceed the aggregate amount of contributions allowed to all Roth IRAs of such eligible individual under section 408A(g).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. ROTH IRAS FOR CHILDREN. (a) In General.--Section 408A of the Internal Revenue Code of 1986 (relating to Roth IRAs) is amended by adding at the end the following new subsection: ``(g) Special Rules for Roth IRAs for Children.-- ``(1) General rule.--A Roth IRA maintained for the benefit of an individual who has not attained age 25 before the close of the taxable year shall be maintained under this section, as modified by this subsection. ``(2) Contribution limits.-- ``(A) In general.--For so long as a Roth IRA is subject to this subsection, contributions to such Roth IRA shall be subject to this paragraph and not to subsection (c)(2), and subsection (c)(3) shall not apply. ``(B) Limit.--The aggregate amount of contributions for any taxable year to all child Roth IRAs maintained for the benefit of an individual under this subsection shall not exceed the maximum amount allowable as a deduction under subsection (b)(1) of section 219 for such taxable year (computed without regard to subsections (b)(1)(B), (d)(1), and (g) of such section).''. (b) Enforcement of Contribution Limits.--Paragraphs (1)(B) and (2)(B) of section 4973(f) of such Code are each amended by striking ``and (c)(3)'' and inserting ``, (c)(3), and (f)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Lifetime Prosperity Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for retirement savings contributions; (2) revise the applicable percentage and dollar limitations for such credit; (3) provide for an inflation adjustment to adjusted gross income limitations applicable to such credit; and (4) allow a tax credit for contributions to Roth IRAs for children (under age 25).

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. (a) In General.--The Comptroller General of the United States shall conduct a study investigating the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. (b) Report by GAO.-- (1) Submission.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall complete the study under subsection (a) and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of such study. (2) Contents.--The report required by paragraph (1) shall include each of the following: (A) A description of the extent to which the Food and Drug Administration assists sponsors in complying with the requirements and following the guidance referred to in subsection (a). (B) A description of the effectiveness of the Food and Drug Administration's enforcement of compliance with such requirements. (C) An analysis of the extent to which females, racial and ethnic minorities, and adults of all ages are adequately represented in Food and Drug Administration-approved clinical studies (at all phases) so that product safety and effectiveness data can be evaluated by gender, age, and racial subgroup. (D) An analysis of the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is readily available to the public in a timely manner by means of the product label or the Food and Drug Administration's Website. (E) Appropriate recommendations for-- (i) modifications to the requirements and guidance referred to in subsection (a); or (ii) oversight by the Food and Drug Administration of such requirements. (c) Report by HHS.--Not later than 6 months after the submission by the Comptroller General of the report required under subsection (b), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a response to that report, including a corrective action plan as needed to respond to the recommendations in that report. (d) Definitions.--In this section: (1) The term ``biologic'' has the meaning given to the term ``biological product'' in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The term ``device'' has the meaning given to such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (3) The term ``drug'' has the meaning given to such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)). SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-5. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH CARDIOVASCULAR DISEASES. ``Not later than September 30, 2013, and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Congress a report on the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; and (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $23,000,000 for fiscal year 2012, $25,300,000 for fiscal year 2013, $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year 2015, and $34,000,000 for fiscal year 2016.''. Passed the House of Representatives September 30 (legislative day September 29), 2010. Attest: LORRAINE C. MILLER, Clerk.

Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - (Sec. 2) Directs to the Comptroller General to study and report to specified congressional committees on the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration (FDA) requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. Requires the Secretary of Health and Human Services (HHS) to submit to such committees a response to the the Comptroller General's report, including a corrective action plan as needed to respond to the recommendations in such report. (Sec. 3) Amends the Public Health Service Act to require the Secretary to report to Congress on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases, including recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. (Sec. 4) Expands and reauthorizes appropriations for FY2012-FY2016 for a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer.

To amend the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Children and Teachers Act'' or the ``Keep Our PACT Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Children are our Nation's future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) The No Child Left Behind Act of 2001 represents the most sweeping revision of education policy in a generation. (4) The Consolidated Appropriations Act, 2005 (Pub. L. 108- 447) funded the No Child Left Behind Act of 2001 at $24,500,000,000 ($9,800,000,000 below its 2005 authorized level), causing 2,400,000 students not to receive the extra Title I help they were promised. (5) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education. (6) The Individuals with Disabilities Education Act committed the Congress to providing 40 percent of the national current average per pupil expenditure for special education students. (7) The fiscal year Consolidated Appropriations Act, 2005 (Pub. L. 108-447) funded the Individuals with Disabilities Education Act at $10,700,000,000, representing only 19 percent of the national current average per pupil expenditure for special education students and shortchanging 6,700,000 children with disabilities. (8) A promise made must be a promise kept. SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001. (a) Funding.--There are appropriated, out of any money in the Treasury not otherwise appropriated-- (1) for fiscal year 2006, an amount that equals the difference between the amount appropriated for fiscal year 2006 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $36,867,000,000; (2) for fiscal year 2007, an amount that equals the difference between the amount appropriated for fiscal year 2007 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $39,442,000,000; (3) for fiscal year 2008, an amount that equals the difference between the amount appropriated for fiscal year 2008 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $40,428,000,000; (4) for fiscal year 2009, an amount that equals the difference between the amount appropriated for fiscal year 2009 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $41,439,000,000; (5) for fiscal year 2010, an amount that equals the difference between the amount appropriated for fiscal year 2010 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $42,475,000,000; and (6) for fiscal year 2011, an amount that equals the difference between the amount appropriated for fiscal year 2011 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $45,537,000,000. (b) Use of Funds.--Funds appropriated under subsection (a)-- (1) shall be used to carry out the programs of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (2) shall be allocated among such programs in the same ratio as funds otherwise appropriated to carry out such programs. SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), is amended to read as follows: ``(i) Mandatory Funding.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated, and there are appropriated-- ``(1) $13,200,000,000 for fiscal year 2006; ``(2) $15,700,000,000 for fiscal year 2007; ``(3) $18,200,000,000 for fiscal year 2008; ``(4) $20,700,000,000 for fiscal year 2009; ``(5) $23,200,000,000 for fiscal year 2010; ``(6) $25,700,000,000 for fiscal year 2011; and ``(7) for fiscal year 2012 and each subsequent fiscal year, the amount that is the total, for all States, of the maximum amounts described in subsection (a)(2)(B).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2005.

Keep Our Promise to America's Children and Teachers Act - Keep Our PACT Act - Makes appropriations in order to provide for the full funding of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA), and for the Individuals with Disabilities Education Act (IDEA). Makes such appropriations for ESEA-NCLBA programs in amounts for each of FY 2006 through 2011 which equal the difference between other appropriations and specified amounts for each of those fiscal years. Amends IDEA to authorize and make appropriations for: (1) each of FY 2006 through 2011 in specified amounts; and (2) for FY 2012 and each subsequent fiscal year, in the amount that is the total for all States of the maximum amounts necessary to fully fund 40 percent of the average per pupil expenditure for IDEA part B programs of assistance for education of all children with disabilities.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Competition in Foreign Commerce Act of 1999''. SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--The Congress finds the following: (1) The United States makes substantial contributions and provides significant funding for major international development projects through international financial institutions and bilateral nonhumanitarian assistance. (2) These international development projects are often plagued with fraud, corruption, waste, inefficiency, and misuse of funding. (3) Fraud, corruption, waste, inefficiency, misuse, and abuse are major impediments to competition in foreign commerce throughout the world. (4) Identifying these impediments after they occur is inadequate and meaningless. (5) Detection of impediments before they occur helps to ensure that valuable United States resources contributed to important international development projects are used appropriately. (6) Independent third-party procurement monitoring is an important tool for detecting and preventing such impediments. (7) Third-party procurement monitoring includes evaluations of each stage of the procurement process and assures the openness and transparency of the process. (8) Improving transparency and openness in the procurement process helps to minimize fraud, corruption, waste, inefficiency, and other misuse of funding, and promotes competition, thereby strengthening international trade and foreign commerce. (b) Purpose.--The purpose of this Act is to build on the excellent progress associated with the Organization on Economic Development and Cooperation Agreement on Bribery and Corruption by promoting the use of independent third-party procurement monitoring as part of United States participation in the international financial institutions and in the disbursement by the United States of bilateral nonhumanitarian foreign assistance funds, so as to ensure open, efficient, and transparent government procurement practices. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate committees.--The term ``appropriate committees'' means the Committees on Finance and on Commerce, Science, and Technology of the Senate and the Committees on Ways and Means and on Commerce of the House of Representatives. (2) Independent third-party procurement monitoring.--The term ``independent third-party procurement monitoring'' means a program to-- (A) eliminate bias, (B) promote transparency and open competition, and (C) minimize fraud, corruption, waste, inefficiency, and other misuse of funds, in international procurement through independent evaluation of the technical, financial, economic, and legal aspects of the procurement process. (3) Independent.--The term ``independent'' means that monitoring the procurement process does not pose a conflict of interest for the person doing so. (4) Each stage of procurement.--The term ``each stage of procurement'' means the development and issuance of technical specifications, bidding documents, evaluation reports, contract preparation, and the delivery of goods and services. (5) International financial institution.--The term ``international financial institution'' has the meaning given in section 1701(c)(2) of the International Financial Institutions Act. SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall transmit to the President and to the appropriate committees a plan for promoting international government procurement reforms relating to the United States participation in international financial institutions, including the use of third party procurement monitoring where appropriate. (b) Plan.--The plan shall include an instruction by the Secretary of the Treasury to the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose the use of funds appropriated or made available by the United States for any non-humanitarian assistance, until-- (1) the institution has adopted an anticorruption plan that requires the use of independent third-party procurement monitoring services in any case in which the country receiving such assistance lacks the necessary organization, resources, and expertise to ensure openness, efficiency, and transparency in government procurement; and (2) each country receiving such assistance institutes specific strategies for minimizing corruption and maximizing transparency in each stage of the procurement process. (c) Annual Reports.--Not later than June 29 of each year, the Secretary of the Treasury shall report to the appropriate committees on the progress in implementing procurement reforms made by each international financial institution and each country that received non- humanitarian assistance from such an institution during the preceding year. (d) Restrictions on Assistance.--Notwithstanding any other provision of law, no funds appropriated or made available for non- humanitarian foreign assistance programs, including the activities of the Agency for International Development, may be expended for a government procurement program unless each country eligible to receive assistance under such programs and each international financial institution involved has demonstrated that significant progess is being made toward institutionalizing-- (1) procurement practices which are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) independent third-party monitoring of government procurement, in the case of such countries that lack necessary organization, resources, and expertise. SEC. 5. EXCEPTIONS. (a) National Security.--Section 4 shall not apply with respect to a country if the President determines with respect to such country that making funds available is in the national security interests of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is in the national security interests of the United States. (b) Other Exceptions.--Section 4 shall not apply with respect to assistance to-- (1) meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (2) facilitate democratic political reform and rule of law activities; (3) create private sector and nongovernmental organizations that are independent of government control; or (4) facilitate development of a free market economic system.

Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless each recipient country and each international financial institution has demonstrated that significant progress is being made toward institutionalizing: (1) procurement practices that are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) independent third-party procurement monitoring of government procurement in countries that lack necessary organization, resources, and expertise. Specifies national security, emergency humanitarian, and other exceptions to the requirements of this Act.

Fair Competition in Foreign Commerce Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raw Sewage Overflow Community Right- to-Know Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control estimates that there are 7,100,000 cases of mild to moderate, and 560,000 cases of moderate to severe, infectious waterborne disease in the United States each year. (2) Inadequately treated sewage is filled with bacteria, viruses, parasites, and worms that make people sick. (3) People who ingest or inhale inadequately treated sewage can contract gastroenteritis, hepatitis, giardiasis, cryptosporidiosis, dysentery, and other gastrointestinal and respiratory diseases. (4) Between 1,800,000 and 3,500,000 Americans become sick every year just from swimming in waters contaminated by sanitary sewer overflows. (5) The loss of swimming opportunities (beach closings) due to pathogen contamination is valued at $1,000,000,000 to $2,000,000,000 annually in the United States. (6) Economic losses due to swimming-related illnesses are estimated at $28,000,000,000 annually. (7) Many sewer systems do not routinely monitor to detect sewer overflows or report those that do occur to environmental or public health agencies. (8) Better monitoring, reporting, and public notification of sewer overflows would save millions of Americans from getting sick every year. (9) Public health authorities are not routinely notified of sewer overflows that threaten public health. SEC. 3. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(24) Sanitary sewer overflow.--The term `sanitary sewer overflow' means an overflow, spill, release, or diversion of wastewater from a sanitary sewer system. Such term does not include combined sewer overflows or other discharges from the combined portions of a combined sewer system and does not include wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned. Such term includes overflows or releases of wastewater that reach waters of the United States, overflows or releases of wastewater that do not reach waters of the United States, and wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral.''. SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(r) Sanitary Sewer Overflows.-- ``(1) General requirements.--Not later than 1 year after the date of enactment of this subsection, the owner or operator of a publicly owned treatment works (as defined in section 212) under a permit issued under this section-- ``(A) must institute and utilize a methodology, technology, or management program that will alert the owner or operator to the occurrence of a sanitary sewer overflow in a timely manner; ``(B) must notify the public of a sanitary sewer overflow in any area where the overflow has the potential to affect human health; ``(C) must notify the public as soon as practicable within 24 hours of the time the owner or operator becomes aware of the overflow; ``(D) must immediately notify public health authorities and other affected entities, such as public water systems, of any sanitary sewer overflow that may imminently and substantially endanger human health; ``(E) must provide to the Administrator or the State in the case of a State that has a permit program approved under this section either an oral or electronic report as soon as practicable within 24 hours of the time the owner or operator becomes aware of the overflow; ``(F) must provide to the Administrator or the State, as the case may be, within 5 days of the time the owner or operator becomes aware of the overflow a written report describing-- ``(i) the magnitude, duration, and suspected cause of the overflow; ``(ii) the steps taken or planned to reduce, eliminate, and prevent recurrence of the overflow; and ``(iii) the steps taken or planned to mitigate the impact of the overflow; ``(G) must report all sanitary sewer overflows to waters of the United States on its monthly discharge monitoring report to the Administrator or the State, as the case may be; and ``(H) must report to the Administrator or the State, as the case may be, the total number of such overflows (including overflows that do not reach any waters of the United States) in a calendar year, including the details of how much wastewater was released per incident, the duration of each overflow, the location of the overflow and any potentially affected receiving waters, the responses taken to clean up the overflow, and the actions taken to mitigate impacts and avoid further sanitary sewer overflows at the site. ``(2) Report to epa.--If a State receives a report under paragraph (1)(H), the State shall report to the Administrator annually, in summary, the details of reported sanitary sewer overflows that occurred in that State.''. SEC. 5. ELIGIBILITY FOR ASSISTANCE. Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended-- (1) by striking ``and'' the first place it appears; and (2) by inserting after ``320 of this Act'' the following: ``, and (4) for the implementation of requirements to monitor, report, and notify the public of sanitary sewer overflows under section 402''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums'' and all that follows through the period at the end and inserting ``$2,200,000,000 for each of fiscal years 2006 through 2012.''.

Raw Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act to direct owners or operators of publicly owned treatment works to: (1) institute an alert system for sanitary sewer overflows; (2) notify the public of such overflows in areas where human health is potentially affected within 24 hours; (3) immediately notify public health authorities and other affected entities; and (4) provide specified reports to the Administrator of the Environmental Protection Agency (EPA) or the State. Makes the alert systems eligible for State water pollution control revolving fund assistance. Authorizes appropriations for such fund through FY 2012.

To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Equity Act of 2007''. SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Repeal of Dollar Limitation; Increase in Phaseout Beginning Point.--Subsection (b) of section 221 of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $100,000 ($200,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 199, 222, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, and 469.''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2008, the $100,000 and $200,000 amounts in subsection (b) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE PERMANENT. (a) Repeal of Termination.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH RESPECT TO HIGHER EDUCATION. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 (defining qualified scholarship) is amended by inserting before the period at the end the following: ``or, in the case of enrollment or attendance at an eligible educational institution, for qualified higher education expenses.''. (b) Definitions.--Subsection (b) of section 117 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified higher education expenses; eligible educational institution.--The terms `qualified higher education expenses' and `eligible educational institution' have the meanings given such terms in section 529(e).''. (c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of such Code (relating to special rules for teaching and research assistants) is amended by striking ``shall be applied as if it did not contain the phrase `(below the graduate level)'.'' and inserting ``shall be applied-- ``(A) as if it did not contain the phrase `(below the graduate level)', and ``(B) by substituting `qualified higher education expenses' for `tuition' the second place it appears.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2007 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 6. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE SCHOLARSHIP CREDIT. (a) Qualified Tuition and Related Expenses Expanded To Include Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the Internal Revenue Code of 1986 (defining qualified tuition and related expenses) is amended by adding at the end the following new subparagraph: ``(D) Additional expenses allowed for hope scholarship credit.--For purposes of the Hope Scholarship Credit, such term shall include fees, books, supplies, and equipment required for courses of instruction at the eligible educational institution.''. (b) Hope Scholarship Credit Not Reduced by Federal Pell Grants and Supplemental Educational Opportunity Grants.--Subsection (g) of section 25A of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(8) Pell and seog grants.--For purposes of the Hope Scholarship Credit, paragraph (2) shall not apply to amounts paid for an individual as a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively).''. (c) Expanded Hope Expenses Not Subject to Information Reporting Requirements.--Subsection (e) of section 6050S of such Code (relating to definitions) is amended by striking ``subsection (g)(2)'' and inserting ``subsections (f)(1)(D) and (g)(2)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2007 (in tax years ending after such date), for education furnished in academic periods beginning after such date. SEC. 7. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION PROVISIONS. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to subtitles A, B, and D of title IV of such Act.

Higher Education Affordability and Equity Act of 2007 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants. Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``National AMBER Alert Network Act of 2003''. SEC. 2. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK. (a) Coordination Within Department of Justice.--The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. The officer so designated shall be known as the AMBER Alert Coordinator of the Department of Justice. (b) Duties.--In acting as the national coordinator of the AMBER Alert communications network, the Coordinator shall-- (1) seek to eliminate gaps in the network, including gaps in areas of interstate travel; (2) work with States to encourage the development of additional elements (known as local AMBER plans) in the network; (3) work with States to ensure appropriate regional coordination of various elements of the network; and (4) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts on abducted children through the network. (c) Consultation With Federal Bureau of Investigation.--In carrying out duties under subsection (b), the Coordinator shall notify and consult with the Director of the Federal Bureau of Investigation concerning each child abduction for which an alert is issued through the AMBER Alert communications network. (d) Cooperation.--The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. SEC. 3. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH AMBER ALERT COMMUNICATIONS NETWORK. (a) Establishment of Minimum Standards.--Subject to subsection (b), the AMBER Alert Coordinator of the Department of Justice shall establish minimum standards for-- (1) the issuance of alerts through the AMBER Alert communications network; and (2) the extent of the dissemination of alerts issued through the network. (b) Limitations.--(1) The minimum standards established under subsection (a) shall be adoptable on a voluntary basis only. (2) The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that the dissemination of an alert through the AMBER Alert communications network be limited to the geographic areas most likely to facilitate the recovery of the abducted child concerned. (3) In carrying out activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the AMBER Alert communications network. (c) Cooperation.--(1) The Coordinator shall cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out activities under this section. (2) The Coordinator shall also cooperate with local broadcasters and State and local law enforcement agencies in establishing minimum standards under this section. SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN. (a) Program Required.--The Secretary of Transportation shall carry out a program to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development or enhancement of electronic message boards along highways and the placement of additional signage along highways; and (2) the development or enhancement of other means of disseminating along highways alerts and other information for the recovery of abducted children. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Secretary shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Secretary shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Transportation $20,000,000 for fiscal year 2004 to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 5. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS PLANS. (a) Program Required.--The Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development and implementation of education and training programs, and associated materials, relating to AMBER Alert communications plans; (2) the development and implementation of law enforcement programs, and associated equipment, relating to AMBER Alert communications plans; and (3) such other activities as the Secretary considers appropriate for supporting the AMBER Alert communications program. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Justice $5,000,000 for fiscal year 2004 to carry out this section. (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. Passed the Senate January 21, 2003. Attest: EMILY J. REYNOLDS, Secretary.

National AMBER Alert Network Act of 2003 - (Sec. 2) Requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. Requires the coordinator to: (1) seek to eliminate gaps in the network; (2) work with States to encourage the development of additional network elements and to ensure regional coordination; and (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network. Directs the Coordinator to notify and consult with the Federal Bureau of Investigation concerning each child abduction for which an AMBER Alert is issued.(Sec. 3) Directs the Coordinator to establish minimum standards for the issuance of alerts and for the extent of their dissemination (limited to the geographic areas most likely to facilitate the recovery of the abducted child). Provides that the standards shall be adoptable on a voluntary basis only.Requires the Coordinator to cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out such activities.(Sec. 4) Requires the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. Includes among permissible activities the development or enhancement of electronic message boards, and the placement of additional signage, along highways. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations.(Sec. 5) Directs the Attorney General to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans, which may include the development and implementation of: (1) education and training programs and associated materials; and (2) law enforcement programs and associated equipment. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations.

A bill to enhance the operation of the AMBER Alert communications network in order to facilitate the recovery of abducted children, to provide for enhanced notification on highways of alerts and information on such children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act of 2006''. 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 establish 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. Passed the House of Representatives May 3, 2006. Attest: KAREN L. HAAS, Clerk.

Federal Energy Price Protection Act of 2006 - Declares that it shall be 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. Defines "biofuel" as any fuel containing specified organic matter 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; and (3) state attorneys general. Prescribes guidelines for enforcement of civil actions by state attorneys general, including injunctions, compliance enforcement and civil penalties. Preempts state enforcement action while federal action is pending. Prescribes civil and criminal penalties for violations of this Act. Restricts enforcement of criminal penalties 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.

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 ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. (3) In 1999, 4,599,000 students were enrolled in private school in grades kindergarten through 8th grade, while 1,399,000 students were enrolled in private school in grades 9 through 12, for a combined total of 5,939,000 children enrolled in private school. (4) In 1999, 33,437,000 students were enrolled in public school in grades kindergarten through 8th grade, while 13,375,000 students were enrolled in public school in grades 9 through 12, for a combined total of 52,750,000 children enrolled in public school. (5) When polled by the Department of Education in 1999, 78 percent of parents with children enrolled in private schools, but just 48 percent of parents with children enrolled in public schools, were very satisfied with the school's discipline provisions, academic standards, and quality and performance of teachers. (6) In the 1993-94 school year, the average class size in public schools was at least twice the average class size in private schools. Larger classes can result in more disruption by misbehaving students. Thus, class size has a direct effect on the quality of the educational experience of students, teachers, and other staff, as well as parents' satisfaction with their child's school. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (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 redesignating section 36 as section 37 and by inserting after section 34 the following new section: ``SEC. 36. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--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 education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed-- ``(A) $2,500 for a child enrolled in an elementary school for any portion of the taxable year, and ``(B) $3,500 for a child enrolled in a secondary school for any portion of the taxable year. In any taxable year in which a child meets the requirements of both subparagraphs (A) and (B), the amount of credit allowable shall not exceed the sum of the amounts in such subparagraphs. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning provided by section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, ``(ii) computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution, ``(iii) academic tutoring (by a person other than the taxpayer), ``(iv) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), ``(v) fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation, and ``(vi) academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means-- ``(A) an elementary or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or ``(B) any private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2)(B) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(4)) of such individual for such taxable year.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Education, Achievement, and Opportunity Act''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 36. Elementary and secondary education expenses. ``Sec. 37. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to establish a limited, income adjusted, elementary and secondary school expenses credit (up to $2,500 for elementary school expenses and $3,500 for secondary school expenses) for each qualifying child attending either a public or private school.

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Annual priority list.--The term `annual priority list' means the annual priority list compiled under subsection (b). ``(2) Comprehensive plan.--The term `comprehensive plan' means-- ``(A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) any amendments to that plan. ``(3) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. ``(b) Annual Priority List.-- ``(1) In general.--After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include-- ``(A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; ``(B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of-- ``(i) the identities of the financial assistance recipients; and ``(ii) the communities to be served; and ``(C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. ``(3) Consultation.--In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and ``(C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. ``(c) Grant Program.-- ``(1) In general.--Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. ``(B) Non-federal share.--The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be-- ``(i) not less than 25 percent; and ``(ii) provided from non-Federal sources. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2015 through 2019. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Relationship to other funding.--Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). ``(4) Prohibition.--No amounts made available under subsection (c) may be used for the administration of a management conference under section 320.''.

San Francisco Bay Restoration Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency to provide funding for prioritized activities, studies, or projects that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Funding may be provided through cooperative agreements, grants, or other means. Funding may not be used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Funding amounts provided under this Act may not exceed 75% of the total cost of eligible activities to be carried out using those amounts. This bill authorizes appropriations for the funding program through FY2019.

San Francisco Bay Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescribe A Book Act''. SEC. 2. PEDIATRIC INVOLVEMENT IN READING AND EDUCATION. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Pediatric Early Literacy Programs ``SEC. 5621. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means a nonprofit organization that has, as determined by the Secretary, demonstrated effectiveness in the following areas: ``(A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. ``(B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. ``(C) Providing technical assistance to local healthcare facilities to effectively implement a high- quality Pediatric Early Literacy Program. ``(D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 5626. ``(E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). ``(2) Pediatric early literacy program.--The term `Pediatric Early Literacy Program' means a program that-- ``(A) creates and implements a 3-part model through which-- ``(i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; ``(ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children's book to take home and keep; and ``(iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; ``(B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and ``(C) receives the endorsement of nationally recognized medical associations and academies. ``SEC. 5622. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to eligible entities to enable the eligible entities to implement Pediatric Early Literacy Programs. ``SEC. 5623. APPLICATIONS. ``An eligible entity that desires to receive a grant under section 5622 shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. ``SEC. 5624. MATCHING REQUIREMENT. ``An eligible entity receiving a grant under section 5622 shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under section 5622. Such matching funds may be in cash or in-kind. ``SEC. 5625. USE OF GRANT FUNDS. ``(a) In General.--An eligible entity receiving a grant under section 5622 shall-- ``(1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; ``(2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this subpart; and ``(3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. ``(b) Contractor Criteria.--Each contractor shall be selected under subsection (a)(1) on the basis of the extent to which the contractor gives priority to serving a substantial number or percentage of at-risk children, including-- ``(1) children from families with an income below 200 percent of the poverty line applicable to a family of the size involved, particularly such children in high-poverty areas; ``(2) children without adequate medical insurance; ``(3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or in the State Children's Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.); ``(4) children living in rural areas; ``(5) migrant children; and ``(6) children with limited access to libraries. ``SEC. 5626. RESTRICTION ON PAYMENTS. ``The Secretary shall make no payment to an eligible entity under this subpart unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. ``SEC. 5627. REPORTING REQUIREMENT. ``An eligible entity receiving a grant under section 5622 shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program.''. SEC. 3. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 5618 the following: ``subpart 22--pediatric early literacy programs ``Sec. 5621. Definitions. ``Sec. 5622. Program authorized. ``Sec. 5623. Applications. ``Sec. 5624. Matching requirement. ``Sec. 5625. Use of grant funds. ``Sec. 5626. Restriction on payments. ``Sec. 5627. Reporting requirement.''.

Prescribe A Book Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: (1) health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers in health care facility waiting areas read to children and show parents the techniques and pleasures of sharing books. Requires that the books provided to children under the programs be obtained at a discount.

Prescribe A Book Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Improper Payments Coordination Act of 2015''. SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE JUDICIAL AND LEGISLATIVE BRANCHES AND STATES. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in subsection (b)(3)-- (A) in the paragraph heading, by striking ``by agencies''; and (B) by adding at the end the following: ``States and any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code), shall have access to, and use of, the Do Not Pay Initiative for the purpose of verifying payment or award eligibility for payments (as defined in section 2(g)(3) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) when, with respect to a State, the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for that State and any contractor, subcontractor, or agent of the State, and, with respect to the judicial and legislative branches of the United States, when the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for the judicial branch or the legislative branch, as applicable. To ensure consistency with the principles of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) the Director of the Office of Management and Budget may issue guidance that establishes privacy and other requirements that shall be incorporated into Do Not Pay Initiative access agreements with States, including any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States.''; and (2) in subsection (d)(2)-- (A) in subparagraph (B), by striking ``and'' after the semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (C) the following: ``(D) may include States and their quasi-government entities, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code) as users of the system in accordance with subsection (b)(3).''. SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS. The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in section 5(a)(2), by striking subparagraph (A) and inserting the following: ``(A) The death records maintained by the Commissioner of Social Security.''; and (2) by adding at the end the following: ``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES FOR CURBING IMPROPER PAYMENTS. ``(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.--Not later than 1 year after the date of enactment of this section, the Secretary of State and the Secretary of Defense shall establish a procedure under which each Secretary shall, promptly and on a regular basis, submit information relating to the deaths of individuals to each agency for which the Director of the Office of Management and Budget determines receiving and using such information would be relevant and necessary. ``(b) Guidance to Agencies Regarding Data Access and Use for Improper Payments Purposes.-- ``(1) In general.--Not later than 12 months after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Do Not Pay Initiative under section 5 to-- ``(A) the Department of the Treasury; and ``(B) each agency or component of an agency-- ``(i) that operates or maintains a database of information described in section 5(a)(2); or ``(ii) for which the Director determines improved data matching would be relevant, necessary, or beneficial. ``(2) Requirements.--The guidance issued under paragraph (1) shall-- ``(A) address the implementation of subsection (a); and ``(B) include the establishment of deadlines for access to and use of the databases described in section 5(a)(2) under the Do Not Pay Initiative.''. SEC. 4. DATA ANALYTICS. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by adding at the end the following: ``(h) Report on Improper Payments Data Analysis.--Not later than 180 days after the date of enactment of the Federal Improper Payments Coordination Act of 2015, the Secretary of the Treasury shall submit to Congress a report which shall include a description of-- ``(1) data analytics performed as part of the Do Not Pay Business Center operated by the Department of the Treasury for the purpose of detecting, preventing, and recovering improper payments through preaward, postaward prepayment, and postpayment analysis, which shall include a description of any analysis or investigations incorporating-- ``(A) review and data matching of payments and beneficiary enrollment lists of State programs carried out using Federal funds for the purposes of identifying eligibility duplication, residency ineligibility, duplicate payments, or other potential improper payment issues; ``(B) review of multiple Federal agencies and programs for which comparison of data could show payment duplication; and ``(C) review of other information the Secretary of the Treasury determines could prove effective for identifying, preventing, or recovering improper payments, which may include investigation or review of information from multiple Federal agencies or programs; ``(2) the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and ``(3) the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center.''.

Federal Improper Payments Coordination Act of 2015 (Sec. 2) This bill amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to: (1) extend the availability of the Do Not Pay Initiative to the judicial and legislative branches and to the states; and (2) authorize the Office of Management and Budget (OMB) to issue guidance that establishes privacy requirements that shall be incorporated into Do Not Pay Initiative access agreements with states and the judicial and legislative branches. (Sec. 3) The Departments of Defense and State must submit, promptly and on a regular basis, relevant information on the deaths of individuals. The OMB, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant federal, state, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Initiative to the Department of the Treasury and each agency or component of an agency: (1) that operates or maintains a database of death records maintained by the Social Security Administration; or (2) for which the OMB determines improved data matching would be relevant, necessary, or beneficial. (Sec. 4) Treasury must report to Congress on: data analytics performed as part of the Do Not Pay Business Center operated by Treasury for the purpose of detecting, preventing, and recovering improper payments through pre-award, post-award prepayment, and post-payment analysis; the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center.

Federal Improper Payments Coordination Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birth Defects and Developmental Disabilities Prevention Act of 2003''. SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``and developmental disabilities'' and inserting ``, developmental disabilities, and disabilities and health''; and (ii) by striking ``subsection (d)(2)'' and inserting ``subsection (c)(2)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period and inserting a semicolon; and (D) by adding at the end the following: ``(D) to conduct research on and to promote the prevention of such defects and disabilities, and secondary health conditions among individuals with disabilities; and ``(E) to support a National Spina Bifida Program to prevent and reduce suffering from the Nation's most common permanently disabling birth defect.''; (2) by striking subsection (b); (3) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life;''; (B) in paragraph (3), by inserting ``, developmental disabilities, and secondary health conditions among individuals with disabilities'' after ``defects''; (C) in paragraph (4), by striking ``and'' at the end; (D) by redesignating paragraph (5) as paragraph (7); and (E) by inserting after paragraph (4) the following: ``(5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities or developmental disabilities, information on the health status of individuals with disabilities, information on any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals; ``(6) contains a summary of recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida; and''; (4) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; (5) by inserting after subsection (d) (as so redesignated), the following: ``(e) Advisory Committee.--Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities effective on the date of enactment of the Birth Defects and Developmental Disabilities Prevention Act of 2003.''; and (6) in subsection (f), by striking ``$30,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal years 2003 through 2007.''. SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL DISABILITIES. (a) In General.--Section 122(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15022(a)) is amended-- (1) in paragraph (3)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater''; and (2) in paragraph (4)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2003 and apply to allotments beginning in fiscal year 2004. SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services jointly with the Secretary of Education shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and Committee on Education and the Workforce of the House of Representatives a report concerning surveillance activities under section 102 of the Children's Health Act of 2000 (Public Law 106-310), specifically including-- (1) a description of the current grantees under the National Autism and Pervasive Developmental Disabilities Surveillance Program and the Centers of Excellence in Autism and Pervasive Developmental Disabilities, the data collected, analyzed, and reported under such grants, the sources of such data, and whether such data was obtained with parental consent as required under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); (2) a description of current sources of data for the surveillance of autism and developmental disabilities and the methods for obtaining such data, including whether such data was obtained with parental or patient consent for disclosure; (3) an analysis of research on autism and developmental disabilities with respect to the methods of collection and reporting, including whether such research was obtained with parental or patient consent for disclosure; (4) an analysis of the need to add education records in the surveillance of autism and other developmental disabilities, including the methodological and medical necessity for such records and the rights of parents and patients in the use of education records (in accordance with the Family Educational Rights and Privacy Act of 1974); (5) a description of the efforts taken by the Centers for Disease Control and Prevention to utilize education records in conducting the surveillance program while obtaining parental or patient consent for such education records, including the outcomes of such efforts; (6) a description of the challenges provided to obtaining education records (in the absence of parental or patient consent) for the purpose of obtaining additional surveillance data for autism and other developmental disabilities; and (7) a description of the manner in which such challenges can be overcome, including efforts to educate parents, increase confidence in the privacy of the surveillance program, and increase the rate of parental or patient consent, and including specific quantitative and qualitative justifications for any recommendations for changes to existing statutory authority, including the Family Educational Rights and Privacy Act of 1974. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Birth Defects and Developmental Disabilities Prevention Act of 2003 - (Sec. 2) Amends the Public Health Service Act concerning the National Center on Birth Defects and Developmental Disabilities (Center) to add "disabilities and health" to categories of data which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect. Modifies Center reporting requirements, including requiring such report to contain information on: (1) individuals living with birth defects and disabilities or developmental disabilities, and recommendations for improving the health and quality of life of such individuals; and (2) recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida. Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health be transferred to and advise the Center. Authorizes appropriations through FY 2007 for the Center. (Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise appropriation allotment provisions for State developmental disabilities councils. (Sec. 4) Directs the Secretary and the Secretary of Education to jointly report on specified surveillance activities under the Children's Health Act of 2000 respecting autism and other developmental disabilities.

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

. Section 10(m) of the National Labor Relations Act is amended by adding at the end the following new sentence: ``Whenever a complaint is issued as provided in subsection (b) upon a charge that any person has engaged in or is engaging in an unfair labor practice within the meaning of subsection (a)(3) or (b)(2) of section 8 involving an unlawful discharge, the Board shall state its findings of fact and issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice and to take such affirmative action, including reinstatement of an employee with or without backpay, as will effectuate the policies of this Act, or shall state its findings of fact and issue an order dismissing the said complaint, not later than 365 days after the filing of the unfair labor practice charge with the Board except in cases of extreme complexity. The Board shall submit a report annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate regarding any cases pending for more than 1 year, including an explanation of the factors contributing to such a delay and recommendations for prompt resolution of such cases.''. SEC. 304. REGULATIONS. The Board may issue such regulations as are necessary to carry out the purposes of this title. TITLE IV--ATTORNEYS FEES SEC. 401. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) Certain small businesses and labor organizations are at a great disadvantage in terms of expertise and resources when facing actions brought by the National Labor Relations Board. (2) The attempt to ``level the playing field'' for small businesses and labor organizations by means of the Equal Access to Justice Act has proven ineffective and has been underutilized by these small entities in their actions before the National Labor Relations Board. (3) The greater expertise and resources of the National Labor Relations Board as compared with those of small businesses and labor organizations necessitate a standard that awards fees and costs to certain small entities when they prevail against the National Labor Relations Board. (b) Purpose.--It is the purpose of this title-- (1) to ensure that certain small businesses and labor organizations will not be deterred from seeking review of, or defending against, actions brought against them by the National Labor Relations Board because of the expense involved in securing vindication of their rights; (2) to reduce the disparity in resources and expertise between certain small businesses and labor organizations and the National Labor Relations Board; and (3) to make the National Labor Relations Board more accountable for its enforcement actions against certain small businesses and labor organizations by awarding fees and costs to these entities when they prevail against the National Labor Relations Board. SEC. 402. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. The National Labor Relations Act (29 U.S.C. 151 and following) is amended by adding at the end the following new section: ``awards of attorneys' fees and costs ``Sec. 20. (a) Administrative Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 403. APPLICABILITY. (a) Agency Proceedings.--Subsection (a) of section 20 of the National Labor Relations Act, as added by section 402 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 20 of the National Labor Relations Act, as added by section 402 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act. Passed the House of Representatives March 26, 1998. Attest: Clerk.

TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. (Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.

Fairness for Small Business and Employees Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``boxer'' means a person who participates in a professional boxing match; (2) the term ``manager'' means a person or business who helps arrange professional boxing matches for a boxer, and who serves as an advisor or representative of a boxer in a professional capacity; (3) the term ``professional boxing match'' means a boxing contest held in the United States between individuals for compensation or a prize, and does not include any amateur boxing match; (4) the term ``promoter'' means a person or business that organizes, holds, advertises, or otherwise conducts a professional boxing match; and (5) the term ``State boxing commission'' means a State agency with authority to regulate professional boxing; SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. PROFESSIONAL BOXING MATCHES. A professional boxing match may be held in the United States only if-- (1) the State where the professional boxing match is to be held-- (A) has a State boxing commission ; or (B) has entered into an agreement with a State boxing commission of another State; to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out sections 5, 6, and 7. SEC. 5. REGISTRATION. (a) Requirement.--Each professional boxer shall register with-- (1) the State boxing commission of the State in which such boxer resides; (2) in the case of a boxer who is a resident of a State in which there is no State boxing commission, the State boxing commission described in section 4(1)(B); or (3) in the case of a boxer from a foreign country, any State that has a State boxing commission. (b) Identification Card.-- (1) Issuance.--A State boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains-- (A) a recent photograph of the boxer; (B) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer); and (C) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 3 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the State boxing commission not later than the time of the weigh-in for a professional boxing match. (c) Relation to State Law.--Nothing in this section shall be construed as preventing a State from applying additional registration requirements. SEC. 6. REVIEW. Each State boxing commission shall establish procedures-- (1) to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) to ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason, including-- (A) a recent knockout, injury, or unfulfilled requirement for a medical procedure; (B) administrative reasons, such as failure to pay a State fee or fine, or improper conduct; (C) falsification of, or attempts to falsify, official identification cards or documents; (D) failure of a drug test; (E) inadequate boxing skills, or the inability to safely compete; and (F) violation of Federal or State gaming laws. SEC. 7. REPORTING. (a) Boxing Match Results.--Not later than 48 business hours (excluding Saturdays and Sundays) after the conclusion of a professional boxing match, the results of such match shall be reported to the professional boxing registries certified by the Association of Boxing Commissioners (ABC) and to the Florida State Athletic Commission. (b) Suspensions.--Not later than 48 business hours (excluding Saturdays and Sundays) after a State boxing commission orders the suspension of a boxer, promoter, or manager, such suspension shall be reported to the professional boxing registries certified by the Association of Boxing Commissioners (ABC) and to the Florida State Athletic Commission. SEC. 8. ENFORCEMENT. (a) Injunctions.--Whenever the United States Attorney in a State has reasonable cause to believe that a person or entity is engaged in a violation of this Act in such State, the United States Attorney may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person or entity, as the United States Attorney determines necessary to restrain the person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers and promoters.--Any manager or promoter who knowingly and willfully violates any provision of this Act shall be imprisoned for not more than 1 year or fined more than $20,000, or both. (2) Boxers.--Any professional boxer who knowingly and willfully violates any provision of this Act shall be fined not more than $1,000.

Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the professional boxing match is to be held has a State boxing commission or has entered into an agreement with a State boxing commission of another State to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out this Act. Requires each professional boxer to register with: (1) the State boxing commission of the State in which such boxer resides; (2) the State boxing commission overseeing the boxing match if the boxer is a resident of a State in which there is no State boxing commission; and (3) any State that has a State boxing commission if the boxer is from a foreign country. Requires a State boxing commission to issue an identification card to each registered professional boxer to be renewed by the boxer at least once every three years and to be presented to the State boxing commission by the time of the weigh-in for a professional boxing match. States that nothing in this Act shall be construed as preventing a State from applying additional registration requirements. Requires each State boxing commission to: (1) establish procedures to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason. Requires the results of a professional boxing match and the suspension of a boxer, promoter, or manager ordered by a State boxing commission to be reported to the professional boxing registries certified by the Association of Boxing Commissioners and to the Florida State Athletic Commission within 48 business hours after the conclusion of such match or the suspension of such individuals. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. Imposes criminal penalties on managers, promoters, or professional boxers who knowingly and willfully violate this Act.

Professional Boxing Safety Act

SECTION 1. ____. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended-- (1) in section 4004-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) in paragraph (3) as redesignated, by striking ``subpart 2'' and inserting ``subpart 3''; and (D) by inserting after paragraph (1) the following: ``(2) $25,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out subpart 2; (2) by redesignating subparts 2 and 3 as 3 and 4, respectively; (3) by redesignating sections 4131 through 4134 as sections 4141 through 4144, respectively; (3) by redesignating section 4121 as section 4131; and (4) by inserting after subpart 1 the following: ``Subpart 2--Effective Prevention Program Implementation ``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS. ``(a) Program Authorized.--The Secretary is authorized to provide grants to States that meet the requirements of this subpart to implement prevention programs that meet a high scientific standard of program effectiveness. ``(b) Contents of State Plan.--To be eligible to receive a grant under this subpart, a State educational agency shall submit an application that includes a State plan that describes-- ``(1) the process and selection criteria by which the State educational agency will make competitive grants to eligible local educational agencies; ``(2) how the State educational agency will ensure that only high quality, well-defined, and well-documented comprehensive prevention programs are funded; ``(3) how the State educational agency will disseminate materials developed or collected by the Secretary about research-based, proven-effective comprehensive prevention models and will provide technical assistance to assist local educational agencies in evaluating, selecting, developing, and implementing comprehensive prevention programs; ``(4) how the State educational agency will evaluate the implementation of comprehensive prevention programs and measure the results achieved in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(5) how the State educational agency will ensure that local programs meet the requirements of section 4124(b); ``(6) provide assurances that funds provided under this subpart shall supplement, not supplant, other Federal, State, and local funds that would otherwise be available for the purposes described under this subpart; and ``(7) such other criteria as the Secretary may reasonably require. SEC. 4122. RESERVATIONS AND ALLOCATIONS. ``(a) Reservations.--From the funds made available in section 4004(2) to carry out this subpart for each fiscal year, the Secretary shall-- ``(1) reserve funds in accordance with paragraphs (1), (2), and (4) of section 4011(a); and ``(2) except as provided in subsection (b), allocate the remainder of funds among the States in accordance with section 4011(b)(1). ``(b) Reallocation of Funds to States.--In a case in which a State educational agency does not develop a plan that meets the requirements of section 4121(b), the Secretary shall not make an allocation to the State under subsection (a)(2) and shall allocate such funds in accordance with section 4011(b)(1) to other States that have developed such plans. Funds allocated to a State under this subsection may be used only to implement programs under this subpart. ``SEC. 4123. DISTRIBUTION OF FUNDS. ``(a) Funds to Local Educational Agencies.-- ``(1) In general.--From the amounts made available under section 4004(2), each State educational agency that receives an award under this subpart shall use such funds to provide competitive grants to local educational agencies. ``(2) Awards.--In awarding competitive grants under this subpart, a State educational agency shall-- ``(A) give the highest priority to local educational agencies with demonstrated need in accordance with the criteria described in section 4113(d)(2)(C)(ii); ``(B) make grant awards that are of sufficient size and scope to support the initial startup costs for a comprehensive prevention plan that meets the requirements of this subpart; and ``(C) take into account the equitable distribution of awards to different geographic regions within the State, including urban and rural areas, and to schools serving elementary and secondary students. ``(b) Reservation.--A State educational agency may use not more than 5 percent of the funds made available to it under this section for administrative, evaluation, and technical assistance expenses, including expenses necessary to inform local educational agencies about research-based, proven-effective comprehensive prevention approaches. SEC. 4124. LOCAL AWARDS. ``(a) In General.--To be eligible to receive a subgrant under this subpart for any fiscal year, a local educational agency shall submit, at such time as the State educational agency requires, an application to the State educational agency for approval. ``(b) Plan.--Each local educational agency shall submit a plan to the State educational agency to demonstrate how it will meet the requirements of subsection (c). ``(c) Use of Funds.--A grant awarded to a local educational agency under this subpart shall be used only for the purpose of identifying and implementing comprehensive prevention programs that-- ``(1) employ strategies or approaches that are based on reliable research and that show effectiveness in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(2) comprehensively address the mental, emotional, social, and physical health of children and adolescents; ``(3) employ developmentally appropriate activities and interventions; ``(4) assist children and adolescents in improving cognitive, affective, and behavioral skills; ``(5) use methods that ensure the active engagement of the children and adolescents who participate and that facilitate better communication between children and adults about problem situations; ``(6) provide for the meaningful involvement of parents, educators, health and mental health professionals, and the local community in planning and implementation; ``(7) provide high-quality and continuous staff professional development and training; ``(8) have measurable outcome goals and a clear evaluation plan, including annual reports to the State and the Secretary; ``(9) use high-quality external technical support and assistance from individuals or entities with experience and expertise in developing, implementing, and evaluating comprehensive prevention approaches; and ``(10) identify how other resources (Federal, State, local, and private) available to the State will be used to coordinate services to support and sustain the comprehensive prevention effort.''.

Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Sets forth program requirements for State plans, reservations and allocations of funds, State distribution of program funds through competitive grants to local educational agencies (LEAs), and LEA plans and use of funds for comprehensive prevention programs that meet certain requirements.

To amend the Safe and Drug-Free Schools and Communities Act of 1994 to provide comprehensive technical assistance and implement prevention programs that meet a high scientific standard of program effectiveness.

SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal court of appeals system, with particular reference to the Ninth Circuit; and (3) report recommendations to the President and Congress on appropriate changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 8 members appointed as follows: (1) One member appointed by the President of the United States. (2) Three members appointed by the Majority Leader of the Senate. (3) Three members appointed by the Speaker of the House of Representatives. (4) One member appointed by the Chief Justice of the United States. (b) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (c) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Quorum.--Four members of the Commission shall constitute a quorum, but 3 may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are Federal officers or employees shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Non-Federal Members.--Any member of the Commission who is not a Federal officer or employee shall receive $200 for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized under section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 1 year after the date of the enactment of this Act, or June 30, 1998, whichever occurs first, the Commission shall submit its report to the President and the Congress under section 1(b). The Commission shall terminate 90 days after the date of the submission of the report. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission the sum of $500,000 to carry out this Act.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act. Authorizes appropriations.

To establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Kidney Disease Management Act of 2002''. SEC. 2. DELAYING ONSET OF ESRD. (a) Medicare Coverage of Chronic Kidney Disease Patients.-- (1) In general.--Section 226A of the Social Security Act (42 U.S.C. 426-1) is amended-- (A) by redesignating the last subsection as subsection (e); and (B) by inserting after subsection (c) the following new subsection: ``(d)(1)(A) Notwithstanding any provision to the contrary in section 226 or title XVIII, every qualified chronic kidney disease patient (as defined in paragraph (2)) shall, in accordance with the succeeding provisions of this section, be entitled to benefits under part A and eligible to enroll under part B of title XVIII, subject to the deductible, premium, and coinsurance provisions of that title. ``(B) No qualified chronic kidney disease patient may enroll under part C of title XVIII. ``(2) For purposes of this subsection, the term ``qualified chronic kidney disease patient'' means an individual-- ``(A) who would otherwise be described in subsection (a) but for paragraph (2) of that subsection; ``(B) who has been diagnosed with chronic kidney disease; ``(C) with respect to whom, a physician certifies that-- ``(i) the individual, under generally accepted clinical standards, will likely need dialysis treatments or a kidney transplant within the two-year period beginning on the date of certification; and ``(ii) the individual may benefit from a program of pre-ESRD services (as defined in section 1861(ww)(1)); and ``(D) who certifies that the individual does not have health insurance coverage.''. (2) Conforming amendments.--Section 1811 of such Act (42 U.S.C. 1395c) is amended by inserting before the period the following: ``or who are qualified chronic kidney disease patient (as defined in section 226A(d)(2))''. (3) Effective Date.--The amendments made by this subsection shall take effect January 1, 2004. (b) Coverage of pre-ESRD Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (U); (B) by inserting ``and'' at the end of subparagraph (V); and (C) by adding at the end the following new subparagraph: ``(W) pre-ESRD services (as defined in subsection (ww)(1)) for an individual who has been diagnosed with chronic kidney disease and, with respect to whom, a physician certifies that-- ``(i) the individual, under generally accepted clinical standards, will likely need dialysis treatments within the two-year period beginning on the date of certification; and ``(ii) the individual may benefit from a program of pre-ESRD services;''. (2) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Pre-ESRD Services ``(ww)(1) The term `pre-ESRD Services' means any or all of the following services: ``(A) Individual and group nutritional counseling services for the purpose of chronic kidney disease management that are furnished by a registered dietitian or nutrition professional (as defined in subsection (vv)(2)) pursuant to a referral by a physician (as defined in subsection (r)(1)). ``(B) Counseling furnished by qualified health care providers that-- ``(i) provides comprehensive information regarding the management of comorbidities, and the prevention of uremic complications; ``(ii) ensures active participation of the individual in the choice of therapy or therapies; and ``(iii) provides comprehensive information regarding modalities of treatment for kidney disease and end-stage renal disease, including organ transplantation, hemodialysis, peritoneal dialysis, and home dialysis. ``(C) Counseling, items and services, including tissue typing, furnished by qualified health care providers for preparation of possible organ transplantation. ``(D) Items and services furnished by qualified health care providers for the preparation of vascular access required for dialysis treatment. ``(E) Such other services as the Secretary determines appropriate, in consultation with national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(2) The Secretary shall establish such criteria as the Secretary determines appropriate for qualifications required for individuals to furnish pre-ESRD services under paragraph (1).''. (3) Payment amount.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(U)''; and (ii) by inserting before the semicolon at the end the following: ``, and (V) with respect to pre-ESRD services, the amount paid shall be 80 percent of the amount determined under the fee schedule established under section 1834(e)''. (B) Establishment of fee schedule.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Fee Schedule for pre-ESRD Services.-- ``(1) In general.--The Secretary shall establish a fee schedule for payment for pre-ESRD services in accordance with the requirements of this subsection. ``(2) Considerations.--In establishing such fee schedule, the Secretary shall-- ``(A) establish mechanisms to promote the efficient delivery of care; ``(B) establish definitions for pre-ESRD services which link payments to the type of services provided; ``(C) consider appropriate regional and operational differences; and ``(D) consider adjustments to payment rates to account for inflation and other relevant factors. ``(3) Consultation.--In establishing the fee schedule for pre-ESRD services under this subsection, the Secretary shall consult with various national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(4) Coding system.--The Secretary may require the claim for any services for which the amount of payment is determined under this subsection to include a code (or codes) under a uniform coding system specified by the Secretary that identifies the services furnished.''. (3) Permitting dialysis facilities to bill for pre-ESRD services furnished in the facility.--Section 1881(b) is amended by adding at the end the following new paragraph: ``(12) A renal dialysis facility may provide for the furnishing of some or all pre-ESRD services (as defined in section 1861(ww)(2). The facility may submit to the Secretary a claim for payment for such services furnished in the facility, and the Secretary shall not require the facility, or the employee of the facility who is qualified to furnish such services, to apply for a separate provider number for purposes of payment under this title.''.

Medicare Chronic Kidney Disease Management Act of 2002 - Entitles qualified chronic kidney disease patients to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits enrollment of chronic kidney disease patients in part C (Medicare+Choice) of the Social Security Act.

To amend the Social Security Act to provide for coverage under the Medicare Program of chronic kidney disease patients who are not end-stage renal disease patients.

SECTION 1. ESTABLISHMENT OF RESERVATION. Section 1 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is amended as follows: (1) In subsection (a), by adding at the end the following: ``The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on- reservation trust acquisition. All real property taken into trust within these boundaries, before or after the date of the enactment of this Act shall be part of the Tribe's reservation.''. (2) In subsection (b)-- (A) by modifying the opening paragraph of subsection (c) by striking ``10,311.60'' and inserting ``10,599.66''; (B) by striking the following: ---------------------------------------------------------------------------------------------------------------- ``6 7 8 Tax lot 800 5.55'' ---------------------------------------------------------------------------------------------------------------- (C) by inserting in place of the matter struck under subparagraph (B) the following: ---------------------------------------------------------------------------------------------------------------- ``6 7 7, 8, 17 Former tax lot 800, 5.55''; located within the SE \1/4\, SE \1/4\ of Section 7; the SW \1/4\ of Section 8; and the NW \1/ 4\, NW \1/4\ of Section 17 ---------------------------------------------------------------------------------------------------------------- (D) by striking ``240'' and inserting ``241.06''; and (E) by striking all text in subsection (c) after ---------------------------------------------------------------------------------------------------------------- ``6 7 18 E \1/2\ NE \1/4\ 43.42'' ---------------------------------------------------------------------------------------------------------------- (F) and inserting the following: ------------------------------------------------------------------------ ``6 8 1 W \1/2\, SE 20.6 \1/4\, SE \1/ 4\ and S \1/ 2\, NE \1/4\, SE \1/4\ 6 8 1 N \1/2\, SW \1/ 19.99 4\, SE \1/4\ 6 8 1 SE \1/4\, NE 9.99 \1/4\ 6 8 1 NE \1/4\, SW 10.46 \1/4\ and NW \1/4\, SW \1/ 4\ 6 8 1 NE \1/4\, SW 12.99 \1/4\ and NW \1/4\, SW \1/ 4\ 6 7 6 SW \1/4\, NW 37.99 \1/4\ 6 7 5 NE \1/4\, NW 24.87 \1/4\ 6 7 5, 8 SW \1/4\, SE 109.9 \1/4\ of Section 5 and NE \1/4\, NE \1/4\ NW \1/ 4\, NE \1/4\ NE \1/4\, NW \1/4\ of Section 8 6 8 1 NW \1/4\, SE 31.32 \1/4\ 6 8 1 NE \1/4\, SW 8.89 \1/4\ ----------- ........... Total 10,599.66' '. ------------------------------------------------------------------------

Authorizes the Secretary of the Interior to accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. States that: (1) the Secretary shall treat all applications to take land into trust within the boundaries of the original 1857 reservation as an on-reservation trust acquisition; and (2) all real property taken into trust within these boundaries before or after the date of the enactment of this Act shall be part of the Tribe's reservation.

To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation through Energy Efficient Manufacturing Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage widespread deployment of energy efficiency and onsite renewable energy technologies in manufacturing and industrial facilities throughout the United States through the establishment of a Financing Energy Efficient Manufacturing Program that would-- (1) encourage the widespread availability of financial products and programs with attractive rates and terms that significantly reduce or eliminate upfront expenses to allow manufacturing and industrial businesses to invest in energy efficiency measures, onsite clean and renewable energy systems, smart grid systems, and alternative vehicle fleets by providing credit support, credit enhancement, secondary markets, and other support to originators of the financial products and sponsors of the financing programs; and (2) help building owners to invest in measures and systems that reduce energy costs, in many cases creating a net cost savings that can be realized in the short-term, and may also allow manufacturing and industrial business owners to defer capital expenditures, save money to hire new workers, and increase the value, comfort, and sustainability of the property of the owners. SEC. 3. DEFINITIONS. In this Act: (1) Covered program.--The term ``covered program'' means a program to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM. (a) Establishment.--The Secretary shall establish a program, to be known as the ``Financing Energy Efficient Manufacturing Program'', under which the Secretary shall provide grants to States to establish or expand covered programs. (b) Applications.-- (1) In general.--A State may apply to the Secretary for a grant under subsection (a) to establish or expand covered programs. (2) Evaluation.--The Secretary shall evaluate applications submitted by States under paragraph (1) on the basis of-- (A) the likelihood that the covered program would-- (i) be established or expanded; and (ii) increase the total investment and energy savings of retrofit projects to be supported; (B) in the case of industrial business efficiency financing initiatives conducted under subsection (c), evidence of multistate cooperation and coordination with lenders, financiers, and owners; and (C) other factors that would advance the purposes of this Act, as determined by the Secretary. (c) Multistate Facilitation.--The Secretary shall consult with States and relevant stakeholders with applicable expertise to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple States. (d) Administration.--A State receiving a grant under subsection (a) shall give a higher priority to covered programs that-- (1) leverage private and non-Federal sources of funding; and (2) aim explicitly to expand the use of energy efficiency project financing using private sources of funding. (e) Davis-Bacon Compliance.-- (1) In general.--All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (2) Authority.--With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Reports.-- (1) In general.--Not later than 2 years after the date of receipt of a grant under this Act, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that describes the performance of covered programs carried out using the grant funds. (2) Data.-- (A) In general.--A State receiving a grant under this Act, in cooperation with the Secretary, shall-- (i) collect and share data resulting from covered programs carried out under this Act; and (ii) include in the report submitted under paragraph (1) any data collected under clause (i). (B) Department databases.--The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) State Energy Offices.--Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq).

Job Creation through Energy Efficient Manufacturing Act This bill requires the Department of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid systems, and alternative vehicle fleet projects for industrial businesses. DOE must establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Grant recipients must give a higher priority to those programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Grant recipients must also collect, share, and report on data resulting from programs carried out under this bill. DOE must incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data.

Job Creation through Energy Efficient Manufacturing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution for the Exonerated Act of 2009''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Exoneree Services Grants Authorized.--The Attorney General may award grants to eligible organizations to carry out programs that provide support services to exonerees. (b) Grant Period; Renewability.--A grant awarded under this section shall be for a period of one year, and may be renewed for subsequent one-year periods as the Attorney General determines to be appropriate. (c) Supplemental Funds.--The Attorney General may provide to an eligible organization awarded funds under a grant under subsection (a) for a period described in subsection (b), additional funds under such grant during such period if the Attorney General determines that the organization has need for such additional funds, such as in the case that the number of exonerees entering the population served by such organization is greater than such number expected by the organization. SEC. 3. GRANT USES. (a) Activities.--A grant awarded under this Act to an eligible organization shall be used only-- (1) to carry out a program that provides and coordinates the delivery of support services for exonerees, including-- (A) employment training; (B) vocational training; (C) education; (D) health care services; (E) mental health services; (F) housing assistance; (G) substance abuse training; (H) legal assistance; (I) children and family support; and (J) other appropriate services, as determined by the Attorney General; and (2) for administrative expenses necessary to carry out the program described in paragraph (1), including staff salaries and training. (b) Limitations.--A grant awarded under this Act may not be used to provide support services-- (1) to an exoneree who has not demonstrated financial need for such services; or (2) for a period of more than 24 months for any exoneree. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, an eligible organization shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. Such application shall-- (1) describe the program to be funded by the grant, and the need for such program; (2) describe a long-term strategy and detailed implementation for such program; (3) identify the governmental and community agencies with which the program will collaborate, and that the program will utilize to enhance exoneree services; and (4) describe the methodology and outcome measures that will be used to evaluate the effectiveness of such program. (b) Application Deadlines.--The Attorney General shall solicit and review applications for grants under this Act at least once during each 6-month period. (c) Priority Based on Need.--In awarding grants under this Act, the Attorney General shall give priority to eligible organizations that serve geographic regions that have the greatest need for exoneree support services, as determined by the Attorney General. SEC. 5. REPORTS. For each year in which an eligible organization receives a grant under this Act, the eligible organization shall submit a report to the Attorney General that describes the program carried out by the organization with such grant, and evaluates the effectiveness of such program during such year. SEC. 6. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' means any nonprofit organization that-- (A) has experience and expertise in coordinating and delivering support services specific to the needs of exonerees; or (B) demonstrates the capacity to effectively coordinate and deliver such support services, as determined by the Attorney General. (2) Exoneree.--The term ``exoneree'' means an individual who-- (A) has been convicted by a Federal or State court of an offense that is punishable by a term of imprisonment that is equal to or greater than one year; (B) has served a term of imprisonment of at least 6 months in a Federal or State prison or other correctional facility as a result of such conviction; and (C) has been determined to be factually innocent of such offense. (3) Factually innocent.--The term ``factually innocent'' means, with respect to an individual who has been convicted of an offense described in paragraph (2)(A), one or more of the following has occurred: (A) A court has issued a factual finding of innocence. (B) The Governor of the State in which the individual was convicted or the President, as applicable, has issued a pardon based on the facts of the offense for which the individual was convicted. (C) A court has vacated or reversed the conviction based on legal insufficiency of the evidence or other factual finding of actual innocence, and the Federal, State, or local government has dismissed the accusatory instrument. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for each of the fiscal years 2010 through 2014. Amounts authorized under this section shall remain available until expended.

Restitution for the Exonerated Act of 2009 - Authorizes the Attorney General to award grants and supplemental funds to nonprofit organizations to be used only to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Prohibits services for exonerees who have not demonstrated financial need or for a period of more than 24 months. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime.

To authorize grants for programs that provide support services to exonerees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Vision Improvement and Learning Readiness Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) Eighty percent of what children learn is acquired through the visual processing of information. (2) Visual impairment is one of the 10 most common causes of disability in America. In children, visual impairment is associated with developmental delays and the need for special education, vocational, and social services. At least 20 percent of children with learning disabilities have been found to have prominent visual information processing problems. (3) It is estimated that more than 10,000,000 children (from birth to age 10) suffer from vision problems, with one in 20 preschoolers and one in four school aged children affected. (4) It is estimated that only 14 percent of children under the age of 6 receive a comprehensive eye examination. Only one- third of all children have had an eye examination or vision screening prior to entering school. SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'' may make grants to States for the purpose of-- (1) providing comprehensive eye examinations for children identified or considered at high risk of vision impairment, with priority given to school-based programs for children who are under the age of 9; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, health care practitioners, and the public, educational materials on recognizing signs of visual impairment in children, and the State's vision improvement initiatives. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program; and (B) for the collection of data related to vision assessment and the utilization of followup services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children's health insurance program), and with other Federal or State program that provide services to children. (c) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision screening programs; (2) a plan for the use of grant funds, including how funds will be used to compliment existing State efforts; (3) a plan to determine if a grant eligible child has received an age appropriate vision screening; and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--A grant may be made under subsection (a) only if the State involved agrees that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Definition.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2007.

Children's Vision Improvement and Learning Readiness Act of 2003 - Allows the Secretary of Health and Human Services to make grants to States for the purposes of: (1) providing comprehensive eye examinations for children identified as being at high risk of vision impairment, with priority to go to children under nine years old; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating educational materials with regard to the need and benefits of comprehensive eye examinations for children.Directs the Secretary to develop criteria for the collection of data related to vision assessment and the utilization of followup services.Directs the Secretary to coordinate the grant program, as appropriate, with other Federal and State programs that provide services to children. Requires a State to submit an application to the Secretary in order to receive a grant, which shall include a plan for the use of the grant.Requires a State to submit to the Secretary an annual evaluation of the operations and activities carried out under a grant.

To establish a grant program to provide comprehensive eye examinations to children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act''. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (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 25D the following new section: ``SEC. 25E. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED SOCIAL SECURITY RETIREMENT AGE. ``(a) In General.--In the case of an individual who has attained social security retirement age, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 80 percent of the amount paid by the taxpayer during the taxable year (and not compensated for by insurance or otherwise) for any prescribed drug (as defined in section 213(d)(3)) for use by such individual. ``(b) Social Security Retirement Age.--For purposes of this section, the term `social security retirement age' means retirement age (as defined in section 216(l)(1) of the Social Security Act). ``(c) Denial of Double Benefit.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with medical and health savings accounts.--No credit shall be allowed under this section for amounts paid from any Archer MSA (as defined in section 220(d)) or any health savings account (as defined in section 223(d)). ``(d) Election Not To Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Prescription drugs purchased by individuals who have attained social security retirement age.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) by striking section 804; and (2) in section 801(d)-- (A) by striking paragraph (2); and (B) by striking ``(d)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d)(1)(A) A person who meets applicable legal requirements to be an importer of drugs described in subparagraph (B) may import such a drug (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. ``(B) For purposes of subparagraph (A), the drugs described in this subparagraph are drugs that are subject to section 503(b)(1) or that are composed wholly or partly of insulin. ``(C) The Secretary shall approve an application under subparagraph (A) if the application demonstrates that the drug to be imported meets all requirements under this Act for the admission of the drug into the United States, including demonstrating that-- ``(i) an application for the drug has been approved under section 505, or as applicable, under section 351 of the Public Health Service Act; and ``(ii) the drug is not adulterated or misbranded. ``(D) Not later than 60 days after the date on which an application under subparagraph (A) is submitted to the Secretary, the Secretary shall-- ``(i) approve the application; or ``(ii) refuse to approve the application and provide to the person who submitted the application the reason for such refusal. ``(E) This paragraph may not be construed as affecting any right secured by patent.''. (b) Conforming Amendments.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subclause (III) of paragraph (2)(A)(i) (as redesignated by this subsection), by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (3) in paragraph (3) (as redesignated by this subsection), by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (2)''. SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS. Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by adding at the end the following paragraph: ``(6)(A) With respect to the interstate sale of a prescription drug through an Internet site, the Secretary may not with respect to such sale take any action under this Act against any of the persons involved if-- ``(i) the sale was made in compliance with this Act and with State laws that are applicable to the sale of the drug; and ``(ii) accurate information regarding compliance with this Act and such State laws is posted on the Internet site. ``(B) For purposes of subparagraph (A), the sale of a prescription drug by a person shall be considered to be an interstate sale of the drug through an Internet site if-- ``(i) the purchaser of the drug submits the purchase order for the drug, or conducts any other part of the sales transaction for the drug, through an Internet site; and ``(ii) pursuant to such sale, the person introduces the drug into interstate commerce or delivers the drug for introduction into such commerce. ``(C) Subparagraph (A) may not be construed as authorizing the Secretary to enforce any violation of State law. ``(D) For purposes of this paragraph, the term `prescription drug' means a drug that is subject to paragraph (1).''. SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES; EFFECTIVE DATE. (a) Regulations.--Before the expiration of the period specified in subsection (b), the Secretary of Health and Human Services shall promulgate regulations to carry out the amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202. (b) Effective Date.--The amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202 take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act, without regard to whether the regulations required in subsection (a) have been promulgated.

Prescription Drug Affordability Act - Amends the Internal Revenue Code to allow a nonrefundable tax credit for 80 percent of the amount paid for a prescribed drug during the taxable year (and not compensated for by insurance or otherwise) by a taxpayer who has attained social security retirement age. Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to repeal provisions restricting the importation of prescription drugs. Allows a person who meets applicable legal requirements to be an importer of prescription drugs upon application to the Secretary of Health and Human Services. Requires the Secretary to approve such an application if the drug meets all FFDCA requirements for admission into the United States, including that the drug has been approved by the Food and Drug Administration (FDA) and is not adulterated or misbranded. Prohibits the Secretary from taking any action against any of the persons involved with the interstate sale of a prescription drug through an Internet site if: (1) the sale was made in compliance with applicable Federal and State laws; and (2) accurate information regarding compliance with such laws is posted on the Internet site.

To amend the Internal Revenue Code of 1986 with respect to the purchase of prescription drugs by individuals who have attained retirement age, and to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs and the sale of such drugs through Internet sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dividend Taxation Elimination Act of 2003''. SEC. 2. EXEMPTION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends which are otherwise includible in gross income and which are received during the taxable year by an individual. ``(b) Limitation Before 2007.--In the case of a taxable year beginning before January 1, 2007, the aggregate amount excluded under subsection (a) for any taxable year shall not exceed-- ``(1) $25,000 in the case of taxable years beginning during 2003, ``(2) $50,000 in the case of taxable years beginning during 2004, ``(3) $75,000 in the case of taxable years beginning during 2005, and ``(4) $100,000 in the case of taxable years beginning during 2006. In the case of a joint return, the preceding sentence shall be applied by doubling each amount contained therein. ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k). ``(4) Certain dividends excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations).''. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (2) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of dividends received during the taxable year which are excluded from gross income under section 116.''. (3) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (4) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (5) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.''. (6) Section 854(a) of such Code is amended by inserting ``section 116 (relating to exclusion of dividends received by individuals) and'' after ``For purposes of''. (7) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (8) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Dividend Taxation Elimination Act of 2003 - Amends the Internal Revenue Code to exclude dividends from gross income, with specified exceptions. Sets forth exclusion limitations prior to 2007.

To amend the Internal Revenue Code of 1986 to allow individuals to exclude dividend income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonappropriated Fund Equity Act''. SEC. 2. CREDITABILITY OF SERVICE. (a) In General.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Subject to paragraph (2), upon application to the Office of Personnel Management, any individual who is an employee or Member on the date of the enactment of this subsection, and who has on such date 5 or more years of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit for service performed, after December 31, 1965, and before January 1, 1987, as an employee described in section 2105(c). ``(2)(A) An employee or Member may, with respect to any period of service for which such employee or Member is allowed credit under this subsection, deposit to the credit of the Fund an amount equal to the deductions from basic pay which would have been required under section 8334(a) if such service were service as an employee. ``(B) An employee or Member who makes the deposit described in subparagraph (A) shall be allowed full retirement credit for the period of service involved. ``(C) If an employee or Member does not make the deposit or makes less than the full amount of the deposit described in subparagraph (A), retirement credit shall be allowed, but the resulting annuity shall be reduced in a manner similar to the method provided under section 8339(j)(3) to make up the amount of any deposit described in the second sentence thereof. In no event shall the application of this subparagraph cause an annuity to be less than it would have been if this subsection had not been enacted. ``(D) For the purpose of survivor annuities, any deposit authorized by subparagraph (A) may also be made by a survivor of an employee or Member. ``(3) The Office shall accept the certification of the appropriate Secretary or his designee concerning the service of, and the amount of compensation received by, an employee or Member with respect to which credit is sought under this subsection. For purposes of the preceding sentence, the `appropriate Secretary' is-- ``(A) the Secretary of Defense, to the extent that service in or under the Department of Defense is involved; and ``(B) the Secretary of Transportation, to the extent that service in or under the Coast Guard is involved. ``(4) An individual receiving credit for service for any period under this subsection shall not be granted credit for such service under any retirement system for employees of a nonappropriated fund instrumentality. ``(5) An application for retirement credit under this subsection may be submitted no later than 2 years after the effective date of the regulations prescribed by the Office to carry out this subsection.''. (b) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this Act and the amendment made by subsection (a). Such regulations-- (1) shall take effect not later than 12 months after the date of the enactment of this Act; and (2) shall include provisions to provide for the application of such amendment in the case of-- (A) any employee or Member (as defined by the following sentence) who, upon separation (at the time described in paragraph (1) or (2) of subsection (c)), would otherwise be entitled to an annuity under chapter 84 of title 5, United States Code, that is partially computed under subchapter III of chapter 83 of such title; and (B) any survivor of an employee or Member described in subparagraph (A). For purposes of this subsection, the terms ``employee'', ``Member'', and ``survivor'' have the meanings set forth in section 8401 of such title 5. (c) Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only in the case of any annuity entitlement which is based on a separation from service occurring on or after the effective date of the regulations prescribed under subsection (b). (2) Limited exception for annuities based on separations occurring after date of enactment and before effective date of implementing regulations.-- (A) Recomputation requirement.--In the case of any individual-- (i) who is entitled to an annuity entitlement to which is based on a separation from service occurring after the date of the enactment of this Act and before the effective date of the regulations prescribed under subsection (b), and (ii) whose annuity would be increased by the application of section 8332(p) of title 5, United States Code (as amended by subsection (a)), the Office of Personnel Management shall, upon receipt of an appropriate application submitted before the deadline specified in section 8332(p)(5) of such title 5 (as so amended), recompute the amount of such annuity so as to take such section 8332(p) into account. In carrying out the preceding sentence, any deposit timely made shall be treated as if it had been made before the commencement date of the annuity involved. (B) No payment for any earlier periods.--Any change in an annuity resulting from a recomputation under subparagraph (A) shall be payable only with respect to amounts accruing for months beginning after the date on which the application (referred to in subparagraph (A)) is received. SEC. 3. NOTIFICATION AND ASSISTANCE. (a) Notification.--The Office of Personnel Management shall take such measures as it considers appropriate to inform individuals entitled to have any service credited under section 8332(p) of title 5, United States Code (as amended by section 2(a)), or to have any amounts recomputed under section 2(c)(2), of their entitlement to such credit or recomputation. (b) Assistance From the Office of Personnel Management.--The Office of Personnel Management shall, on request, assist any individual referred to in subsection (a) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under section 8332(p) of title 5, United States Code (as amended by section 2(a)) or to have any amounts recomputed under section 2(c)(2). (c) Assistance From Other Agencies.--Any department, agency, or other instrumentality of the United States which possesses any information with respect to any service of an individual described in section 8332(p) of title 5, United States Code (as amended by section 2(a)) shall-- (1) at the request of such individual (or an appropriate survivor), furnish such information to that individual (or survivor); and (2) at the request of the Office of Personnel Management, furnish such information to the Office.

Nonappropriated Fund Equity Act - Allows a federal employee or Member of Congress who has five or more years of creditable civilian service for purposes of civil service retirement on the date of enactment of this Act to receive credit for service performed as an employee of a nonappropriated fund instrumentality after December 31, 1965, and before January 1, 1987.

To amend subchapter III of chapter 83 of title 5, United States Code, to make service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 creditable for retirement purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Giving Partnership Act''. SEC. 2. ELIGIBLE ACTIVITIES. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) to the extent only that amounts for a State are available under section 106(d)(8) for use under this paragraph, payment to the State to supplant general revenue losses incurred by the State under a State law that provides, in the case of an individual, for a credit against State income tax imposed for contributions made in cash by individuals to any organization-- ``(A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) that is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ``(C) that is organized under the laws of the United States or of any State in which the organization is qualified to operate; ``(D) that is required, or elects to be treated as being required, to file returns under section 6033 of the Internal Revenue Code of 1986; ``(E) whose predominant activity is-- ``(i) the provision of direct services to individuals whose annual incomes generally do not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget); or ``(ii) the provision of-- ``(I) temporary donations of food or meals, or ``(II) temporary shelter to homeless individuals, if the location and operation of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in clause (i); ``(F) for which all annual expenditures of the organization are used to provide the direct services referred to in subparagraph (E), except that 10 percent or less of the annual aggregate expenditures of the organization may be administrative expenditures in support of direct services referred to in subparagraph (E) or expenditures for purposes of fundraising on behalf of the organization providing direct services referred to in subparagraph (E); and ``(G) that does not engage in activity for the purpose of influencing legislation, litigation on behalf of any individual referred to in subparagraph (E), voter registration, political organizing, public policy advocacy, or public policy research; and''. SEC. 3. USE OF STATE AMOUNTS FOR NONENTITLEMENT AREAS. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``Amounts allocated under paragraph (1)'' and inserting the following: ``Any amounts allocated under paragraph (1) for a State that remain after amounts are made available for use under paragraph (8)''; and (ii) in clause (i), by striking ``a State that'' and inserting ``the State, if the State''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) If a State has not elected to distribute the amounts allocated under paragraph (1) for the State that remain after amounts are made available for use under paragraph (8), the Secretary shall distribute such amounts.''; and (C) in subparagraphs (C) and (D), by striking ``under paragraph (1)'' each place it appears and inserting the following: ``for the State under paragraph (1) that remain after amounts are made available for use under paragraph (8)''; (2) in paragraph (5) (as added by section 811 of the Housing and Community Development Act of 1992 (Public Law 102- 550; 106 Stat. 3850)), by striking ``distribution in nonentitlement areas'' and inserting ``use under this subsection''; (3) by redesignating the second paragraph designated as paragraph (5) (as added by section 106(i) of the Housing and Urban-Rural Recovery Act of 1983 (97 Stat. 1166)) and paragraph (6) as paragraphs (6) and (7), respectively; and (4) by adding at the end the following new paragraph: ``(8) Of any amounts allocated under paragraph (1) for a State for any fiscal year, the State may use not more than 25 percent of such amounts for the activity under section 105(a)(24), and the remainder of the amounts shall be distributed in accordance with this subsection. In the case of a State described in paragraph (2)(B), the Secretary shall make such amounts available to the State upon a determination that the use of such amounts complies with the requirements under section 105(a)(24) and this title.''. SEC. 4. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES. Section 104(a)(1) is amended by adding at the end the following new sentence: ``In the case of any State receiving amounts pursuant to section 106(d)(8), the statement of projected uses of funds shall include a statement of the proposed eligible activity under section 105(a)(24) for which the amounts will be used and the percentage of the allocation for the State under section 106(d)(1) to be used for such activity.''.

Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize the use of specified community development block grant amounts provided for non-metropolitan or non-urban areas to supplant State revenues lost under a State income tax credit for contributions to certain organizations providing assistance to low-income or homeless persons.

Charitable Giving Partnership Act

SECTION 1. REVISION OF TAX TREATMENT OF DERIVATIVE TRANSACTIONS ENTERED INTO BY A CORPORATION WITH RESPECT TO ITS STOCK. (a) In General.--Section 1032 of the Internal Revenue Code of 1986 (relating to exchange of stock for property) is amended to read as follows: ``SEC. 1032. TRANSACTIONS BY A CORPORATION WITH RESPECT TO ITS STOCK. ``(a) Nonrecognition of Gain or Loss.--No gain or loss shall be recognized to a corporation on the receipt of property (including money) or services in exchange for stock of such corporation. ``(b) Treatment of Derivative Transactions.-- ``(1) Nonrecognition treatment.-- ``(A) In general.--Except as provided in paragraph (2), section 1032 derivative items of a corporation shall not be taken into account in determining such corporation's liability for tax under this subtitle. ``(B) Section 1032 derivative items.--For purposes of subparagraph (A), the term `section 1032 derivative item' means any item of income, gain, loss, or deduction if-- ``(i) such item arises out of the rights or obligations under any option or forward or futures contract to the extent such option or contract relates to the corporation's stock (or is attributable to any transfer or extinguishment of any such right or obligation), or ``(ii) such item arises under any other contract or position but only to the extent that such item reflects (or is determined by reference to) changes in the value of such stock or distributions thereon. Such term shall not include any deduction allowable under section 83 or under section 163 and shall not include any deduction for any item which is in the nature of compensation for services rendered. For purposes of this subparagraph, de minimis relationships shall be disregarded. ``(2) Income recognition on certain forward contracts.-- ``(A) In general.--If-- ``(i) a corporation acquires its stock, and ``(ii) such acquisition is part of a plan (or series of related transactions) pursuant to which the corporation enters into a forward contract with respect to its stock, such corporation shall include amounts in income as if the excess of the amount to be received under the forward contract over the fair market value of the stock as of the date the corporation entered into the forward contract were original issue discount on a debt instrument acquired on such date. The preceding sentence shall apply only to the extent that the amount of stock involved in the forward contract does not exceed the amount acquired as described in clause (i). ``(B) Plan presumed to exist.--If a corporation enters into a forward contract with respect to its stock within the 60-day period beginning on the date which is 30 days before the date that the corporation acquires its stock, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that entering into such contract and such acquisition are not pursuant to a plan or series of related transactions. ``(C) Forward contract.--The term `forward contract' has the meaning given to such term by section 1259(d)(1); except that such term shall include any transactions or series of related transactions having the same effect as a forward contract (as so defined). ``(c) Treasury Stock Treated as Stock.--Any reference in this section to stock shall be treated as including a reference to treasury stock. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations which treat the portion of an instrument which is described in subsection (b) separately from the portion of such instrument which is not so described. ``(e) Basis.--For basis of property acquired by a corporation in certain exchanges for its stock, see section 362.''. (b) Clerical Amendment.--The item relating to section 1032 in the table of sections for part III of subchapter O of chapter 1 of such Code is amended to read as follows: ``Sec. 1032. Transactions by a corporation with respect to its stock.''. (c) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act.

Amends the Internal Revenue Code to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock.Provides for nonrecognition of derivative gain, loss, or deduction items (as defined by this Act). Excepts certain forward contracts from such treatment.

To amend the Internal Revenue Code of 1986 to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Investment Act of 2005''. SEC. 2. CREDIT FOR CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the amount paid or incurred by the taxpayer for qualified energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Qualified Energy Property.--For purposes of this section, the term `qualified energy property' means any property-- ``(1) which is-- ``(A) an energy efficient building envelope component which is Energy Star qualified, and ``(B) any energy efficient heating or cooling equipment (including boilers) which is Energy Star qualified, ``(2) which, in the case of an individual, is installed in or on an existing residence-- ``(A) located in the United States, and ``(B) owned and used by the taxpayer as the taxpayer's principal residence at the time the property is placed in service or installed, ``(3) the original use of which commences with the taxpayer, and ``(4) which has a useful life of at least 5 years. ``(c) Other Definitions.--For purposes of this section-- ``(1) Building envelope component.--The term `building envelope component' shall have the same meaning as set forth in section 434.201 of title 10 of the Code of Federal Regulations. ``(2) Principal residence.--The term `principal residence' shall have the same meaning as when used in section 121. ``(3) Energy star qualified.--The term `Energy Star qualified' means property which-- ``(A) meets the guidelines, specifications, and performance levels of the Energy Star program jointly managed by the Environmental Protection Agency and the Department of Energy, including guidelines, specifications, and performance levels for the climate region in which a residence is located, and ``(B) displays the Energy Star label at the time the property is placed in service or installed. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section: ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as residences. ``(3) Expenditures for labor included.--For purposes of this section, the amount paid or incurred by the taxpayer for qualified energy property shall also include expenditures for labor costs properly allocable to the onsite preparation, assembly, and installation of such property. ``(4) Allocation to nonbusiness use in certain cases.--In the case of an individual, if less than 80 percent of the use of qualified energy property placed in service or installed is for nonbusiness purposes, only that portion of the expenditure paid or incurred for such property which is properly allocable to use for nonbusiness purposes shall be eligible for the credit provided by this section. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a residence or other property, the basis of such residence or other property shall be reduced by the amount of the credit so allowed. ``(g) Applicability.--Subsection (a) shall apply to qualified energy property placed in service or installed after December 31, 2004.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) 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 adding at the end the following new paragraph: ``(32) in the case of a residence or other property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Certain energy efficient property in residences and businesses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2004.

Energy Efficiency Investment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for up to 25 percent of the cost of certain energy efficient property installed in business and residential properties.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy efficient property placed in service or installed in an existing principal residence or property used by businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Protection Act of 1993''. SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVISIONS PROHIBITING MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL SECURITY PROGRAMS AND AGENCIES. (a) Addition to Prohibited Words, Letters, Symbols, and Emblems.-- Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended-- (1) in paragraph (1), by striking ``Administration', the letters `SSA' or `HCFA','' and inserting ``Administration', `Department of Health and Human Services', `Health and Human Services', `Supplemental Security Income Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', `HHS', or `SSI',''; and (2) in paragraph (2), by striking ``Social Security Administration'' each place it appears and inserting ``Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services'', and by striking ``or of the Health Care Financing Administration''. (b) Exemption for Use of Words, Letters, Symbols, and Emblems of State and Local Government Agencies by Such Agencies.--Section 1140(a) of such Act is further amended by adding at the end the following new sentence: ``The preceding provisions of this subsection shall not apply with respect to the use by any agency or instrumentality of a State or political subdivision of a State of any words or letters which identify an agency or instrumentality of such State or of a political subdivision of such State or the use by any such agency or instrumentality of any symbol or emblem of an agency or instrumentality of such State or a political subdivision of such State.''. (c) Inclusion of Reasonableness Standard.--Section 1140(a) of such Act (as amended by the preceding provisions of this section) is further amended, in the matter following paragraph (2), by striking ``convey'' and inserting ``convey, or in a manner which reasonably could be interpreted or construed as conveying,''. (d) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140 of such Act (as amended by the preceding provisions of this section) is further amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following new paragraph: ``(2) Any determination of whether the use of one or more words, letters, symbols, or emblems (or any combination or variation thereof) in connection with an item described in paragraph (1) or the reproduction, reprinting, or distribution of an item described in paragraph (2) is a violation of this subsection shall be made without regard to any inclusion in such item (or any so reproduced, reprinted, or distributed copy thereof) of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof.''. (e) Violations with Respect to Individual Items.--Section 1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding at the end the following new sentence: ``In the case of any items referred to in subsection (a)(1) consisting of pieces of mail, each such piece of mail which contains one or more words, letters, symbols, or emblems in violation of subsection (a) shall represent a separate violation.''. (f) Elimination of Cap on Aggregate Liability Amount.-- (1) Repeal.--Paragraph (2) of section 1140(b) of such Act (42 U.S.C. 1320b-10(b)(2)) is repealed. (2) Conforming amendments.--Section 1140(b) of such Act (42 U.S.C. 1320b-10(b)) is further amended-- (A) by striking ``(1) Subject to paragraph (2), the'' and inserting ``The''; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (C) in paragraph (1) (as redesignated), by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. (g) Removal of Formal Declination Requirement.--Section 1140(c)(1) of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and the first sentence of subsection (c)'' after ``and (i)''. (h) Penalties Relating to Social Security Administration Deposited in OASI Trust Fund.--Section 1140(c)(2) of such Act (42 U.S.C. 1320b- 10(c)(2)) is amended in the second sentence by striking ``United States.'' and inserting ``United States, except that, to the extent that such amounts are recovered under this section as penalties imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration, such amounts shall be deposited into the Federal Old-Age and Survivor's Insurance Trust Fund.''. (i) Annual Reports.--Section 1140 of such Act (42 U.S.C. 1320b-10) is amended by adding at the end the following new subsection: ``(d) The Secretary shall include in the annual report submitted pursuant to section 704 a report on the operation of this section during the year covered by such annual report. Such report shall specify-- ``(1) the number of complaints of violations of this section received by the Social Security Administration during the year, ``(2) the number of cases in which a notice of violation of this section was sent by the Social Security Administration during the year requesting that an individual cease activities in violation of this section, ``(3) the number of complaints of violations of this section referred by the Social Security Administration to the Inspector General in the Department of Health and Human Services during the year, ``(4) the number of investigations of violations of this section undertaken by the Inspector General during the year, ``(5) the number of cases in which a demand letter was sent during the year assessing a civil money penalty under this section, ``(6) the total amount of civil money penalties assessed under this section during the year, ``(7) the number of requests for hearings filed during the year pursuant to sections 1140(c)(1) and 1128A(c)(2), ``(8) the disposition during such year of hearings filed pursuant to sections 1140(c)(1) and 1128A(c)(2), and ``(9) the total amount of civil money penalties under this section deposited into the Federal Old-Age and Survivors Insurance Trust Fund during the year.''. (j) Effective Date.--The amendments made by this section shall apply with respect to violations occurring after the date of the enactment of this Act.

Senior Citizen Protection Act of 1993 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings. Requires penalties relating to misleading mailings to be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. Requires annual reports to the Congress with respect to prohibition violations and associated penalties.

Senior Citizen Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Book on Equal Access to Justice Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended-- (1) in subsection (c)(1), by striking ``, United States Code''; (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: ``(e)(1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report to the Congress, not later than March 31 of each year through the sixth calendar year beginning after the initial report under this subsection is submitted, on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. ``(2)(A) The report required by paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(f) The Chairman of the Administrative Conference shall create and maintain, during the period beginning on the date the initial report under subsection (e) is submitted and ending 1 year after the date on which the final report under that subsection is submitted, online a searchable database containing the following information with respect to each award of fees and other expenses under this section: ``(1) The case name and number of the adversary adjudication, if available. ``(2) The name of the agency involved in the adversary adjudication. ``(3) A description of the claims in the adversary adjudication. ``(4) The name of each party to whom the award was made, as such party is identified in the order or other agency document making the award. ``(5) The amount of the award. ``(6) The basis for the finding that the position of the agency concerned was not substantially justified. ``(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or court order. ``(h) The head of each agency shall provide to the Chairman of the Administrative Conference in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).''. (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: ``(5)(A) The Chairman of the Administrative Conference of the United States shall submit to the Congress, not later than March 31 of each year through the sixth calendar year beginning after the initial report under this paragraph is submitted, a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in each controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. ``(B)(i) The report required by subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(C) The Chairman of the Administrative Conference shall include and clearly identify in the annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- ``(i) any amounts paid from section 1304 of title 31 for a judgment in the case; ``(ii) the amount of the award of fees and other expenses; and ``(iii) the statute under which the plaintiff filed suit. ``(6) The Chairman of the Administrative Conference shall create and maintain, during the period beginning on the date the initial report under paragraph (5) is submitted and ending 1 year after the date on which the final report under that paragraph is submitted, online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection: ``(A) The case name and number. ``(B) The name of the agency involved in the case. ``(C) The name of each party to whom the award was made, as such party is identified in the order or other court document making the award. ``(D) A description of the claims in the case. ``(E) The amount of the award. ``(F) The basis for the finding that the position of the agency concerned was not substantially justified. ``(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. ``(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).''. (c) Clerical Amendments.--Section 2412 of title 28, United States Code, is amended-- (1) in subsection (d)(3), by striking ``United States Code,''; and (2) in subsection (e)-- (A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and (B) by striking ``of such title'' and inserting ``of this title''. (d) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act. (2) Initial reports.--The first reports required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be submitted not later than March 31 of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this Act. (3) Online databases.--The online databases required by section 504(f) of title 5, United States Code, and section 2412(d)(6) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than the date on which the first reports under section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, are required to be submitted under paragraph (2) of this subsection. Passed the House of Representatives November 30, 2015. Attest: KAREN L. HAAS, Clerk.

Open Book on Equal Access to Justice Act (Sec. 2) This bill amends the Equal Access to Justice Act and the federal judicial code to require the Administrative Conference of the United States to report to Congress annually for a specified period on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. The reports must: (1) describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards; and (2) be made available to the public online. The Administrative Conference must create and maintain online searchable databases containing specified information with respect to each award, including the name of the agency involved, the name of each party to whom the award was made, the amount of the award, and the basis for finding that the position of the agency concerned was not substantially justified. Agencies, including the Department of Justice, must provide the Administrative Conference all information requested to comply with such requirements.

Open Book on Equal Access to Justice Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Flight Commemorative Coin Act of 1997''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $10 gold coins.--Not more than 500,000 $10 coins, each of which shall-- (A) weigh 16.718 grams; (B) have a diameter of 1.06 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 3,000,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 10,000,000 half dollar coins each of which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Reduced Amounts.--If the Secretary determines that there is clear evidence of insufficient public demand for coins minted under this Act, the Secretary of the Treasury may reduce the maximum amounts specified in paragraphs (1), (2), and (3) of subsection (a). (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. PERIOD FOR ISSUANCE OF COINS. (a) In General.--Except as provided in subsection (b), the Secretary may issue coins minted under this Act only during the period beginning on August 1, 2003, and ending on July 31, 2004. (b) Exception.--If the Secretary determines that there is sufficient public demand for the coins minted under section 2(a)(3), the Secretary may extend the period of issuance under subsection (a) for a period of 5 years with respect to those coins. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $10 coin; (2) $10 per coin for the $1 coin; and (3) $1 per coin for the half dollar coin. (e) Marketing Expenses.--The Secretary shall ensure that-- (1) a plan is established for marketing the coins minted under this Act; and (2) adequate funds are made available to cover the costs of carrying out that marketing plan. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the First Flight Foundation for the purposes of-- (1) repairing, refurbishing, and maintaining the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expanding (or, if necessary, replacing) and maintaining the visitor center and other facilities at the Wright Brothers National Memorial Park on the Outer Banks of North Carolina, including providing educational programs and exhibits for visitors. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the First Flight Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. SEC. 10. WAIVER OF COIN PROGRAM RESTRICTIONS. The provisions of section 5112(m) of title 31, United States Code, do not apply to the coins minted and issued under this Act.

First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.

First Flight Commemorative Coin Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE-ID Act'' or the ``SAFE-ID Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions shall apply: (1) Business enterprise.--The term ``business enterprise'' means any organization, association, or venture established to make a profit. (2) Country with adequate privacy protection.--The term ``country with adequate privacy protection'' means a country that has been certified by the Federal Trade Commission as having a legal system that provides adequate privacy protection for personally identifiable information. (3) Health care business.--The term ``health care business'' means any business enterprise or private, nonprofit organization that collects or retains personally identifiable information about consumers in relation to medical care, including-- (A) hospitals; (B) health maintenance organizations; (C) medical partnerships; (D) emergency medical transportation companies; (E) medical transcription companies; (F) banks that collect or process medical billing information; and (G) subcontractors, or potential subcontractors, of the entities described in subparagraphs (A) through (F). (4) Personally identifiable information.--The term ``personally identifiable information'' includes, but is not limited to, information such as-- (A) name; (B) postal address; (C) financial information; (D) medical records; (E) date of birth; (F) phone number; (G) e-mail address; (H) social security number; (I) mother's maiden name; (J) password; (K) state identification information; and (L) driver's license number. SEC. 3. TRANSMISSION OF INFORMATION. (a) In General.--A business enterprise may transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country with adequate privacy protection. (b) Consent Required.--A business enterprise may not transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country without adequate privacy protection unless-- (1) the business enterprise discloses to the citizen that the country to which the information will be transmitted does not have adequate privacy protection; (2) the business enterprise obtains consent from the citizen, before a consumer relationship is established or before the effective date of this Act, to transmit such information to such foreign affiliate or subcontractor; and (3) the consent referred to in paragraph (2) is renewed by the citizen within 1 year before such information is transmitted. (c) Liability.--A business enterprise shall be liable for any damages arising from the improper storage, duplication, sharing, or other misuse of personally identifiable information by the business enterprise or by any of its foreign affiliates or subcontractors that received such information from the business enterprise. (d) Rulemaking.--The Chairman of the Federal Trade Commission shall promulgate regulations through which the Chairman may enforce the provisions of this section and impose a fine for a violation of this section. SEC. 4. HEALTH CARE INFORMATION. (a) In General.--A health care business shall be liable for any damages arising from the improper storage, duplication, sharing, or other misuse of personally identifiable information by the business enterprise or by any of its foreign affiliates or subcontractors that received such information from the business enterprise. (b) No Opt Out Provision.--A health care business may not terminate an existing relationship with a consumer of health care services to avoid the consent requirement under section 3(b). (c) Rulemaking.--The Secretary of Health and Human Services shall promulgate regulations through which the Secretary may enforce the provisions of this section and impose a fine for the violation of this section. SEC. 5. CERTIFICATION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission shall-- (1) certify those countries that have legal systems that provide adequate privacy protection for personally identifiable information; and (2) make the list of countries certified under paragraph (1) available to the general public. (b) Certification Criteria.--In determining whether a country should be certified under this section, the Federal Trade Commission shall consider the adequacy of the country's infrastructure for detecting, evaluating, and responding to privacy violations. (c) European Union Data Protection Directive.--A country that has comprehensive privacy laws that meet the requirements of the European Union Data Protection Directive shall be certified under this section unless the Federal Trade Commission determines that such laws are not commonly enforced within such country. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 90 days after the date of enactment of this Act.

SAFE-ID Act - Authorizes a business to transmit personally identifiable information regarding a U.S. citizen to any foreign affiliate or subcontractor located in a country certified by the Federal Trade Commission (FTC) as having adequate privacy protection for such information. Prohibits such business from transmitting such information to an affiliate or subcontractor in a country without such privacy protection unless: (1) the business discloses to the citizen that the country does not have such privacy protection; (2) the business obtains the citizen's consent to transmit such information; and (3) the consent is renewed by the citizen within one year before the information is transmitted. Provides liability for businesses improperly transmitting such information. Makes any business or organization that collects or retains personally identifiable health care information about consumers (health care business) liable for any damages caused by improper storage, duplication, sharing, or other misuse of such information by the health care business or any foreign affiliate or subcontractor that received such information. Prohibits a health care business from terminating an existing relationship with a consumer of health care services in order to avoid the consent requirement. Directs the FTC to certify, and make a list of, those countries that have legal systems that provide adequate privacy protection for such information.

A bill to regulate the transmission of personally identifiable information to foreign affiliates and subcontractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (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 redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--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 education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed-- ``(A) $2,500 for a child enrolled in an elementary school for any portion of the taxable year, and ``(B) $3,500 for a child enrolled in a secondary school for any portion of the taxable year. In any taxable year in which a child meets the requirements of both subparagraphs (A) and (B), the amount of credit allowable shall not exceed the sum of the amounts in such subparagraphs. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning provided by section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, ``(ii) computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution, ``(iii) academic tutoring (by a person other than the taxpayer), ``(iv) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), ``(v) fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation, and ``(vi) academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means-- ``(A) an elementary or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or ``(B) any private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2)(B) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(4)) of such individual for such taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Education, Achievement, and Opportunity Act''. (2) 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 striking the last item and inserting the following new items: ``Sec. 36. Elementary and secondary education expenses. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to allow an annual refundable tax credit for certain expenses incurred for children enrolled in elementary or secondary public and private schools. Includes as eligible expenses: tuition and fees, computers and educational software, academic tutoring, special needs services for children with disabilities, transportation fees, and academic testing services. Excludes expenses for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. Limits the amount of such credit to $2,500 for a child enrolled in an elementary school and $3,500 for a child in secondary school. Reduces such credit amounts for taxpayers earning over $75,000 ($150,000 for married taxpayers filing a joint return).

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Indian Health Care Improvement Technical Corrections Act of 1996''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Indian Health Care Improvement Act. SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT ACT. (a) Definition of Health Profession.--Section 4(n) (25 U.S.C. 1603(n)) is amended-- (1) by inserting ``allopathic medicine,'' before ``family medicine''; and (2) by striking ``and allied health professions'' and inserting ``an allied health profession, or any other health profession''. (b) Indian Health Professions Scholarships.--Section 104(b) of the Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking the matter preceding clause (i) and inserting the following: ``(3)(A) The active duty service obligation under a written contract with the Secretary under section 338A of the Public Health Service Act (42 U.S.C. 254l) that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service--''; (ii) by striking ``or'' at the end of clause (iii); and (iii) by striking the period at the end of clause (iv) and inserting ``; or''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) At the request of any individual who has entered into a contract referred to in subparagraph (A) and who receives a degree in medicine (including osteopathic or allopathic medicine), dentistry, optometry, podiatry, or pharmacy, the Secretary shall defer the active duty service obligation of that individual under that contract, in order that such individual may complete any internship, residency, or other advanced clinical training that is required for the practice of that health profession, for an appropriate period (in years, as determined by the Secretary), subject to the following conditions: ``(i) No period of internship, residency, or other advanced clinical training shall be counted as satisfying any period of obligated service that is required under this section. ``(ii) The active duty service obligation of that individual shall commence not later than 90 days after the completion of that advanced clinical training (or by a date specified by the Secretary). ``(iii) The active duty service obligation will be served in the health profession of that individual, in a manner consistent with clauses (i) through (v) of subparagraph (A).''; (D) in subparagraph (C), as so redesignated, by striking ``prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m) by service in a program specified in subparagraph (A)'' and inserting ``described in subparagraph (A) by service in a program specified in that subparagraph''; and (E) in subparagraph (D), as so redesignated-- (i) by striking ``Subject to subparagraph (B),'' and inserting ``Subject to subparagraph (C),''; and (ii) by striking ``prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m)'' and inserting ``described in subparagraph (A)''; (2) in paragraph (4)-- (A) in subparagraph (B), by striking the matter preceding clause (i) and inserting the following: ``(B) the period of obligated service described in paragraph (3)(A) shall be equal to the greater of--''; and (B) in subparagraph (C), by striking ``(42 U.S.C. 254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))''; and (3) in paragraph (5), by adding at the end the following new subparagraphs: ``(C) Upon the death of an individual who receives an Indian Health Scholarship, any obligation of that individual for service or payment that relates to that scholarship shall be canceled. ``(D) The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of an Indian Health Scholarship if the Secretary determines that-- ``(i) it is not possible for the recipient to meet that obligation or make that payment; ``(ii) requiring that recipient to meet that obligation or make that payment would result in extreme hardship to the recipient; or ``(iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. ``(E) Notwithstanding any other provision of law, in any case of extreme hardship or for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. ``(F) Notwithstanding any other provision of law, with respect to a recipient of an Indian Health Scholarship, no obligation for payment may be released by a discharge in bankruptcy under title 11, United States Code, unless that discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due, and only if the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.''. (c) California Contract Health Services Demonstration Program.-- Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. (d) Extension of Certain Demonstration Program.--Section 405(c)(2) (25 U.S.C. 1645(c)(2)) is amended by striking ``September 30, 1996'' and inserting ``September 30, 1998''. (e) Gallup Alcohol and Substance Abuse Treatment Center.--Section 706(d) (25 U.S.C. 1665e(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated, for each of fiscal years 1996 through 2000, such sums as may be necessary to carry out subsection (b).''. (f) Substance Abuse Counselor Education Demonstration Program.-- Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. (g) Home and Community-Based Care Demonstration Program.--Section 821(i) (25 U.S.C. 1680k(i)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Indian Health Care Improvement Technical Corrections Act of 1996 - Makes technical corrections to the Indian Health Care Improvement Act concerning allopathic medicine and Indian health professions scholarships and active duty service obligations. Amends the Indian Health Care Improvement Act to extend through FY 1998 the demonstration program for direct billing of Medicare, Medicaid, and other third party payors. Authorizes appropriations through FY 2000 for the: (1) California Contract Health Services Demonstration Program; (2) Gallup Alcohol and Substance Abuse Center; (3) Substance Abuse Counselor Education Demonstration Program; and (4) Home and Community-Based Care Demonstration Program.

Indian Health Care Improvement Technical Corrections Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Control Center Enhancement and Awareness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year more than 2,000,000 poisonings are reported to poison control centers throughout the United States. More than 90 percent of these poisonings happen in the home. 53 percent of poisoning victims are children younger than 6 years of age. (2) Poison centers are life-saving and cost-effective public health services. For every dollar spent on poison control centers, $7 in medical costs are saved. The average cost of a poisoning exposure call is $31.28, while the average cost if other parts of the medical system are involved is $932. Over the last 2 decades, the instability and lack of funding has resulted in a steady decline in the number of poison control centers in the United States. Currently, there are 75 such centers. (3) Stabilizing the funding structure and increasing accessibility to poison control centers will increase the number of United States residents who have access to a certified poison control center, and reduce the inappropriate use of emergency medical services and other more costly health care services. SEC. 3. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER. (a) In General.--The Secretary shall provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 1999 through 2003. SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN. (a) In General.--The Secretary shall establish a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 4. (b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $600,000 for each of the fiscal years 1999 through 2003. SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. (a) Regional Poison Control Centers.--The Secretary shall award grants to certified regional poison control centers for the purposes of achieving the financial stability of such centers, and for preventing and providing treatment recommendations for poisonings. (b) Other Improvements.--The Secretary shall also use amounts received under this section to-- (1) develop standard education programs; (2) develop standard patient management protocols for commonly encountered toxic exposures; (3) improve and expand the poison control data collection systems; and (4) improve national toxic exposure surveillance. (c) Certification.--Except as provided in subsection (d), the Secretary may make a grant to a center under subsection (a) only if the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. (d) Waiver of Certification Requirements.-- (1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (a) with respect to a noncertified poison control center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. (2) Renewal.--The Secretary may only renew a waiver under paragraph (1) for a period of 3 years. (e) Supplement not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, local or private funds provided for such center. (f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is equal to not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. (g) Matching Requirement.--The Secretary may impose a matching requirement with respect to amounts provided under a grant under this section if the Secretary determines appropriate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of the fiscal years 1999 through 2003.

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

Poison Control Center Enhancement and Awareness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Tax Credit Act''. SEC. 2. FOSTER CARE TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. FOSTER CARE TAX CREDIT. ``(a) Allowance of Credit.--With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to \1/12\ of the amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is-- ``(A) $1,000, reduced by ``(B) $50 for each $1,000 (or fraction thereof) by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' has the meaning given such term by section 24(b)(2). ``(c) Qualifying Foster Child.--For purposes of this section, the term `qualifying foster child' means an eligible foster child (within the meaning of section 152(f)(1)(C)) of the eligible taxpayer-- ``(1) who has not attained age 17, ``(2) who is a citizen, national, or resident of the United States, ``(3) who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and ``(4) with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). ``(d) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer, except that-- ``(1) no single household shall include more than 1 eligible taxpayer, ``(2) married individuals filing a joint return shall be treated as 1 eligible taxpayer, and ``(3) in the case of individuals not described in paragraph (2) who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. ``(e) Calendar Month.--For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. ``(f) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of-- ``(i) 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $10,000, or ``(ii) in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year (without regard to whether the same 3 children reside in the home of the taxpayer for all such months), the excess (if any) of-- ``(I) the taxpayer's social security taxes for the taxable year, over ``(II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. ``(2) Social security taxes.--For purposes of paragraph (1), the term `social security taxes' has the same meaning as when used in section 24(d)(1). ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the $10,000 amount contained in paragraph (1)(B)(i) shall be adjusted in the same manner as the $10,000 amount under section 24(d)(1)(B) is adjusted under section 24(d)(3). ``(g) Identification Requirement.--No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year.''. (b) Clerical 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 25D the following new item: ``Sec. 25E. Foster care tax credit.''. (c) Effective Date.--The amendments made by this section shall apply to calendar months beginning after December 31, 2013, in taxable years beginning after such date. (d) Education.--The Secretary of Health and Human Services (or the Secretary's delegate), in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.

Foster Care Tax Credit Act - Amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. Defines "qualifying foster child" as a child in foster care who has not attained age 17, who is a citizen, national, or resident of the United States, and with respect to whom the child tax credit is not allowable. Requires the name and taxpayer identification number of a foster child to be included on the taxpayer's tax return. Directs the Secretary of Health and Human Services (HHS) to identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.

Foster Care Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liver Research Enhancement Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) An estimated 25,000,000 people in the United States are affected by a liver or liver-related disease. (2) In excess of $5,500,000,000 is spent annually to provide medical care for people in the United States with liver disease. (3) There are over 4,000,000 people in the United States who are or have been infected with hepatitis C, 2,700,000 of whom are chronically infected. (4) Due to limited research, current treatments for hepatitis C are effective in fewer than 50 percent of the cases. (5) A vaccine has not been developed for hepatitis C. (6) There are 8,000 to 10,000 deaths each year due to hepatitis C, and the annual death total is projected to increase to 30,000 each year absent increased public health and research interventions. (7) Chronic infection with hepatitis B or C is associated with an increased incidence of primary liver cancer, once a rare malignancy in the United States. (8) There are 1,250,000 people in the United States who have been infected with hepatitis B. (9) Up to 15 percent of Asian and Pacific-Islander Americans are chronically infected with hepatitis B. (10) Fifteen out of every 100,000 people in the United States are affected by a chronic, life-threatening disease known as primary biliary cirrhosis (PBC), and 95 percent of those affected are women. (11) There is an emerging obesity-related chronic liver disease, nonalcoholic fatty liver disease (NAFLD), which may affect as many as 1 in every 4 adults over the age of 18. (12) There are 15,000 children hospitalized in the United States each year due to liver disease. (13) The only option for many individuals with liver disease is a liver transplant. (14) There are over 17,500 people in the United States on the waiting list for a liver transplant, but because of the limited supply of livers available for transplantation only approximately 5,100 transplants are performed each year. (15) There are 1,300 people in the United States who die each year waiting for a liver transplant, and that number is expected to increase. (16) To address the public health threat posed by liver disease, there is a need for the establishment of a National Center on Liver Disease Research to provide dedicated scientific leadership, to create a research action plan, and to ensure the funding of the scientific opportunities identified by the plan. SEC. 3. NATIONAL CENTER ON LIVER DISEASE RESEARCH. Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c, et seq.) is amended by adding at the end the following: ``national center on liver disease research ``Sec. 434B. (a) Establishment.--There is established the National Center on Liver Disease Research (hereafter in this section referred to as the `Center') in the National Institute of Diabetes and Digestive and Kidney Diseases. ``(b) Director.--The Center shall be headed by a Director, who shall be appointed by the Director of the Institute, in consultation with the Director of NIH, from among individuals with the highest scientific credentials. The Director of the Center shall report directly to the Director of the Institute. ``(c) Duties.--To ensure the development of increased understanding of and better treatments and cures for liver diseases through a dedicated scientific leadership and an adequate allocation of resources, the Director shall-- ``(1) assist the Liver Disease Research Advisory Board to develop the Liver Disease Research Action Plan; and ``(2) encourage and coordinate the implementation of the Plan by the national research institutes, including by issuing research solicitations and by using all other available mechanisms. ``(d) Liver Disease Research Advisory Board.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Director of NIH shall establish a board to be known as the Liver Disease Research Advisory Board (hereafter in this section referred to as the ``Advisory Board''). ``(2) Duties.--The Advisory Board shall advise and assist the Director of the Center concerning matters relating to liver disease research, including by developing and revising the Liver Disease Research Action Plan in accordance with subsection (e). ``(3) Voting members.--The Advisory Board shall be composed of 18 voting members appointed by the Director of NIH, in consultation with the Director of the Institute, of whom 12 shall be eminent scientists and 6 shall be lay persons. The Director of NIH, in consultation with the Director of the Institute, shall select 1 of the members to serve as the Chair of the Advisory Board. ``(4) Ex officio members.--The Director of NIH shall appoint each director of a national research institute that funds liver disease research to serve as a nonvoting, ex officio member of the Advisory Board. The Director of NIH shall invite 1 representative of the Centers for Disease Prevention and Control, 1 representative of the Food and Drug Administration, and 1 representative of the Department of Veterans Affairs to serve as such a member. Each ex officio member of the Advisory Board may appoint an individual to serve as that member's representative on the Advisory Board. ``(e) Liver Disease Research Action Plan.-- ``(1) Development.--Not later than 15 months after the date of the enactment of this Act, the Advisory Board shall develop (with appropriate support from the Director and staff of the Center) a comprehensive plan for the conduct and support of liver disease research to be known as the Liver Disease Research Action Plan. The Advisory Board shall submit the Plan to the Director of NIH and the head of each institute or center within the National Institutes of Health that funds liver disease research. ``(2) Content.--The Liver Disease Research Action Plan shall identify scientific opportunities and priorities of liver disease research necessary to increase understanding of and to prevent, cure, and develop better treatment protocols for liver diseases. ``(3) Revision.--The Advisory Board shall revise every 3 years the Liver Disease Research Action Plan, but shall meet annually to review progress and to amend the Plan as may be appropriate because of new scientific discoveries. ``(f) Allocation of Funds.--Subject to the availability of appropriations, the Director of each institute or center within the National Institutes of Health shall allocate to liver disease research through peer-reviewed methods, the amounts necessary to fund existing scientific research opportunities and, subject to completion and subsequent updates of the Liver Disease Research Action Plan, amounts adequate to carry out the recommendations of the Plan.''.

Liver Research Enhancement Act - Amends the Public Health Service Act to establish the National Center on Liver Disease Research in the National Institute of Diabetes and Digestive and Kidney Diseases.Establishes the Liver Disease Research Advisory Board to help the Director of the Center develop the Liver Disease Research Action Plan identifying scientific opportunities and priorities of liver disease research. Requires the Director to coordinate the Plan's implementation by the national research institutes, which shall allocate adequate funds for same.

To establish the National Center on Liver Disease Research, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads resulted in costs of over $87,000,000 in 2007, in extra time and fuel used, to drivers in the Nation's 439 urban areas, an increase of more than 50 percent over the previous decade. (3) On average, on-road-vehicles contributed 31.9 percent of nitrogen oxide emissions in 2008. (4) It was recently reported that if the 40 percent of United States workers who have jobs that are compatible with teleworking worked at home half of the time, that would save 450 million barrels of oil, reduce greenhouse gases by 84 million tons, and reduce highway maintenance costs by over $3 billion annually. (5) The average American daily commute is 51 minutes for a round-trip (a total of 204 hours, or 8.5 days, per year). (6) The National Science Foundation found that teleworking increased employee productivity by 87 percent and the Census Bureau reported that 73 percent of teleworkers felt they accomplished more work on telework days than when they were in the office. (7) In 2003, 77 million workers used a computer at work, accounting for 55.5 percent of total employment. (8) In recent years, studies performed in the United States have shown a marked expansion of teleworking, with 76 percent of private sector employers now providing technical support for remote workers, an increase of 27 percent over 2007. Fifty-six percent of Federal IT professionals indicated that their agencies provide technical support for teleworkers. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30E. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $1,000. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to in paragraph (1) shall be reduced by an amount which bears the same ratio to $1,000 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Technical Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 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) to the extent provided in section 30E(e), in the case of amounts with respect to which a credit has been allowed under section 30E.''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30E. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year. Defines "telework" as performing work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in teleworking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Jobs First Act of 2011''. SEC. 2. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR CERTAIN REPATRIATED FOREIGN EARNINGS. (a) In General.--Section 965 of such Code is amended by adding at the end the following new subsection: ``(g) Temporary Extension and Modification.-- ``(1) In general.--In the case of an election under this subsection, subsection (f)(1) shall be applied by substituting `the date of the enactment of subsection (g)' for `the date of the enactment of this section'. ``(2) Percentage deductible.-- ``(A) In general.--In the case of an election under this subsection, subsection (a)(1) shall be applied by substituting `the applicable percentage' for `85 percent'. ``(B) Applicable percentage.--For purposes of this section, the applicable percentage is 29 percent, increased by the number of percentage points determined with respect to the taxpayer under subparagraph (C). ``(C) Increased deduction for payroll expansion.-- ``(i) In general.--For purposes of subparagraph (B), the number of percentage points determined with respect to a taxpayer under this subparagraph shall be-- ``(I) so much of the percentage increase, if any, in the taxpayer's qualified payroll for all quarters ending during the taxable year as compared to the qualified payroll for the same quarters during the taxpayer's taxable year ending during 2010 as does not exceed 14 percent, multiplied by ``(II) 4. ``(ii) Qualified payroll.--For purposes of this subparagraph, the term `qualified payroll' means the amount of all wages (within the meaning of section 3121(a)) paid or incurred by the taxpayer to the employees of such taxpayer, except that, with respect to each such employee, such wages shall be taken into account only to the extent that such wages do not exceed the contribution and benefit base as determined under section 230 of the Social Security Act. ``(iii) Railway labor.--In the case of remuneration subject to the tax imposed by section 3221(a), clause (ii) shall be applied by substituting `all compensation (within the meaning of section 3231(e))' for `all wages (within the meaning of section 3121(a))'. ``(iv) Special rule for converted employees.--For purposes of this subparagraph-- ``(I) In general.--The wages of any specified individual shall not be taken into account. ``(II) Specified individual.-- Except as provided by the Secretary, the term `specified individual' means any individual who, during the 2-year period ending on the date of the enactment of this subsection, performed services directly or indirectly for the taxpayer and was treated for purposes of employment taxes as not an employee with respect to the performance of such services. ``(3) Special rules.-- ``(A) Recapture in case of payroll decrease during recapture period.--The Secretary shall, by regulations, provide for recapturing any portion of the benefit under any deduction allowable by this subsection, and attributable to paragraph (2)(C), to the extent-- ``(i) the taxpayer's qualified payroll for all quarters ending during the taxable year for which the such deduction was allowed, exceeds ``(ii) the taxpayer's qualified payroll for all quarters ending during either of the 2 taxable years following the taxable year with respect to which such deduction was allowed. ``(B) Controlled groups.--All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of this subsection.''. (b) Conforming Amendment.-- (1) Subsection (b) of section 965 of such Code is amended by striking paragraph (4). (2) Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2010''. (3) Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``October 1, 2011''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending on or after the date of the enactment of this Act

American Jobs First Act of 2011 - Amends the Internal Revenue Code to extend the election to deduct dividends received by a domestic corporation from a controlled foreign corporation. Increases the amount of such deduction by increases in the payroll of the domestic corporation over the previous taxable year. Requires the Secretary of the Treasury to provide, by regulations, for a recapture of any portion of the increased tax deduction allowed to a domestic corporation if such corporation's payroll decreases during either of the two taxable years following the taxable year in which the increased deduction was allowed.

To amend the Internal Revenue Code of 1986 to allow temporarily a reduced rate of tax with respect to repatriated foreign earnings.

SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS. (a) Establishment.-- (1) In general.--There is established a program, in each of the United States district courts designated under subsection (b), under which-- (A) those district judges of that district court who request to hear cases under which one or more issues arising under any Act of Congress relating to patents or plant variety protection must be decided, are designated by the chief judge of the court to hear those cases; (B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A); (C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and (D) a case declined under subparagraph (C) is randomly reassigned to one of those judges of the court designated under subparagraph (A). (2) Senior judges.--Senior judges of a district court may be designated under paragraph (1)(A) if at least 1 judge of the court in regular active service is also so designated. (3) Right to transfer cases preserved.--This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court. (b) Designation.--The Director of the Administrative Office of the United States Courts shall, not later than 6 months after the date of the enactment of this Act, designate not less than 5 United States district courts, in at least 3 different judicial circuits, in which the program established under subsection (a) will be carried out. The Director shall make such designation from among the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended, except that the Director may only designate a court in which-- (1) at least 10 district judges are authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under other provisions of law; and (2) at least 3 judges of the court have made the request under subsection (a)(1)(A). (c) Duration.--The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b). (d) Applicability.--The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation. (e) Reporting to Congress.-- (1) In general.--At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include-- (A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated; (B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; (C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to-- (i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and (ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered; (D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and (E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts. (2) Timetable for reports.--The times referred to in paragraph (1) are-- (A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and (B) not later than 5 years after the date described in subparagraph (A). (3) Periodic reporting.--The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A) through (E) of paragraph (1). (f) Authorization for Training and Clerkships.--In addition to any other funds made available to carry out this section, there is authorized to be appropriated not less than $5,000,000 in each fiscal year for-- (1) educational and professional development of those district judges designated under subsection (a)(1)(A) in matters relating to patents and plant variety protection; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases, to be appointed by the courts designated under subsection (b) to assist those courts in such cases. Amounts made available pursuant to this subsection shall remain available until expended. Passed the House of Representatives September 28, 2006. Attest: KAREN L. HAAS Clerk.

Establishes a 10-year pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated. Requires the Director of the Administrative Office of the U.S. Courts to designate at least five U.S. district courts, in at least three different judicial circuits, to carry out the pilot program. Requires such courts to be among the 15 district courts in which the largest number of such cases were filed in the most recent calendar year. States that the Director may only designate a court in which: (1) at least 10 district judges are authorized for presidential appointment; and (2) at least three judges request such cases. Requires periodic reports on the program to specified congressional committees. Authorizes appropriations for: (1) educational and professional development of those district judges designated under this Act; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases who are appointed to assist courts in such cases.

To establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chapter 12 Extension and Bankruptcy Judgeship Act of 2000''. SEC. 2. EXTENSION OF CHAPTER 12 OF TITLE 11 OF THE UNITED STATES CODE. (a) Amendments.--Section 149 of title I of division C of Public Law 105-277, as amended by Public Law 106-5 and Public Law 106-70, is amended-- (1) by striking ``July 1, 2000'' each place it appears and inserting ``July 1, 2001''; and (2) in subsection (a)-- (A) by striking ``September 30, 1999'' and inserting ``June 30, 2000''; and (B) by striking ``October 1, 1999'' and inserting ``July 1, 2000''. (b) Effective Date.-- The amendments made by subsection (a) shall take effect on July 1, 2000. SEC. 3. BANKRUPTCY JUDGESHIPS. (a) Temporary Judgeships.-- (1) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judge for the eastern district of California. (B) Four additional bankruptcy judges for the central district of California. (C) One additional bankruptcy judge for the district of Delaware. (D) Two additional bankruptcy judges for the southern district of Florida. (E) One additional bankruptcy judge for the southern district of Georgia. (F) Two additional bankruptcy judges for the district of Maryland. (G) One additional bankruptcy judge for the eastern district of Michigan. (H) One additional bankruptcy judge for the southern district of Mississippi. (I) One additional bankruptcy judge for the district of New Jersey. (J) One additional bankruptcy judge for the eastern district of New York. (K) One additional bankruptcy judge for the northern district of New York. (L) One additional bankruptcy judge for the southern district of New York. (M) One additional bankruptcy judge for the eastern district of North Carolina. (N) One additional bankruptcy judge for the eastern district of Pennsylvania. (O) One additional bankruptcy judge for the middle district of Pennsylvania. (P) One additional bankruptcy judge for the district of Puerto Rico. (Q) One additional bankruptcy judge for the western district of Tennessee. (R) One additional bankruptcy judge for the eastern district of Virginia. (2) Vacancies.--The first vacancy occurring in the office of a bankruptcy judge in each of the judicial districts set forth in paragraph (1) shall not be filled if the vacancy-- (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; and (B) occurs 5 years or more after the appointment date of a bankruptcy judge appointed under paragraph (1). (b) Extensions.-- (1) In general.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, the district of South Carolina, and the eastern district of Tennessee under paragraphs (1), (3), (7), (8), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring-- (A) 8 years or more after November 8, 1993, with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with respect to the district of South Carolina; and (E) 8 years or more after November 23, 1993, with respect to the eastern district of Tennessee. (2) Applicability of other provisions.--Except as provided in paragraph (1), section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) shall continue to apply to the temporary office of bankruptcy judges referred to in such paragraph. (c) Technical Amendments.--Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``Each bankruptcy judge authorized to be appointed for a judicial district as provided in paragraph (2) shall be appointed by the United States court of appeals for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''.

Makes this Act effective as of July 1, 2000 (the previous expiration date). Mandates appointments for additional temporary bankruptcy judgeships in designated districts of the following States: California, Delaware, Florida, Georgia, Maryland, Michigan, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, and Virginia. Prohibits filling the first vacancy occurring in such judicial districts five years or more after such appointments if it results from death, retirement, resignation or removal. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina.

Chapter 12 Extension and Bankruptcy Judgeship Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Heroes of 9/11 Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) since September 11, 2001, the United States has been engaged in a war different from any other in our Nation's history; (2) in the eyes of the terrorists, we are all the enemy, and the term ``innocent civilian'' has no meaning for such terrorists; (3) the deaths by airplane at the World Trade Center, at the Pentagon, and in rural Pennsylvania represent an escalation of direct terrorist attacks on civilians; (4) the officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City and perished as a result of the tragic events of September 11, 2001 (including those who are missing and presumed dead), took heroic and noble action on that day; (5) the passengers and crew of United Airlines Flight 93, recognizing the potential danger that the aircraft that they were aboard posed to large numbers of innocent Americans, American institutions, and the symbols of American democracy, took heroic and noble action to ensure that the aircraft could not be used as a weapon; and (6) given the unprecedented nature of the attacks against the United States of America and the need to properly demonstrate the support of the country for the victims of terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal. SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS. (a) Presentation Authorized.--The President may present on behalf of Congress, to the personal representative or next of kin of each individual referred to in subsection (c), a medal of appropriate design, as described in subsection (b)(1), such medals to be known as ``Fallen Heroes of 9/11 Congressional Medals'', in recognition of the sacrifice made by each such individual, and to honor their deaths on and following September 11, 2001. (b) Design and Striking.-- (1) In general.--For purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 3 medals, of such content and with such suitable emblems, devices, and inscriptions as the Secretary determines to be appropriate to be representative of and in honor of, respectively-- (A) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (B) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (C) victims at the Pentagon, including the hijack victims. (2) Consultation.--Before making a final determination with respect to the design of the medal under this subsection, the Secretary shall consult with the Secretary of Defense and such other parties as the Secretary may determine to be appropriate. (c) Eligibility To Receive Medal.-- (1) In general.--Any individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, shall be eligible for a medal referred to in subsection (a). (2) Determination.--Eligibility under paragraph (1) shall be determined by the Secretary, in consultation with such other officers of the United States Government and State and local officials as the Secretary determines to be appropriate. (3) Terrorism defined.--For purposes of this section and section 4, the term ``act of terrorism'' means the premeditated, politically motivated violence perpetrated against the United States on September 11, 2001. SEC. 4. DUPLICATE MEDALS. (a) Recipients of Duplicate Medals.--The Secretary shall strike duplicates of the medals struck pursuant to section 3 for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each person referred to in subsection (b) of this section was assigned on September 11, 2001, for permanent display in each such place in a manner befitting the memory of such person. (b) Public Safety, Emergency, and Other Workers--Persons referred to in this subsection are officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City on September 11, 2001, and perished as a direct result of that act of terrorism (including those who are missing and presumed dead). SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS. (a) Initial Lists.--Before the end of the 120-day period beginning on the date of enactment of this Act, the Secretary shall establish-- (1) a list of the names of individuals eligible to receive a medal under section 3, as described in section 3(c)(1), during the period beginning on September 11, 2001, and ending on the date of enactment of this Act; and (2) a list of the eligible recipients of a duplicate medal under section 4. (b) Subsequent Eligibility.--If any individual becomes eligible for a medal, as described in section 3(c)(1), or any other recipient becomes eligible for a duplicate medal, as described in section 4, the Secretary shall promptly add the name of that individual or recipient to the appropriate list established pursuant to subsection (a). SEC. 6. SALES TO THE PUBLIC TO DEFRAY COSTS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates of the medals struck under this Act, at a price sufficient to cover the costs of the medals (including labor, materials, dies, use of machinery, and overhead expenses). SEC. 7. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Fallen Heroes of 9/11 Act - Authorizes the President to present to the personal representative or next of kin of each individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, a Fallen Heroes of 9/11 Congressional Medal in recognition of their sacrifice and to honor their deaths.Directs the Secretary of the Treasury to strike: (1) three medals to honor victims of the attack at the World Trade Center (WTC), victims aboard United Airlines Flight 93 that crashed in Pennsylvania, and victims at the Pentagon; and (2) duplicate medals for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which officers, emergency workers, and other employees of the U.S. Government and of State and local government agencies (including the Port Authority of New York and New Jersey) and others who responded to and perished as a direct result of the WTC attacks were assigned on September 11, 2001.

A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern New Mexico Rural Water System Authorization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Eastern New Mexico Rural Water Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System. (2) Engineering report.--The term ``engineering report'' means the report entitled ``Eastern New Mexico Rural Water System Preliminary Engineering Report'' and dated October 2006. (3) Plan.--The term ``plan'' means the operation, maintenance, and replacement plan required by section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New Mexico. (6) System.-- (A) In general.--The term ``System'' means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 16,500 acre- feet of water per year from the Ute Reservoir to the cities of Clovis, Elida, Grady, Melrose, Portales, and Texico and other locations in Curry, Roosevelt, and Quay Counties in the State. (B) Inclusions.--The term ``System'' includes the major components and associated infrastructure identified as the ``Best Technical Alternative'' in the engineering report. (7) Ute reservoir.--The term ``Ute Reservoir'' means the impoundment of water created in 1962 by the construction of the Ute Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas. SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. (a) Financial Assistance.-- (1) In general.--The Secretary may provide financial and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System. (2) Use.-- (A) In general.--Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under section 5(a)(2). (B) Limitations.--Financial assistance provided under paragraph (1) shall not be used-- (i) for any activity that is inconsistent with constructing the System; or (ii) to plan or construct facilities used to supply irrigation water for irrigated agricultural purposes. (b) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the total cost of any activity or construction carried out using amounts made available under this Act shall be not more than 75 percent of the total cost of the System. (2) System development costs.--For purposes of paragraph (1), the total cost of the System shall include any costs incurred by the Authority or the State on or after October 1, 2003, for the development of the System. (c) Limitation.--No amounts made available under this Act may be used for the construction of the System until-- (1) a plan is developed under section 4(b); and (2) the Secretary and the Authority have complied with any requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to the System. (d) Title to Project Works.--Title to the infrastructure of the System shall be held by the Authority or as may otherwise be specified under State law. SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS. (a) In General.--The Authority shall be responsible for the annual operation, maintenance, and replacement costs associated with the System. (b) Operation, Maintenance, and Replacement Plan.--The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Cooperative Agreements.-- (1) In general.--The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act. (2) Cooperative agreement for provision of financial assistance.-- (A) In general.--The Secretary shall enter into a cooperative agreement with the Authority to provide financial assistance and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System. (B) Requirements.--The cooperative agreement entered into under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to-- (i) ensuring that the cost-share requirements established by section 3(b) are met; (ii) completing the planning and final design of the System; (iii) any environmental and cultural resource compliance activities required for the System; and (iv) the construction of the System. (b) Technical Assistance.--At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. (c) Biological Assessment.--The Secretary shall consult with the New Mexico Interstate Stream Commission and the Authority in preparing any biological assessment under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that may be required for planning and constructing the System. (d) Effect.--Nothing in this Act--- (1) affects or preempts-- (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal rights to-- (A) the water of a stream; or (B) any groundwater resource. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In accordance with the adjustment carried out under subsection (b), there is authorized to be appropriated to the Secretary to carry out this Act an amount not greater than $327,000,000. (b) Adjustment.--The amount made available under subsection (a) shall be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this Act. (c) Nonreimbursable Amounts.--Amounts made available to the Authority in accordance with the cost-sharing requirement under section 3(b) shall be nonreimbursable and nonreturnable to the United States. (d) Availability of Funds.--At the end of each fiscal year, any unexpended funds appropriated pursuant to this Act shall be retained for use in future fiscal years consistent with this Act. Passed the House of Representatives June 19, 2008. Attest: LORRAINE C. MILLER, Clerk.

Eastern New Mexico Rural Water System Authorization Act - Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System. Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development. Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969. Directs the Secretary to: (1) enter into a cooperative agreement with the Authority to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance. Authorizes appropriations.

To authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utilizing DNA Technology to Solve Cold Cases Act of 2011''. SEC. 2. ENHANCED SEARCHES. (a) Familial Searches.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Attorney General shall adopt policies and procedures in accordance with this section to ensure that-- (A) the Federal Bureau of Investigation may conduct familial searches for DNA samples collected from crime scenes in Federal investigations; (B) subject to paragraph (5), a CODIS State administrator or State attorney general may request that the Federal Bureau of Investigation conduct familial searches for DNA samples collected from crime scenes in State investigations; and (C) the privacy interests of persons identified in familial searches are carefully protected. (2) Search requirements.--Familial searches conducted by the Federal Bureau of Investigation under this section shall be conducted only under the following circumstances: (A) No identical match for the DNA sample collected from a crime scene can be identified in the offender index. (B) The investigation for which DNA samples are collected at a crime scene involves one or more of the following offenses under Federal or State law: (i) An offense of murder, voluntary manslaughter, kidnapping, or any attempt to commit murder, voluntary manslaughter, or kidnapping. (ii) A specified offense against a minor (as such term is defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7))), or an attempt to commit such a specified offense. (iii) An offense for which an offender would be required, under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.), to register as a tier III sex offender (as defined in section 111(4) of such Act (42 U.S.C. 16911(4))), or an attempt to commit such an offense. (3) Requests by states.--A CODIS State administrator or State attorney general making a request for a familial search under this section shall-- (A) before making such request, have in place a written policy that-- (i) establishes the criteria and procedures for requesting a familial search and for evaluating a familial match; (ii) is consistent with any regulations issued by the Attorney General pursuant to this section; and (iii) ensures that the privacy interests of persons identified in familial searches are carefully protected; and (B) each time a familial search request is made, make such policy available to the Attorney General. (4) State assurances required.--A CODIS State administrator or a State attorney general may request from the Federal Bureau of Investigation familial searches for DNA samples collected from crime scenes in State investigations only if the requesting State has provided an assurance to the Attorney General that-- (A) the requesting State will take such steps as the Attorney General determines to be necessary and appropriate to facilitate the investigation of familial matches from other States; and (B) the requesting State will investigate possible familial matches in the State before requesting assistance from other States. (5) Reporting of matches.--Any familial match resulting from a request for a familial search that complies with the requirements of this section shall be reported to the CODIS State administrator or State attorney general requesting information related to such match. (b) Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the chair and ranking member of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on compliance with this section. Each such report shall contain the following information: (1) The number of familial searches requested by CODIS State administrators or State attorney generals. (2) The number of familial searches conducted under this section. (3) The number of familial matches found as a result of such searches. (4) The status of any case in which such a familial match was found. (c) Regulations.--Not later than one year after the date of enactment of this Act, the Attorney General shall issue regulations to carry out this section. (d) Definitions.--In this section: (1) The term ``CODIS State administrator'' means the individual designated by a State to coordinate and communicate with local CODIS administrators in the State and to be responsible for entering data from the State in the National DNA Index System, in accordance with the procedures established by the National DNA Index System Procedures Board and published by the Federal Bureau of Investigation in the NDIS Policies and Procedures. (2) The term ``familial search'' means a search of the offender index in which a DNA sample from an unknown source collected from a crime scene is compared to such offender index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. (3) The term ``familial match'' means a genetic association determined by the Attorney General to present a high probability of familial relation between a DNA profile in the offender index and a DNA sample collected at a crime scene. (4) The term ``offender index'' means the database containing information on individuals convicted of sex offenses and other violent crimes in the National DNA Index System established under section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 1796). (5) The term ``State'' means each 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.

Utilizing DNA Technology to Solve Cold Cases Act of 2011 - Requires the Attorney General to adopt policies and procedures to ensure that: (1) the Federal Bureau of Investigation (FBI) may conduct familial searches for DNA samples collected from crime scenes in federal investigations, (2) a CODIS (Combined DNA Index System) state administrator or a state attorney general may request that the FBI conduct such searches in state investigations, and (3) the privacy interests of persons identified in familial searches are protected. Defines "familial search" as a search of the offender index in the National DNA Index System in which a DNA sample from an unknown source collected from a crime scene is compared to such index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. Allows FBI familial searches to be conducted only if: (1) no identical match for a DNA sample collected from a crime scene can be identified in the offender index; and (2) the investigation for which DNA samples are collected involves murder, voluntary manslaughter, kidnapping, a sex offense against a minor, or an offense for which an offender would be required to register as a tier III sex offender. Sets forth requirements for state requests for such searches, including assurances that the requesting state will: (1) take steps to facilitate the investigation of familial matches from other states, and (2) investigate possible familial matches in that state before requesting assistance from other states.

To direct the Attorney General to design and implement a procedure to permit enhanced searches of the National DNA Index System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fighter Aces Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups' recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces' training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America's most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) Richard Bong was America's top Ace of all wars scoring a confirmed 40 enemy victories in WWII. He was from Poplar, Wisconsin, and flew the P-38 Lightning in all his combat sorties flying for the 49th Fighter Group. He was killed in 1945 during a P-80 test flight in which the engine flamed out on takeoff. (13) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. (14) The American Fighter Aces Association has existed for over 50 years as the primary organization with which the Aces have preserved their history and told their stories to the American public. The Association established and maintains the Outstanding Cadet in Airmanship Award presented annually at the United States Air Force Academy; established and maintains an awards program for outstanding fighter pilot ``lead-in'' trainee graduates from the Air Force, Navy, and Marine Corps; and sponsors a scholarship program for descendants of American Fighter Aces. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom, which has spanned the history of aviation warfare. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the American Fighter Aces, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to 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. NATIONAL MEDALS. The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Fighter Aces Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a single congressional gold medal in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of the nation's freedom. Requires the medal to be given to the Smithsonian Institution for display and research purposes. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the American Fighter Aces. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of the gold medal at a price sufficient to cover the costs of the medals.

American Fighter Aces Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Dog Training Therapy Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program for the purpose of assessing the effectiveness of addressing post-deployment mental health and post- traumatic stress disorder symptoms through a therapeutic medium of training service dogs for veterans with disabilities. (b) Duration of Pilot Program.--The pilot program required by subsection (a) shall be carried out at least three and not more than five Department of Veterans Affairs medical centers during the five- year period beginning on the date of the commencement of the pilot program. (c) Locations of Pilot Program.--In selecting medical centers for the pilot program required under subsection (a), the Secretary shall ensure that each medical center selected provides a training area for educating veterans with mental health conditions in the art and science of service dog training and handling. Such training area shall-- (1) include a dedicated space that is suitable for grooming and training dogs indoors; (2) be wheelchair accessible; (3) include classroom or lecture space; (4) include office space for staff; (5) include a suitable space for storing training equipment; (6) provide for periodic use of other training areas for training the dogs with wheelchairs and conducting other exercises; (7) include outdoor exercise and toileting space for dogs; and (8) provide transportation for weekly field trips to train dogs in other environments. (d) Design of Pilot Program.--In carrying out the pilot program under this section, the Secretary shall-- (1) administer the program through the Recreation Therapy Service of the Department of Veterans Affairs under the direction of a certified recreational therapist with sufficient administrative experience to oversee all pilot program sites; (2) establish, for purposes of overseeing the training of dogs at medical centers selected for the pilot program, a director of service dog training with a background working in social services, experience in teaching others to train service dogs in a vocational setting, and at least one year of experience working with veterans or active duty service members with post-traumatic stress disorder in a clinical setting; (3) ensure that each pilot program site has certified service dog training instructors; (4) ensure that in selecting assistance dogs for use in the program, dogs residing in animal shelters or foster homes are looked at as an option, if appropriate, and ensure that all dogs used in the program have adequate temperament and health clearances; (5) ensure that each service dog in training participating in the pilot program is taught all essential commands pertaining to service dog skills; (6) ensure that each service dog in training lives at the pilot program site or a volunteer foster home in the vicinity of such site while receiving training; (7) ensure that the pilot program involves both lecture of service dog training methodologies and practical hands-on training and grooming of service dogs; and (8) ensure that the pilot program is designed to-- (A) maximize the therapeutic benefits to veterans participating in the program; and (B) provide well-trained service dogs to veterans with disabilities. (e) Veteran Eligibility.--A veteran with post-traumatic stress disorder or other post-deployment mental health condition may volunteer to participate in the pilot program under subsection (a) if the Secretary determines that there are adequate program resources available for such veteran at the pilot program site. Veterans may participate in the pilot program in conjunction with the compensated work therapy program of the Department of Veterans Affairs. (f) Hiring Preference.--In hiring service dog training instructors under the pilot program under subsection (a), the Secretary shall give a preference to veterans who have successfully graduated from post- traumatic stress disorder or other residential treatment programs and who have received adequate certification in service dog training. (g) Collection of Data.--The Secretary shall collect data on the pilot program required under subsection (a) to determine how effective the program is for the veterans participating in the program. Such data shall include data to determine how effectively the program assists veterans in-- (1) reducing stigma associated with post-traumatic stress disorder or other post-deployment mental health condition; (2) improving emotional regulation; (3) improving patience; (4) instilling or re-establishing a sense of purpose; (5) providing an opportunity to help fellow veterans; (6) reintegrating into the community; (7) exposing the dog to new environments and in doing so, helping the veteran reduce social isolation and withdrawal; (8) building relationship skills, including parenting skills; (9) relaxing the hyper-vigilant survival state; (10) improving sleep patterns; and (11) enabling veterans to decrease the use of pain medication. (h) Reports to Congress.--Not later than one year after the date of the commencement of the pilot program under subsection (a), and each year thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (1) the number of veterans participating in the pilot program; (2) a description of the services carried out by the Secretary under the pilot program; (3) the effects that participating in the pilot program has on the following-- (A) symptoms of post-traumatic stress disorder and post-deployment adjustment difficulties, including depression, maintenance of sobriety, suicidal ideations, and homelessness; (B) potentially relevant physiological markers that possibly relate to the interactions with the service dogs; (C) family dynamics; (D) insomnia and pain management; and (E) overall well being; and (4) the recommendations of the Secretary with respect to the extension or expansion of the pilot program. (i) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor who provides the direct training of veterans with post-traumatic stress disorder and other post-deployment issues in the art and science of service dog training and handling.

Veterans Dog Training Therapy Act - Directs the Secretary of Veterans Affairs to carry out a pilot program for assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder symptoms through a therapeutic medium of service dog training and handling for veterans with disabilities. Requires such program to be carried out at Department of Veterans Affairs (VA) medical centers that can provide training areas for such purposes.

To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy.

SECTION 1. JUDICIAL STRUCTURE OF GUAM. (a) Judicial Authority; Courts.--Section 22(a) of the Organic Act of Guam (48 U.S.C. 1424(a)) is amended to read as follows: ``(a)(1) The judicial authority of Guam shall be vested in a court established by Congress designated as the `District Court of Guam', and a judicial branch of Guam which branch shall constitute a unified judicial system and include an appellate court designated as the `Supreme Court of Guam', a trial court designated as the `Superior Court of Guam', and such other lower local courts as may have been or shall hereafter be established by the laws of Guam. ``(2) The Supreme Court of Guam may, by rules of such court, create divisions of the Superior Court of Guam and other local courts of Guam. ``(3) The courts of record for Guam shall be the District Court of Guam, the Supreme Court of Guam, the Superior Court of Guam (except the Traffic and Small Claims divisions of the Superior Court of Guam) and any other local courts or divisions of local courts that the Supreme Court of Guam shall designate.''. (b) Jurisdiction and Powers of Local Courts.--Section 22A of the Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows: ``Sec. 22A. (a) The Supreme Court of Guam shall be the highest court of the judicial branch of Guam (excluding the District Court of Guam) and shall-- ``(1) have original jurisdiction over proceedings necessary to protect its appellate jurisdiction and supervisory authority and such other original jurisdiction as the laws of Guam may provide; ``(2) have jurisdiction to hear appeals over any cause in Guam decided by the Superior Court of Guam or other courts established under the laws of Guam; ``(3) have jurisdiction to issue all orders and writs in aid of its appellate, supervisory, and original jurisdiction, including those orders necessary for the supervision of the judicial branch of Guam; ``(4) have supervisory jurisdiction over the Superior Court of Guam and all other courts of the judicial branch of Guam; ``(5) hear and determine appeals by a panel of three of the justices of the Supreme Court of Guam and a concurrence of two such justices shall be necessary to a decision of the Supreme Court of Guam on the merits of an appeal; ``(6) make and promulgate rules governing the administration of the judiciary and the practice and procedure in the courts of the judicial branch of Guam, including procedures for the determination of an appeal en banc; and ``(7) govern attorney and judicial ethics and the practice of law in Guam, including admission to practice law and the conduct and discipline of persons admitted to practice law. ``(b) The Chief Justice of the Supreme Court of Guam-- ``(1) shall preside over the Supreme Court unless disqualified or unable to act; ``(2) shall be the administrative head of, and have general supervisory power over, all departments, divisions, and other instrumentalities of the judicial branch of Guam; and ``(3) may issue such administrative orders on behalf of the Supreme Court of Guam as necessary for the efficient administration of the judicial branch of Guam. ``(c) The Chief Justice of the Supreme Court of Guam, or a justice sitting in place of such Chief Justice, may make any appropriate order with respect to-- ``(1) an appeal prior to the hearing and determination of that appeal on the merits; or ``(2) dismissal of an appeal for lack of jurisdiction or failure to take or prosecute the appeal in accordance with applicable laws or rules of procedure. ``(d) Except as granted to the Supreme Court of Guam or otherwise provided by this Act or any other Act of Congress, the Superior Court of Guam and all other local courts established by the laws of Guam shall have such original and appellate jurisdiction over all causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam under section 22 of this Act. ``(e) The qualifications and duties of the justices and judges of the Supreme Court of Guam, the Superior Court of Guam, and all other local courts established by the laws of Guam shall be governed by the laws of Guam and the rules of such courts.''. (c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as the Supreme Court of Guam,'' after ``appellate court authorized by section 22A(a) of this Act,''. (2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d)) is amended-- (A) by inserting ``, which is known as the Supreme Court of Guam,'' after ``appellate court provided for in section 22A(a) of this Act''; and (B) by striking ``taken to the appellate court'' and inserting ``taken to such appellate court''. SEC. 2. APPEALS TO UNITED STATES SUPREME COURT. Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is amended by striking ``: Provided, That'' and all that follows through the end and inserting a period.

Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam. Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States).

To amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Heroes of 9/11 Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) since September 11, 2001, the United States has been engaged in a war different from any other in the history of our Nation; (2) in the eyes of the terrorists, we are all the enemy, and the term ``innocent civilian'' has no meaning for such terrorists; (3) the deaths by airplane at the World Trade Center, at the Pentagon, and in rural Pennsylvania represent an escalation of direct terrorist attacks on civilians; (4) the officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City and perished as a result of the tragic events of September 11, 2001 (including those who are missing and presumed dead), took heroic and noble action on that day; (5) the officers, emergency rescue workers, and employees of local and United States Government agencies, who responded to the attack on the Pentagon in Washington, D.C., took heroic and noble action to evacuate the premises and prevent further casualties of Pentagon employees; (6) the passengers and crew of United Airlines Flight 93, recognizing the potential danger that the aircraft that they were aboard posed to large numbers of innocent Americans, American institutions, and the symbols of American democracy, took heroic and noble action to ensure that the aircraft could not be used as a weapon; and (7) given the unprecedented nature of the attacks against the United States of America and the need to properly demonstrate the support of the country for the victims of terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal. SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS. (a) Presentation Authorized.--The President is authorized, on behalf of Congress, to award to the personal representative or next of kin of each individual referred to in subsection (c), a medal of appropriate design, such medal to be known as the ``Fallen Heroes of 9/ 11 Congressional Medal'', in recognition of the sacrifice made by each such individual, and to honor their deaths on and following September 11, 2001. (b) Design and Striking.-- (1) In general.--For purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 3 medals, of such content and with such suitable emblems, devices, and inscriptions as the Secretary determines to be appropriate to be representative of and in honor of, respectively-- (A) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (B) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (C) victims at the Pentagon, including the hijack victims. (2) Consultation.--Before making a final determination with respect to the design of the medal under this subsection, the Secretary shall consult with the Secretary of Defense and such other parties as the Secretary may determine to be appropriate. (c) Eligibility To Receive Medal.-- (1) In general.--Any individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, shall be eligible for a medal authorized by subsection (a). (2) Determination.--Eligibility under paragraph (1) shall be determined by the Secretary, in consultation with such other officers of the United States Government and State and local officials as the Secretary determines to be appropriate. SEC. 4. DUPLICATE MEDALS. (a) Recipients of Duplicate Medals.--The Secretary shall strike duplicates of the medals struck pursuant to section 3 for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each person referred to in subsection (b) was assigned on September 11, 2001, for permanent display in each such place in a manner befitting the memory of such person. (b) Public Safety, Emergency, and Other Workers.--Persons referred to in this subsection are officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City on September 11, 2001, and perished as a direct result of that act of terrorism (including those who are missing and presumed dead). SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS. (a) Initial Lists.--Before the end of the 120-day period beginning on the date of enactment of this Act, the Secretary shall establish-- (1) a list of the names of individuals eligible to receive a medal under section 3(c)(1), during the period beginning on September 11, 2001, and ending on the date of enactment of this Act; and (2) a list of the eligible recipients of a duplicate medal under section 4. (b) Subsequent Eligibility.--If any individual becomes eligible for a medal under section 3(c)(1), or any other recipient becomes eligible for a duplicate medal under section 4, the Secretary shall promptly add the name of that individual or recipient to the appropriate list established pursuant to subsection (a). SEC. 6. SALES OF DUPLICATE MEDALS TO THE PUBLIC TO DEFRAY COSTS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates of the medals struck under this Act, at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 7. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Fallen Heroes of 9/11 Act - Authorizes the President to award a medal to be known as the "Fallen Heroes of 9/11 Congressional Medal," to the personal representative or next of kin of individuals killed as a result of the terrorist attacks of September 11, 2001, in recognition of their sacrifice and to honor their deaths. Instructs the Secretary of the Treasury to strike three medals, to be representative of and in honor of, respectively: (1) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (2) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (3) victims at the Pentagon, including the hijack victims. Declares eligible for such medal any individual who died on or after September 11, 2001, as a direct result of that act of terrorism within the United States. States the medals are national medals.

A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Involvement in Campaigns Act of 2002''. SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CREDIT FOR POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to all political contributions paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) shall not exceed $200 ($400 in the case of a joint return). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed with respect to any political contribution only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. ``(c) Definitions.--For purposes of this section-- ``(1) Political contribution.--The term `political contribution' means a contribution or gift of money, or the fair market value of a contribution or gift of property, to-- ``(A) an individual who is a candidate for nomination or election to any Federal elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office, or ``(B) the national committee of a national political party. ``(2) Candidate.--The term `candidate' means, with respect to any Federal elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(3) National political party.--The term `national political party' means-- ``(A) in the case of political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or ``(B) in the case of political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit allowed under this section. ``(e) Cross References.-- ``For transfer of appreciated property to a political organization, see section 84. ``For certain indirect contributions to political parties, see section 276.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for political contributions.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. SEC. 3. DEDUCTION FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified political contributions made by the taxpayer during the taxable year. ``(b) Limitation.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $600 ($1200 in the case of a joint return). ``(c) Qualified Political Contribution.--For purposes of this section, the term `qualified political contribution' shall have the meaning given the term `political contribution' by section 25C(c)(1).''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new item: ``(19) Qualified political contributions.--The deduction allowed by section 223.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Political contributions. ``Sec. 224. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted.

Citizen Involvement in Campaigns Act of 2002 - Permits an individual a tax credit of up to $200 ($400 in the case of a joint return), equal to the verified amount of certain political contributions the individual made during the taxable year. Denies a deduction for any amount taken into account in determining the credit permitted in this Act.Allows a deduction of up to $600 ($1200 for a joint return). Allows the deduction whether or not a taxpayer itemizes other deductions.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Medical Assistance Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102(a)(2) of title 49, United States Code. (3) Aircraft.--The term ``aircraft'' has the meaning given that term in section 40102(a)(6) of title 49, United States Code. (4) Airport.--The term ``airport'' has the meaning given that term in section 40102(a)(9) of title 49, United States Code. (5) Foreign air transportation.--The term ``foreign air transportation'' has the meaning given that term in section 40102(a)(23) of title 49, United States Code. (6) Interstate air transportation.--The term ``interstate air transportation'' has the meaning given that term in section 40102(a)(25) of title 49, United States Code. (7) Major air carrier.--The term ``major air carrier'' means an air carrier that-- (A) has been issued an applicable certificate as an air carrier under section 41102 of title 49, United States Code; and (B) during the 12-month period ending March 31 of the most recent year preceding the date of enactment of this Act, accounted for at least 1 percent of domestic- scheduled passenger revenues, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations. (8) Medically qualified individual.--The term ``medically qualified individual'' includes any individual who is licensed, certified, or otherwise qualified to provide medical care in a State, including an ambulance attendant. SEC. 3. MEDICAL KIT EQUIPMENT AND TRAINING. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator shall review and reevaluate regulations of the Federal Aviation Administration regarding-- (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of the equipment. (b) Regulations.--If, on the basis of a review conducted under subsection (a), the Administrator determines that it is necessary to issue revised regulations, the Administrator shall issue a notice of proposed rulemaking to issue those revised regulations. SEC. 4. REPORTS REGARDING DEATHS ON AIRCRAFT. During the 1-year period beginning on the 90th day following the date of enactment of this Act, a major air carrier shall make a good faith effort to obtain, and shall submit, on a monthly basis, a report to the Administrator that provides information concerning-- (1) the number of individuals who died on aircraft of the air carrier, including any individual who was declared dead after being removed from such an aircraft as a result of a medical incident that occurred on that aircraft; (2) the age of each individual described in paragraph (1); (3)(A) with respect to each individual described in paragraph (1), whether the primary cause of death was a cardiac arrest; and (B) if the primary cause of death of an individual described in paragraph (1) was a cardiac arrest, whether the cardiac arrest was the result of ventricular fibrillation; (4) with respect to each death or medical incident that occurred on an aircraft referred to in paragraph (1), whether the aircraft was diverted as a result of the death or incident; and (5) such other information as the Administrator may request as necessary to aid in a decision concerning whether to require automatic external defibrillators-- (A) in airports; (B) on aircraft operated by air carriers; or (C) in airports and on aircraft described in subparagraph (B). SEC. 5. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS. (a) In General.--Not later than 120 days after the last day of the 1-year period described in section 4, the Administrator shall make a decision concerning whether automatic external defibrillators should be required-- (1) in airports; (2) on aircraft operated by air carriers; or (3) in airports and on aircraft described in paragraph (2). (b) Form of Decision.-- (1) In general.--If the Administrator decides under subsection (a) that automatic external defibrillators should be required in airports or aircraft described in that subsection, the Administrator shall, with respect to each such requirement-- (A) issue proposed regulations to implement the requirement; or (B) submit to Congress proposed legislation to implement the requirement. (2) Notice.--If the Administrator decides under subsection (a) that automatic external defibrillators should not be required in airports or on aircraft described in that subsection, the Administrator shall publish in the Federal Register a notice of that decision. (c) Contents.--If the Administrator decides that automatic external defibrillators should be required-- (1) on aircraft operated by air carriers, a proposed regulation described in subsection (b)(1)(A) or recommendation for proposed legislation described in subsection (b)(1)(B) shall include information with respect to-- (A) the size of the aircraft on which those defibrillators should be required; (B) the class flights (whether interstate or foreign air transportation, or both) on which those defibrillators should be required; (C) the training that should be required for air carrier personnel in the use of those defibrillators; and (D) the associated equipment and medication that should be required to be carried in each aircraft medical kit; and (2) at airports, a proposed regulation described in subsection (b)(1)(A) or recommendation for proposed legislation described in subsection (b)(1)(B) shall include information with respect to-- (A) the size of the airport at which those defibrillators should be required; (B) the training that should be required for airport personnel in the use of those defibrillators; and (C) the associated equipment and medication that should be required at each airport. (d) Limitation.--The Administrator may not require automatic external defibrillators on helicopters and on aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less. SEC. 6. LIABILITY OF INDIVIDUALS. (a) In General.--Except as provided in subsection (b), an individual shall not be liable for damages in any action brought in a Federal or State court arising from an act or omission of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency. (b) Exception.--The exemption under subsection (a) shall not apply in any case in which an individual provides, or attempts to provide the assistance referred to in that paragraph in a manner that constitutes gross negligence or willful misconduct.

Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration (FAA) to review and reevaluate FAA regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any revisions to such regulations as a result of such reevaluation. Requires major air carriers to make a good faith effort to report monthly to the Administrator, over the course of a year, regarding deaths on aircrafts. Requires the Administrator to make a decision whether automatic external defibrillators should be required on aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less. Declares that an individual shall not be liable for damages in any action brought in Federal or State court arising out of acts or omissions in providing or attempting to provide assistance to a passenger in an in-flight medical emergency, except for gross negligence or willful misconduct.

Aviation Medical Assistance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximize Offshore Resource Exploration Act of 2008'' or the ``MORE Act of 2008''. SEC. 2. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND WITHDRAWALS FROM, OFFSHORE OIL AND GAS LEASING. (a) Prohibitions on Expenditures.--All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct oil and natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect with respect to such activities. (b) Revocation Withdrawals.--All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil and natural gas. SEC. 3. OUTER CONTINENTAL SHELF OIL AND NATURAL GAS LEASING PROGRAM. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following: ``SEC. 10. STATE APPROVAL REQUIREMENT WITH RESPECT TO OIL AND NATURAL GAS LEASING. ``(a) In General.--The Secretary may not issue any lease authorizing exploration for, or development of, oil and natural gas in any area of the outer Continental Shelf that is located within 25 miles of the coastline of a State unless the State has enacted a law approving of the issuance of such leases by the Secretary. ``(b) State Approval Permanent.--Repeal of such a law by a State shall have no effect for purposes of subsection (a).''. SEC. 4. SHARING OF REVENUES. (a) In General.--Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended-- (1) in paragraph (2) by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (6), and notwithstanding''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and (3) by inserting after paragraph (5) the following: ``(6) Royalties under qualified oil and gas leases.-- ``(A) In general.--Except as provided in subparagraph (B), of amounts received by the United States as royalties under any qualified oil and gas lease on submerged lands that are located within the seaward boundaries of a State established under section 4(a)(2)(A)-- ``(i) 25 percent shall be deposited in the general fund of the Treasury; and ``(ii) 75 percent shall be paid to the States that are producing States with respect to those submerged lands. ``(B) Lease tracts within 25 miles of the coastline.--Of amounts received by the United States as royalties under any qualified oil and gas lease on submerged lands that are located within 25 miles of the coastline of a State and within the seaward boundaries of a State established under section 4(a)(2)(A)-- ``(i) 10 percent shall be deposited in the general fund of the Treasury; and ``(ii) 90 percent shall be paid to the States that are producing States with respect to those submerged lands. ``(C) Leased tract that lies partially within the seaward boundaries of a state.--In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of royalties from such tract that are subject to subparagraph (A) or (B), as applicable, with respect to such State shall be a percentage of the total amounts of royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. ``(D) Definitions.--In this paragraph: ``(i) Adjacent state.--The term `adjacent State' means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. ``(ii) Adjacent zone.--The term `adjacent zone' means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. ``(iii) Producing state.--The term `producing State' means an Adjacent State having an adjacent zone containing leased tracts from which are derived royalties under a lease under this Act. ``(iv) State.--The term `State' includes Puerto Rico and the other territories of the United States. ``(v) Qualified oil and gas lease.--The term `qualified oil and gas lease' means a lease under this Act granted after the date of the enactment of the Maximize Offshore Resource Exploration Act of 2008 that authorizes development and production of oil and natural gas and associated condensate. ``(E) Application.--This paragraph shall apply to royalties received by the United States after September 30, 2008.''. (b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``, and the President'' and all that follows through the end of the sentence and inserting the following: ``. Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled `Alaska OCS Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS Region State Adjacent Zones and OCS Planning Areas', all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109- 432) of qualified outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section.''.

Maximize Offshore Resource Exploration Act of 2008, or the MORE Act of 2008 - Declares without force or effect all federal prohibitions against the expenditure of appropriated funds to conduct natural gas leasing and pre-leasing activities for any area of the Outer Continental Shelf (OCS). Revokes all withdrawals of federal submerged lands from leasing for oil and natural gas exploration and production. Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from granting an oil or natural gas lease for any OCS located within 25 miles of a state coastline unless the state has enacted a law approving the issuance of such leases by the Secretary. Sets forth an allocation schedule for a 75% state share of revenues derived from U.S. royalties under qualified oil and gas leases on submerged lands located within the seaward boundaries of a state. Extends the jurisdiction of state civil and criminal law, as appropriate, to the Alaska, Pacific, Gulf of Mexico, and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas.

To greatly enhance the Nation's environmental, energy, economic, and national security by terminating long-standing Federal prohibitions on the domestic production of abundant offshore supplies of oil and natural gas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Goods Job Growth and Competitiveness Act of 2006''. SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR BUSINESS. (a) In General.--Except as otherwise provided in this Act-- (1) no civil action may be filed against the manufacturer or seller of a durable good for damage to property allegedly caused by that durable good if the damage to property occurred more than 12 years after the date on which the durable good was delivered to its first purchaser or lessee; and (2) no civil action may be filed against the manufacturer or seller of a durable good for damages for death or personal injury allegedly caused by that durable good if the death or personal injury occurred more than 12 years after the date on which the durable good was delivered to its first purchaser or lessee and if-- (A) the claimant has received or is eligible to receive worker compensation; and (B) the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm). (b) Exceptions.-- (1) In general.--A motor vehicle, vessel, aircraft, or train, that is used primarily to transport passengers for hire, shall not be subject to this Act. (2) Certain express warranties.--This Act does not bar a civil action against a defendant who made an express warranty in writing, for a period of more than 12 years, as to the safety or life expectancy of a specific product, except that this Act shall apply at the expiration of that warranty. (3) Aviation limitations period.--This Act does not affect the limitations period established by the General Aviation Revitalization Act of 1994 (49 U.S.C. 40101 note). (4) Actions involving the environment.--Subsection (a)(1) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)). (5) Regulatory actions.--This Act does not affect regulatory enforcement actions brought by State or Federal agencies. (6) Actions involving fraudulent concealment.--This Act does not bar a civil action against a manufacturer or seller of a durable good who fraudulently concealed a defect in the durable good. (c) Effect on State Law; Preemption.--Subject to subsection (b), this Act preempts and supersedes any State law that establishes a statute of repose to the extent such law applies to actions covered by this Act. Any action not specifically covered by this Act shall be governed by applicable State or other Federal law. (d) Transitional Provision Relating to Extension of Repose Period.--To the extent that this Act shortens the period during which a civil action could otherwise be brought pursuant to another provision of law, the claimant may, notwithstanding this Act, bring the action not later than 1 year after the date of the enactment of this Act. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means any person who brings an action covered by this Act and any person on whose behalf such an action is brought. If such an action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such an action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (2) Durable good.--The term ``durable good'' means any product, or any component of any such product, which-- (A)(i) has a normal life expectancy of 3 or more years; or (ii) is of a character subject to allowance for depreciation under the Internal Revenue Code of 1986; and (B) is-- (i) used in a trade or business; (ii) held for the production of income; or (iii) sold or donated to a governmental or private entity for the production of goods, training, demonstration, or any other similar purpose. (3) Fraudulently concealed.--With respect to a durable good, the term ``fraudulently concealed'' means that-- (A) the manufacturer or seller of the durable good had actual knowledge of a defect in the durable good; (B) the defect in the durable good was the proximate cause of the harm to the claimant; and (C) the manufacturer or seller of the durable good affirmatively suppressed or hid, with the intent to deceive or defraud, the existence of such defect. (4) Seller.--The term ``seller'' means any dealer, retailer, wholesaler, or distributer in the stream of commerce of a durable good concluding with the sale or lease of the durable good to the first end-user. (5) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, any other territory or possession of the United States, and any political subdivision of any of the foregoing. SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act without regard to whether the damage to property or death or personal injury at issue occurred before such date of enactment. (b) Application of Act.--This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act.

Workplace Goods Job Growth and Competitiveness Act of 2006 - Prohibits the filing of a civil action against a manufacturer or seller of a durable good (except a motor vehicle, vessel, aircraft, or train that is used primarily to transport passengers for hire) more than 12 years after it was delivered to its first purchaser or lessee for: (1) damage to property allegedly caused by that good; or (2) damages for death or personal injury allegedly caused by that good if the claimant has received or is eligible to receive worker compensation and the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm). Declares that this Act: (1) shall not bar an action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product for a period of more than 12 years (except that this Act shall apply at the expiration of such warranty); (2) does not affect the limitations period established by the General Aviation Revitalization Act of 1994; (3) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment; (4) does not affect regulatory enforcement actions brought by state or federal agencies; and (5) does not bar a civil action against a manufacturer or seller of a durable good who fraudulently concealed a defect in it.

To establish a statute of repose for durable goods used in a trade or business.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Accountability and Retired Employee Act of 2013'' or the ``CARE Act''. SEC. 2. AMENDMENT OF SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977. Section 402(i)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(2)) is amended-- (1) by striking ``Subject to'' and inserting the following: ``(A) In general.--Subject to''; and (2) by adding at the end the following: ``(B) Excess amounts.-- ``(i) In general.--Subject to paragraph (3), and after all transfers referred to in paragraph (1) and subparagraph (A) of this paragraph have been made, any amounts remaining after the application of paragraph (3)(A) (without regard to this subparagraph) shall be transferred to the trustees of the 1974 UMWA Pension Plan and used solely to pay pension benefits required under such plan. ``(ii) 1974 umwa pension plan.--In this subparagraph, the term `1974 UMWA Pension Plan' means a pension plan referred to in section 9701(a)(3) of the Internal Revenue Code of 1986 but without regard to whether participation in such plan is limited to individuals who retired in 1976 and thereafter.''. SEC. 3. ELIGIBILITY FOR 1992 UMWA BENEFIT PLAN. (a) In General.--Paragraph (2) of section 9712(b) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (A), by adding ``or'' at the end of subparagraph (B), and by inserting after subparagraph (B) the following new subparagraph: ``(C) but for this chapter, would be eligible to receive benefits from the 1974 UMWA Benefit Plan (other than an individual described in the last sentence of section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977) following a proceeding under title 11, United States Code, or other insolvency proceeding relating to the applicable last signatory operator, but who does not receive such coverage at levels at least equal to those described in section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 from such operator or any related person,''. (b) Conforming Amendments.--Paragraph (2) of section 9712(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``subparagraph (A) or (B)'' in the matter following subparagraph (C) (as added by this section) and inserting ``subparagraph (A), (B), or (C)'', and (2) by inserting ``under subparagraph (A) or (B)'' after ``health benefits coverage'' in the second sentence. SEC. 4. SPECIAL RULE FOR CERTAIN SUPPLEMENTAL BENEFIT PLANS. (a) In General.--Section 404 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(p) Special Rule for Certain Supplemental Benefit Plans.-- ``(1) In general.--If contributions are paid by an employer under a plan that provides supplemental benefits solely to participants in a plan described in subsection (c) (or a continuation thereof) that provides pension benefits, such contributions shall not be deductible under this section nor be made nondeductible by this section, but the deductibility thereof shall be governed solely by section 162 (relating to trade or business expenses). ``(2) Tax treatment of plan.--For purposes of this title, the trust holding the assets of a plan to which paragraph (1) applies shall be treated as an organization exempt from tax under section 501(a). ``(3) Special rule for payments other than to or from a trust.--For purposes of this subsection, payments made by an employer to the trustees of a plan described in paragraph (1), and benefits paid by the trustees of such plan, shall be treated as contributions paid to, and benefits paid from, such plan without regard to whether the contributions are paid into, or benefits paid from, the trust holding the assets of such plan.''. (b) Exclusion From Wages.-- (1) Payroll taxes.--Paragraph (5) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (H), by adding ``or'' at the end of subparagraph (I), and by adding at the end the following new subparagraph: ``(J) under a plan to which section 404(p)(1) applies;''. (2) Collection of income tax at source.--Paragraph (12) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: ``(F) under a plan to which section 404(p)(1) applies, or''. (3) Unemployment taxes.--Section 3306(b) of such Code is amended by striking ``or'' at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting ``; or'', and by adding at the end the following new paragraph: ``(21) any payment made to or for the benefit of an individual under a plan to which section 404(p)(1) applies.''.

Coal Accountability and Retired Employee Act of 2013 or CARE Act - Amends the Surface Mining Control and Reclamation Act of 1977 to transfer specified excess funds derived from coal mine operator-paid reclamation fees to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan for use solely to pay pension benefits required under such Plan. Amends the Internal Revenue Code to revise 1992 UMWA Benefit Plan eligibility requirements. Makes eligible for health benefits from the 1992 UMWA Benefit Plan an individual who would be eligible to receive benefits from the 1974 UMWA Benefit Plan (with a specified exception) following a bankruptcy or other insolvency proceeding of a coal mine operator, but who does not receive from that operator or any related person health benefits at least equal to those received under the Multiemployer Health Benefit Plan of the Surface Mining Control and Reclamation Act of 1977. Prescribes a special rule to state that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to the requirements for deduction as an allowable trade or business expense. Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization. Excludes from wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan.

CARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Geologic Mapping Reauthorization Act of 2005''. SEC. 2. FINDINGS. Section 2(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map exists for approximately 75 percent of the United States;''; and (2) in paragraph (2)-- (A) in subparagraph (C), by inserting ``homeland and'' after ``planning for''; (B) in subparagraph (E), by striking ``predicting'' and inserting ``identifying''; (C) in subparagraph (I), by striking ``and'' after the semicolon at the end; (D) by redesignating subparagraph (J) as subparagraph (K); and (E) by inserting after subparagraph (I) the following: ``(J) recreation and public awareness; and''; and (3) in paragraph (9), by striking ``important'' and inserting ``available''. SEC. 3. PURPOSE. Section 2(b) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ``and management'' before the period at the end. SEC. 4. DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL SURVEY. Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second sentence-- (1) in subparagraph (A), by striking ``not later than'' and all that follows through the semicolon and inserting ``not later than 1 year after the date of enactment of the National Geologic Mapping Reauthorization Act of 2005;''; (2) in subparagraph (B), by striking ``not later than'' and all that follows through ``in accordance'' and inserting ``not later than 1 year after the date of enactment of the National Geologic Mapping Reauthorization Act of 2005 in accordance''; and (3) in the matter preceding clause (i) of subparagraph (C), by striking ``not later than'' and all that follows through ``submit'' and inserting ``submit biennially''. SEC. 5. GEOLOGIC MAPPING PROGRAM OBJECTIVES. Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is amended-- (1) by striking ``geophysical-map data base, geochemical- map data base, and a''; and (2) by striking ``provide'' and inserting ``provides''. SEC. 6. GEOLOGIC MAPPING PROGRAM COMPONENTS. Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii)) is amended-- (1) in subclause (I), by striking ``and'' after the semicolon at the end; (2) in subclause (II), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(III) the needs of land management agencies of the Department of the Interior.''. SEC. 7. GEOLOGIC MAPPING ADVISORY COMMITTEE. (a) Membership.--Section 5(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended-- (1) in paragraph (2)-- (A) by inserting ``the Secretary of the Interior or a designee from a land management agency of the Department of the Interior,'' after ``Administrator of the Environmental Protection Agency or a designee,''; (B) by inserting ``and'' after ``Energy or a designee,''; and (C) by striking ``, and the Assistant to the President for Science and Technology or a designee''; and (2) in paragraph (3)-- (A) by striking ``Not later than'' and all that follows through ``consultation'' and inserting ``In consultation''; (B) by striking ``Chief Geologist, as Chairman'' and inserting ``Associate Director for Geology, as Chair''; and (C) by striking ``one representative from the private sector'' and inserting ``2 representatives from the private sector''. (b) Duties.--Section 5(b) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and''. (c) Conforming Amendment.--Section 5(a)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by striking ``10- member'' and inserting ``11-member''. SEC. 8. FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE. Section 7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is amended-- (1) in paragraph (1), by striking ``geologic map'' and inserting ``geologic-map''; and (2) in paragraph (2), by striking subparagraph (A) and inserting the following: ``(A) all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the Federal, State, and education components;''. SEC. 9. BIENNIAL REPORT. Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking ``Not later'' and all that follows through ``biennially'' and inserting ``Not later than 3 years after the date of enactment of the National Geologic Mapping Reauthorization Act of 2005 and biennially''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION. Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--There is authorized to be appropriated to carry out this Act $64,000,000 for each of fiscal years 2006 through 2015.''; and (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``2000'' and inserting ``2005''; (B) in paragraph (1), by striking ``48'' and inserting ``50''; and (C) in paragraph (2), by striking 2 and inserting ``4''. Passed the Senate November 16, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 485 _______________________________________________________________________ AN ACT To reauthorize and amend the National Geologic Mapping Act of 1992.

National Geologic Mapping Reauthorization Act of 2005 - Amends the National Geologic Mapping Act of 1992 to extend deadlines for development of a five-year strategic plan for the geologic mapping program and for appointment of the advisory committee. Removes from program objectives the development of a geophysical- and geochemical-map database. Directs that mapping priorities be based in part on the needs of the Department of the Interior land management agencies. Modifies the composition of the advisory committee and increases the number of members on such committee. Requires the advisory committee to provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by federal agencies for regulation or land-use planning. Directs that the national geologic map database include all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the federal, state, and education components. Authorizes appropriations for each of FY2006-FY2015. Increases the percentages allocated for the state and education components.

A bill to reauthorize and amend the National Geologic Mapping Act of 1992.

SECTION 1. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT. (a) In General.--The Secretary of Health and Human services may make grants for the purchase of ultrasound equipment. Such ultrasound equipment shall be used by the recipients of such grants to provide, under the direction and supervision of a licensed medical physician, free ultrasound examinations to pregnant woman needing such services. (b) Eligibility Requirements.--An entity may receive a grant under subsection (a) only if the entity meets the following conditions: (1) The entity is a nonprofit private organization that is approved by the Internal Revenue Service as a tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of 1986. (2) The entity operates as a community based pregnancy help medical clinic, as defined in subsection (f). (3) The entity provides medical services to pregnant women under the guidance and supervision of a physician who serves as the medical director of the clinic and is duly licensed to practice medicine in the State in which the entity is located. (4) The entity is legally qualified to provide such medical services to pregnant women and is in compliance with all Federal, State, and local requirements for the provision of such services. (5) The entity agrees to comply with the following medical procedures: (A) Each pregnant woman upon whom the ultrasound equipment is used will be shown the visual image of the fetus from the ultrasound examination and will be given a general anatomical and physiological description of the characteristics of the fetus. (B) Each pregnant woman will be given, according to the best medical judgment of the physician performing the ultrasound examination or the physician's agent performing such exam, the approximate age of the embryo or fetus considering the number of weeks elapsed from the probable time of the conception of the embryo or fetus, based upon the information provided by the client as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests. (C) Each pregnant woman will be given information on abortion and alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will assist in those alternatives. (D) The entity will obtain and maintain medical malpractice insurance in an amount not less than $1,000,000, and such insurance will cover all activities relating to the use of the ultrasound machine purchased with the grant under subsection (a). (6) The entity does not receive more than 30 percent of its gross annual revenue from a single source or donor. (c) Limitation on Individual Grant Amount.--No grant under subsection (a) may be made in an amount that exceeds an amount equal to 50 percent of the purchase price cost of the ultrasound machine involved, or $20,000, whichever is less. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Annual Report to Secretary.--A grant may be made under subsection (a) only if the applicant for the grant agrees to report on an annual basis to the Secretary, in such form and manner as the Secretary may require, on the ongoing compliance of the applicant with the eligibility conditions established in subsection (b). (f) Definitions.--For purposes of this Act: (1) The term ``community based pregnancy help medical clinic'' means a facility that-- (A) provides free medical services to pregnant women under the supervision and direction of a licensed physician who serves as the medical director for such clinic; and (B) does not charge for any services rendered to its clients, whether or not such services are for pregnancy or nonpregnancy related matters. (2) The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.

Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community based pregnancy help medical clinics to purchase ultrasound equipment to provide free examinations to pregnant women, under the direction and supervision of a licensed medical physician. Conditions eligibility on a clinic agreeing to provide each examined woman a visual image, the age, and a physical description of the fetus and information on abortion and alternatives.

To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Second Chance Act of 2007''. SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO WITHDRAW AN ELECTION NOT TO PARTICIPATE IN THE MONTGOMERY GI BILL EDUCATION PROGRAM. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a) Opportunity To Enroll.--(1) Notwithstanding any other provision of this chapter, during the month of October in any year, beginning with 2007, (hereinafter in this section referred to as the `open season') a qualified individual (described in subsection (b)) may make an irrevocable election under this section to become entitled to basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) Qualified Individual.--A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before, on, or after July 1, 1985. ``(2) The individual has served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member. ``(3) The individual is serving on active duty during the open season of the year involved. ``(4) The individual, before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(5) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c) Enrollment Fee.--(1) Subject to the succeeding provisions of this subsection, with respect to a qualified individual who makes an election under this section to become entitled to basic educational assistance under this chapter-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $1,200; and ``(B) to the extent that basic pay is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(5), at the election of the qualified individual-- ``(i) the Secretary concerned shall collect from the qualified individual; or ``(ii) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by, an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under this section, for the qualified individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) Limitation.--With respect to qualified individuals referred to in subsection (c)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under clause (i) of such subsection; or ``(2) the retired or retainer pay of the qualified individual is first reduced under clause (ii) of such subsection. ``(e) Notice Required.--The Secretary concerned, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--(1) Sections 3011(c)(1) and 3012(d)(1) of such title are each amended by striking ``Any individual'' in the third sentence and inserting ``Subject to section 3018D of this title, any individual''. (2) Section 3015(f) of such title is amended by striking ``or 3018C'' and inserting ``3018C, or 3018D''. (3) Section 3017(b)(1) of such title is amended-- (A) in subparagraph (A), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(d)''; (B) in subparagraph (B), by inserting ``or 3018D(d)'' after ``3018C(e)''; or (C) in subparagraph (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(d)''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity for certain active-duty personnel to enroll.''.

Montgomery GI Bill Second Chance Act of 2007 - Authorizes certain members of the Armed Forces to make an irrevocable election during October of any year beginning in 2005 to become entitled to basic educational assistance under the Montgomery GI Bill. Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay. Requires the Secretary concerned, in conjunction with the Secretary of Defense, to provide notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill.

To amend title 38, United States Code, and title 10, United States Code, to provide for an opportunity for active duty personnel to withdraw an election not to participate in the program of educational assistance under the Montgomery GI Bill.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Recovery from Trauma Act''. SEC. 2. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS. Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is amended to read as follows: ``SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS. ``(a) In General.--The Secretary shall award grants, contracts or cooperative agreements to public and nonprofit private entities, as well as to Indian tribes and tribal organizations, for the purpose of developing and maintaining programs that provide for-- ``(1) the continued operation of the National Child Traumatic Stress Initiative (referred to in this section as the `NCTSI') and focus on the mental, behavioral, and biological aspects of psychological trauma response; and ``(2) the development of knowledge with regard to evidence- based practices for identifying and treating mental, behavioral, and biological disorders of children and youth resulting from witnessing or experiencing a traumatic event. ``(b) Priorities.--In awarding grants, contracts or cooperative agreements under subsection (a)(2) (related to the development of knowledge on evidence-based practices for treating mental, behavioral, and biological disorders associated with psychological trauma), the Secretary shall give priority to universities, hospitals, mental health agencies, and other community-based child-serving programs that have established clinical and research experience in the field of trauma- related mental disorders. ``(c) Coordinating Center.--In carrying out subsection (a), the Secretary shall award one cooperative agreement to a comprehensive national coordinating center to oversee NCTSI activities (in this section referred to as the `NCTSI coordinating center'). ``(d) Child Outcome Data.--The NCTSI coordinating center shall collect, analyze, and report NCTSI-wide child outcome and process data for the purpose of establishing the effectiveness, implementation, and clinical utility of early identification and delivery of evidence-based treatment and services delivered to children and families served by the NCTSI grantees. ``(e) Training.--The NCTSI coordinating center shall oversee the continuum of interprofessional training initiatives in evidence-based and trauma-informed treatments, interventions, and practices offered to NCTSI grantees and providers in all child-serving systems. ``(f) Prevention.--The NCTSI coordinating center shall include a focus on the development of prevention services and resources as they relate to the prevention of exposure to traumatic events and to early intervention programs focused on the prevention of the long term consequences of child trauma. ``(g) Research.--The NCTSI coordinating center shall establish an ongoing collaboration with Federal research institutions, including at the National Institutes of Health and the Centers for Disease Control and Prevention, for the purpose of sharing NCTSI expertise and evaluation data, conducting joint evaluation projects, and informing national research priorities related to child trauma. ``(h) Dissemination.--The NCTSI coordinating center shall collaborate with the Secretary in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources to all child-serving systems, collaborating Federal agencies, and policymakers. ``(i) Review.--The Secretary shall establish consensus-driven, in- person or teleconference review of NCTSI applications by child trauma experts and review criteria related to expertise and experience related to child trauma and evidence-based practices. ``(j) Geographical Distribution.--The Secretary shall ensure that grants, contracts or cooperative agreements under subsection (a) are distributed equitably among the regions of the United States and among urban and rural areas. Notwithstanding the previous sentence, expertise and experience in the field of trauma-related disorders shall be prioritized in the awarding of such grants as required under subsection (b). ``(k) Evaluation.--The Secretary, as part of the application process, shall require that each applicant for a grant, contract or cooperative agreement under subsection (a) submit a plan for the rigorous evaluation of the activities funded under the grant, contract or agreement, including both process and outcome evaluation, and the submission of an evaluation at the end of the project period. ``(l) Duration of Awards.--With respect to a grant, contract or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. Such grants, contracts, or cooperative agreements may be renewed. Expertise and experience in the field of trauma-related disorders shall be a priority for new and continuing awards. ``(m) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2016 through 2020.''.

Children's Recovery from Trauma Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to support programs that provide for the continued operation of the National Child Traumatic Stress Initiative (NCTSI) and for research on evidence-based practices for identifying and treating children and youth with mental, behavioral, and biological disorders resulting from witnessing or experiencing a traumatic event. HHS must award a cooperative agreement to a comprehensive national coordinating center to oversee NCTSI activities. The NCTSI coordinating center must: (1) collect, analyze, and report data to establish the effectiveness of early identification and delivery of treatment and services; (2) focus on the development of services and resources to prevent the long-term consequences of child trauma; (3) collaborate with federal research institutions; and (4) collaborate with HHS in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources.

Children's Recovery from Trauma Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Family Enterprise Preservation Act of 1995''. SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS FOR FAMILY ENTERPRISES. (a) Estate Tax.--Section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, by inserting after subsection (a) the following new subsection: ``(b) Additional Credit for Family Enterprises.--The amount of the credit allowable under subsection (a) shall be increased by an amount equal to the value of any family enterprise property (as defined in section 2032B(b)) included in the decedent's gross estate, to the extent the additional credit does not exceed $121,800.'' (b) Gift Tax.--Section 2505 of such Code (relating to unified credit against gift tax) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Additional Credit for Family Enterprises.--The amount of the credit allowable under subsection (a) for each calendar year shall be increased by an amount equal to-- ``(1) the value of taxable gifts of family enterprise property (as defined in section 2032B(b)), to the extent the additional credit does not exceed $121,800, reduced by ``(2) the sum of the amounts allowable as a credit to the individual under this subsection for all preceding calendar periods.'' (c) Effective Dates.-- (1) Estate tax credit.--The amendments made by subsection (a) shall apply to the estates of decedents dying after December 31, 1995. (2) Gift tax credit.--The amendments made by subsection (b) shall apply to gifts made after December 31, 1995. SEC. 3. INCREASE IN ANNUAL GIFT TAX EXCLUSION. (a) In General.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Additional Exclusion From Gifts.--The amount of the exclusion allowable under subsection (b) during a calendar year shall be increased by an amount equal to the value of gifts of family enterprise property (as defined in section 2032B(b)) made during such year, to the extent such value does not exceed $10,000.'' (b) Effective Date.--The amendments made by this section shall apply to gifts made after December 31, 1995. SEC. 4. FAMILY ENTERPRISE INTERESTS. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2032A the following new section: ``SEC. 2032B. FAMILY ENTERPRISE PROPERTY. ``(a) General Rule.--The value of family enterprise property included in the gross estate of a decedent who is a citizen or resident of the United States shall be-- ``(1) the value of such property, reduced by ``(2) the lesser of-- ``(A) 50 percent of the value of such property, or ``(B) $1,000,000. ``(b) Family Enterprise Property.-- ``(1) In general.--For purposes of this section, the term `family enterprise property' means any interest in real or personal property which is devoted to use as a farm or used for farming purposes (within the meaning of paragraphs (4) and (5) of section 2032A(e)) or is used in any other trade or business, if at least 80 percent of the ownership interests in such farm or other trade or business is held-- ``(A) by 5 or fewer individuals, or ``(B) by individuals who are members of the same family within the meaning of section 2032A(e)(2)). ``(2) Limited partnership interest excluded.--An interest in a limited partnership, other than a family limited partnership, shall in no event be treated as family enterprise property. ``(c) Tax Treatment of Dispositions and Failure To Use for Qualifying Use.-- ``(1) Imposition of additional estate tax.--With respect to family enterprise property acquired from or passed from the decedent to an individual, if within 10 years after the decedent's death and before the death of such individual-- ``(A) such individual disposes of any interest in such property (other than by a disposition to a member of the individual's family), or ``(B) such individual or a member of the individual's family ceases to participate in the active management of such property, then there is hereby imposed an additional estate tax. ``(2) Amount of additional tax.--The amount of the additional tax imposed by paragraph (1) with respect to any interest in family enterprise property shall be-- ``(A) the amount determined under section 2032A(c)(2) with respect to such interest, reduced by ``(B) 5 percent of the amount described in subparagraph (A) for each year following the date of the decedent's death in which the individual described in paragraph (1) or a member of the individual's family participated in the active management of such family enterprise property. Rules similar to the rules of paragraphs (3), (4), and (5) of section 2032A(c) shall apply to such tax. ``(3) Active management.--For purposes of this subsection, the term `active management' means the making of the management decisions of a business other than the daily operating decisions.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2032A the following new item: ``Sec. 2032B. Family enterprise property.'' (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after December 31, 1995. SEC. 5. VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY. (a) In General.--Section 2032A(a)(2) of the Internal Revenue Code of 1986 (relating to limitation on aggregate reduction in fair market value) is amended by striking ``$750,000'' and inserting ``$1,000,000''. (b) Effective Date.--The amendment made by this section shall apply to the estates of decedents dying after December 31, 1995.

National Family Enterprise Preservation Act of 1995 - Amends the Internal Revenue Code to increase the estate tax credit and the gift tax credit by amounts equal to the value of any family enterprise property, with limitations. Increases the gift tax exclusion by the value of gifts of family enterprise property, with limitations. Establishes a formula for determining the value of family enterprise property. Increases the limitation on the aggregate reduction in fair market value of certain farm property and other real property.

National Family Enterprise Preservation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Donelson National Battlefield Expansion Act of 2002''. SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD. (a) Designation; Purpose.--There exists as a unit of the National Park System the Fort Donelson National Battlefield to commemorate-- (1) the Battle of Fort Donelson in February 1862; and (2) the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of Fort Donelson by Union forces. (b) Boundaries.--The Fort Donelson National Battlefield shall consist of the site of Fort Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in Stewart County, Tennessee and the site of Fort Heiman and associated land in Calloway County, Kentucky, as generally depicted on the map entitled ``__________________'' numbered ________________, and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Expansion of Boundaries.--The Fort Donelson National Battlefield shall also include any land acquired pursuant to section 3. SEC. 3 LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD. (a) Acquisition Authority.--Subject to subsections (b) and (c), the Secretary of the Interior may acquire land, interests in land, and improvements thereon for inclusion in the Fort Donelson National Battlefield. Such land, interests in land, and improvements may be acquired by the Secretary only by purchase from willing sellers with appropriated or donated funds, by donation, or by exchange with willing owners. (b) Land Eligible for Acquisition.--The Secretary of the Interior may acquire land, interests in land, and improvements thereon under subsection (a)-- (1) within the boundaries of the Fort Donelson National Battlefield described in section 2(b); and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or if the Secretary otherwise determines that acquisition under subsection (a) will protect critical resources associated with the Battle of Fort Donelson in 1862 and the Union campaign that resulted in the capture of Fort Donelson. (c) Boundary Revision.--Upon acquisition of land or interests in land described in subsection (b)(2), the Secretary of the Interior shall revise the boundaries of the Fort Donelson National Battlefield to include the acquired property. (d) Limitation on Total Acreage of Park.--The total area encompassed by the Fort Donelson National Battlefield may not exceed 2,000 acres. SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD. The Secretary of the Interior shall administer the Fort Donelson National Battlefield in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA. The Secretary of Agriculture and the Secretary of the Interior shall enter into a memorandum of understanding to facilitate cooperatively protecting and interpreting the remaining vestige of Fort Henry and other remaining Civil War resources in the Land Between the Lakes National Recreation Area affiliated with the Fort Donelson campaign. SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS. (a) Repeals.-- (1) 1928 law.--The first section and sections 2 through 7 of the Act of March 26, 1928 (16 U.S.C. 428a-428f), are repealed. (2) 1937 law.--Section 3 of the Act of August 30, 1937 (16 U.S.C. 428d-3), is repealed. (3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16 U.S.C. 428n, 428o) are repealed. (b) Conforming Amendments.-- (1) 1928 law.--The Act of March 26, 1928, is amended-- (A) in section 8 (16 U.S.C. 428g), by striking ``Secretary of War'' and inserting ``Secretary of the Interior''; (B) in section 9 (16 U.S.C. 428h)-- (i) by striking ``Fort Donelson National Park'' and inserting ``Fort Donelson National Battlefield''; and (ii) by striking ``Secretary of War'' and inserting ``Secretary of the Interior''; and (C) in section 10 (16 U.S.C. 428i), by striking ``Secretary of War'' and inserting ``Secretary of the Interior''. (2) 1937 law.--The Act of August 30, 1937, is amended-- (A) in the first section (16 U.S.C. 428d-1)-- (i) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; and (ii) by striking ``War Department'' and inserting ``Department of the Army''; and (B) in section 2 (16 U.S.C. 428d-2)-- (i) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; (ii) by striking ``said national military park'' and inserting ``Fort Donelson National Battlefield''; and (iii) by striking the last sentence. (3) 1960 law.--The first section of Public Law 86-738 (16 U.S.C. 428k) is amended-- (A) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; and (B) by striking ``, but the total area commemorating the battle of Fort Donelson shall not exceed 600 acres''.

Fort Donelson National Battlefield Expansion Act of 2002 - Authorizes the Secretary of the Interior to acquire for inclusion in the Fort Donelson National Battlefield land, interests, and improvements: (1) within the boundaries of the Battlefield; and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or if the Secretary otherwise determines that acquisition will protect critical resources associated with the Battle of Fort Donelson in1862 and the Union campaign that resulted in the capture of the Fort. Limits the total area encompassed by the Battlefield to 2,000 acres.Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to facilitate cooperatively protecting and interpreting the remaining vestige of Fort Henry and other remaining Civil War resources in the Land Between the Lakes National Recreation Area affiliated with the Fort Donelson campaign.

To expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes.

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

Amends the Internal Revenue Code to make revisions concerning the treatment of tip income for specified services, including treating a limited amount of tips as property transferred by gift.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``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 10 years after release from prison, or being placed on parole, supervised release, or probation. (2) Definition.--For purposes of this subsection, the term ``criminal offense against a victim who is a minor'' means any criminal offense that consists of-- (A) kidnapping of a minor, except by a parent; (B) false imprisonment of a minor, except by a parent; (C) criminal sexual conduct toward a minor; (D) solicitation of a minor to engage in sexual conduct; (E) use of a minor in a sexual performance; (F) solicitation of a minor to practice prostitution; (G) any conduct that by its nature is a sexual offense against a minor; or (H) an attempt to commit an offense described in any of subparagraphs (A) through (G) of this paragraph, if the State-- (i) makes such an attempt a criminal offense; and (ii) chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section. (b) Registration Requirement Upon Release, Parole, Supervised Release, or Probation.--An approved State registration program established under this section shall contain the following requirements: (1) Duty of state prison official or court.--If a person who is required to register under this section is released from prison, or placed on parole, supervised release, or probation, a State prison officer, or in the case of probation, the court, shall-- (A) inform the person of the duty to register and obtain the information required for such registration; (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 10 days; (C) inform the person that if the person changes residence to another State, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new State not later than 10 days after establishing residence in the new State, if the new State has a registration requirement; (D) obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and (E) 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 f.b.i.--The officer, or in the case of a person placed on probation, the court, shall, within 3 days after receipt of information described in paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. The State law enforcement agency shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. (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 designated State law enforcement agency within 10 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 10 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. The designated law enforcement agency shall, if the person changes residence to another State, notify the person of the law enforcement agency with which the person must register in the new State, if the new State has a registration requirement. (5) Privacy of data.--The information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to law enforcement agencies for investigative purposes or to government agencies conducting confidential background checks with fingerprints on applicants for child care positions or other positions involving contact with children. (c) Registration for Change of Address to Another State.--A person who has been convicted of an offense which triggered registration in a State shall register the new address with a designated law enforcement agency in another State to which the person moves not later than 10 days after such person establishes residence in the new State, if the new State has a registration requirement. (d) Registration for 10 Years.--A person required to register under this section shall continue to comply with this section until 10 years have elapsed since the person was released from prison, or placed on parole, supervised release, or probation. (e) Penalty.--A person required to register under a State program established pursuant to this section who knowingly fails to so register and keep such registration current shall be subject to criminal penalties in any State in which the person has so failed. (f) Compliance.-- (1) Compliance date.--Each State shall have 3 years from the date of the enactment of this Act in which to implement this section. (2) 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 guidelines issued under this section 3 years after the date of enactment of this Act may be reduced by 10 percent and the unallocated funds shall be reallocated to the States in compliance with this section. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk. By Dallas L. Dendy, Jr., Assistant to the Clerk.

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 (LEA) for ten years after being released from prison or being placed on parole, supervised release, or probation. Sets forth requirements for an approved State registration program, including requirements to: (1) inform persons of their duty to register and obtain the information required for such registration; (2) inform such persons of requirements applicable if they change residence to another State; (3) obtain fingerprints and a photograph; and (4) enter information into the State law enforcement record system. Directs the officer (or, in the case of a person placed on probation, the court) to forward required information to the designated State LEA, which shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. Provides that the information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to LEAs for investigative purposes or to government agencies conducting confidential background checks with fingerprints on applicants for child care positions or other positions involving contact with children. Requires a person who has been convicted of an offense which triggered registration in a State to register a new address with a designated LEA in another State to which the person moves within ten days of establishing residence in the new State, if such State has a registration requirement. Subjects a person required to register under a State program who knowingly fails to register and keep such registration current to criminal penalties in that State. 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 may be reduced by ten 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. TRANSFER TO A PRIVATE CORPORATION. (a) In General.--In accordance with the plan prescribed under section 3, all right, title, and interest of the United States in and to all property of the Postal Service shall be transferred to a corporation if, within 1 year after the date of the enactment of this Act, such corporation satisfies the requirements set forth in section 2. (b) Specific Requirement.--The plan prescribed under section 3 shall include such provisions as may be necessary to ensure that no payment shall be required in consideration for any rights or assets of the Postal Service which are transferred pursuant to this Act. SEC. 2. REQUIREMENTS FOR THE CORPORATION. (a) In General.--A corporation shall be considered to satisfy the requirements of this section if such corporation-- (1) is incorporated under the laws of a State; (2) is not a department, agency, or establishment of the United States; (3) is incorporated by not more than 9 individuals who are especially qualified to establish and operate an effective mail system by virtue of their education, training, or experience, and who are chosen by the employees of the Postal Service in an election which shall be held at such time and in such manner as the President shall by regulation prescribe; (4) includes among its purposes the delivery of postal services in a manner consistent with section 101(b) of title 39, United States Code, at rates established in a manner consistent with section 101(d) of such title; (5) issues securities in a manner consistent with subsection (b); and (6) satisfies such other requirements as the President may by regulation prescribe in order to carry out the purposes of this Act. (b) Securities.--Any securities issued by the corporation-- (1) shall, during the 1-year period beginning on the date of the enactment of this Act, be issued-- (A) only to employees of the Postal Service; (B) under a system (as developed under section 4) which provides that securities shall be issued to individuals based on their years of service and levels of compensation; and (C) subject to such terms and conditions, including terms and conditions relating to the sale, transfer, or other disposition of such securities following their issuance by the corporation, as may be necessary to promote the retention of well-qualified personnel; and (2) may, after the end of that period, be offered for sale to members of the general public under such terms and conditions as the corporation considers appropriate. (c) Retirement Benefits.--Retirement benefits provided to employees of the corporation must be comparable to those which would have been afforded to those individuals as employees of the Postal Service had this Act not been enacted. SEC. 3. TRANSFER PLAN; PRESIDENTIAL DETERMINATION; RATE-SETTING AUTHORITY. (a) Transfer Plan.--Not later than the sixtieth day after the date on which a corporation first satisfies the requirements of section 2, as determined under subsection (b), the President shall, in conformance with the requirements of section 1, and after consultation with the commission under section 4, transmit to Congress-- (1) a comprehensive plan providing for the orderly transfer of all property subject to this Act, including a timetable under which such transfer is completed not later than 180 days after the date on which such corporation first satisfies such requirements; and (2) such recommendations for legislation as the President considers necessary in order to carry out the plan described in paragraph (1), including recommendations-- (A) for the abolishment of the Postal Service; (B) for the continuation of the private express statutes with respect to the corporation during the first 5 years of its existence; and (C) for the repeal or modification of appropriate Federal statutes. (b) Presidential Determination.--The President shall, for purposes of this section, determine the date on which a corporation first satisfies the requirements of section 2. (c) Rate-Setting Authority.--After consulting with the Postal Rate Commission, the President shall develop and include as part of the recommendations submitted under subsection (a) proposals relating to the means by which rates of postage would be established during the 5- year period referred to in subsection (a)(2)(B). Such recommendations may include continuing any operations of the Postal Rate Commission (whether on a modified basis or otherwise) which may be appropriate. SEC. 4. POSTAL PRIVATIZATION COMMISSION. (a) Establishment.--In order to carry out the functions set forth in sections 2(b)(1)(B) and 3(a), there is established a commission to be known as the ``Postal Privatization Commission''. (b) Membership.--The Commission shall consist of 12 members, to be selected by the President, of whom-- (1) 3 shall be selected from among individuals recommended jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate; (2) 3 shall be selected to represent the interests of employees of the Postal Service; (3) 3 shall be selected to represent the interests of postal management; and (4) 3 shall be selected from such other postal experts as the President considers appropriate. (c) Compensation.-- (1) In general.--Except as provided in paragraph (2), members of the Commission shall be paid at the daily equivalent of a rate, not to exceed the rate of basic pay payable for level IV of the Executive Schedule, for each day (including travel time) during which they are engaged in the performance of duties of the Commission. (2) Exception.--Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay by reason of their service on the Commission. (d) Termination.--The Commission shall cease to exist as of the date on which the work of the Commission has been completed. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``Postal Service'' means the United States Postal Service and the Postal Rate Commission; (2) the term ``property'', when used with respect to the Postal Service, means all assets and rights, and all liabilities and obligations, of the Postal Service; and (3) the term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

Provides for the transfer of the United States Postal Service to a private corporation. Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary. Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer.

To provide for the privatization of the United States Postal Service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Investment in American Jobs Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) It remains an urgent national priority to improve economic growth and create new jobs. (2) National security requires economic strength and global engagement. (3) Businesses today have a wide array of choices when considering where to invest, expand, or establish new operations. (4) Administrations of both parties have consistently reaffirmed the need to maintain an open investment climate as a key to domestic economic prosperity and security. (5) The United States has historically been the largest worldwide recipient of foreign direct investment but has seen its share decline in recent years. (6) The United States faces increasing competition from other countries as they work to recruit investment from global companies. (7) Foreign direct investment can benefit the economy and workforce of every State and Commonwealth in the United States. (8) According to the latest Federal statistics, the United States subsidiaries of companies headquartered abroad contribute to the United States economy in a variety of important ways, including by-- (A) providing jobs for nearly 5,600,000 people in the United States with compensation that is often higher than the national private-sector average, as many of these jobs are in high-skilled, high-paying industries; (B) strengthening the United States industrial base and employing nearly 15 percent of the United States manufacturing sector workforce; (C) establishing operations in the United States from which to sell goods and services around the world, thereby producing nearly 18 percent of United States exports; (D) promoting innovation with more than $41,000,000,000 in annual United States research and development activities; (E) paying nearly 14 percent of United States corporate income taxes; and (F) purchasing goods and services from local suppliers and small businesses, worth hundreds of billions of dollars annually. (9) These companies account for 5.8 percent of United States private sector Gross Domestic Product (GDP). (10) The Department of Commerce and the Department of State have initiatives in place to increase foreign direct investment. (11) President Barack Obama issued a statement in 2011 reaffirming the longstanding open investment policy of the United States and encouraged all countries to pursue such a policy. (12) President Obama signed an Executive order in 2011 to establish the SelectUSA initiative and expanded its resources and activities in 2012, aimed at promoting greater levels of business investment in the United States. (13) The President's Council on Jobs and Competitiveness in 2011 recommended the establishment of a National Investment Initiative to attract $1,000,000,000,000 in foreign direct investment over five years. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the ability of the United States to attract foreign direct investment is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) in order to remain the most attractive location for foreign direct investment, Congress should be mindful of the potential impact upon the ability of the United States to attract foreign direct investment when evaluating proposed legislation; (3) it is a top national priority to enhance the competitiveness, prosperity, and security of the United States by-- (A) removing unnecessary barriers to foreign direct investment and the jobs that it creates throughout the United States; and (B) promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture their products; (4) maintaining the United States commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for United States companies and their products; and (5) while foreign direct investment can enhance the economic strength of the United States, policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies. SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW. (a) Review.--The Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment. (b) Specific Matters To Be Included.--The review conducted pursuant to subsection (a) shall include a review of-- (1) the current economic impact of foreign direct investment in the United States, with particular focus on manufacturing, research and development, trade, and jobs; (2) trends in global cross-border investment flows, including an assessment of the current United States competitive position as an investment location for companies headquartered abroad; (3) Federal Government policies that are closely linked to the ability of the United States to attract and retain foreign direct investment; (4) ongoing Federal Government efforts to improve the investment climate, reduce investment barriers, and facilitate greater levels of foreign direct investment in the United States; (5) innovative and noteworthy State, regional, and local government initiatives to attract foreign investment; and (6) initiatives by other countries in order to identify best practices for increasing global competitiveness in attracting foreign direct investment. (c) Limitation.--The review conducted pursuant to subsection (a) shall not address laws and policies relating to the Committee on Foreign Investment in the United States. (d) Public Comment.--Prior to-- (1) conducting the review under subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review; and (2) reporting pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations to Congress in the Federal Register and shall provide an opportunity for public comment. (e) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall report to Congress the findings of the review required under subsection (a) and submit recommendations to make the United States more competitive in attracting foreign direct investment without undermining fundamental domestic labor, consumer, or environmental protections.

Global Investment in American Jobs Act of 2013 - Expresses the sense of Congress that: (1) U.S. ability to attract foreign direct investment is directly linked to U.S. long-term economic prosperity, global competitiveness, and security; (2) it should be mindful of the potential impact upon the U.S. ability to attract foreign direct investment when evaluating proposed legislation; (3) it is a top national priority to enhance U.S. competitiveness, prosperity, and security by removing unnecessary barriers to foreign direct investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (4) maintaining the U.S. commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for U.S. companies and their products; and (5) U.S. policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies. Directs the Secretary of Commerce to conduct an interagency review of the U.S. global competitiveness in attracting foreign direct investment and report to Congress recommendations for making the United States more competitive in attracting foreign direct investment without undermining fundamental domestic labor, consumer, or environmental protections.

Global Investment in American Jobs Act of 2013

SECTION 1. REGULATION OF PAYROLL TAX DEPOSIT AGENTS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. PAYROLL TAX DEPOSIT AGENTS. ``(a) Registration.-- ``(1) In general.--The Secretary shall establish a system to require the initial registration and the annual renewal of the registration of persons seeking to act as payroll tax deposit agents authorized to make Federal employment tax deposits on behalf of employer taxpayers. Such system shall also-- ``(A) establish a registration and renewal fee for each payroll tax deposit agent in an amount not to exceed $100, ``(B) provide the payroll tax deposit agent the option of either submitting a bond as specified in subsection (b) or submitting to an annual audit as specified in subsection (c), ``(C) require such disclosures as are specified in subsection (d), ``(D) require that such agent ensure the direct notification of the employer by any Federal employment tax authority (and State employment tax authority if such agent contracts to make State employment tax deposits for the employer) regarding the nonpayment of such employment taxes, and ``(E) provide penalties for unregistered persons acting as payroll tax deposit agents with respect to Federal tax deposits in an amount not to exceed $10,000 for each 90 days of noncompliance. ``(2) Definition of payroll tax deposit agent.--For purposes of this section, the term `payroll tax deposit agent' means any person which provides payroll processing or tax filing and deposit services to 1 or more employers (other than an employer acting on its own behalf) if such person has the contractual authority to access such employer's funds for the purpose of making employment tax deposits. Such term shall not include any person which only transfers such funds (regardless if such person has the authority to determine the amount of such transfer) and does not have the authority to impound such funds for such purpose. ``(3) Employment tax.--For purposes of this section, the term `employment tax' includes unemployment insurance contributions. ``(b) Bonding.-- ``(1) In general.--If a payroll tax deposit agent elects to submit a bond under subsection (a)(1)(B), the amount of such bond shall be not less than $50,000 nor more than $500,000, and shall be determined with respect to each payroll tax deposit agent under regulations prescribed by the Secretary. ``(2) Surety.--Any bond or security furnished pursuant to this section shall be in such form and with such surety or sureties as may be prescribed by regulations issued pursuant to section 7101. ``(c) Annual Audits.--If a payroll tax deposit agent elects to submit to an annual audit under subsection (b)(1)(B), such audit shall be performed by an independent third party and shall be based on such audit principles as the Secretary determines necessary, including the following: ``(1) The escrow account of the payroll tax deposit agent in which such agent holds its employers' taxes is balanced each year to the total of the quarterly reconciliation statements. ``(2) The escrow account funds of the payroll tax deposit agent are not commingled with such agent's operating funds. ``(3) No evidence that the payroll tax deposit agent used any of the funds in such agent's escrow account to pay such agent's own operating costs. ``(4) Receipt evidence that such agent paid the required employment taxes on behalf of the employers to the proper government employment tax authority. ``(d) Disclosure.--The Secretary shall require payroll tax deposit agents to disclose to each potential and existing client prior to or at the time of contracting for payroll services-- ``(1) the client's continuing liability for payment of all Federal and State employment taxes notwithstanding any contractual relationship with a payroll tax deposit agent, ``(2) the mechanisms available to the client to verify the amount and date of payment of all tax deposits made by the payroll tax deposit agent on behalf of such client, including the Internet address, postal address, and telephone number of each Federal and State employment tax authority related to such deposits, and ``(3) such other information that the Secretary determines is necessary or appropriate to assist employers in the selection and use of payroll tax deposit agents. ``(e) Tax Deposits and Returns.--Only persons registered under this section may-- ``(1) make Federal tax deposits on behalf of an employer, ``(2) sign and file Federal employment tax returns on behalf of a taxpayer, and ``(3) have access to confidential tax information relating to such employer. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.''. (b) Payroll Tax Deposit Agents Subject to Penalty for Failure To Collect and Pay Over Tax, or Attempt To Evade or Defeat Tax.-- (1) In general.--Section 6672(a) of the Internal Revenue Code of 1986 is amended by inserting ``, including any payroll tax deposit agent (as defined in section 7529(a)(2)),'' after ``Any person''. (2) Construction.--The amendment made by paragraph (1) shall not be construed to create any inference with respect to the interpretation of section 6672 of the Internal Revenue Code of 1986 as such section was in effect on the day before the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections for such chapter 77 is amended by adding at the end the following new item: ``Sec. 7529. Payroll tax deposit agents.''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Penalty.--The amendments made by subsection (b) shall apply to failures occurring after the date of the enactment of this Act.

Amends the Internal Revenue Code to require the Secretary of the Treasury to establish a registration system for payroll tax deposit agents. Requires such agents to: (1) submit to a bond or annual audit; (2) make certain disclosures to their clients concerning liability for payment of employment taxes; and (3) pay penalties for failing to collect or pay over employment taxes or for attempting to evade or defeat payment of such taxes.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro bono Work to Empower and Represent Act of 2015'' or ``POWER Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Extremely high rates of domestic violence, dating violence, sexual assault, and stalking exist at the local, State, and national levels and such violence or behavior harms the most vulnerable members of our society. (2) According to a study commissioned by the Department of Justice, nearly 25 percent of women suffer from domestic violence during their lifetime. (3) Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shatters families. (4) A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national level are necessary to combat such violence or behavior. (5) According to the National Network to End Domestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met. (6) Pro bono assistance can help fill this need by providing not only legal representation, but also access to emergency shelter, transportation, and childcare. (7) Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward. (8) Legal representation increases the possibility of successfully obtaining a protective order against an attacker, preventing further mental and physical injury to a victim and his or her family, demonstrated by a study that found that 83 percent of victims represented by an attorney were able to obtain a protective order compared to 32 percent of victims without an attorney. (9) The American Bar Association Model Rules include commentary that ``every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer''. (10) As representatives of the Department of Justice, the duty of United States Attorneys is to present ``equal and impartial justice to all its citizens,'' which should include, especially, survivors of domestic violence, dating violence, sexual assault, and stalking who might not otherwise know how to seek advice and protection. (11) As Federal leaders who have knowledge of domestic violence, dating violence, sexual assault, and stalking in their localities, United States Attorneys should encourage lawyers to provide pro bono resources in an effort to help victims of such violence or behavior to escape the cycle of abuse. (12) A dedicated army of pro bono attorneys focused on this mission will inspire others to devote efforts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country. (13) Communities, by providing awareness of pro bono legal services and assistance to survivors of domestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move forward with their lives. SEC. 3. U.S. ATTORNEYS TO PROMOTE EMPOWERMENT EVENTS. (a) In General.--Not later than 1 year after the date of enactment of this Act, and not less often than once each year thereafter, each United States Attorney, or his or her designee, for each judicial district shall lead not less than 1 public event, in partnership with a State, local, tribal, or territorial domestic violence service provider or coalition and a State or local volunteer lawyer project, promoting pro bono legal services as a critical way in which to empower survivors of domestic violence, dating violence, sexual assault, and stalking and engage citizens in assisting those survivors. (b) Districts Containing Indian Tribes and Tribal Organizations.-- During each 3-year period, a United States Attorney, or his or her designee, for a judicial district that contains an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) shall lead not less than 1 public event promoting pro bono legal services under subsection (a) in partnership with an Indian tribe or tribal organization with the intent of increasing the provision of pro bono legal services for Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking. (c) Requirements.--Each United States Attorney shall-- (1) have discretion on the design, organization, and implementation of the public events required under subsection (a); and (2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high-quality pro bono legal services by survivors of domestic violence, dating violence, sexual assault, and stalking. SEC. 4. REPORTING REQUIREMENTS. (a) Report to the Attorney General.--Not later than October 30 of each year, each United States Attorney shall submit to the Attorney General a report detailing each public event conducted under section 3 during the previous fiscal year. (b) Report to Congress.-- (1) In general.--Not later than January 1 of each year, the Attorney General shall submit to Congress a compilation and summary of each report received under subsection (a) for the previous fiscal year. (2) Requirement.--Each comprehensive report submitted under paragraph (1) shall include an analysis of how each public event meets the goals set forth in this Act, as well as suggestions on how to improve future public events. SEC. 5. FUNDING. The Department of Justice shall use existing funds to carry out the requirements of this Act. Passed the Senate November 10, 2015. Attest: JULIE E. ADAMS, Secretary.

. Pro bono Work to Empower and Represent Act of 2015 or the POWER Act (Sec. 3) This bill requires the U.S. Attorney for a judicial district to lead at least one public event that promotes pro bono legal services as a critical way to: (1) empower survivors of domestic violence, dating violence, sexual assault, and stalking; and (2) engage citizens in assisting those survivors. A special but similar rule applies to districts containing Indian tribes and tribal organizations. Each U.S. Attorney shall: (1) have discretion on the design, organization, and implementation of such public events; and (2) seek to maximize an event's local impact and the access of such survivors to high-quality pro bono legal services. (Sec. 5) The Department of Justice shall use existing funds to carry out this Act.

POWER Act

SECTION 1. FINDINGS. Congress finds that: (1) Adak Island is an isolated island located 1,200 miles southwest of Anchorage, Alaska, between the Pacific Ocean and the Bering Sea. The Island, with its unique physical and biological features, including a deep water harbor and abundant marine-associated wildlife, was recognized early for both its natural and military values. In 1913, Adak Island was reserved and set aside as a Preserve because of its value to seabirds, marine mammals, and fisheries. Withdrawals of portions of Adak Island for various military purposes date back to 1901 and culminated in the 1959 withdrawal of approximately half of the Island for use by the Department of the Navy for military purposes. (2) By 1990, military development on Adak Island supported a community of 6,000 residents. Outside of the Adak Naval Complex, there is no independent community on Adak Island. (3) As a result of the Defense Base Closure and Realignment Act of 1990 (104 Stat. 1808), as amended, the Adak Naval Complex has been closed by the Department of Defense. (4) The Aleut Corporation is an Alaskan Native Regional Corporation incorporated in the State of Alaska pursuant to the Alaska Native Claims Settlement Act (ANCSA), as amended (43 U.S.C. 1601, et seq.). The Aleut Corporation represents the indigenous people of the Aleutian Islands who prior to the Russian exploration and settlement of the Aleutian Islands were found throughout the Aleutian Islands which includes Adak Island. (5) None of Adak Island was available for selection by The Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)) because it was part of a National Wildlife Refuge and because the portion comprising the Adak Naval Complex was withdrawn for use by the United States Navy for military purposes prior to the passage of ANCSA in December 1971. (6) The Aleut Corporation is interested in establishing a community on Adak and has offered to exchange ANCSA land selections for conveyance of certain lands and interests therein on a portion of Adak formerly occupied by the Navy. (7) Removal of a portion of Adak Island land from refuge status will be offset by the acquisition of high quality wildlife habitat in other Aleut Corporation selections within the Alaska Maritime National Wildlife Refuge, maintaining a resident human population on Adak to control caribou, and making possible a continued U.S. Fish and Wildlife Service presence in that remote location to protect the natural resources of the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge. (8) It is in the public interest to promote reuse of the Adak Island lands by exchanging certain lands for lands selected by The Aleut Corporation elsewhere in the Alaska Maritime National Wildlife Refuge. Experience with environmental problems associated with formerly used defense sites in the State of Alaska suggests that the most effective and efficient way to avoid future environmental problems on Adak is to support and encourage active reuse of Adak. SEC. 2. RATIFICATION OF AGREEMENT. The document entitled the ``Agreement Concerning Transfer of Lands at Adak Naval Complex'' (hereinafter ``the Agreement''), and dated __________, executed by The Aleut Corporation, the Department of the Interior and the Department of the Navy, is hereby ratified, confirmed, and approved and the terms, conditions, procedures, covenants, reservations, and other provisions set forth in the Agreement are declared to be obligations and commitments of the United States as a matter of Federal law. SEC. 3. REMOVAL OF LANDS FROM REFUGE. Effective on the date of conveyance to The Aleut Corporation of the Adak Exchange Lands as described in the Agreement, all such lands shall be removed from the National Wildlife Refuge System and shall neither be considered as part of the Alaska Maritime National Wildlife Refuge nor subject to any laws pertaining to lands within the boundaries of the Alaska Maritime National Wildlife Refuge. The conveyance restrictions imposed by section 22(g) of the ANCSA, 43 U.S.C. 1621(g), on said lands shall then be ineffective and cease to apply. The Secretary shall adjust the boundaries of the Refuge so as to exclude all interests in lands and land rights, surface and substance, received by The Aleut Corporation in accordance with this Act and the Agreement. SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT. Lands and interests therein exchanged and conveyed by the United States pursuant to this act shall be considered and treated as conveyances of lands or interests therein under the Alaska Native Claims Settlement Act, except that receipt of such lands and interests therein shall not constitute a sale or disposition of land or interests received pursuant to such Act.

Ratifies the "Agreement Concerning Transfer of Lands at Adak Naval Complex" executed by the Aleut Corporation, the Department of the Interior, and the Department of the Navy. Removes such lands from the National Wildlife Refuge System.

A bill to ratify an agreement between the Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Medical Assistance Act of 1998''. SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING. Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment, and, if the Administrator determines that such regulations should be modified as a result of such reevaluation, shall issue a notice of proposed rulemaking to modify such regulations. SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT. (a) In General.--During the 1-year period beginning on the 90th day following the date of the enactment of this Act, a major air carrier shall make a good faith effort to obtain, and shall submit quarterly reports to the Administrator of the Federal Aviation Administration on, the following: (1) The number of persons who died on aircraft of the air carrier, including any person who was declared dead after being removed from such an aircraft as a result of a medical incident that occurred on such aircraft. (2) The age of each such person. (3) Any information concerning cause of death that is available at the time such person died on the aircraft or is removed from the aircraft or that subsequently becomes known to the air carrier. (4) Whether or not the aircraft was diverted as a result of the death or incident. (5) Such other information as the Administrator may request as necessary to aid in a decision as to whether or not to require automatic external defibrillators in airports or on aircraft operated by air carriers, or both. (b) Format.--The Administrator may specify a format for reports to be submitted under this section. SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS. (a) In General.--Not later than 120 days after the last day of the 1-year period described in section 3, the Administrator of the Federal Aviation Administration shall make a decision on whether or not to require automatic external defibrillators on passenger aircraft operated by air carriers and whether or not to require automatic external defibrillators at airports. (b) Form of Decision.--A decision under this section shall be in the form of a notice of proposed rulemaking requiring automatic external defibrillators in airports or on passenger aircraft operated by air carriers, or both, or a recommendation to Congress for legislation requiring such defibrillators or a notice in the Federal Register that such defibrillators should not be required in airports or on such aircraft. If a decision under this section is in the form of a notice of proposed rulemaking, the Administrator shall make a final decision not later than the 120th day following the date on which comments are due on the notice of proposed rulemaking. (c) Contents.--If the Administrator decides that automatic external defibrillators should be required-- (1) on passenger aircraft operated by air carriers, the proposed rulemaking or recommendation shall include-- (A) the size of the aircraft on which such defibrillators should be required; (B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such defibrillators should be required; (C) the training that should be required for air carrier personnel in the use of such defibrillators; and (D) the associated equipment and medication that should be required to be carried in the aircraft medical kit; and (2) at airports, the proposed rulemaking or recommendation shall include-- (A) the size of the airport at which such defibrillators should be required; (B) the training that should be required for airport personnel in the use of such defibrillators; and (C) the associated equipment and medication that should be required at the airport. (d) Limitation.--The Administrator may not require automatic external defibrillators on helicopters and on aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less. (e) Special Rule.--If the Administrator decides that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators. SEC. 5. LIMITATIONS ON LIABILITY. (a) Liability of Air Carriers.--An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the acts or omissions of the passenger rendering the assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is a medically qualified individual. (b) Liability of Individuals.--An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual, while rendering such assistance, is guilty of gross negligence or willful misconduct. SEC. 6. DEFINITIONS. In this Act-- (1) the terms ``air carrier'', ``aircraft'', ``airport'', ``interstate air transportation'', ``overseas air transportation'', and ``foreign air transportation'' have the meanings such terms have under section 40102 of title 49, United States Code; (2) the term ``major air carrier'' means an air carrier certificated under section 41102 of title 49, United States Code, that accounted for at least 1 percent of domestic scheduled- passenger revenues in the 12 months ending March 31 of the most recent year preceding the date of the enactment of this Act, as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of Federal Regulations; and (3) the term ``medically qualified individual'' includes any person who is licensed, certified, or otherwise qualified to provide medical care in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration to reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any modifications to such regulations as a result of such reevaluation. Requires major air carriers to make a good faith effort to report quarterly to the Administrator, over the course of a year, regarding deaths on aircrafts. Requires the Administrator to decide whether or not to require automatic external defibrillators on passenger aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less. States that, if the Administrator decides that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators. Declares that an air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the carrier's performance in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the passenger's acts or omissions while rendering such assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is medically qualified. Declares that an individual shall not be liable for damages in any such action arising out of acts or omissions in providing or attempting to provide such assistance, except for gross negligence or willful misconduct.

Aviation Medical Assistance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Rehabilitation and Repair Act of 2004''. 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 (3), (4), (5), (6), (7), (8), (9), (19), (11), (12), and (13) as paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), and (15), respectively; (2) by inserting after paragraph (2) the following: ``(3) 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 Director 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 Director an application for such grant. Applications submitted to the Director under this section shall be submitted at such times, be in such form, and contain such information, as the Director may prescribe by regulation. ``(2) In general.--Subject to the provisions of this section, the Director 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 Director. The Director 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 Director, 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 2006; and ``(B) $100,000,000 for each of fiscal years 2007 through 2009. ``(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 2006 through 2009. ``(3) Period of availability.--Sums appropriated pursuant to this section shall remain available until expended.''. SEC. 3. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 to the National Dam Safety Program Act (33 U.S.C. 467 et seq.). (b) Final Rule.--Not later than 120 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall issue a final rule regarding such amendments.

Dam Rehabilitation and Repair Act of 2004 - Amends the National Dam Safety Program Act to require the Director 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 Director 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 percent.

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 ``Long Term Care Quality and Consumer Information Improvement Act of 2005''. SEC. 2. MEDICARE PAYMENT ADJUSTMENTS FOR SKILLED NURSING FACILITIES BASED ON QUALITY DATA. (a) In General.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended by adding at the end the following new paragraph: ``(13) Payment adjustments based on quality data.-- ``(A) Establishment of quality measures.-- ``(i) In general.--Subject to the succeeding provisions of this subparagraph, not later than 6 months after the date of enactment of the Long Term Care Quality and Consumer Information Improvement Act of 2005, the Secretary shall establish between 10 and 15 quality measures applicable with respect to skilled nursing facilities in addition to any quality measures applicable with respect to such facilities established prior to January 1, 2005. ``(ii) Consultation.--In establishing the quality measures under clause (i), the Secretary shall consult with-- ``(I) residents of skilled nursing facilities; ``(II) representatives of patient advocacy organizations; ``(III) State regulatory representatives; ``(IV) representatives from the skilled nursing facility industry; and ``(V) experts on quality measures. ``(iii) Staffing and mix of licensed staff.--At least one of the quality measures established under clause (i) shall relate to the level of skilled nursing facility staffing and the mix of licensed staff. ``(iv) Establishment and application of risk adjustment methodology.--The quality measures established under clause (i) shall take into account the relative risks associated with the population of each skilled nursing facility to ensure that the differences in the quality measures reflect differences in the care provided by the facilities and not differences in resident population characteristics by using a risk adjustment methodology established for purposes of this subsection. The risk adjustment methodology established and applied under this clause may exclude certain types of residents, stratify residents into high-risk and low-risk groups, or use a statistical adjustment, such as a regression analysis, that takes into consideration multiple characteristics for each resident. ``(v) Special provision for small skilled nursing facilities.--The Secretary, in consultation with the individuals and groups described in clause (ii), shall establish criteria for determining which quality measures established under clause (i) do not apply with respect to skilled nursing facilities that are not large enough to yield meaningful data with respect to such measure. ``(vi) Annual review and revision.--The Secretary, in consultation with the individuals and groups described in clause (ii), shall annually review and revise the quality measures established under clause (i), as the Secretary, in consultation with such individuals and groups, determines appropriate. ``(B) Reporting on quality measures.-- ``(i) Submission of data.--Each skilled nursing facility that desires to receive a payment adjustment under subparagraph (C) shall submit such data at such time and in such form and manner as the Secretary, in consultation with the individuals and groups described in subparagraph (A)(ii), requires for purposes of applying the quality measures established under subparagraph (A)(i). ``(ii) Publication of quality ratings.--Not less frequently than annually, the Secretary shall cause to be posted on the Internet website of the Centers for Medicare & Medicaid Services and to be published in newspapers with a national circulation a quality rating for each skilled nursing facility submitting data under clause (i) by using such data to apply the quality measures established under subparagraph (A)(i) to each facility. ``(C) Additional payment amount.-- ``(i) In general.--Subject to clause (iv), each skilled nursing facility that submits data under subparagraph (B)(i) shall receive the update described in clause (ii) and the payment adjustment described in clause (iii). ``(ii) Full market basket update.-- Notwithstanding paragraph (4)(E)(ii) or any other provision of law, each skilled nursing facility described in clause (i) shall receive the full market basket update for the year following the year in which such data is submitted. ``(iii) Payments based on quality.--The Secretary shall adjust the total payment amount under this subsection for skilled nursing facilities described in clause (i) as follows: ``(I) Beginning with fiscal year 2007, for each of the skilled nursing facilities that the Secretary determines, based on the quality measures established under subparagraph (A)(i) for the preceding fiscal year, to be-- ``(aa) in the top 10 percent of all nursing facilities that submitted data under subparagraph (B)(i) during the preceding fiscal year, each payment amount determined under the other provisions of this subsection shall be increased by 2 percent of that amount; and ``(bb) below the top 10 percent of such nursing facilities, but within the top 20 percent of such facilities, each payment amount determined under the other provisions of this subsection shall be increased by 1 percent of that amount. ``(II) Beginning with fiscal year 2008, for each of the skilled nursing facilities that the Secretary determines, based on the quality measures established under subparagraph (A)(i), to be in the bottom 20 percent of all nursing facilities that submitted data under subparagraph (B)(i), each payment amount determined under the other provisions of this subsection shall be decreased by 1 percent of that amount. ``(iv) Special provision for small skilled nursing facilities.--The Secretary may not refuse to provide a full market basket update under clause (ii) or to provide an increase or reduction under clause (iii) with respect to a skilled nursing facility because such facility does not submit data with respect to a quality measure that does not apply to the nursing facility as a result of the application of the criteria established under subparagraph (A)(v). ``(D) Budget neutrality.--In implementing this paragraph, the Secretary shall ensure that the aggregate amount of expenditures made by the Secretary under this title in a fiscal year does not exceed the aggregate amount which the Secretary would have expended under this title in the year if this paragraph had not been enacted. In determining the aggregate amount which the Secretary would have expended under this title in the year if this paragraph had not been enacted, the Secretary shall assume a current services budget baseline that includes in the assumption of current services a level of expenditures for covered skilled nursing facility services that reflects a continuation of the Resource Utilization Groups (RUGS) that were used for making payments under this section during fiscal year 2005.''. (b) Evaluation and Report.-- (1) Evaluation.--The Secretary of Health and Human Services shall conduct an evaluation of the implementation of the amendment made by subsection (a), including an evaluation of the number of skilled nursing facilities that submit the data pursuant to paragraph (13)(B) of section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)), as added by subsection (a). (2) Report.--Not later than December 31, 2008, the Secretary of Health and Human Services shall submit a report to Congress on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative actions as the Secretary considers appropriate.

Long Term Care Quality and Consumer Information Improvement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish between ten and 15 additional quality measures applicable to skilled nursing facilities, including a risk adjustment methodology reflecting differences in care, not differences in resident population characteristics.

A bill to amend title XVIII of the Social Security Act to provide medicare beneficiaries with access to information concerning the quality of care provided by skilled nursing facilities and to provide incentives to skilled nursing facilities to improve the quality of care provided by those facilities by linking the amount of payment under the medicare program to quality reporting and performance requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Protection Act of 2007''. 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 from a heavy rain on May 26, 2004, which killed over 3,000 people. (5) Despite President Preval's popular internal and international support, his nascent democratic government still faces immense political and institutional challenges, including a sharp increase in common crime, especially kidnappings which continue to plague the capital and other cities and regions, and the rebuilding of Haiti's police and judicial institutions to achieve the fair and prompt tackling of this ongoing political and criminal violence. (6) On Thursday, December 21, 2006, UNICEF issued a statement condemning the increased kidnappings of children in Haiti. (7) As of January 2007, the Department of State maintains 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 carjacking and assault. The warning states that kidnapping for ransom remains a serious threat, with more than 50 American citizens, including children, kidnapped over the past year. (8) As of January 2007, the Department of State's Consular Information Sheet states that ``United States Embassy personnel are under an embassy-imposed curfew and must remain in their homes or in United States government facilities during the curfew. The embassy has limited travel by its staff outside of Port-au-Prince and therefore its ability to provide emergency services to United States citizens outside of Port-au-Prince is constrained''. (9) While United States policy advises Americans that current conditions make it unsafe to travel to Haiti, the same conditions make it dangerous and inappropriate to forcibly repatriate Haitians at this time. (10) Recent devastating environmental disasters from which Haiti has not recovered, continuing violence, and unstable political conditions pose a serious threat at this time to the personal safety of anyone forcibly repatriated to Haiti. (11) The Haitian government's ability to provide basic governmental services--clean water, education, passable road and basic healthcare--has been severely compromised by the natural disasters and disrupted by the violent overthrow of the constitutional government in 2004. Repatriating Haitians exposes them to these dangerous conditions, while imposing an additional burden on government resources that are already stretched too thin. (12) Haiti's recent political, civil, and governmental crises; and the extraordinary and temporary conditions caused by nature, including floods, epidemics, homelessness, death and the burying of Haiti's fourth largest city, Gonaives, easily make Haitian nationals currently in the United States eligible for temporary protected status under subparagraphs (B) and (C) of sections 244(b)(1) of the Immigration and Nationality Act (``TPS'') . (13) Moreover, there is a well-documented history of discrimination against Haitian nationals in the United States immigration process. (14) Temporary protected status grants temporary protection from deportation to nationals of a country in which environmental or political events have occurred which make it temporarily unsafe to deport them. TPS has been granted to nationals of many countries including those of Nicaragua and Honduras in 1999 following Hurricane Mitch, and of El Salvador in 2001 following severe earthquakes. (15) TPS would help protect United States borders by preserving remittances sent by potential deportees. Haitian immigrants in the United States remit about $1 billion annually to Haiti. These remittances vastly outweigh, in dollar value, United States foreign aid to Haiti, and are crucial to Haiti's recovery from the separate and combined effects of years of severe environmental disasters, paralyzing political turmoil, violence, and institutional failure (16) Granting Haitians TPS would also directly assist Haiti's nascent democracy in its efforts to recover from these conditions, stabilize the country's economy, rebuild its political and economic institutions, and provide a future of hope for Haiti's people. 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 Protection Act of 2007 - 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 ``Jumpstart VA Construction Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The buildings of the Department of Veterans Affairs have an average age of 60 years. (2) Since 2004, use of Department facilities has grown from 80 percent to 120 percent, while the condition of these facilities has eroded from 81 percent to 71 percent over that same period of time. (3) The Department currently manages and maintains more than 5,600 buildings and almost 34,000 acres of land. (4) More than 3,900 infrastructure gaps remain that will cost between $54,000,000,000 and $66,000,000,000 to close, including $10,000,000,000 in activation costs. (5) The Veterans Health Administration has 21 major construction projects dating to 2007 that have been only partially funded. (6) The total unobligated amount for all currently budgeted major construction projects exceeds $2,900,000,000. (7) To finish existing projects and to close current and future gaps, the Department will need to invest at least $23,200,000,000 over the next 10 years. (8) At current requested funding levels, it will take more than 67 years to complete the 10-year capital investment plan of the Department. SEC. 3. PILOT PROGRAM FOR THE CONSTRUCTION OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITY PROJECTS BY NON-FEDERAL ENTITIES UNDER PARTNERSHIP AGREEMENTS. (a) In General.--The Secretary of Veterans Affairs shall carry out a 10-year pilot program under which the Secretary shall enter into partnership agreements on a competitive basis with appropriate non- Federal entities for the construction of major construction projects authorized by law. (b) Selection of Projects.-- (1) In general.--The Secretary shall select 10 major construction projects for completion by non-Federal entities under the pilot program. Each project selected shall be a major medical facility project authorized by law for the construction of a new facility for which-- (A) Congress has appropriated any funds; (B) the design and development phase is complete; and (C) construction has not begun, as of the date of the enactment of this Act. (2) Type of projects.--In selecting major construction projects under paragraph (1), the Secretary shall select-- (A) four seismic-related projects; (B) four community based outpatient clinic-related projects; and (C) two other projects. (c) Agreements.--Each partnership agreement for a construction project under the pilot program shall provide that-- (1) the non-Federal entity shall obtain any permits required pursuant to Federal and State laws before beginning to carry out construction; and (2) if requested by the non-Federal entity, the Secretary shall provide technical assistance for obtaining any necessary permits for the construction project. (d) Responsibilities of Secretary.--The Secretary shall-- (1) appoint a non-Department of Veterans Affairs entity as the project manager of each major construction project for which the Secretary enters into a partnership agreement under the pilot program; (2) ensure that the project manager appointed under paragraph (1) develops and implements a project management plan to ensure concise and consistent communication of all parties involved in the project; (3) work in cooperation with each non-Federal entity with which the Secretary enters into a partnership agreement to minimize multiple change orders; (4) develop metrics to monitor change order process times, with the intent of expediting any change order; and (5) monitor any construction project carried out by a non- Federal entity under the pilot program to ensure that such construction is in compliance with the Federal Acquisition Regulations and Department of Veterans Affairs acquisition regulations and that the costs are reasonable. (e) Reimbursement.-- (1) In general.--The Secretary shall reimburse, without interest, a non-Federal entity that carries out work pursuant to a partnership agreement under the pilot program in an amount equal to the estimated Federal share of the cost of such work. Any costs that exceed the amount originally agreed upon between the Secretary and the non-Federal entity shall be paid by the non-Federal entity. The Secretary may commence making payments to a non-Federal entity under this subsection upon entering into a partnership agreement with the entity under this section. (2) Limitation.--The Secretary may not make any reimbursement payment under this subsection until the Secretary determines that the work for which the reimbursement is requested has been performed in accordance with applicable permits and approved plans. (3) Budget requests.--The Secretary shall budget for reimbursement under this section on a schedule that is consistent with the budgeting process of the Department and the ongoing Strategic Capital Investment Planning priorities list. (f) Comptroller General Report.--The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the pilot program. (g) Deadline for Implementation.--The Secretary shall begin implementing the pilot program under this section by not later than 180 days after the date of the enactment of this Act.

Jumpstart VA Construction Act - Requires the Secretary of Veterans Affairs to carry out a 10-year pilot program of entering into partnership agreements on a competitive basis with appropriate non-federal entities for major authorized construction projects. Directs the Secretary to select 10 major medical facility projects authorized for the construction of a new facility for which: (1) Congress has appropriated funds, (2) the design and development phase is complete, and (3) construction has not begun as of the date of enactment of this Act. Requires four of such projects to be seismic-related projects and four to be community based outpatient clinic-related projects. Directs the Secretary to: (1) appoint a non-Department of Veterans Affairs (VA) entity as the project manager of each project; (2) ensure that the project manager implements a project management plan to ensure concise and consistent communication of all parties involved; (3) work in cooperation with each participating non-federal entity to minimize multiple change orders; (4) develop metrics to monitor change order process times, with the intent of expediting any change order; and (5) monitor construction to ensure that it is in compliance with the Federal Acquisition Regulations and VA acquisition regulations and that the costs are reasonable.

Jumpstart VA Construction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in After-School Programs Act of 2008''. SEC. 2. AFTER-SCHOOL PROGRAMS. Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following: ``SEC. 366. AFTER-SCHOOL PROGRAMS. ``(a) Purpose.--The purpose of this section is to enhance after- school programs in rural areas by helping communities-- ``(1) to establish after-school programs; and ``(2) to improve existing programs by overcoming barriers to service. ``(b) Definitions.--In this section: ``(1) After-school program.--The term `after-school program' means a program that carries out a broad array of activities during periods when school is not in session (such as before school, after school, or during summer recess and other vacation periods) that advance student academic achievement and promote positive youth development. ``(2) Eligible entity.--The term `eligible entity' means a local educational agency (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community-based organization, another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. ``(3) Rural area.--The term `rural area' means an area that is served by an elementary or secondary school that is designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary of Education. ``(c) Grants.-- ``(1) In general.--The Secretary shall make grants to eligible entities to improve, expand, or establish after-school programs in rural areas. ``(2) Requirement.--Each grant under this section shall be in an amount of not less than $50,000. ``(d) Duration.-- ``(1) Term of grant.--The term of a grant under this section may not be for less than 3 years. ``(2) Renewal.--The Secretary may renew a grant under this section for a period of not less than 3 years, based on the performance of the eligible entity during the previous grant term. ``(e) Uses.--As a condition of the receipt of a grant under this section, an eligible entity shall use the grant to fund projects and activities described in subsection (c), including transportation, professional development, training, recruitment and retention of staff, increasing access to technology, and planning. ``(f) Evaluation.--The Secretary may use not more than 1 percent of the funds under this section-- ``(1) to conduct evaluations of the effectiveness of programs and activities assisted under subsection (c); and ``(2) to disseminate the results of those evaluations for the purpose of refining, improving, and strengthening programs. ``(g) Outreach, Training, and Technical Assistance.--The Secretary may use not more than 3 percent of the funds made available to carry out this section-- ``(1) to conduct outreach, including bidders' conferences, to ensure widespread knowledge of the availability of resources described in subsection (c); ``(2) to disseminate information on best practices and successful program models for serving children and youth in rural areas; and ``(3) to provide capacity building, training, and technical assistance to afterschool programs and providers in rural areas. ``(h) Application.-- ``(1) In general.--To be considered for a grant under this section, each eligible entity shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Contents.--An application submitted pursuant to paragraph (1) shall include-- ``(A) a description of the after-school program to be funded, including-- ``(i) an assurance that the program will take place in a safe and easily accessible facility; ``(ii) a description of how children and youth participating in the program will travel safely between the program site and home; ``(iii) a description of how the eligible entity will disseminate information about the program, including the location of the program, to the community in a manner that is understandable and accessible; and ``(iv) a description of the services to be provided to children and youth, the roles and responsibilities of the partners in providing the services, and how the services enhance an existing after-school program; ``(B) an assurance that the proposed program was developed, and will be carried out, in active collaboration with the schools the students attend; ``(C) an assurance that funds provided under this section will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this section, be made available for programs and activities authorized under this section, and in no case supplant Federal, State, local, or non-Federal funds; ``(D) a description of the partnership between a local educational agency, a community-based organization, or another public entity or private entity, if applicable; and ``(E) such additional assurances as the Secretary determines to be necessary to ensure compliance with this section. ``(i) Priority.--The Secretary shall give priority to applications that propose partnerships between 2 or more eligible entities. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $50,000,000 for fiscal year 2009; ``(2) $75,000,000 for fiscal year 2010; ``(3) $100,000,000 for fiscal year 2011; ``(4) $125,000,000 for fiscal year 2012; and ``(5) $150,000,000 for fiscal year 2013.''.

Investment in After-School Programs Act of 2008 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to award grants to local educational agencies, community-based organizations, or other entities to improve, expand, or establish rural after-school programs that provide students with a broad array of activities when school is not in session that improve their academic performance and promote their positive development. Requires eligible programs to be implemented in active collaboration with the schools the students attend and take place in safe and easily accessible facilities. Gives grant priority to partnerships between two or more entities eligible for such grants.

A bill to enhance after-school programs in rural areas of the United States by establishing a pilot program to help communities establish and improve rural after-school programs.

SECTION 1. ADJUSTED DIFFERENTIALS. (a) In General.--Paragraph (1) of section 404(b) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after ``follows:'' and inserting the following: ``Area Differential Atlanta-Sandy Springs-Gainesville, GA-AL, CSA...... 35.99% Boston-Worcester-Manchester, MA-RI-NH, CSA, plus 44.42% Barnstable County, MA, and Berwick, Eliot, Kittery, South Berwick, and York towns in York County, ME. Buffalo-Niagara-Cattaraugus, NY, CSA............... 30.66% Chicago-Naperville-Michigan City, IL-IN-WI, CSA.... 42.73% Cincinnati-Middletown-Wilmington, OH-KY-IN, CSA.... 25.44% Cleveland-Akron-Elyria, OH, CSA.................... 32.71% Columbus-Marion-Chillicothe, OH, CSA............... 28.02% Dallas-Fort Worth, TX, CSA......................... 36.81% Dayton-Springfield-Greenville, OH, CSA............. 24.84% Denver-Aurora-Boulder, CO, CSA, plus the Ft. 35.98% Collins-Loveland, CO, MSA. Detroit-Warren-Flint, MI, CSA, plus Lenawee County, 37.92% MI. Hartford-West Hartford-Willimantic, CT, CSA, plus 40.50% the Springfield, MA, MSA and New London County, CT. Houston-Baytown-Huntsville, TX, CSA................ 40.66% Huntsville-Decatur, AL, CSA........................ 32.54% Indianapolis-Anderson-Columbus, IN, CSA, plus Grant 24.27% County, IN. Los Angeles-Long Beach-Riverside, CA, CSA, plus the 43.90% Santa Barbara-Santa Maria-Goleta, CA, MSA and Edwards Air Force Base, CA. Miami-Fort Lauderdale-Pompano Beach, FL, MSA, plus 35.55% Monroe County, FL. Milwaukee-Racine-Waukesha, WI, CSA................. 30.53% Minneapolis-St. Paul-St. Cloud, MN-WI, CSA......... 33.29% New York-Newark-Bridgeport, NY-NJ-CT-PA, CSA, plus 50.28% Monroe County, PA, and Warren County, NJ. Philadelphia-Camden-Vineland, PA-NJ-DE-MD, CSA, 36.76% plus Kent County, DE, Atlantic County, NJ, and Cape May County, NJ. Phoenix-Mesa-Scottsdale, AZ, MSA................... 34.81% Pittsburgh-New Castle, PA, CSA..................... 28.84% Portland-Vancouver-Beaverton, OR-WA, MSA, plus 33.56% Marion County, OR, and Polk County, OR. Raleigh-Durham-Cary, NC, CSA, plus the 25.23% Fayetteville, NC, MSA, the Goldsboro, NC, MSA, and the Federal Correctional Complex, Butner, NC. Richmond, VA, MSA.................................. 25.92% Sacramento-Arden-Arcade-Yuba City, CA-NV, CSA, plus 39.35% Carson City, NV. San Diego-Carlsbad-San Marcos, CA, MSA............. 43.49% San Jose-San Francisco-Oakland, CA, CSA, plus the 59.65% Salinas, CA, MSA and San Joaquin County, CA. Seattle-Tacoma-Olympia, WA, CSA, plus Whatcom 39.35% County, WA. Washington-Baltimore-Northern Virginia, DC-MD-VA- 53.94% WV, CSA, plus the Hagerstown-Martinsburg, MD- WV, MSA, the York-Hanover-Gettysburg, PA, CSA, and King George County, VA. Rest of the United States (RUS).................... 23.40%''. (b) Special Rules.--For purposes of the provision of law amended by subsection (a)-- (1) the counties of Providence, Kent, Washington, Bristol, and Newport, RI, the counties of York and Cumberland, ME, and the city of Concord, NH, shall be treated as if located in the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated Metropolitan Statistical Area; and (2) members of the Capitol Police shall be considered to be law enforcement officers within the meaning of section 402 of the Federal Law Enforcement Pay Reform Act of 1990. (c) Effective Date.--The amendment made by subsection (a)-- (1) shall take effect as if included in the enactment of the Federal Law Enforcement Pay Reform Act of 1990; and (2) shall be effective only with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act. Subsection (b) shall be applied in a manner consistent with the preceding sentence. SEC. 2. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239).

Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Eliminates the limitation on premium pay for federal criminal investigators.

To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Fertility Coverage Act of 2001''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for coverage of impotency medications such as viagra shall also provide coverage of fertility treatments. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides for coverage of impotency medications such as viagra shall also provide coverage of fertility treatments. ``(b) Construction.--Nothing in this section shall be construed as preventing a plan or issuer from-- ``(1) restricting the drugs for which benefits are provided under the plan or health insurance coverage, or ``(2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with subsection (a). ``(c) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Equity in fertility coverage.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. EQUITY IN FERTILITY COVERAGE. ``(a) In General.--The provisions of section 2707 (other than subsection (c)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) FEHBP.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) A contract may not be made or a plan approved which does not comply with the requirements of section 2753 of the Public Health Service Act.''. (d) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2002. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2002. (3) The amendment made by subsection (c) shall apply with respect to contracts for periods beginning on and after January 1, 2002. (e) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.

Equity in Fertility Coverage Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and Federal law provisions concerning the Federal employees health benefits program to require health plans covering impotency medications such as Viagra to also cover fertility treatments.

To assure equitable treatment of fertility and impotence in health care coverage under group health plans, health insurance coverage, and health plans under the Federal employees' health benefits program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Women's Lives Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The renewed commitment of the world community to the formulation of government policies that contribute to global population stabilization and to improvements in the status of women owes much to the efforts of the United Nations and its specialized agencies and organizations, particularly the United Nations Population Fund (UNFPA). (2) Over one-half of the UNFPA's assistance is devoted to maternal and child health programs, including the provision of family planning services, and it is a major supplier of modern methods of contraception. UNFPA also supports efforts aimed at preventing the spread of HIV/AIDS and other sexually- transmitted diseases and activities aimed specifically at enhancing the status of women. (3) UNFPA does not fund abortion services, rather, UNFPA seeks to reduce the incidence of abortion by improving access to contraceptive services and to reduce deaths and injuries related to unsafe abortion by supporting treatment of women suffering from its complications. (4) Operating in over 130 nations in all regions of the world and as a politically neutral source of funds, UNFPA complements the important work of the United States Agency for International Development population assistance program. (5) The United States contribution to UNFPA last year provided an estimated 870,000 women in the developing world with effective modern contraception, thereby preventing 500,000 unintended pregnancies, 200,000 abortions, and thousands of maternal and child deaths. (6) Many global environmental problems, including water shortages, pollution, tropical deforestation, and the loss of wildlife habitat are linked to rapid population growth. UNFPA has assisted countries around the world plan for and slow population growth, therefore reducing its effects on the environment. (7) Assistance provided by UNFPA conforms to the principle, affirmed at the 1994 International Conference on Population and Development by 180 nations, including the United States, that ``all couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and means to do so.''. (8) UNFPA opposes coercion in any form. All of UNFPA's programs are designed in conformity with universally recognized human rights principles. (9) An appropriate way to express the legitimate concerns of the United States Government about the population policies of the People's Republic of China is by placing those concerns on the bilateral agenda along with other important human rights issues, not by singling out a United Nations agency by withholding all funding thereby punishing the women and families around the world who depend on its humanitarian aid. (10) UNFPA plays a constructive role in helping to reduce the incidence of coercive practices in China through its country program which has been successful in eliminating targets and quotas and promoting voluntary family planning and informed consent in the 32 program counties. By improving contraceptive method choice, expanding the range of reproductive health services, and enhancing the status of women, the UNFPA country program will help to enable the Chinese to operationalize the human rights approach of the International Conference on Population and Development. (11) The United States Government provided a voluntary contribution of $21,500,000 to UNFPA for fiscal year 2001 and President Bush's budget request for fiscal year 2002 allocated $25,000,000 for UNFPA. (12) In the spring of 2001, the Secretary of State submitted written testimony to the Committee on Foreign Relations of the Senate expressing support for the invaluable work of UNFPA and for securing funding for the organization. (13) The United States Government, as part of its efforts to improve the dire health conditions of Afghan women, pledged in October 2001 an additional $600,000 to UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of the internally displaced within Afghanistan. (14) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to UNFPA of up to $34,000,000 in adopting the fiscal year 2002 foreign operations appropriations bill, which was passed by the House of Representatives on a vote of 357 to 66 and by the Senate by unanimous consent and signed into law (Public Law 107-115) by the President on January 10, 2002. (15) The Bush Administration ``recognizes our country's long history of providing international health care services, including voluntary family planning to couples around the world who want to make free and responsible decisions about the number and spacing of their children,'' and the President is committed to maintaining funding for these programs ``because he knows that one of the best ways to prevent abortion is by providing voluntary family planning services.''. SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. (a) Reappropriation of Funds.--Of the amounts appropriated for ``International Organizations and Programs'' under the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002, and which remain available, $34,000,000 for fiscal year 2002 shall be made available only for United States voluntary contributions to the United Nations Population Fund. (b) Authorization of Appropriations.--In addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $50,000,000 for fiscal year 2003 to be available only for United States voluntary contributions to the United Nations Population Fund. SEC. 4. LIMITATIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE UNITED NATIONS POPULATION FUND. (a) Prohibition on Use of Funds in China.--None of the funds made available or authorized to be appropriated by this Act may be made available for the United Nations Population Fund (hereinafter in this Act referrred to as the ``UNFPA'') for a country program in the People's Republic of China. (b) Conditions on Availability of Funds.--Amounts made available or authorized to be appropriated by this Act may not be made available to UNFPA unless-- (1) the UNFPA maintains amounts made available to the UNFPA under this Act in an account separate from other accounts of the UNFPA; (2) the UNFPA does not commingle amounts made available to the UNFPA under this Act with other sums; and (3) the UNFPA does not fund abortions as a method of family planning.

Saving Women's Lives Act of 2002 - Authorizes appropriations for FY 2002 and 2003 for U.S. voluntary contributions to the United Nations Population Fund (UNFPA). Prohibits the availability of such funds for an UNFPA country program in China. Conditions the availability of funds to UNFPA upon its maintenance of them in a separate, non-commingled account, and on its not funding abortions as a method of family planning.

To provide a United States voluntary contribution to the United Nations Population Fund.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Since 1935, the United States has owned a parcel of land in Riverside, California, consisting of approximately 9.5 acres, as more specifically described in section 2(a) (in this section referred to as the ``property''). (2) The property is administered by the Department of Agriculture and has been variously utilized for research and plant materials purposes. (3) Since 1998, the property has been administered by the Natural Resources Conservation Service. (4) Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code. (5) Since 2002, the Conservation District has incurred substantial costs in excess of $3.2 million in the operation and maintenance of the property, and the Natural Resources Conservation Service and the Conservation District recognize that hundreds of thousands of dollars still need to be expended to update utilities and other infrastructure on the property. (6) The Conservation District wishes to acquire the property and use it for conservation, environmental, and related educational purposes. (7) As provided in this Act, the conveyance of the property to the Conservation District would promote the Conservation District's conservation education and related purposes and result in savings to the Federal Government. SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA. (a) Conveyance Authorized.--The Secretary of Agriculture shall convey and quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the ``Conservation District'') all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 9.5 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. As necessary or desirable for the conveyance under this subsection, the Secretary or the Conservation District may survey all or portions of the property to be conveyed. (b) Consideration.-- (1) Appraised market value.--As consideration for the conveyance of the property under subsection (a), the Conservation District shall pay to the Secretary an amount equal to the appraised market value of the land under the hypothetical condition as unimproved land, excluding all improvements to the land other than normal utility connections such as sewer and water taps. (2) Deposit and use of consideration.--The amounts received as consideration under paragraph (1) shall be credited to the applicable appropriation of the Natural Resources Conservation Service for conservation operations in California and shall remain available, without further appropriation, until expended as the Secretary may direct. (c) Prohibition on Reservation of Interest.--The Secretary shall not reserve any future interest in the property to be conveyed under subsection (a), except that which may be acceptable to the Conservation District. (d) Hazardous Substances.--Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the conveyance of the property under subsection (a), the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, or contaminants, but shall otherwise not be required to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and petroleum derivatives. (e) Cooperative Authority.-- (1) Leases, contracts, and cooperative agreements authorized.--In conjunction with, or in addition to, the conveyance under subsection (a), the Secretary may enter into leases, contracts and cooperative agreements with the Conservation District. (2) Sole source.--Notwithstanding title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or any other provision of law, the Secretary may lease real property from the Conservation District on a noncompetitive basis. (3) Non-exclusive authority.--The authority provided by this subsection is in addition to any other authority of the Secretary. (f) Additional Terms and Conditions.--The Secretary may require such reasonable terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States, except that the conveyance does not require further administrative or environmental analyses or examination.

Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Conservation District. Requires the Conservation District to pay to the Secretary the appraised market value of the land as unimproved land, excluding all improvements other than normal utility connections such as sewer and water taps. Prohibits reservation by the Secretary of any future interest in the property to be conveyed, except that which may be acceptable to the Conservation District. Requires the Secretary, notwithstanding the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act, in conveying the property, to only meet the disclosure requirements for hazardous substances, pollutants, or contaminants, without otherwise being required to remediate or abate any such releases, including petroleum and petroleum derivatives.

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

SECTION 1. FINDINGS. Congress makes the following findings: (1) The international traffic in illicit drugs, particularly along the Southwest Border, poses a serious threat to the national security of the United States and to every nation where the production, transit, or consumption of such drugs occurs. (2) The United States considers combating international drug cartels to be one of its highest national security and foreign policy priorities. (3) In order to reduce and eliminate the illicit drug trade, the United States and countries where substantial production or transit of such drugs occurs must cooperate to eradicate and interdict supplies of such drugs and to penetrate the operations of major drug traffickers. (4) It is in the national interest that the President explore all possible mechanisms, including bilateral agreements and other plans on counternarcotics matters, in order to facilitate cooperation in joint counternarcotics programs and to better assist other governments in developing effective counternarcotics programs within their territories. (5) The bilateral agreements and other plans on counternarcotics matters to which the United States is a party should establish concrete and measurable goals with transparent benchmarks for measuring progress in the achievement of such goals. SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG AGREEMENTS AND PLANS WITH THE UNITED STATES. (a) In General.--Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2991j) is amended by adding at the end the following new subsection: ``(i) Inapplicability to Certain Countries Having Bilateral Counterdrug Agreements and Plans With the United States.-- ``(1) Inapplicability.--Subsections (a) through (g) shall not apply in a fiscal year to a country to which such subsections would otherwise apply in that fiscal year if the President determines, not later than December 31 of that fiscal year, that-- ``(A) the country is a party to a bilateral agreement and other plans with the United States, which agreement and plans together-- ``(i) are consistent with the goals and objectives established by international agreements on the illicit trafficking and abuse of narcotics and psychotropic drugs to which the United States and the country are parties; ``(ii) address issues relating to the control of illicit drugs, including production, distribution, and interdiction, demand reduction, the activities of criminal organizations, cooperation among law enforcement agencies (including the exchange of information and evidence), extradition of individuals involved in drug-related criminal activity, border security, money laundering, firearms trafficking, corruption, control of chemicals, asset forfeiture, and training and technical assistance; and ``(iii) include timetables and objective and measurable standards to assess the progress made by both countries with respect to such issues; and ``(B) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. ``(2) Consultation.--The President shall make any determination under paragraph (1) after consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, the Director of the Office of National Drug Control Policy, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Immigration and Naturalization, and the Commissioner of Customs. ``(3) Reports.--Not later than December 31 and June 30 of a fiscal year, the President shall submit to Congress a report on the progress made with respect to the control of illicit drugs by each country determined to be covered by paragraph (1) for that fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to the withholding of bilateral assistance and opposition to multilateral assistance under section 490 of the Foreign Assistance Act of 1961 for fiscal years beginning after that date.

Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States; and (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs.

A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building, Renovating, Improving, and Constructing Kids' Schools Act''. SEC. 2. FINDINGS. Congress make the following findings: (1) According to a 1999 issue brief prepared by the National Center for Education Statistics, the average public school in America is 42 years old, and school buildings begin rapid deterioration after 40 years. In addition, 29 percent of all public schools are in the oldest condition, meaning that the schools were built before 1970 and have either never been renovated or were renovated prior to 1980. (2) According to reports issued by the General Accounting Office (GAO) in 1995 and 1996, it would cost $112,000,000,000 to bring the Nation's schools into good overall condition, and one-third of all public schools need extensive repair or replacement. (3) Many schools do not have the appropriate infrastructure to support computers and other technologies that are necessary to prepare students for the jobs of the 21st century. (4) Without impeding on local control, the Federal Government appropriately can assist State and local governments in addressing school construction, renovation, and repair needs by providing low-interest loans for purposes of paying interest on related bonds. SEC. 3. DEFINITIONS. In this Act: (1) Bond.--The term ``bond'' includes any obligation. (2) Governor.--The term ``Governor'' includes the chief executive officer of a State. (3) Local educational agency.--The term ``local educational agency'' has the meaning given to such term by section 14101 of the Elementary and Secondary Education Act of 1965. (4) Public school facility.--The term public school facility shall not include-- (A) any stadium or other facility primarily used for athletic contests or exhibitions, or other events for which admission is charged to the general public; or (B) any facility which is not owned by a State or local government or any agency or instrumentality of a State or local government. (5) Qualified school construction bond.--The term ``qualified school construction bond'' means any bond issued as part of an issue if-- (A) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds of such issue; (B) the bond is issued by a State entity or local government; (C) the issuer designates such bonds for purposes of this section; and (D) the term of each bond which is part of such issue does not exceed 15 years. (6) Stabilization fund.--The term ``stabilization fund'' means the stabilization fund established under section 5302 of title 31, United States Code. (7) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS. (a) Loan Authority.-- (1) In general.--From funds made available to a State under section 5(b) the State shall make loans to State entities or local governments within the State to enable the entities and governments to make annual interest payments on qualified school construction bonds that are issued by the entities and governments not later than December 31, 2002. (2) Requests.--The Governor of each State desiring assistance under this Act shall submit a request to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require. (b) Loan Repayment.-- (1) In general.--Subject to paragraph (2), a State entity or local government that receives a loan under this Act shall repay to the stabilization fund the amount of the loan, plus interest, at the average prime lending rate for the year in which the bond is issued, not to exceed 4.5 percent. (2) Exception.--A State entity or local government shall not repay the amount of a loan made under this Act, plus interest, and the interest on a loan made under this Act shall not accrue, prior to January 1, 2005, unless the amount appropriated to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) for any fiscal year prior to fiscal year 2006 is sufficient to fully fund such part for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State. (c) Federal Responsibilities.--The Secretary of the Treasury and the Secretary of Education-- (1) jointly shall be responsible for ensuring that funds provided under this Act are properly distributed; (2) shall ensure that funds provided under this Act only are used to pay the interest on qualified school construction bonds; and (3) shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such funds. SEC. 5. AMOUNTS AVAILABLE TO EACH STATE. (a) Reservation for Indians.--From $20,000,000,000 of the funds in the stabilization fund, the Secretary of the Treasury shall make available $400,000,000 to Indian tribes for loans to enable the Indian tribes to make annual interest payments on qualified school construction bonds in accordance with the requirements of this Act that the Secretary of the Treasury determines appropriate. (b) Amounts Available.-- (1) In general.--From $20,000,000,000 of the funds in the stabilization fund that are not reserved under subsection (a), the Secretary of the Treasury shall make available to each State submitting a request under section 4(a)(2) an amount that bears the same relation to such remainder as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year 2000 bears to the amount received by all States under such part for such year. (2) Disbursal.--The Secretary of the Treasury shall disburse the amount made available to a State under paragraph (1), on an annual basis, during the period beginning on October 1, 2000, and ending September 30, 2017. (c) Notification.--The Secretary of the Treasury and the Secretary of Education jointly shall notify each State of the amount of funds the State may borrow under this Act.

Sets forth requirements for loan repayment and interest rate. Exempts a State entity or local government from such repayment and interest rate accrual prior to January 1, 2005, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2009 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State. Directs the Secretary of the Treasury and the Secretary of Education to: (1) ensure that funds provided under this Act are properly distributed, and are used to pay the interest on qualified school construction bonds; and (2) notify each State of the amount of funds it may borrow under this Act. Provides that the Secretaries shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such funds.

Building, Renovating, Improving, and Constructing Kids' Schools Act

SECTION 1. EXPANSION OF TAX REFUND REDUCTION PROVISION TO INCLUDE CERTAIN LOCAL TAX DEBT. (a) Section 3720A of title 31, United States Code (relating to reduction of tax refund by amount of debt) is amended by adding at the end the following: ``(j) Collection of Past-Due Legally Enforceable Local Government Tax Obligations.--(1) Upon receiving notice from any State on behalf of a local government that a named person owes a past-due, legally enforceable tax obligation to such local government, the Secretary of the Treasury shall, under such conditions as may be prescribed by the Secretary, determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall-- ``(A) reduce such refunds by an amount equal to the amount of such debt; ``(B) pay the amount of such reduction to the State for purposes of payment by the State to the local government on behalf of which the State submitted the notice; ``(C) notify the State of the person's name, taxpayer identification number, address, and the amount collected; and ``(D) notify the person due the refund that the refund has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. ``(2) Priorities for Offset.--(A) Any overpayment (as defined in section 6401 of the Internal Revenue Code of 1986) by a person shall be reduced pursuant to this subsection-- ``(i) after such overpayment is reduced (I) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (II) with respect to past-due support (as defined in section 464(c) of the Social Security Act); (III) with respect to any past-due, legally enforceable debt owed to a Federal agency; and (IV) with respect to any past-due, legally enforceable State income tax obligation (as defined in section 6402(e) of the Internal Revenue Code of 1986); and ``(ii) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person. ``(B) If the Secretary receives notice from one or more States (on behalf of local governments) of more than one tax obligation subject to paragraph (1) that is owed by such person to any local government, any overpayment by such person shall be applied against such debts in the order in which such notices were filed. ``(3) Notice; Consideration of Evidence.--No State may take action under this subsection on behalf of a local government until the local government certifies to the State that the local government-- ``(A) has notified the person owing the past-due, legally enforceable tax obligation by certified mail with return receipt that the State (on behalf of the local government) proposes to take action pursuant to this section; ``(B) has given such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; ``(C) has considered any evidence presented by such person and has determined that an amount of such debt is past-due and legally enforceable; and ``(D) has satisfied such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the local government has made reasonable efforts to obtain payment of such tax obligation. ``(4) Definition of Past-Due, Legally Enforceable Tax Obligation.-- In this subsection, the term `past-due, legally enforceable tax obligation' means a tax debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of tax to be due; or ``(II) a determination after an administrative hearing which has determined an amount of tax to be due; and ``(ii) which is no longer subject to judicial review; or ``(B) which resulted from a tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States (on behalf of local governments) must submit notices of past-due, legally enforceable tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States (on behalf of local governments) to pay a fee to reimburse the Secretary for the cost of applying such procedure, and such fee may be reimbursed by local governments to States in accordance with applicable State law. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous Payment to State.--Any State receiving notice from the Secretary that an erroneous payment has been made to such State with respect to a notice by the State on behalf of a local government under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State). ``(k) Treatment of Payments Made to States.--The Secretary may provide that, for the purposes of determining interest, the payment of any amount withheld under subsection (j) to a State (on behalf of a local government) shall be treated as a payment to the person or persons making the overpayment.''. (b) Disclosure of Certain Information to Agencies of States Requesting Refund Offsets for Past-Due, Legally Enforceable Tax Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue Code of 1986 is amended-- (1) in the paragraph heading, by inserting after ``6402'' the following: ``or under subsection (j) of section 3720a of title 31, united states code''; (2) in subparagraph (A), by inserting after ``6402'' the following: ``or subsection (j) of section 3720A of title 31, United States Code,''; and (3) in subparagraph (B)-- (A) by striking ``section 6402 is'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code, is''; and (B) by striking ``section 6402.'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code.''.

Directs the Secretary of the Treasury to reduce the federal tax refund of any taxpayer who owes a past-due, legally enforceable tax obligation to a local government by the amount of such obligation. Requires notice to the taxpayer of the refund reduction. Amends the Internal Revenue Code to permit disclosure of taxpayer information to agencies of states requesting refund offsets for tax debts owed to local governments.

To amend title 31, United States Code, to allow certain local tax debt to be collected through the reduction of Federal tax refunds.

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF ROLLER CHAIN. (a) Liquidation or Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of enactment of this Act, liquidate or reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest and shall refund any antidumping duties or interest which were previously paid. (b) Affected Entries.--The entries referred to in subsections (a) and (b) are the following: Entry number Date of entry Port 858442975 08/21/85 Chicago 868558147 01/28/86 Chicago 868565499 03/14/86 Chicago 858440922 07/31/85 Chicago 868565499 03/14/86 Chicago 868558147 01/28/86 Chicago 858442975 08/21/85 Chicago 858440922 07/31/85 Chicago 847648353 06/18/84 Chicago 858268324 01/04/85 Chicago 858264302 11/08/84 Chicago 858265107 11/19/84 Chicago 847650150 07/18/84 Chicago 847412877 05/09/84 Chicago 837078386 03/21/83 Chicago 837077691 02/07/83 Chicago 837077701 02/07/83 Chicago 826735834 01/13/82 Chicago 826736309 01/18/82 Chicago 821020081 02/12/82 Chicago 821020052 02/17/82 Chicago 821026768 04/13/82 Chicago 827119569 06/18/82 Chicago 837075114 10/06/82 Chicago 826727088 10/14/81 Chicago 837124777 05/19/83 Chicago 847405240 11/28/83 Chicago 837127606 08/18/83 Chicago 837125132 06/08/83 Chicago 847406100 12/22/83 Chicago 847404034 11/02/83 Chicago 837128090 09/07/83 Chicago 837126762 08/05/83 Chicago 837125569 06/22/83 Chicago 837078991 04/12/83 Chicago 837129222 10/03/83 Chicago 847406414 12/29/83 Chicago 847408014 01/31/84 Chicago 868569204 07/03/86 Chicago 868730813 08/14/86 Chicago

Directs the Bureau of Customs and Border Protection to: (1) liquidate or reliquidate certain entries of roller chains without assessment of antidumping duties or interest; and (2) refund any amounts owed.

To provide for the liquidation or reliquidation of certain entries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Harmonization Initiative Through Neutralizing Action Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The benefit of trade concessions can be adversely affected by misalignments in currency. (2) Misalignments in currency caused by government policies intended to maintain an unfair trade advantage nullify and impair trade concessions. (3) Article XV of the GATT 1994 prohibits WTO members from, by exchange rate action, frustrating the intent of the provisions of that Agreement, or, by trade action, the intent of the provisions of the Articles of Agreement of the International Monetary Fund. (4) The International Monetary Fund prohibits the use of currency manipulation as a method of gaining unfair trade advantage. The International Monetary Fund defines such manipulation as large-scale and protracted intervention in one direction to gain an unfair trade advantage. (5) Sections 301 through 309 of the Trade Act of 1974 contain the authority under United States law to take retaliatory action, including import restrictions, to enforce the rights of the United States against any unjustifiable, unreasonable, or discriminatory practice or policy of a country that burdens or restricts United States commerce. (6) Economists have estimated that the RMB (the currency of the People's Republic of China) is undervalued against the United States dollar by as much as 40 percent. (7) Import tariffs of the People's Republic of China currently average about 15 percent. Assuming the recent estimates of Chinese RMB undervaluation against the dollar are correct, the effect of a free and open currency market would be more than twice as large as the effect of eliminating every tariff that the People's Republic of China imposes on United States goods. (8) The President should formally initiate action against the People's Republic of China, on account of the manipulation of its currency, pursuant to article XV of the GATT 1994, the rules of the International Monetary Fund, sections 122 and 301 through 309 of the Trade Act of 1974 (19 U.S.C. 2132 and 2411 through 2419), and section 3004 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5304). (9) The President should, without weakening or impairing existing trade remedies, clarify and improve World Trade Organization rules with regard to currency manipulation for trade advantage to reflect modern day monetary policy not envisioned at the time current rules were adopted in 1947, and report to Congress on ways to increase oversight and input opportunities for Congress in the interaction of the United States in the World Trade Organization. SEC. 3. ANALYSIS OF AND REPORT ON EXCHANGE RATE POLICIES OF CHINA. (a) Analysis.--The Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People's Republic of China in order to determine whether that country manipulates the rate of exchange between the currency of that country and the United States dollar, within the meaning of article XV of the GATT 1994. (b) Computation of Rate of Manipulation.--If the Secretary of the Treasury makes an affirmative determination under subsection (a), the Secretary shall compute the rate of manipulation against the dollar in the form of a percentage. (c) Reports to Congress.--The Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary's analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted-- (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. SEC. 4. ADDITIONAL TARIFFS. (a) Additional Tariff.--In any case in which a report of the Secretary of the Treasury submitted under section 3(c) includes a rate of manipulation under section 3(b), the Secretary shall, not later than 30 days after the report is submitted, impose on all products of China that enter the customs territory of the United States, in addition to any duty that otherwise applies, a tariff equal to the applicable percentage of the appraised value of the product at the time of entry. For purposes of this subsection, the ``applicable percentage'' is the percentage equal to the rate of manipulation. (b) Annual Modification.--Any tariff imposed under subsection (a) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under section 3(c). SEC. 5. DEFINITIONS. In this Act, the terms ``GATT 1994'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).

Currency Harmonization Initiative through Neutralizing Action Act of 2005 - Directs the Secretary of the Treasury to analyze annually the exchange rate policies of the People's Republic of China, and to impose additional tariffs, if necessary, to equalize any currency manipulations.

To require the Secretary of the Treasury to analyze and report on the exchange rate policies of the People's Republic of China, and to require that additional tariffs be imposed on products of that country on the basis of the rate of manipulation by that country of the rate of exchange between the currency of that country and the United States dollar.

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 NATIONAL FOREST SYSTEM ADMINISTRATIVE SITES IN OREGON. (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 E, Mapleton Administrative Site, consisting of approximately 8 acres, as depicted on site plan map entitled ``Mapleton Administrative Site, May 14, 1999''. (6) 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''. (7) Tract G, Dale Administrative Site, consisting of approximately 37 acres, as depicted on site plan map entitled ``Dale Compound, February 1999''. (8) 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.

Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Parks and Recreation District in Deschutes County, Oregon. Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of administrative and visitor 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 in Oregon. Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve such facilities. Authorizes appropriations.

Bend Pine Nursery Land Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment and Growth Act''. SEC. 2. S CORPORATION 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) Tax Rate on Certain S Corporation Income.-- ``(1) In general.--Except as provided in paragraph (4), if a taxpayer has taxable S corporation 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 qualified taxable S corporation income, or ``(ii) the amount of taxable income taxed at a rate below 36 percent, plus ``(B) a tax of 34 percent of qualified taxable S corporation income in excess of the taxable income that is subject to tax under subparagraph (A). ``(2) Taxable s corporation income.--For purposes of this subsection-- ``(A) Qualified taxable s corporation income.--The term `qualified taxable S corporation income' means taxable S corporation income only to the extent such income does not exceed $5,000,000. ``(B) Special rule for qualified personal service corporation.-- ``(i) In general.--In the case of a qualified personal service corporation, taxable S corporation income taken into account under subparagraph (A) may not exceed the excess of-- ``(I) capital expenditures during the taxable year and the 2 prior taxable years, over ``(II) the amount of capital expenditures taken into account under subclause (I) for 2 prior taxable years. ``(ii) Ordering rule.--For purposes of clause (i), capital expenditures shall be used in the order in which such expenditures are made, beginning with the earliest year. ``(C) Taxable s corporation income.--The term `taxable S corporation income' means, with respect to any taxable year, the taxable income of the taxpayer for such year attributable to the active conduct of any trade or business of an eligible S corporation. ``(D) Eligible s corporation.--The term `eligible S corporation' means an S corporation, except that such term does not include-- ``(i) a personal service corporation as defined in section 469(j)(2), other than a qualified personal service corporation, and ``(ii) a personal holding company (as defined in section 542). ``(E) Qualified personal service corporation defined.--The term `qualified personal service corporation' has the meaning given such term in section 448(d)(2). ``(3) Qualified retained earnings account.--For purposes of this subsection-- ``(A) In general.--Each S corporation shall establish a qualified retained earnings account which shall be-- ``(i) increased each year by the portion of the taxable income of the S corporation that is attributable to the active conduct of a trade or business by the S corporation, ``(ii) decreased each year by the portion of the taxable loss of the S corporation that is attributable to such active conduct of a trade or business, and ``(iii) decreased by qualified and nonqualified distributions from such S corporation to the shareholders thereof. ``(B) Qualified distributions.--For purposes of subparagraph (A), a distribution from a qualified retained earnings account shall be treated as a qualified distribution if the distribution-- ``(i) is made to the owners of the eligible S corporation, and ``(ii) is made to enable the S corporation shareholder to pay income taxes (Federal, State, local) on the income of the eligible S corporation. The Secretary is authorized to promulgate regulations pursuant to this subparagraph to provide rules to determine the extent to which distributions by an S corporation are made to enable the distributee to pay its income taxes, including regulations that establish a presumption that distributions are to enable the distributee to pay income taxes if such distributions do not exceed 34 percent of qualified taxable S corporation income. ``(C) Distributions after taxable year.--For purposes of subparagraph (B), a distribution from a qualified retained earnings account within 75 days after the end of a taxable year of the eligible S corporation may be treated as a distribution made on the last day of such taxable year. ``(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)(B) 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 S corporation 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 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 applicable to the taxpayer in effect under this section for the taxpayer's taxable year exceeds 34 percent. ``(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 last-in, first-out basis. Distributions in excess of the balance of the qualified retained earnings account shall not reduce such account below zero. ``(5) 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 34 percent. ``(6) 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 distributions of qualified retained earnings.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.

Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish, as specified, a maximum taxable S corporation tax. Establishes a special rule for a qualified personal service corporation. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of qualified taxable S corporation income. Provides for an additional tax on nonqualified distributions.

Small Business Investment and Growth Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Nontribal colleges that serve Native American Indian students 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 colleges serve Native American Indian students by providing tuition-free education, with the support of the State in which the institutions 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 colleges to a State or college. (3) The value of the Native American Indian student tuition waiver benefits contributed by these colleges and the States that 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 it does not distinguish between Native American Indian students who are residents of the State or of another State. (5) In fiscal year 2012, the State of Colorado paid approximately $13,000,000 in tuition fees to support the education of Native American Indian students at Fort Lewis College in Colorado. In the State of Minnesota, the University of Minnesota waived $2,600,000 in tuition for Native American Indian students in fiscal year 2012. (6) Native American Indian 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. (b) Purpose.--It is the purpose of this Act to ensure that Federal funding is provided in order to relieve constrained State education budgets and to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students admitted 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. STATE RELIEF FROM FEDERAL MANDATE. 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.-- ``(1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2014 and each succeeding fiscal year, the Secretary shall pay to any eligible college an amount equal to the charges for tuition for such year for all Native American Indian students who-- ``(A) are not residents of the State in which the college is located; and ``(B) 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 institution of higher education serving Native American Indian students that 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 eligible college for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Native American 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 2012-2013. ``(b) Treatment of Payment.--Any amounts received by an eligible 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 Native American Indian students free of charge of tuition. ``(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 a college for each 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 for such students for such academic year that exceeds the amount received under this section 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 for such students for such academic year. ``(d) Definition of Native American Indian Students.--In this section, 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 college or State to provide tuition-free education 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.''. SEC. 4. OFFSET. (a) In General.--Notwithstanding any other provision of law, $15,000,000 in appropriated discretionary funds are hereby rescinded, on a pro rata basis, by account, from all available unobligated funds. (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 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 the Department of Defense, the Department of Veterans Affairs, or the Department of Education, or any unobligated funds available to the Department of the Interior for the postsecondary education of Native American Indian students.

Native American Indian Education Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to pay institutions of higher education the out-of-state tuition of their Indian students if the schools are required to provide a tuition-free education, with the support of their state, 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 federal government. Limits that payment each fiscal year to the institution's total out-of-state tuition for Native American Indian students in academic year 2012-2013. 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. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``alexander creek village recognition ``Sec. 43. ``(a) Recognition of the Village of Alexander Creek.--Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is an eligible Native village under section 11(b)(3). ``(b) Definitions.--For the purposes of this section, the following terms apply: ``(1) The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. ``(2) The term `conservation system unit' has the meaning given that term in the Alaska National Interest Lands Conservation Act. ``(3) The term `Alexander Creek' means Alexander Creek Incorporated, an Alaska Native Group corporation, organized pursuant to this Act. ``(4) The term `property' has the meaning given that term in Public Law 94-204 (43 U.S.C. 1611 note). ``(5) The term `Region' means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h). ``(c) Establishment.--(1) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish an account in the Treasury to be known as the `Alexander Creek account'. ``(2) Funds in the Alexander Creek account shall-- ``(A) be available to Alexander Creek for bidding on and purchasing property sold at public sale, subject to paragraph (3); and ``(B) remain available until expended. ``(3)(A) Alexander Creek may use funds in the Alexander Creek account to bid as any other bidder for property in Alaska at any public sale by an agency and may purchase such property in accordance with applicable laws and regulations of the agency offering the property for sale. ``(B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the Alexander Creek account. The Secretary of the Treasury shall adjust the balance of the Alexander Creek account to reflect the transaction. ``(C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures for the following transactions related to the Alexander Creek account: ``(i) Receipt of deposits. ``(ii) Receipt of deposits into escrow when an escrow is required for the sale of property. ``(iii) Reinstatement to the Alexander Creek account of any unused escrow deposits in the event that a sale of property is not consummated. ``(d) Land Exchange.--The Secretary of the Interior shall enter into negotiations to attempt to conclude, under the authority of section 22(f), a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough under the same procedures set forth in section 22(f) to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska, as identified by Alexander Creek. ``(e) Amount.--(1) The initial balance of the Alexander Creek account shall be the fair market value of the surface estate of the approximately 61,440 acres of deficiency selections made by Alexander Creek, as depicted on the map entitled `____________' and dated ____________. ``(2) If a conveyance is made to Alexander Creek pursuant to subsection (d), the Alexander Creek account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre determined under subsection (g). ``(f) Subsurface Estate.--The subsurface estate to lands conveyed to Alexander Creek under this section shall be conveyed, without consideration, to the Region. ``(g) Appraisal.--(1)(A) The Secretary shall determine the amount to be deposited into the Alexander Creek account by appraising the fair market value, as of the date of the enactment of this section, of each section selected as a separate parcel and considering that `public interest' use may be the highest and best use of such parcels. ``(B) Alexander Creek shall have the opportunity to present evidence of value to the Secretary. The Secretary shall provide Alexander Creek with a preliminary draft of the appraisal. Alexander Creek shall have a reasonable and sufficient opportunity to comment on the appraisal. ``(2) The Secretary shall forward a certified copy of the appraisal to Alexander Creek. ``(h) Implementation.--(1) Alexander Creek may assign without restriction any or all of the Alexander Creek account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. In the event that such an assignment is made to the Region, on notice from Alexander Creek to the Secretary of the Treasury and the Secretary of the Interior, the amount of such assignment shall be added to or made a part of the Region's Property Account in the Treasury established pursuant to section 12(b) of Public Law 94-204, and may be used in the same manner as other funds in that account. ``(2) Upon certification by the Secretary of the Interior of the appraisal completed pursuant to subsection (g), Alexander Creek shall be deemed to have accepted the terms of this section in lieu of any other land entitlement it could have received pursuant to this Act. Such acceptance shall satisfy all claims Alexander Creek had or may have had against the United States on the date of the enactment of this section. ``(3) Any land conveyed to Alexander Creek pursuant to subsection (e) shall be deemed to be a conveyance pursuant to this Act. ``(i) Treatment of Amounts From Account.--The Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Native village authorized by law as of the date of the enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 percent of payments received by or on behalf of Alexander Creek under this section may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment, any contract to the contrary notwithstanding. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.''.

Amends the Alaska Native Claims Settlement Act to recognize Alexander Creek in Seward Meridian, Alaska, as a Native village. Requires the Secretary of the Treasury to establish the Alexander Creek account in the Treasury to be available to Alexander Creek Incorporated (an Alaska Native Group corporation) for bidding on and purchasing property sold at public sale, subject to this Act. Requires the: (1) Secretary of the Interior to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough to enable Alexander Creek to select additional public lands within its original withdrawal area; and (2) conveyance, without consideration, of the subsurface estate to such conveyed lands to the Cook Inlet Region Incorporated (the Regional Corporation for Alexander Creek). Provides that: (1) upon certification by the Secretary of the appraisal of lands selected for purchase, the Alexander Creek Incorporated shall be deemed to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to this Act; and (2) the acceptance shall satisfy all claims such Corporation had or may have had against the United States on the enactment of this Act.

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

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Insurance Reform Act of 1995''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. REMOVAL OF GENDER REFERENCES. (a) In General.-- (1) Section 1315(f)(1)(F) is amended by striking out ``servicemen's'' in the first place it appears and inserting in lieu thereof ``servicemembers'''. (2) Sections 1967 (a), (c), and (f), 1968(b), 1969 (a)-(e), 1970 (a), (f), and (g), 1971(b), 1973, 1974, 1977 (a), (d), (e), and (g), 3017(a), and 3224(1) are amended by striking out ``Servicemen's'' each place it appears and inserting in lieu thereof ``Servicemembers'''. (b) Conforming Amendments.--(1)(A) The heading of subchapter III of chapter 19 is amended to read as follows: ``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY SERVICEMEN'S GROUP LIFE INSURANCE)''. (B) The item relating to such subchapter in the table of sections at the beginning of such chapter is amended to read as follows: ``Subchapter III--Servicemembers' Group Life Insurance (Formerly Servicemen's Group Life Insurance)''. (2)(A) The heading of section 1974 is amended to read as follows: ``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (B) The item relating to such section in the table of sections at the beginning of chapter 19 is amended to read as follows: ``1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. SEC. 3. MERGER OF RETIRED RESERVIST SERVICE- MEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF THE READY RESERVES. (a) Section 1965(5) is amended-- (1) in subparagraph (B), by inserting ``and'' at the end thereof; (2) by striking subparagraphs (C) and (D); and (3) redesignating subparagraph (E) as subparagraph (C). (b) Section 1967 is amended-- (1) in subsection (a)-- (A) in paragraph (1) by inserting ``and'' at the end thereof; (B) by striking paragraphs (3) and (4) in their entirety; and (C) by striking ``or the first day a member of the Reserves, whether or not assigned to the Retired Reserve of a uniformed service, meets the qualifications of section 1965(5)(C) of this title, or the first day a member of the Reserves meets the qualifications of section 1965(5)(D) of this title,''; and (2) by striking subsection (d) in its entirety; and (3) by redesignating subsections (e) and (f) as subsections (d) and (e) respectively. (c) Section 1968 is amended-- (1) in subsection (a)-- (A) by striking ``subparagraph (B), (C), or (D) of section 1965(5)'' and inserting ``section 1965(5)(B)'' in lieu thereof; (B) in paragraph (4) by striking-- (i) ``--(A)'' and inserting a comma in lieu thereof; (ii) subparagraphs (B) and (C) in their entirety; and (C) by striking paragraphs (5) and (6) in their entirety; and (2) in subsection (b) by striking the last two sentences. (d) Section 1969 is amended-- (1) in subsection (a)(2) by striking ``is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,''; (2) by striking subsection (e) in its entirety; and (3) by redesignating subsections (f) and (g) as subsections (e) and (f) respectively. SEC. 4. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY. (a) Section 1968(b) is amended by-- (1) adding ``(1)'' following ``the date such insurance would cease,'' in the first sentence; (2) redesignating clauses (1) and (2) in the first sentence as (A) and (B) respectively; (3) striking ``title.'' at the end of the first sentence and inserting in lieu thereof ``title, or, (2) at the election of the member, shall be converted to an individual policy of insurance as described in section 1977(e) of this title upon written application for conversion made to the participating company selected by the member and payment of the required premiums.''; and (4) adding ``to Veterans' Group Life Insurance'' following ``automatic conversion'' in the second sentence. (b) Section 1977 is amended-- (1) in paragraph (a) by striking the last two sentences and inserting in lieu thereof the following: ``If any person insured under Veterans' Group Life Insurance again becomes insured under Servicemembers' Group Life Insurance but dies before terminating or converting such person's Veterans' Group Insurance, Veterans' Group Life Insurance will be payable only if such person is insured for less than $200,000 under Servicemembers' Group Life Insurance, and then only in an amount which when added to the amount of Servicemembers' Group Life Insurance payable shall not exceed $200,000.''; and (2) in paragraph (e) by striking the third sentence and inserting in lieu thereof the following: ``The Veterans' Group Life Insurance policy will terminate on the day before the date on which the individual policy becomes effective.''. SEC. 5. EFFECTIVE DATE. The Servicemembers' Group Life Insurance of any member of the Retired Reserve of a uniform service in force on the date of enactment of this Act shall be converted, effective ninety days after that date, to Veterans' Group Life Insurance.

Veterans' Insurance Reform Act of 1995 - Redesignates the Servicemen's Group Life Insurance program as the Servicemembers' Group Life Insurance (SGLI) program. Merges the Retired Reservists' Servicemembers' Group Life Insurance program into the Veterans' Group Life Insurance (VGLI) program. Extends the VGLI program to members of the Ready Reserve who retire with less than 20 years of service. Authorizes an insured under: (1) the VGLI program to convert such policy to an individual policy of life insurance with a commercial insurance company at any time; and (2) the SGLI program to convert to such an individual policy upon separation from service.

Veterans' Insurance Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Superfund Compliance Act of 1997''. SEC. 2. FEDERAL ENTITIES AND FACILITIES. Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''; (2) in subsection (a)-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Definition of service charges.--In this paragraph, the term `service charge' includes-- ``(i) a fee or charge assessed in connection with-- ``(I) the processing or issuance of a permit, renewal of a permit, or amendment of a permit; ``(II) review of a plan, study, or other document; or ``(III) inspection or monitoring of a facility; and ``(ii) any other charge that is assessed in connection with a State, interstate, or local response program. ``(B) Application of federal, state, interstate, and local law.-- ``(i) In general.--Each department, agency, and instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to, and shall comply with this Act and all other Federal, State, interstate, and local substantive and procedural requirements and other provisions of law relating to a response action or restoration action or the management of a hazardous waste, pollutant, or contaminant in the same manner, and to the same extent, as any nongovernmental entity is subject to those provisions of law. ``(ii) Provisions included.--The provisions of law referred to in clause (i) include-- ``(I) a permit requirement; ``(II) a reporting requirement; ``(III) a provision authorizing injunctive relief (including such sanctions as a court may impose to enforce injunctive relief); ``(IV) sections 106 and 107 and similar provisions of Federal, State, or local law relating to enforcement and liability for cleanup, reimbursement of response costs, contribution, and payment of damages; ``(V) a requirement to pay reasonable service charges; and ``(VI) all administrative orders and all civil and administrative penalties and fines, regardless of whether the penalties or fines are punitive or coercive in nature or are imposed for an isolated, intermittent, or continuing violation. ``(C) Waiver of immunity.-- ``(i) In general.--The United States waives any immunity applicable to the United States with respect to any provision of law described in subparagraph (B). ``(ii) Limitation.--The waiver of sovereign immunity under clause (i) does not apply to the extent that a State law would apply any standard or requirement to the Federal department, agency, or instrumentality in a manner that is more stringent than the manner in which the standard or requirement would apply to any other person. ``(D) Civil and criminal liability.-- ``(i) Injunctive relief.--Neither the United States nor any agent, employee, or officer of the United States shall be immune or exempt from any process or sanction of any Federal or State court with respect to the enforcement of injunctive relief referred to in subparagraph (B)(ii)(III). ``(ii) No personal liability for civil penalty.--No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal or State law relating to a response action or to management of a hazardous substance, pollutant, or contaminant with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. ``(iii) Criminal liability.--An agent, employee, or officer of the United States shall be subject to any criminal sanction (including a fine or imprisonment) under any Federal or State law relating to a response action or to management of a hazardous substance, pollutant, or contaminant, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to any such sanction. ``(E) Enforcement.-- ``(i) Abatement actions.--The Administrator may issue an order under section 106 to any department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States. The Administrator shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as an action would be initiated against any other person. ``(ii) Consultation.--No administrative order issued to a department, agency, or instrumentality of the United States shall become final until the department, agency, or instrumentality has had the opportunity to confer with the Administrator. ``(iii) Use of penalties and fines.--Unless a State law in effect on the date of enactment of this clause requires the funds to be used in a different manner, all funds collected by a State from the Federal Government as penalties or fines imposed for violation of a provision of law referred to in subparagraph (B) 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. ``(F) Contribution.--A department, agency, or instrumentality of the United States shall have the right to contribution under section 113 if the department, agency, or instrumentality resolves its liability under this Act.''; (B) in the second sentence of paragraph (3), by inserting ``(other than the indemnification requirements of section 119)'' after ``responsibility''; and (C) by striking paragraph (4); and (3) in subsection (e), by adding at the end the following: ``(7) State requirements.--Notwithstanding any other provision of this Act, an interagency agreement under this section shall not impair or diminish the authority of a State, political subdivision of a State, or any other person or the jurisdiction of any court to enforce compliance with requirements of State or Federal law, unless those requirements have been specifically addressed in the agreement or waived without objection after notice to the State before or on the date on which the response action is selected.''.

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

Federal Facility Superfund Compliance Act of 1997

SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of the Army (referred to in this section as the ``Secretary'') shall establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed. (2) Form.--The assistance shall be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects affecting the Chesapeake Bay estuary, including projects for sediment and erosion control, protection of eroding shorelines, protection of essential public works, wastewater treatment and related facilities, water supply and related facilities, and beneficial uses of dredged material, and other related projects that may enhance the living resources of the estuary. (b) Public Ownership Requirement.--The Secretary may provide assistance for a project under this section only if the project is publicly owned, and will be publicly operated and maintained. (c) Local Cooperation Agreement.-- (1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements.--Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan.--Development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits. (B) Legal and institutional structures.-- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (d) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each local cooperation agreement entered into under this section shall be 75 percent. (2) Non-federal share.-- (A) Value of lands, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out a local cooperation agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of lands, easements, rights-of- way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of total project costs. (B) Operation and maintenance costs.--The non- Federal share of the costs of operation and maintenance of carrying out the agreement under this section shall be 100 percent. (e) Applicability of Other Federal and State Laws and Agreements.-- (1) In general.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project carried out with assistance provided under this section. (2) Cooperation.--In carrying out this section, the Secretary shall cooperate fully with the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies and departments and agencies of a State or political subdivision of a State as the Secretary determines to be appropriate. (f) Demonstration Project.--The Secretary shall establish at least one project under this section in each of the States of Maryland, Virginia, and Pennsylvania. A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (g) Report.--Not later than December 31, 1998, the Secretary shall transmit to Congress a report on the results of the program carried out under this section, together with a recommendation concerning whether or not the program should be implemented on a national basis. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for fiscal year 1995, to remain available until expended.

Directs the Secretary of the Army to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed. Requires such assistance to be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects affecting the Bay's estuary. Permits assistance for a project only if it is publicly owned and will be publicly operated and maintained. Sets forth requirements for local cooperation agreements with non-Federal interests. Sets the Federal share at 75 percent of total project costs. Requires the non-Federal share of operation and maintenance costs to be 100 percent. Directs the Secretary to establish at least one project in each of the States of Maryland, Pennsylvania, and Virginia. Authorizes appropriations.

To authorize the establishment of a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed, 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) Sense of congress.--It is the sense of the Congress that the memorial should be situated within the area that is referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area I, and in proximity to the Lincoln Memorial. (2) Determination.--The Secretary of the Interior and the National Capital Memorial Commission shall determine a location for the memorial by not later than 6 months after the date of enactment of this Act. (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.Expresses the sense of Congress that the memorial should be situated in a specified area near the Lincoln Memorial. Requires the Secretary of the Interior and the National Capital Memorial Commission to determine a location for the memorial.

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 ``Border Health Security Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Border area.--The term ``border area'' has the meaning given the term ``United States-Mexico Border Area'' in section 8 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-6). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. BORDER HEALTH GRANTS. (a) Eligible Entity Defined.--In this section, the term ``eligible entity'' means a State, public institution of higher education, local government, tribal government, nonprofit health organization, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the border area. (b) Authorization.--From funds appropriated under subsection (f), the Secretary, acting through the United States members of the United States-Mexico Border Health Commission, shall award grants to eligible entities to address priorities and recommendations to improve the health of border area residents that are established by-- (1) the United States members of the United States-Mexico Border Health Commission; (2) the State border health offices; and (3) the Secretary. (c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for-- (1) programs relating to-- (A) maternal and child health; (B) primary care and preventative health; (C) public health and public health infrastructure; (D) health promotion; (E) oral health; (F) behavioral and mental health; (G) substance abuse; (H) health conditions that have a high prevalence in the border area; (I) medical and health services research; (J) workforce training and development; (K) community health workers or promotoras; (L) health care infrastructure problems in the border area (including planning and construction grants); (M) health disparities in the border area; (N) environmental health; (O) health education; and (P) outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa)); and (2) other programs determined appropriate by the Secretary. (e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2007 and each succeeding fiscal year. SEC. 4. BORDER BIOTERRORISM PREPAREDNESS GRANTS. (a) Eligible Entity Defined.--In this section, the term ``eligible entity'' means a State, local government, tribal government, or public health entity. (b) Authorization.--From funds appropriated under subsection (e), the Secretary shall award grants to eligible entities for bioterrorism preparedness in the border area. (c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds to, in coordination with State and local bioterrorism programs-- (1) develop and implement bioterror preparedness plans and readiness assessments and purchase items necessary for such plans; (2) coordinate bioterrorism and emergency preparedness planning in the region; (3) improve infrastructure, including syndrome surveillance and laboratory capacity; (4) create a health alert network, including risk communication and information dissemination; (5) educate and train clinicians, epidemiologists, laboratories, and emergency personnel; and (6) carry out such other activities identified by the Secretary, the United States-Mexico Border Health Commission, State and local public health offices, and border health offices. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2007 and such sums as may be necessary for each succeeding fiscal year. SEC. 5. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended by adding at the end the following: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2007 and such sums as may be necessary for each succeeding fiscal year.''. SEC. 6. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE. The Secretary may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats or bioterrorism along the border area. SEC. 7. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH INSURANCE. (a) In General.--The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine for the conduct of a study concerning binational public health infrastructure and health insurance efforts. In conducting such study, the Institute shall solicit input from border health experts and health insurance issuers. (b) Report.--Not later than 1 year after the date on which the Secretary of Health and Human Services enters into the contract under subsection (a), the Institute of Medicine shall submit to the Secretary and the appropriate committees of Congress a report concerning the study conducted under such contract. Such report shall include the recommendations of the Institute on ways to expand or improve binational public health infrastructure and health insurance efforts. SEC. 8. PROVISION OF RECOMMENDATIONS AND ADVICE TO CONGRESS. Section 5 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-3) is amended by adding at the end the following: ``(d) Providing Advice and Recommendations to Congress.--A member of the Commission, or an individual who is on the staff of the Commission, may at any time provide advice or recommendations to Congress concerning issues that are considered by the Commission. Such advice or recommendations may be provided whether or not a request for such is made by a member of Congress and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or any other Federal official.''.

Border Health Security Act of 2006 - Requires the Secretary of Health and Human Services (the Secretary), acting through the U.S. members of the United States-Mexico Border Health Commission, to award grants to improve border residents' health. Requires the Secretary to award grants to states, local or tribal governments, or public health entities for bioterrorism preparedness in the border area. Authorizes appropriations to carry out the United States-Mexico Border Health Commission Act. Allows the Secretary to coordinate with the Secretary of Homeland Security in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats or bioterrorism along the border area. Requires the Secretary to enter into a contract with the Institute of Medicine for the study of binational public health infrastructure and health insurance efforts. Authorizes any member or staff of the Commission to provide advice or recommendations to Congress concerning issues that are considered by the Commission.

To establish grant programs to improve the health of border area residents and for bioterrorism preparedness in the border area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Everyone Deserves Unconditional Access to Education (EDUCATE) Act''. SEC. 2. AMENDMENT TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $12,068,264,000 or 19 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, and there are hereby appropriated $1,500,029,000 or 2.4 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, which shall become available for obligation on July 1, 2008, and shall remain available through September 30, 2009; ``(B) $13,781,789,000 or 21.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, and there are hereby appropriated $3,209,117,000 or 4.9 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, which shall become available for obligation on July 1, 2009, and shall remain available through September 30, 2010; ``(C) $15,738,479,000 or 23.5 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, and there are hereby appropriated $5,156,400,000 or 7.7 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, which shall become available for obligation on July 1, 2010, and shall remain available through September 30, 2011; ``(D) $17,972,975,000 or 26.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2011, and there are hereby appropriated $7,375,074,000 or 10.7 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2011, which shall become available for obligation on July 1, 2011, and shall remain available through September 30, 2012; ``(E) $20,524,716,000 or 29.1 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2012, and there are hereby appropriated $9,902,965,000 or 14 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2012, which shall become available for obligation on July 1, 2012, and shall remain available through September 30, 2013; ``(F) $23,438,744,000 or 32.4 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2013, and there are hereby appropriated $12,783,166,000 or 17.7 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2013, which shall become available for obligation on July 1, 2013, and shall remain available through September 30, 2014; ``(G) $26,766,497,000 or 36 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2014, and there are hereby appropriated $16,064,780,000 or 21.6 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2014, which shall become available for obligation on July 1, 2014, and shall remain available through September 30, 2015; ``(H) $30,566,712,000 or 40 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2015, and there are hereby appropriated $19,803,751,000 or 25.9 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; and ``(I) 40 percent of the amount determined under paragraph (2) for fiscal year 2016 and each subsequent fiscal year, and there are hereby appropriated 26.2 percent of the amount determined under paragraph (2) for fiscal year 2016 and each subsequent fiscal year, which shall become available for obligation (A) with respect to fiscal year 2016, on July 1, 2016, and shall remain available through September 30, 2017, and (B) with respect to each subsequent fiscal year, on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--The amount referred to in each of subparagraphs (A) through (I) of paragraph (1) is-- ``(A) the number of children with disabilities in the 2004-2005 school year in all States who received special education and related services-- ``(i) aged 3 through 5 if the States are eligible for grants under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by ``(C) the rate of annual change in the sum of-- ``(i) 85 percent of the population of all States described in subsection (d)(3)(A)(i)(II); and ``(ii) 15 percent of the population of all States described in subsection (d)(3)(A)(i)(III).''. SEC. 3. OFFSETS. The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements.

Everyone Deserves Unconditional Access to Education (EDUCATE) Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize part B programs of education of all children with disabilities. Authorizes appropriations in specified amounts for part B for FY2008-FY2016 and thereafter, according to a certain formula. (Provides phased-in increases of such authorized funding designed to reach a promised 40% federal share by FY2015.) Makes appropriations in specified amounts (which are less than the amounts this Act authorizes to be appropriated) for part B for FY2008-FY2016 and thereafter. Requires such amounts to be expended consistent with pay-as-you-go requirements.

To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Shipping Reinvestment Act of 2008''. SEC. 2. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL RULES. (a) In General.--Section 955 of the Internal Revenue Code of 1986 (relating to withdrawal of previously excluded subpart F income from qualified investment) is hereby repealed. (b) Conforming Amendments.-- (1) Section 951(a)(1)(A) of such Code is amended by adding ``and'' at the end of clause (i) and by striking clause (iii). (2) Section 951(a)(3) of such Code (relating to the limitation on pro rata share of previously excluded subpart F income withdrawn from investment) is hereby repealed. (3) Section 964(b) of such Code is amended by striking ``, 955,''. (4) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking the item relating to section 955. (c) Effective Date.--The amendments made by this section shall apply to taxable years of controlled foreign corporations ending on or after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end. SEC. 3. TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR PREVIOUSLY UNTAXED FOREIGN BASE COMPANY SHIPPING INCOME. (a) In General.--Section 965 of the Internal Revenue Code of 1986 (relating to temporary dividends received deduction) is amended by adding at the end the following new subsection: ``(g) Temporary Dividends Received Deduction for Foreign Base Company Shipping Income.-- ``(1) In general.--In the case of a corporation which is a United States shareholder and for which the election under this subsection is in effect for the taxable year, there shall be allowed as a deduction an amount equal to 85 percent of the cash distributions which are received during such taxable year by such shareholder from controlled foreign corporations to the extent that the distributions are attributable to income-- ``(A) which was derived by the controlled foreign corporation in taxable years beginning before January 1, 2005, and ``(B) which would, without regard to the year earned, be described in section 954(f) (as in effect before the enactment of the American Jobs Creation Act of 2004). ``(2) Indirect dividends.--A rule similar to the rule of subsection (a)(2) shall apply, determined by treating cash distributions which are so attributable as cash dividends. ``(3) Limitation.--The amount of dividends taken into account under this subsection shall not exceed the amount permitted to be taken into account under paragraphs (1), (3), and (4) of subsection (b), determined as if such paragraphs applied to this subsection. ``(4) Taxpayer election and designation.--For purposes of paragraph (1), a United States shareholder may, on its return for the taxable year to which this subsection applies-- ``(A) elect to apply paragraph (3) of section 959(c) before paragraphs (1) and (2) thereof, and ``(B) designate the extent, if any, to which a cash distribution reduces a controlled foreign corporation's earnings and profits attributable to-- ``(i) foreign base company shipping income (determined under section 954(f) as in effect before the enactment of the American Jobs Creation Act of 2004), or ``(ii) other earnings and profits. ``(5) Election.--The taxpayer may elect to apply this subsection to-- ``(A) the taxpayer's last taxable year which begins before the date of the enactment of this subsection, or ``(B) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year. ``(6) Reduction in benefits for failure to maintain employment levels.-- ``(A) In general.--If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in paragraph (1) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer's prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayers average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to paragraph (1)) shall be taken into income by the taxpayer during the taxable year that includes the final day of such period. ``(B) Prior average employment.--For purposes of this paragraph, the taxpayer's `prior average employment' shall be the average number of employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in paragraph (1). ``(C) Aggregation rules.--In determining the taxpayer's average employment level and prior average employment, all domestic members of a controlled group (as defined in section 264(e)(5)(B)) shall be treated as a single taxpayer.''. (b) Conforming Amendment.--Subsection (f) of section 965 of such Code is amended by inserting ``other than subsection (g)'' after ``this section'' in the material preceding paragraph (1). (c) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after the date of the enactment of this Act.

American Shipping Reinvestment Act of 2008 - Amends the Internal Revenue Code to: (1) repeal shipping investment withdrawal tax rules; and (2) allow U.S. corporate shareholders a tax deduction for dividends attributable to foreign base company shipping income received from a controlled foreign corporation.

A bill to amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thorium Energy Independence and Security Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States and foreign countries will require massive and increasing quantities of energy during the 20-year period beginning on the date of enactment of this Act to support economic growth; (2) nuclear power provides energy without generating unacceptable quantities of greenhouse gasses; (3) the generation of nuclear power in the United States and many foreign countries has been discouraged by concerns regarding-- (A) the proliferation of weapons-useable material; and (B) the proper disposal of spent nuclear fuel; (4) nuclear power plants operating on an advanced thorium fuel cycle to generate nuclear energy-- (A) could potentially produce fewer weapons-useable materials than uranium-fueled plants; and (B) would produce less long-term waste as compared to other nuclear power plants; (5)(A) thorium is more abundant than uranium; and (B) the United States possesses significant domestic quantities of thorium to ensure energy independence; (6)(A) thorium fuel cycle technology was originally developed in the United States; and (B) cutting-edge research relating to thorium fuel cycle technology continues to be carried out by entities in the United States; and (7) it is in the national security and foreign policy interest of the United States that foreign countries seeking to establish or expand generation and use of nuclear power should be provided-- (A) access to advanced thorium fuel cycle technology; and (B) incentives to reduce the risk of nuclear proliferation. SEC. 3. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION. Chapter 19 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2015 et seq.) is amended by inserting after section 244 the following: ``SEC. 251. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION. ``(a) Definitions.--In this section: ``(1) Chairman.--The term `Chairman' means the Chairman of the Nuclear Regulatory Commission. ``(2) Office.--The term `Office' means an office established under subsection (b)(1). ``(3) Secretary.--The term `Secretary' means the Secretary of Energy. ``(b) Offices for Regulation of Thorium Fuel Cycle Nuclear Power Generation.-- ``(1) Establishment.--The Secretary, in consultation with the Chairman, shall establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation in each of-- ``(A) the Office of Nuclear Energy, Science and Technology of the Department of Energy; and ``(B) the Nuclear Regulatory Commission. ``(2) Regulations.--Not later than December 31, 2012, the Chairman, in cooperation with the heads of the Offices, shall promulgate regulations for facilities and materials used in thorium fuel cycle nuclear power generation. ``(3) Demonstration projects.--The heads of the Offices, in cooperation with the head of the Idaho National Engineering Laboratory, shall carry out demonstration projects for thorium fuel cycle nuclear power generation at the Idaho National Engineering Laboratory. ``(4) International partnerships and incentives.--The heads of the Offices shall provide recommendations to the Secretary with respect to methods of-- ``(A) strengthening international partnerships to advance nuclear nonproliferation through the design and deployment of thorium fuel cycle nuclear power generation; and ``(B) providing incentives to nuclear reactor operators in the United States and foreign countries to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels. ``(c) Report.--Not later than 1 year after the date of enactment of the Thorium Energy Independence and Security Act of 2008, and annually thereafter, the Secretary shall submit to Congress a report describing, with respect to the preceding calendar year-- ``(1) progress made in implementing this section; and ``(2) activities carried out by the Offices pursuant to this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $250,000,000 for the period of fiscal years 2009 through 2013.''.

Thorium Energy Independence and Security Act of 2008 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation in each of: (1) the Office of Nuclear Energy, Science and Technology (ONEST) of the Department of Energy; and (2) the Nuclear Regulatory Commission (NRC). Directs the NRC Chairman to promulgate regulations for facilities and materials used in thorium fuel cycle nuclear power generation. Requires the heads of the two Offices to: (1) implement demonstration projects for thorium fuel cycle nuclear power generation at the Idaho National Engineering Laboratory; and (2) recommend to the Secretary methods of strengthening international partnerships to advance nuclear nonproliferation through thorium fuel cycle nuclear power generation, and of providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels.

A bill to amend the Atomic Energy Act of 1954 to provide for thorium fuel cycle nuclear power generation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Major Regulation Cost Review Act of 2008''. SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES. (a) Requirement.--Chapter 6 of title 5, United States Code, is amended by inserting after section 610 the following new section: ``Sec. 610a. Periodic review of major rules ``(a) Requirement for Review of Major Rules.--Not later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2008, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. ``(b) Purpose of Review.--The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes. ``(c) Review Within Five Years.--The plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2008 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. ``(d) Factors To Consider.--In reviewing major rules in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors: ``(1) The continued need for the rule. ``(2) The nature of complaints or comments received concerning the rule from the public. ``(3) The complexity of the rule. ``(4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. ``(5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. ``(e) Cost-Benefit Analysis.--The review shall include a cost- benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A-4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and consideration of a range of less costly regulatory alternatives. ``(f) Publication of List of Rules To Be Reviewed.--Each year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget under paragraph (4) of section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as added by section 3 of the Major Regulation Cost Review Act of 2008). The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. ``(g) Major Rule Defined.--In this section, the term `major rule' has the meaning provided by section 804 of this title.''. (b) Clerical Amendment.--The table of sections for chapter 6 of title 5, United States Code, is amended by inserting after the item relating to section 610 the following new item: ``610a. Periodic review of major rules.''. SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT. (a) Requirement To Include List of Rules To Be Reviewed in Annual Accounting Statement.--Section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) a list of the major rules which are to be reviewed by each agency, during the year following the year in which the statement and report are submitted, pursuant to section 610a of title 5, United States Code.''. (b) Requirement To Use Agency Cost-Benefit Estimates in Annual Accounting Statement.--Section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out subsection (a), the Director of the Office of Management and Budget shall require each agency annually to submit to the Office of Management and Budget the cost-benefit analyses conducted under section 610a of title 5, United States Code, for major rules of the agency during the preceding year.''.

Major Regulation Cost Review Act of 2008 - Requires each federal agency to publish in the Federal Register a plan for the periodic review of its major rules. Requires review of all existing major rules within five years and of all new rules within five years after their publication as a final rule. Directs an agency to consider: (1) the continued need for the rule; (2) the nature of public complaints or comments concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal, state, and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Requires the review to include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives. Requires each agency, annually, to publish a list of the major rules which are to be reviewed and which are to be included in an accounting statement and associated report to be submitted to Congress by the Director of the Office of Management and Budget (OMB).

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Llagas Reclamation Groundwater Remediation Initiative''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Groundwater remediation.--The term ``groundwater remediation'' means actions that are necessary to prevent, minimize, or mitigate damage to groundwater. (2) Local water authority.--The term ``local water authority'' means the Santa Clara Valley Water District. (3) Remediation fund.--The term ``Remediation Fund'' means the California Basins Groundwater Remediation Fund established pursuant to section 3(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CALIFORNIA BASINS REMEDIATION. (a) California Basins Remediation.-- (1) Establishment of remediation fund.--There shall be established within the Treasury of the United States an interest bearing account to be known as the California Basins Groundwater Remediation Fund. (2) Administration of remediation fund.--The Remediation Fund shall be administered by the Secretary of the Interior, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund.-- (A) In general.--Subject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation.-- (i) In general.--The Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-federal responsibility.--Each local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-federal share.-- For purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including-- (I) all expenditures made by non- Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non- Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project. (b) Compliance With Applicable Law.--In carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws. (c) Relationship to Other Activities.--Nothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the Llagas groundwater subbasin. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Remediation Fund $25,000,000. Such funds shall remain available until expended. Passed the House of Representatives September 21, 2004. Attest: JEFF TRANDAHL, Clerk.

Llagas Reclamation Groundwater Remediation Initiative - Establishes within the Treasury an interest bearing account to be known as the California Basins Groundwater Remediation Fund, which shall be administered by the Secretary of the Interior, acting through the Bureau of Reclamation, in cooperation with the Santa Clara Valley Water District. Requires that the Fund be used by the Secretary to provide grants to reimburse the District for the Federal share of the costs associated with designing and constructing groundwater remediation projects. Prohibits the Secretary from obligating any funds appropriated to the Fund in a fiscal year until the Secretary has deposited a matching amount provided by non-Federal interests of at least 35 percent for a project. Makes each local water authority responsible for providing the non-Federal amount required for projects under that authority. Allows the State of California, local government agencies, and private entities to provide all or any portion of the non-Federal amount. Directs the Secretary to credit the appropriate authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this Act. Authorizes appropriations to the Fund.

To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Privacy and Nondiscrimination Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The DNA molecule contains information about an individual's probable medical future. (2) Genetic information is uniquely private and personal information that should not be disclosed without the authorization of the individual. (3) The improper disclosure of genetic information can lead to significant harm to the individual, including stigmatization and discrimination in areas such as employment, education, health care and insurance. (4) An analysis of an individual's DNA provides information not only about an individual, but also about the individual's parents, siblings and children. (5) Current legal protections for genetic information, tissue samples and DNA samples are inadequate to protect genetic privacy, and require further attention. (6) Laws for the collection, storage and use of identifiable DNA samples and private genetic information obtained from those samples are needed both to protect individual privacy and to permit legitimate genetic research. (b) Purposes.--It is the purpose of this Act to-- (1) define the rights of individuals whose genetic information is disclosed; (2) define the circumstances under which an individual's genetic information may be disclosed; and (3) protect against discrimination by an insurer or employer based upon an individual's genetic information. SEC. 3. DEFINITIONS. As used in this Act: (1) DNA.--The term ``DNA'' means deoxyribonucleic acid. (2) DNA sample.--The term ``DNA sample'' means any human biological specimen from which DNA can be extracted, or the DNA extracted from such specimen. (3) Employer.--The term ``employer'' has the same meaning given such term in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)). (4) Genetic information.--The term ``genetic information'' means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member. (5) Genetic test.--The term ``genetic test'' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to diagnose a genetic characteristic. (6) Insurer.--The term ``insurer'' means an insurance company, health care service contractor, fraternal benefit organization, insurance agent, third party administrator, insurance support organization or other person subject to regulation under State insurance laws. Such term includes self- funded health plans and health plans regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. REQUIREMENTS FOR DISCLOSURE OF GENETIC INFORMATION. (a) Prohibition.-- (1) In general.--Except as provided in paragraph (2), regardless of the manner in which genetic information was received, or of the source of such information, including information received from an individual, an entity may not disclose or be compelled (by subpoena or any other means) to disclose genetic information about an individual unless such disclosure is specifically authorized by the individual involved or the legal representative of the individual through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. (2) Exceptions.--Notwithstanding paragraph (1), genetic information concerning an individual may be disclosed if such disclosure-- (A) is authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (B) is required under the specific order of a Federal or State court; (C) is authorized under Federal or State law for the purpose of establishing paternity; (D) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or (E) is for the purpose of identifying bodies. (b) Application of Section.--The prohibitions of this section shall apply to any redisclosure by any entity after another entity has disclosed the genetic information. SEC. 5. PROHIBITION ON CERTAIN EMPLOYMENT PRACTICES. (a) Discrimination as to Rights or Benefits.--No employer may seek to obtain, obtain, or use the genetic information of an employee or a prospective employee, or require a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. (b) Enforcement.--The powers, remedies, and procedures set forth in sections 705 through 709 of the Civil Rights Act of 1964 shall be the powers, remedies, and procedures this section provides to any person alleging a violation of this section. SEC. 6. REQUIREMENTS RELATING TO INSURERS. (a) General Prohibition.--An insurer offering health insurance may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. (b) Prohibition on Inducement.--With respect to a genetic test conducted in accordance with subsection (c), an insurer may not use such a genetic test as an inducement for the purchase of insurance. (c) Permissibility of Tests.--If an insurer requests that an applicant for insurance (other than an applicant for health insurance) take a genetic test in connection with an application for insurance, the use of the results of such test shall be disclosed to the applicant and the insurer shall obtain the specific written authorization of the applicant for such disclosure. (d) Application.--This section shall apply only to insurance policies issued on or after the date of enactment of this Act, and to the renewal of policies issued before, on, or after such date of enactment. SEC. 7. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY COMMISSION. Not later than 1 year after the date of the enactment of this Act, the National Bioethics Advisory Commission shall prepare and submit to the appropriate committees of Congress a report containing recommendations on-- (1) the development and implementation of standards to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) the development and implementation of appropriate standards for the acquisition and retention of genetic information in all settings, including appropriate exceptions.

Genetic Privacy and Nondiscrimination Act of 1997 - Establishes limitations regarding genetic information disclosure and use. Prohibits disclosure about an individual unless specifically authorized by the individual, or the individual's representative, through a written authorization that includes certain elements. Specifies the circumstances in which disclosure is allowed. (Sec. 5) Prohibits employment discrimination on the basis of genetic tests. Provides for enforcement through the same powers, procedures, and remedies as are provided under specified provisions of the Civil Rights Act of 1964. (Sec. 6) Prohibits health insurance discrimination on the basis of genetic tests. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance. (Sec. 7) Directs the National Bioethics Advisory Commission to report to congressional committees its recommendations on appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.

Genetic Privacy and Nondiscrimination Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Trails System Willing Seller Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In spite of commendable efforts by State and local governments and private volunteer trail groups to develop, operate, and maintain the national scenic and national historic trails designated by Act of Congress in section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)), the rate of progress towards developing and completing the trails is slower than anticipated. (2) Nine of the twelve national scenic and historic trails designated between 1978 and 1986 are subject to restrictions totally excluding Federal authority for land acquisition outside the exterior boundaries of any federally administered area. (3) To complete these nine trails as intended by Congress, acquisition authority to secure necessary rights-of-way and historic sites and segments, limited to acquisition from willing sellers only, and specifically excluding the use of condemnation, should be extended to the Secretary of the Federal department administering these trails. SEC. 3. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL AUTHORITY OVER THE NATIONAL TRAILS SYSTEM. It is the sense of the Congress that in order to address the problems involving multijurisdictional authority over the National Trails System, the Secretary of the Federal department with jurisdiction over a national scenic or historic trail should-- (1) cooperate with appropriate officials of each State and political subdivisions of each State in which the trail is located and private persons with an interest in the trail to pursue the development of the trail; and (2) be granted sufficient authority to purchase lands and interests in lands from willing sellers that are critical to the completion of the trail. SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN TRAILS OF THE NATIONAL TRAILS SYSTEM ACT. (a) Intent.--It is the intent of Congress that lands and interests in lands for the nine components of the National Trails System affected by the amendments made by subsection (b) shall only be acquired by the Federal Government from willing sellers. (b) Limited Acquisition Authority.-- (1) Oregon national historic trail.--Paragraph (3) of section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (2) Mormon pioneer national historic trail.--Paragraph (4) of such section is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (3) Continental divide national scenic trail.--Paragraph (5) of such section is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (4) Lewis and clark national historic trail.--Paragraph (6) of such section is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (5) Iditarod national historic trail.--Paragraph (7) of such section is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (6) North country national scenic trail.--Paragraph (8) of such section is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (7) Ice age national scenic trail.--Paragraph (10) of such section is amended by adding at the end the following new sentence: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (8) Potomac heritage national scenic trail.--Paragraph (11) of such section is amended in the fourth sentence by inserting before the period the following: ``except with the consent of the owner thereof.''. (9) Nez perce national historic trail.--Paragraph (14) of such section is amended in the fourth sentence by inserting before the period the following: ``except with the consent of the owner thereof.''. (c) Protection for Willing Sellers.--Section 7 of the National Trails System Act (16 U.S.C. 1246) is amended by adding at the end the following new subsection: ``(l) Protection for Willing Sellers.--If the Federal Government fails to make payment in accordance with a contract for the sale of land or an interest in land for one of the national scenic or historic trails designated by section 5(a), the seller may utilize any of the remedies available to the seller under all applicable law, including electing to void the sale.''. (d) Conforming Amendment.--Section 10(c) of the National Trails System Act (16 U.S.C. 1249(c)) is amended-- (1) by striking paragraph (1); and (2) by striking ``(2) Except'' and inserting ``Except''. Passed the House of Representatives March 13, 2001. Attest: JEFF TRANDAHL, Clerk.

National Trails System Willing Seller Act - Expresses the sense of Congress that, in order to address problems involving multijurisdictional authority over the National Trails System, the Secretary of the Federal department with jurisdiction over a national scenic or historic trail should: (1) cooperate with appropriate State and local officials and private persons to pursue the trail's development; and (2) be granted sufficient authority to purchase from willing sellers lands and interests in lands critical to trail completion.Provides for Federal acquisition of lands from willing sellers for specified System trails. Amends the National Trails System Act to provide protection for such willing sellers.

To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2010''. SEC. 2. QUARTERLY REPORTS DURING CONSERVATORSHIP. (a) Reporting Requirement.--For each reporting period, the covered officer shall submit to the Congress a report for each enterprise that summarizes the activities of the covered officer with respect to such enterprise, and the activities and condition of such enterprise, during such reporting period. (b) Contents.--Each report required under this section for an enterprise for a reporting period shall include the following information: (1) A description, including dollar amount, of total liabilities of the enterprise as of the reporting date, with a detailed breakdown of the potential level of risk to the Federal Government inherent in the dollar amount of each separate type of liability and a quantification as to how the risk to the Federal Government has changed from the previous reporting period, distinguishing between changes attributable to volume and changes attributable to changes in risk levels. (2) An explanation of, including rationale for, all compensation and bonuses paid to any executive officer (as such term is defined in section 1303 of the Housing and Community Development Act of 1992 (12 U.S.C. 4502)) of the enterprise, and any retention decisions made, by the enterprise during such period regarding its executive officers. (3) A description of foreclosure mitigation activities of the enterprise during such period, including any related data, a list of law firms and attorneys approved or retained by the enterprise for handling foreclosure and bankruptcy matters relating to mortgages held or securitized by the enterprise, and the eligibility criteria used for such approval or retention and reasons for limiting such list, and the number of mortgage loans held by the enterprise that were refinanced in 2008 and 2009 through foreclosure mitigation activities of the enterprise that have, during such period, entered into default. (4) A description of any mortgage fraud prevention activities undertaken by the enterprise during such period and data describing the extent of mortgage fraud during such period, including descriptions of the efforts of the enterprise to prevent or detect mortgage fraud, of the pervasiveness of mortgage fraud, and of the most prevalent types of mortgage fraud detected. (5) A listing with description of any formal or informal communication between Governors and staff of the Board of Governors of the Federal Reserve System and executives in the enterprise and any formal or informal communication between officials and staff of the Department of the Treasury and the Governors and staff of the Board of Governors of the Federal Reserve System and executives in the enterprise regarding the purchase or sale of any enterprise-related securities. (6) A description of any investments, holdings, and activities of the enterprise during such period that are not consistent with the mission of the enterprise as provided under Federal law. (7) A description of the reasons for any equity investments in the enterprise by the Department of the Treasury during such period and any increase during such period in the authorized amount of equity investments by such Department. (8) An analysis of the capital levels and portfolio size of the enterprise during such period and their impacts on the safety and soundness of the enterprise. (9) A description and analysis of the underwriting standards of the enterprise applicable during such period, including the criteria for safety and soundness of mortgage loans for single-family, multi-family, and condominium residential homes securitized by the enterprise and the ability of such criteria to ensure such safety and soundness. (10) An analysis of actions taken by the enterprise that had a beneficial or harmful effect on holders of enterprise- related securities, in particular, preferred stock issued prior to September 6, 2008. (11) Any other information that the covered officer considers relevant or important with respect to the enterprise, and the activities and condition of the enterprise. (c) Reporting Periods; Timing of Reports.-- (1) Initial period.--The first reporting period for each enterprise shall be the period that began upon the commencement of the conservatorship period for the enterprise and that ends upon the date of the enactment of this Act. The reports required under this section for such period shall be submitted not later than the expiration of the 60-day period beginning on the date of the enactment of this Act. (2) Quarterly periods.--After the first reporting period, the reporting periods for each enterprise shall be each calendar quarter that concludes after the date of the enactment of this Act. Each report for each such reporting period shall be submitted not later than the expiration of the 60-day period beginning upon the conclusion of such reporting period. (3) Receivership.--Notwithstanding paragraph (2), if at any time a receiver is appointed for an enterprise pursuant to section 1367 of the Housing and Community Development Act of 1992 (12 U.S.C. 4617), the reporting periods for the enterprise during such receivership shall be each calendar month (or such shorter period as the covered officer considers appropriate). Each report for each such reporting period shall be submitted not later than the expiration of the 30-day period beginning upon the conclusion of such reporting period. (4) Nationalization.--Notwithstanding paragraph (2), if at any time the Federal Government or any agency or entity of the Federal Government obtains control of an enterprise under law or through ownership of voting stock of the enterprise, or the covered officer determines that the enterprise has otherwise been nationalized, the reporting periods for the enterprise after such nationalization occurs shall be the consecutive 6- month periods (the first such period beginning upon such nationalization (or such shorter period as the covered officer considers appropriate). Each report for each such reporting period shall be submitted not later than the expiration of the 60-day period beginning upon the conclusion of such reporting period. (d) Public Availability.--The covered officer shall-- (1) make information regarding the activities of the covered officer, including each report submitted to the Congress pursuant to this section, available to the public, including through a World Wide Web site of the Federal Housing Finance Agency; and (2) establish an electronic mail address and a toll-free telephone number, and shall publicize the availability of such address and number, by which the public may report waste, fraud, or abuse by an enterprise. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Conservatorship period.--The term ``conservatorship period'' means, with respect to an enterprise, the period that-- (A) began upon appointment of the Federal Housing Finance agency as conservator for the enterprise on September 6, 2008, pursuant to section 1367 of the Housing and Community Development Act of 1992 (12 U.S.C. 4617); and (B) ends upon the termination of such conservatorship of the enterprise. (2) Covered officer.--The term ``covered officer'' means-- (A) the Inspector General of the Federal Housing Finance Agency, if one has been appointed pursuant to section 1317(d) of the Housing and Community Development Act of 1992 (12 U.S.C. 4517); (B) if the officer referred to in subparagraph (A) has not been appointed, any interim inspector general for the Federal Housing Finance Agency appointed pursuant to any provision of law providing for such office; or (C) if the officer referred to in subparagraph (A) has not been appointed and an officer referred to in subparagraph (B) has not been appointed, the Associate Director for Internal Audit of the Federal Housing Finance Agency. (3) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (4) Reporting period.--The term ``reporting period'' means a period described in paragraph (1), (2), (3), or (4) of subsection (c).

Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2010 - Directs the Inspector General (IG) of the Federal Housing Finance Agency to submit quarterly reports to Congress on the IG's activities with respect to the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) and their activities and condition while they are in conservatorship status.

To require the Inspector General of the Federal Housing Finance Agency to submit quarterly reports to the Congress during the conservatorship of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Highway Restoration Act''. SEC. 2. NATIONAL ORPHAN HIGHWAYS PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. National orphan highways program ``(a) Grants and Technical Assistance.-- ``(1) In general.--The Secretary shall make grants and provide technical assistance to States, and units of local government to-- ``(A) perform preventive maintenance on or carry out projects for resurfacing, restoration, reconstruction, and rehabilitation of an orphan highway, as defined in subsection (e); and ``(B) rehabilitate, repair, or construct sidewalks, medians, bike lanes, traffic-calming devices, signaling, or signage to enhance community livability on or adjacent to an orphan highway. ``(2) Priority.--In making grants, the Secretary shall give priority to projects that-- ``(A) include rehabilitation measures that focus on pedestrian safety; ``(B) are coordinated with State and local adopted preservation or development plans; ``(C) promote cost-effective and strategic investments in transportation infrastructure that minimize adverse impacts on the environment; ``(D) promote innovative private sector strategies; ``(E) foster public-private partnerships; ``(F) include a higher percentage of State or locally matched funds; ``(G) have zoning designations that support more intensive, mixed-use development along part or all of the route; or ``(H) upon completion, will result in the transfer of ongoing management and administrative responsibilities from the State to the local jurisdiction. ``(3) Distribution of funds.--The Secretary shall allocate funds made available for this section for fiscal years 2004 through 2009 among the grant recipients, using 2000 census data as follows: ``(A) not less than 20 percent to units of local government with a population between 50,000 and 250,000 residents; and ``(B) not less than 50 percent to units of local government with a population of less than 50,000. ``(b) Savings Clause.--The Secretary shall not withhold any grant or impose any requirement on a grant recipient as a condition of providing a grant or technical assistance for any orphan highway unless the requirement is consistent with the authority provided in this chapter. ``(c) Federal Share.--The Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of an orphan highway that provides access to or within Federal or Indian land, the head of a Federal land management agency may use funds authorized for such agency for the non-Federal share. ``(d) Administrative Oversight.--A grant recipient may use not more than 2 percent of funds received under this section for administrative costs. ``(e) Definitions.--For purposes of this Act the following definitions apply: ``(1) Orphan highway.-- ``(A) is or was formerly a United States numbered highway; ``(B) is located within the boundaries of a unit of local government as defined under paragraph (2); ``(C) is no longer a principal route for traffic passing through the State after construction of a bypass or Interstate; ``(D) currently functions as a county, parish, or city arterial or collector route, or provides access to or within Federal or tribal lands; and ``(E) because of decreased importance to statewide transportation, has received only routine maintenance but needs significant resurfacing, restoration, reconstruction, or rehabilitation. ``(2) Unit of local government.--The term `unit of local government' means-- ``(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; ``(B) any law enforcement district or judicial enforcement district that-- ``(i) is established under applicable State law; and ``(ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; ``(C) an Indian Tribe (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or ``(D) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for-- ``(i) the District of Columbia; or ``(ii) any Trust Territory of the United States.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 164 the following: ``165. National orphan highways program.''.

Orphan Highway Restoration Act - Directs the Secretary of Transportation to make grants and provide technical assistance to States and local governments to: (1) perform preventive maintenance on or carry out projects for resurfacing, restoration, reconstruction, and rehabilitation of orphan highways; and (2) rehabilitate, repair, or construct sidewalks, medians, bike lanes, traffic-calming devices, signaling, or signage to enhance community livability on or adjacent to such highways. Defines "orphan highway" as one that: (1) is or was formerly a United States numbered highway; (2) is located within the boundaries of a local government (which includes an Indian Tribe); (3) is no longer a principal route for traffic passing through the State after construction of a bypass or Interstate; (4) currently functions as a county, parish, or city arterial or collector route or provides access to or within Federal or tribal lands; and (5) because of decreased importance to statewide transportation has received only routine maintenance, but needs significant resurfacing, restoration, reconstruction, or rehabilitation. Specifies projects to receive funding priority, such as those that include rehabilitation measures that focus on pedestrian safety, that are coordinated with State and local adopted preservation plans, that promote cost-effective and strategic investments in transportation infrastructure that minimizes adverse environmental impacts, or that foster public-private partnerships. Sets forth provisions regarding fund distribution and the Federal cost share.

To amend title 23, United States Code, to provide grants and technical assistance to restore orphan highways.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber-Security Enhancement Act of 2007''. SEC. 2. PERSONAL ELECTRONIC RECORDS. Section 1030(a)(2) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by adding at the end the following: ``(D) a unique electronic identification number, address or routing code, or access device (as defined in section 1029(e)(1)), from a protected computer; or''. SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. (a) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. (b) Elimination of Requirement of an Interstate or Foreign Communication for Certain Offenses Involving Protected Computers.-- Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. SEC. 4. RICO PREDICATES. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 1030 (relating to fraud and related activity in connection with computers),'' before ``section 1084''. SEC. 5. CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended by inserting ``, or to access without authorization or exceed authorized access to a protected computer'' after ``cause damage to a protected computer''. SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ``or conspires'' after ``attempts''. SEC. 7. PENALTIES FOR SECTION 1030 VIOLATIONS. Subsection (c) of section 1030 of title 18, United States Code, is amended to read as follows: ``(c) The court, in imposing sentence for an offense under subsection (a) or (b), shall, in addition to any other sentence imposed and irrespective of any provision of State law, order that the person forfeit to the United States-- ``(1) the person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(2) any property, real or personal, constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation.''. SEC. 8. DIRECTIVE TO SENTENCING COMMISSION. (a) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall forthwith review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of title 18, United States Code and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in paragraph (a), the Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data-- (1) the level of sophistication and planning involved in such offense; (2) whether such offense was committed for purpose of commercial advantage or private financial benefit; (3) the potential and actual loss resulting from the offense; (4) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (5) the extent to which the offense violated the privacy rights of individuals; (6) the effect of the offense upon the operations of a government agency of the United States, or of a State or local government; (7) whether the offense involved a computer used by the government in furtherance of national defense, national security or the administration of justice; (8) whether the offense was intended to, or had the effect of significantly interfering with or disrupting a critical infrastructure; (9) whether the offense was intended to, or had the effect of creating a threat to public health or safety, injury to any person, or death; and (10) whether the defendant purposefully involved a juvenile in the commission of the offense to avoid punishment. (c) Additional Requirements.--In carrying out this section, the Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 9. DAMAGE TO PROTECTED COMPUTERS. (a) Section 1030(a)(5)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (iv); (2) by inserting ``or'' at the end of clause (v); and (3) by adding at the end the following: ``(vi) damage affecting ten or more protected computers during any 1-year period.''. (b) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``(v) (relating to protection of computers)'' and inserting ``(vi) (relating to the protection of computers)''. SEC. 10. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS. (a) Additional Funding for Resources.-- (1) Authorization.--In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2007 through 2011-- (A) $10,000,000 to the Director of the United States Secret Service; (B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice; and (C) $10,000,000 to the Director of the Federal Bureau of Investigation. (2) Availability.--Any amounts appropriated under paragraph (1) shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a) shall be used by the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, and the Attorney General, for the United States Secret Service, the Federal Bureau of Investigation, and the criminal division of the Department of Justice, respectively, to-- (1) hire and train law enforcement officers to-- (A) investigate crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and (2) procure advanced tools of forensic science to investigate, prosecute, and study such crimes.

Cyber-Security Enhancement Act of 2007 - Amends the federal criminal code to: (1) prohibit accessing a protected computer to obtain a unique identification number, address or routing code, or access device; (2) revise the definition of "protected computer" to include computers affecting interstate or foreign commerce or communication; (3) expand the definition of "racketeering" to include computer fraud; (4) redefine the crime of computer-related extortion to include threats to access without authorization (or to exceed authorized access of) a protected computer; (5) impose criminal penalties for conspiracy to commit computer fraud; (6) require forfeiture of property used to commit computer fraud; and (7) impose criminal penalties for damaging 10 or more protected computers during any one-year period. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud. Authorizes additional appropriations in FY2007-FY2011 to the U.S. Secret Service, the Department of Justice, and the Federal Bureau of Investigation (FBI) to investigate and prosecute criminal activity involving computers.

To amend title 18, United States Code, to better assure cyber-security, and for other purposes.