Abhinay123/billsum-summarization-filtered3

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Medicaid Protection Act''. SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) by striking ``and'' at the end of paragraph (82)(C); (2) by striking the period at the end of paragraph (83) and inserting ``; and''; and (3) by inserting after paragraph (83) the following new paragraph: ``(84)(A) provide that in the case of an eligible juvenile-- ``(i) the State shall not terminate (but shall suspend) eligibility for medical assistance for such juvenile during the period that such individual is an inmate of a public institution, but shall establish a process to ensure that-- ``(I) the State does not claim Federal financial participation for items and services that are excluded from the definition of medical assistance under subdivision (A) (following paragraph (29)) in section 1905(a); and ``(II) ensures that the eligible juvenile receives (other than under this title) items and services which are included in the definition of medical assistance and for which Federal financial participation would have otherwise been permitted but for the status of the juvenile as such an inmate; and ``(ii) the State shall automatically restore full eligibility for such medical assistance to such eligible juvenile upon release from such institution and shall take all necessary steps to ensure that such juvenile can begin receiving medical assistance under this title immediately upon release from such institution, unless (and until such date) there is a determination that the juvenile no longer meets the State or Federal eligibility requirements for such medical assistance. ``(B) For purposes of this paragraph, the term `eligible juvenile' means an individual who-- ``(i) is 21 years of age or younger; ``(ii) was enrolled for medical assistance under the State plan immediately before becoming an inmate of a public institution; ``(iii) on the expected date of release of such individual from such institution-- ``(I) will be 21 years of age or younger; and ``(II) notwithstanding subdivision (A) (following paragraph (29)), in section 1905(a), will be eligible for medical assistance under the State plan.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act and shall apply to eligibility and enrollment on or after such date. (2) Rule for changes requiring state legislation.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

At-Risk Youth Medicaid Protection Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit a state from terminating (but requires it to suspend) eligibility for medical assistance for an eligible juvenile during the time he or she is an inmate of a public institution. Requires the state to establish a process to ensure that: (1) it does not claim federal financial participation for items and services excluded from covered medical assistance, and (2) the eligible juvenile receives items and services which are covered and for which federal financial participation would have otherwise been permitted but for the juvenile's status as an inmate. Requires the state to: (1) restore automatically full eligibility for such medical assistance to an eligible juvenile upon release from the institution; and (2) take all necessary steps to ensure that the juvenile can begin receiving medical assistance under Medicaid immediately upon such release, unless he or she no longer meets state or federal eligibility requirements.

To amend title XIX of the Social Security Act to protect the eligibility of incarcerated youth for medical assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Product Safety Notification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal. (2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs. (3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone. (4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 28 percent) were children's products. Children's products were recalled, on average, over 2 times per week, and accounted for 19,635,627 individual units. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Durable infant or toddler product.--The term ``durable infant or toddler product''-- (A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) high chairs, booster chairs, and hook-on chairs; (iv) bath seats; (v) gates and other enclosures for confining a child; (vi) play yards; (vii) stationary activity centers; (viii) child carriers; (ix) strollers; (x) walkers; (xi) swings; (xii) bassinets and cradles; and (xiii) children's folding chairs. SEC. 4. CONSUMER PRODUCT REGISTRATION FORMS. (a) Rulemaking.--Not later than 270 days after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a final consumer product safety standard under section 7 of such Act (15 U.S.C. 2056) to require manufacturers of durable infant or toddler products-- (1) to provide consumers with a postage-paid consumer registration form with each such product; (2) to maintain a record of the names, addresses, email addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and (3) to permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product. (b) Requirements for Registration Form.--The registration form required to be provided to consumers under subsection (a) shall-- (1) include spaces for a consumer to provide their name, address, telephone number, and email address; (2) include space sufficiently large to permit easy, legible recording of all desired information; (3) be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product; (4) include the manufacturer's name, model name and number for the product, and the date of manufacture; (5) include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration; (6) include an option for consumers to register through the Internet; and (7) a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product. In issuing regulations under this section, the Commission may prescribe the exact text and format of the required registration form. (c) Record Keeping and Notification Requirements.--The standard required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of registrants for each product manufactured that includes all of the information provided by each consumer registered, and to use such information to notify such consumers in the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after the date of manufacture of the product. Consumer information collected by a manufacturer under this Act may not be used by the manufacturer, nor disseminated by such manufacturer to any other party, for any purpose other than notification to such consumer in the event of a product recall or safety alert. (d) Study.--The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms in facilitating product recalls. Upon the conclusion of such study, the Commission shall report its findings to Congress.

Child Product Safety Notification Act - Instructs the Consumer Product Safety Commission to promulgate a final consumer product safety standard that requires manufacturers of durable infant or toddler products to: (1) provide consumers with a postage-paid consumer registration form with each such product; (2) maintain a record of registered consumer contact information to improve the effectiveness of product recalls; (3) permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product; and (4) implement specified recordkeeping and notification requirements.

To direct the Consumer Product Safety Commission to require certain manufacturers to provide consumer product registration forms to facilitate recalls of durable infant and toddler products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Accountability and Diversion Act of 1999''. SEC. 2. AMENDMENTS. Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended-- (1) by redesignating the 2d part I as part K, (2) by inserting after section 291E the following: ``Part J--Juvenile Accountability Coordinators ``establishment of program ``Sec. 292A. (a) The Administrator may make grants to units of local government for the purpose of employing juvenile accountability coordinators each of whom shall provide comprehensive services in accordance with this part to juveniles (and to the families of such juveniles) who come within the jurisdiction of the juvenile justice system and who are not alleged to have committed a serious crime. ``(b) For the purpose of making such grants for a fiscal year, the Administrator shall take into consideration factors that include-- ``(1) the per capita rate of offenses (other than serious crimes) committed by juveniles in the geographical area under the jurisdiction of each unit of local government that applies for a grant under this part for such fiscal year; and ``(2) the economic resources available to such unit of local government to respond to such offenses committed by juveniles. ``(c) The aggregate amount of grants made under this part to a particular unit of local government for a fiscal year may not exceed $300,000. ``eligibility to receive grants ``Sec. 292B. To be eligible to receive a grant under this part, the chief executive officer of a unit of local government shall submit to the Administrator an application at such time, in such form, and containing such information and assurances as the Administrator may require by rule, including the following: ``(1) An assurance that such grant will be used only to employ, as part of the juvenile justice system administered by such unit of local government, 1 or more qualified juvenile accountability coordinators each of whom shall be required by such unit of local government to perform all of the following functions with respect to the particular juveniles who come within the jurisdiction of such system, who are not alleged to have committed a serious crime, and who are assigned to the particular coordinator: ``(A) Whenever a juvenile is initially taken into custody by any law enforcement authority of such unit of local government for the commission of an offense other than a serious crime, such unit of local government shall assign a juvenile accountability coordinator-- ``(i) to contact expeditiously an individual who is a legal guardian of such juvenile, or other appropriate individual, for the purpose of assisting such individual to participate in proceedings and determinations that will lead to the disposition of matter; ``(ii) provide on the request of such juvenile, of a legal guardian of such juvenile, or of another appropriate individual, information and referral relating to available-- ``(I) mental and physical health services; ``(II) substance abuse services; ``(III) family counseling; and ``(IV) appropriate social services; and ``(iii) monitor compliance with the terms and conditions of any judicial or administrative order, or any diversion accountability plan, as in effect pending the final disposition of the matter on which the arrest is based. ``(B) Such coordinator shall make and maintain a written record relating to such juvenile, including-- ``(i) a description and assessment of the circumstances under which such juvenile was taken into custody; ``(ii) a description and assessment of the immediate events that gave rise to such circumstances; ``(iii) a description and assessment of the events and circumstances occurring while such juvenile is held in custody; ``(iv) family relationships, and family history, of such juvenile; and ``(vi) medical history (including substance abuse), school performance, peer associations, and previous delinquency (if any) of such juvenile. ``(C) While such juvenile is in the jurisdiction of juvenile justice system, such coordinator shall assist such authorities to achieve a comprehensive review, and appropriate disposition, of the matter on which the arrest is based and, by creating a diversion accountability plan, to reduce the probability that such juvenile will engage in unlawful behavior. ``(D) allow such juveniles to comply with the requirements of a diversion accountability plan developed by such coordinator with and made available to such juvenile, in lieu of having such offense adjudicated by the judicial authority of such unit of local government; ``(E) not adjudicate such offense if such juvenile agrees to comply and does comply with the requirements specified in such plan; ``(F) require all juvenile accountability coordinators-- ``(i) to provide to the judicial authorities of such unit of local government, information gathered by such coordinators for the purpose of making records required by paragraph (1)(B); and ``(ii) to cooperate, to the maximum extent permitted by law, with attorneys, prosecutors, judges, parents, and juveniles involved in the juvenile justice system, to assist in determining appropriate sanctions to be imposed for offenses committed by juveniles; ``(G) collect data from such coordinators and make such data available to the Office of Juvenile Justice and Delinquency Prevention, together with information regarding the number of juveniles who agree to comply with and who do comply with diversion accountability plans; and ``(H) monitor the rate at which juveniles who comply with such plans commit subsequent offenses while they are juveniles. ``(2) An assurance that if a juvenile who agrees to comply with and does comply with a diversion accountability plan, such unit of local government will not adjudicate the offense with respect to which such plan is developed. ``limitation ``Sec. 292C. Nothing in this part shall be construed to forbid or require juvenile accountability coordinators to divulge to any person, information gathered by such coordinators as a result of actions taken in connection with arrests of juveniles for committing a 1st or 2d offense (other than a serious crime). ``definition ``Sec. 292D. For purposes of this part, the term `diversion accountability plan' means a plan that provides for 1 or more of the following: ``(1) making restitution to the victim of the offense involved; ``(2) performing community service, participation in substance abuse counseling; ``(3) participation in mental and physical health services; ``(4) writing essays; and ``(5) performance of any other action appropriate to mitigate or remove circumstances relating to the offense for which such plan is developed or to prevent the commission of a subsequent offense. ``report ``Sec. 292E. The recipient of a grant made under this title shall submit to the Administrator such reports at such times, in such form, and containing such information as the Administrator may require by rule, for purposes of determining compliance with this part and the effectiveness of providing financial assistance under this part.'', and (3) in section 299(a)-- (A) in paragraph (1) by striking ``and I'' and inserting ``I, and J'', and (B) by inserting after paragraph (7) the following: ``(8) There is authorized to be appropriated to carry out part J of this title, $50,000,000 for each of the fiscal years 2000, 2001, and 2002.''.

Directs the Administrator to take into consideration: (1) the per capita rate of offenses (other than serious crimes) committed by juveniles in the geographical area under the jurisdiction of each unit of local government that applies for a grant for that fiscal year; and (2) the economic resources available to such local governmental unit. Limits the aggregate amount of such grants to a particular unit of local government for a fiscal year to $300,000. Sets forth grant eligibility requirements, including assurances that: (1) the grant will be used only to employ, as part of the juvenile justice system administered by such local governmental unit, one or more qualified juvenile accountability coordinators, subject to specified requirements (including record-keeping requirements); and (2) if a juvenile complies with a diversion accountability plan, such local governmental unit will not adjudicate the offense with respect to which such plan is developed. Sets forth reporting requirements. Authorizes appropriations.

Juvenile Accountability and Diversion Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Fish Hatchery Authorization Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) Fort Peck Lake, Montana, is in need of a warm water fish hatchery; (2) the burden of carrying out efforts to raise and stock warm water fish species in the State of Montana has been disproportionately borne by the State despite the existence of many Federal projects on waterways in the State; (3)(A) as of the date of enactment of this Act, eastern Montana has only 1 warm water fish hatchery, which is inadequate to meet the demands of the region; and (B) a disease or infrastructure failure at that hatchery could imperil fish populations throughout the region; (4) although the multipurpose project at Fort Peck, Montana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1034, chapter 831), was intended to include irrigation projects and other activities designed to promote economic growth, many of those projects were never completed, to the detriment of the local communities flooded by the Fort Peck Dam; (5) the process of developing an environmental impact statement for the update of the Corps of Engineers Master Manual for the operation of the Missouri River recognized the need for greater support of recreation activities and other authorized purposes of the Fort Peck project; (6)(A) although fish stocking is included among the authorized purposes of the Fort Peck project, the State of Montana has funded the stocking of Fort Peck Lake since 1947; and (B) the obligation to fund the stocking constitutes an undue burden on the State; and (7) a viable warm water fishery would spur economic development in the region. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to authorize and provide funding for the design and construction of a warm water fish hatchery at Fort Peck Lake, Montana; and (2) to ensure stable operation and maintenance of the fish hatchery. SEC. 4. DEFINITIONS. In this Act: (1) Fort peck lake.--The term ``Fort Peck Lake'' means the reservoir created by the damming of the upper Missouri River in northeastern Montana. (2) Hatchery project.--The term ``hatchery project'' means the project authorized by section 5. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 5. AUTHORIZATION. The Secretary shall carry out a project at Fort Peck Lake, Montana, for the design and construction of a fish hatchery and such associated facilities as are necessary to sustain a warm water fishery. SEC. 6. COST SHARING. (a) Design and Construction.-- (1) Federal share.--The Federal share of the cost of design and construction of the hatchery project shall be 75 percent. (2) Form of non-federal share.-- (A) In general.--The non-Federal share of the cost of the hatchery project may be provided in the form of cash or in the form of land, easements, rights-of-way, services, roads, or any other form of in-kind contribution determined by the Secretary to be appropriate. (B) Required crediting.--The Secretary shall credit toward the non-Federal share of the cost of the hatchery project-- (i) the cost to the State of Montana of stocking Fort Peck Lake during the period beginning January 1, 1947; and (ii) the cost to the State of Montana and the counties having jurisdiction over land surrounding Fort Peck Lake of construction of local access roads to the lake. (b) Operation, Maintenance, Repair, and Replacement.-- (1) In general.--Except as provided in paragraphs (2) and (3), the operation, maintenance, repair, and replacement of the hatchery project shall be a non-Federal responsibility. (2) Cost associated with threatened and endangered species.--The cost of operation and maintenance associated with raising threatened or endangered species shall be a Federal responsibility. (3) Power.--The Secretary shall offer to the hatchery project low-cost project power for all hatchery operations. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2001; (2) $5,000,000 for fiscal year 2002; and (3) such sums as are necessary to carry out section 6(b)(2). (b) Availability of Funds.--Sums made available under subsection (a) shall remain available until expended.

Requires that the Federal share of the cost of design and construction of such project be 75 percent. Requires the Secretary to credit toward the non-Federal share of project costs: (1) the cost to the State of Montana of stocking Fort Peck Lake; and (2) the cost to the State and the counties having jurisdiction over land surrounding the Lake of construction of local access roads to such lake. Provides for the cost of operation and maintenance associated with raising threatened or endangered species to be a Federal responsibility. Directs the Secretary to offer low-cost project power for all hatchery operations. Authorizes appropriations.

Fort Peck Fish Hatchery Authorization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Valley Forge Museum of the American Revolution Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1)(A) Valley Forge National Historical Park, formerly a State park, was established in 1976 as a unit of the National Park System under Public Law 94-337 (16 U.S.C. 410aa et seq.); and (B) the National Park Service acquired various parcels of land and structures associated with the Park, including a visitor center, from the Commonwealth of Pennsylvania; (2) the Park maintains an extensive collection of-- (A) artifacts, books, and other items relating to the 1777-1778 winter encampment of General George Washington's Continental Army at Valley Forge; (B) artifacts of military life from the Revolutionary War era; (C) important archaeological resources; and (D) numerous structures and associated artifacts; (3) between 1982 and 1997, the National Park Service completed a general management plan, long-range interpretive plan, and strategic business plan for the Park that establish goals and priorities for management of the Park; (4) the plans-- (A) identify inadequacies in the Park's visitor center and interpretive programs; (B) call for development of a new or significantly renovated visitor center that would make the collection accessible to the public through exhibits and research facilities; and (C) call for improving the interpretation of the landscape and improving the circulation of visitors into and through the Park; (5) the Valley Forge Historical Society-- (A) was established in 1918 as a nonprofit organization to preserve and interpret for future generations the significant history and artifacts of the American Revolution in the historic setting of Valley Forge; (B) has amassed valuable holdings of artifacts, art, books, and other items relating to the 1777-1778 encampment, the American Revolution, and the American colonial era; and (C) continues to pursue additional important collections through bequests, exchanges, and acquisitions; (6)(A) as of the date of enactment of this Act, the Society's collection is housed in a facility that is inadequate to properly maintain, preserve, and display the ever-growing collection; and (B) the Society is interested in developing an up-to-date museum and education facility; (7) the Society and the National Park Service have discussed the idea of a joint museum, education facility, and visitor center that would-- (A) directly support the historical, educational, and interpretive activities and needs of the Park and such activities and needs of the Society; (B) combine 2 outstanding museum collections; and (C) provide an enhanced experience at Valley Forge for visitors, scholars, and researchers; (8) under section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 262), $3,000,000 was set aside to construct access roads and parking facilities for such a joint museum, education facility, and visitor center at Valley Forge; and (9) the Society has proposed to raise funds to construct a new museum, education facility, and visitor center on Park property that would be planned, developed, and operated jointly with the National Park Service. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to enter into an agreement with the Society to construct and operate, in cooperation with the Secretary, a museum within the boundary of the Park. SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means the agreement described in section 4(a). (2) Museum.--The term ``Museum'' means the Valley Forge Museum of the American Revolution described in section 4. (3) Park.--The term ``Park'' means Valley Forge National Historical Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Society.--The term ``Society'' means the Valley Forge Historical Society. SEC. 4. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION. (a) Authorization.--In administering the Park, the Secretary may enter into an agreement under appropriate terms and conditions with the Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of the Park. (b) Activities of Society.--The Agreement shall authorize the Society-- (1) to operate the Museum in cooperation with the Secretary; (2) to provide at the Museum, to visitors to the Park, programs and services relating to the story of Valley Forge and the American Revolution; and (3) acting as a private nonprofit organization, to engage in activities appropriate for operation of a museum, including charging fees, conducting events, and selling merchandise, tickets, and food to visitors to the Museum. (c) Activities of Secretary.--The Agreement shall authorize the Secretary to carry out at the Museum activities relating to the management of the Park, including provision of appropriate visitor information and interpretive facilities and programs relating to the Park. (d) Use of Revenues.--Revenues from the facilities and services of the Museum shall be used to offset the expenses of operation of the Museum. (e) Museum Structures.--The Agreement shall authorize the Society to occupy and use any structure constructed at the Park for the purposes of the Museum during the term specified in the Agreement and subject to the following terms and conditions: (1) Conveyance to united states.--The Society shall convey to the United States all right, title, and interest in each such structure. (2) Conditions on occupancy and use.--The right of the Society to occupy and use each such structure-- (A) shall be for the purposes of-- (i) exhibiting, preserving, and interpreting artifacts associated with the Valley Forge encampment and the impact of the encampment on the American Revolution; (ii) enhancing the experience of visitors to the Park; and (iii) conducting the activities of the Society consistent with the mission of the Society; and (B) shall not be transferred without the consent of the Secretary. (3) Other terms and conditions.--The Agreement shall include such other terms and conditions as the Secretary considers appropriate. SEC. 5. PRESERVATION AND PROTECTION. Nothing in this Act authorizes the Secretary or the Society to take any action in derogation of the preservation and protection of the values and resources of the Park.

Valley Forge Museum of the American Revolution Act of 1998 - Authorizes the Secretary of the Interior, in administering the Valley Forge National Historical Park, to enter into an agreement with the Valley Forge Historical Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of the Park.

Valley Forge Museum of the American Revolution Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing and Reinvesting in Early Education Act of 2012'' or ``PRE ED Act of 2012''. SEC. 2. EXPANDING FFEL LOAN FORGIVENESS PROGRAM TO EARLY CHILDHOOD EDUCATORS. Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078- 10) is amended-- (1) in the section heading, by inserting ``early childhood educators and elementary and secondary school'' before ``teachers''; (2) by striking subsection (b) and inserting the following: ``(b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who-- ``(1)(A) is a new borrower on or after October 1, 1998, and has been employed as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B)(i) has been employed as a full-time early childhood educator at an early childhood program for 5 consecutive complete school years or a comparable period, as determined by the Secretary; and ``(ii) obtained an associate degree or baccalaureate degree in early childhood education from an institution of higher education prior to the beginning of the period described in clause (i); and ``(2) is not in default on a loan for which the borrower seeks forgiveness.''; (3) by striking paragraph (1) of subsection (c) and inserting the following: ``(1) In general.-- ``(A) Aggregate amounts.--Of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) or comparable period (in accordance with subsection (b)(1)(B)(i)), the Secretary shall repay not more than-- ``(i) $5,000 in the aggregate for a borrower described in subsection (b)(1)(A), except as provided in paragraph (3); and ``(ii) $25,000 in the aggregate for a borrower described in subsection (b)(1)(B). ``(B) Interaction with direct loan program.--No borrower may receive a reduction of loan obligations under both this section and section 460.''; and (4) in subsection (g)-- (A) in paragraph (1)(A), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (B) in paragraph (3), by striking ``(b)(1)(B)'' and inserting ``(b)(1)(A)(ii)''. SEC. 3. EXPANDING FEDERAL DIRECT LOAN CANCELLATION PROGRAM TO EARLY CHILDHOOD EDUCATORS. Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in the section heading, by inserting ``early childhood educators and elementary and secondary school'' before ``teachers''; (2) by striking subsection (b) and inserting the following: ``(b) Program Authorized.--The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1)(A) is a new borrower on or after October 1, 1998 and has been employed as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B)(i) has been employed as a full-time early childhood educator at an early childhood program for 5 consecutive complete school years or a comparable period, as determined by the Secretary; and ``(ii) obtained an associate degree or baccalaureate degree in early childhood education from an institution of higher education prior to the beginning of the period described in clause (i); and ``(2) is not in default on a loan for which the borrower seeks forgiveness.''; (3) by striking paragraph (1) of subsection (c) and inserting the following: ``(1) In general.-- ``(A) Aggregate amounts.--Of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) or comparable period (in accordance with subsection (b)(1)(B)(i)), the Secretary shall cancel not more than-- ``(i) $5,000 in the aggregate for a borrower described in subsection (b)(1)(A), except as provided in paragraph (3); and ``(ii) $25,000 in the aggregate for a borrower described in subsection (b)(1)(B). ``(B) Interaction with ffel program.--No borrower may receive a reduction of loan obligations under both this section and section 428J.''; and (4) in subsection (g)-- (A) in paragraph (1)(A), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (B) in paragraph (3), by striking ``(b)(1)(B)'' and inserting ``(b)(1)(A)(ii)''. SEC. 4. AMENDMENT TO LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED PROGRAM. Section 428K(g)(3)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-11(g)(3)(C)) is amended by inserting ``an associate degree in early childhood education or'' before ``a baccalaureate''.

Preparing and Reinvesting in Early Education Act of 2012 or PRE ED Act of 2012 - Amends the Higher Education Act of 1965 to include early childhood educators in the Federal Family Education Loan (FFEL) and Direct Loan (DL) forgiveness programs for teachers. Makes early childhood educators eligible for FFEL or DL forgiveness if they are not in default on the loan being forgiven and have: (1) been employed as a full-time early childhood educator for five consecutive complete school years or a comparable period, as determined by the Secretary of Education; and (2) obtained an associate or baccalaureate degree in early childhood education prior to that period of service. Caps at $25,000 the amount of an early childhood educator's FFEL or DL that may be forgiven. Includes early childhood educators with associate degrees in early childhood development, early child education, or a related field in the program providing FFEL forgiveness for service in areas of national need. (Currently, early childhood educators are required to have completed a baccalaureate or advanced degree in such a field to qualify for participation in that program.)

A bill to amend the Higher Education Act of 1965 to provide for loan forgiveness for early childhood educators, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Well Testing Assistance Act''. SEC. 2. ASSISTANCE FOR TESTING OF PRIVATE WELLS. Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459. ASSISTANCE FOR TESTING OF PRIVATE WELLS. ``(a) Findings.--Congress finds that-- ``(1) more than 15,100,000 households in the United States are served by private drinking water wells; ``(2) while private well owners generally are responsible for regular testing of drinking water wells for the presence of contaminants, cases of serious or potentially widespread groundwater contamination often require State health and environmental agencies to conduct costly tests on numerous drinking water well sites; ``(3) many of those sites are included in the Comprehensive Environmental Response, Compensation, and Liability Information System of the Environmental Protection Agency, through which Federal funding is available for testing of private wells during initial site assessments but not for subsequent regular sampling to ensure that contaminants have not migrated to other wells; ``(4) many State governments do not have the resources to provide regular, reliable testing of drinking water wells that are located in proximity to areas of suspected groundwater contamination; ``(5) State fiscal conditions, already in decline before the terrorist attacks of September 11, 2001, are rapidly approaching a state of crisis; ``(6) according to the National Conference of State Legislatures-- ``(A) revenues in 43 States are below estimates; and ``(B) 36 States have already planned or implemented cuts in public services; ``(7) as a result of those economic conditions, most States do not have drinking water well testing programs in place, and many State well testing programs have been discontinued, placing households served by private drinking water wells at increased risk; and ``(8) the provision of Federal assistance, with a State cost-sharing requirement, would establish an incentive for States to provide regular testing of drinking water wells in proximity to new and existing areas of suspected groundwater contamination. ``(b) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency, acting in consultation with appropriate State agencies. ``(2) Area of concern.--The term `area of concern' means a geographic area in a State the groundwater of which may, as determined by the State-- ``(A) be contaminated or threatened by a release of 1 or more substances of concern; and ``(B) present a serious threat to human health. ``(3) Hazardous substance.--The term `hazardous substance' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ``(4) Pollutant or contaminant.--The term `pollutant or contaminant' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). ``(5) Substance of concern.--The term `substance of concern' means-- ``(A) a hazardous substance; ``(B) a pollutant or contaminant; ``(C) petroleum (including crude oil and any fraction of crude oil); ``(D) methyl tertiary butyl ether; and ``(E) such other naturally-occurring or other substances (including arsenic, beryllium, and chloroform) as the Administrator, in consultation with appropriate State agencies, may identify by regulation. ``(c) Establishment of Program.--Not later than 90 days after the date of enactment of this section, the Administrator shall establish a program to provide funds to each State for use in testing private wells in the State. ``(d) Determination of Areas of Concern.--Not later than 30 days after the date of enactment of this section, the Administrator shall promulgate regulations that describe criteria to be used by a State in determining whether an area in the State is an area of concern, including a definition of the term `threat to human health'. ``(e) Application Process.-- ``(1) In general.--A State that seeks to receive funds under this section shall submit to the Administrator, in such form and containing such information as the Administrator may prescribe, an application for the funds. ``(2) Certification.--A State application described in paragraph (1) shall include a certification by the Governor of the State of the potential threat to human health posed by groundwater in each area of concern in the State, as determined in accordance with the regulations promulgated by the Administrator under subsection (d). ``(3) Processing.--Not later than 15 days after the Administrator receives an application under this subsection, the Administrator shall approve or disapprove the application. ``(f) Provision of Funding.-- ``(1) In general.--If the Administrator approves an application of a State under subsection (e)(3), the Administrator shall provide to the State an amount of funds to be used to test private wells in the State that-- ``(A) is determined by the Administrator based on-- ``(i) the number of private wells to be tested; ``(ii) the prevailing local cost of testing a well in each area of concern in the State; and ``(iii) the types of substances of concern for which each well is to be tested; and ``(B) consists of not more than $500 per well, unless the Administrator determines that 1 or more wells to be tested warrant the provision of a greater amount. ``(2) Cost sharing.-- ``(A) In general.--The Federal share of the cost of any test described in paragraph (1) shall not exceed 80 percent. ``(B) Non-federal share.--The non-Federal share of the cost of any test described in paragraph (1) may be provided in cash or in kind. ``(g) Number and Frequency of Tests.-- ``(1) In general.--Subject to paragraph (2), in determining the number and frequency of tests to be conducted under this section with respect to any private well in an area of concern, a State shall take into consideration-- ``(A) typical and potential seasonal variations in groundwater levels; and ``(B) resulting fluctuations in contamination levels. ``(2) Limitation.--Except in a case in which at least 2 years have elapsed since the last date on which a private well was tested using funds provided under this section, no funds provided under this section may be used to test any private well-- ``(A) more than 4 times; or ``(B) on or after the date that is 1 year after the date on which the well is first tested. ``(h) Other Assistance.--Assistance provided to test private wells under this section shall be in addition to any assistance provided for a similar purpose under this Act or any other Federal law. ``(i) Report.--Not later than 1 year after the date of enactment of this section, the Administrator, in cooperation with the National Ground Water Association, shall submit to Congress a report that describes the progress made in carrying out this section. ``(j) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2003 through 2006, to remain available until expended. ``(2) Minimum allocation.--The Administrator shall ensure that, for each fiscal year, each State receives not less than 0.25 percent of the amount made available under paragraph (1) for the fiscal year.''.

Private Well Testing Assistance Act - Amends the Safe Drinking Water Act to establish a program to provide funds to States for the testing of private wells.Requires that a State certify to the Administrator of the Environmental Protection Agency that a potential threat to human health is posed by groundwater in an area of concern.Establishes criteria for the level of funding according to the number of wells to be tested, local test costs, and the types of substances of concern, including any seasonal fluctuations in contamination levels.

A bill to amend the Safe Drinking Water Act to provide assistance to States to support testing of private wells in areas of suspected contamination to limit or prevent human exposure to contaminated groundwater.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016''. SEC. 2. REPORTING REQUIREMENTS FOR CERTAIN SMALL BUSINESS CONCERNS. Section 15(h)(2)(E) of the Small Business Act (15 U.S.C. 644(h)(2)(E)) is amended-- (1) in clause (i)-- (A) in subclause (III), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(V) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns for purposes of the initial contract; and ``(VI) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;''; (2) in clause (ii)-- (A) in subclause (IV), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract; and ``(VII) that were awarded using a procurement method that restricted competition to qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;''; (3) in clause (iii)-- (A) in subclause (V), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be qualified HUBZone small business concerns for purposes of the initial contract; and ``(VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;''; (4) in clause (iv)-- (A) in subclause (V), by striking ``and'' at the end; and (B) by adding at the end the following new subclauses: ``(VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of the initial contract; and ``(VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by women, or a subset of any such concerns;''; (5) in clause (v)-- (A) in subclause (IV), by striking ``and'' at the end; (B) in subclause (V), by inserting ``and'' at the end; and (C) by adding at the end the following new subclause: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Indian tribe other than an Alaska Native Corporation for purposes of the initial contract;''; (6) in clause (vi)-- (A) in subclause (IV), by striking ``and'' at the end; (B) in subclause (V), by inserting ``and'' at the end; and (C) by adding at the end the following new subclause: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by a Native Hawaiian Organization for purposes of the initial contract;''; (7) in clause (vii)-- (A) in subclause (IV), by striking ``and'' at the end; (B) in subclause (V), by striking ``and'' at the end; and (C) by adding at the end the following new subclause: ``(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Alaska Native Corporation for purposes of the initial contract; and''; and (8) in clause (viii)-- (A) in subclause (VII), by striking ``and'' at the end; (B) in subclause (VIII), by striking ``and'' at the end; and (C) by adding at the end the following new subclauses: ``(IX) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial contract; and ``(X) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or a subset of any such concerns; and''.

Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016 This bill amends the Small Business Act to require the Small Business Administration to report to the President and Congress an analysis of the number and dollar amount of prime contracts awarded by federal agencies each fiscal year to small business concerns, including those: owned and controlled by service-disabled veterans; located in qualified HUBZones; owned and controlled by socially and economically disadvantaged individuals; owned by an Indian tribe, an Alaska Native Corporation, or a Native Hawaiian Organization; or owned and controlled by women. The analyses shall cover all such small business concerns: that were purchased by another entity after the initial contract was awarded and as a result would no longer be deemed to be small business concerns for purposes of the initial contract, and that were awarded using a procurement method that restricted competition to the kinds of small business concerns listed here or a subset of any of them.

Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016

SECTION 1. SHORT TITLE. This bill may be referred to as the ``Trafficking Prevention in Foreign Affairs Contracting Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of State and the United States Agency for International Development (USAID) rely on contractors to provide various services in foreign countries such as construction, security, and facilities maintenance. (2) In certain cases, such as where the employment of local labor is impractical or poses security risks, Department of State and USAID contractors sometimes employ foreign workers who are citizens neither of the United States nor of the host country and are recruited from developing countries where low wages and recruitment methods often make them vulnerable to a variety of trafficking-related abuses. (3) A January 2011 report of the Office of the Inspector General for the Department of State, while it found no evidence of direct coercion by contractors, found that a significant majority of their foreign workers in certain Middle East countries reported paying substantial fees to recruiters that, according to the Inspector General, ``effectively resulted in debt bondage at their destinations''. Approximately one-half of the workers were charged recruitment fees equaling more than six months' salary. More than a quarter of the workers reported fees greater than one year's salary and, in some of those cases, fees that could not be paid off in two years, the standard length of a contract. (4) A November 2014 report of the United States Government Accountability Office (GAO-15-102) found that the Department of State, USAID, and the Defense Department need to strengthen their oversight of contractors' use of foreign workers in high- risk environments in order to better protect against trafficking in persons. (5) The GAO report recommended that those agencies should develop more precise definitions of recruitment fees, and that they should better ensure that contracting officials include prevention of trafficking in persons in contract monitoring plans and processes, especially in areas where the risk of trafficking in persons is high. (6) Of the 3 agencies addressed in the GAO report, only the Department of Defense expressly concurred with GAO's definitional recommendation and committed to defining recruitment fees and to incorporating that definition in its acquisition regulations as necessary. (7) In formal comments to GAO, the Department of State stated that it forbids the charging of any recruitment fees by contractors, and both the Department of State and USAID noted a proposed Federal Acquisition Regulation (FAR) rule that prohibits charging any recruitment fees to employees. (8) However, according to GAO, neither the Department of State nor USAID specifically defines what constitutes a prohibited recruitment fee: ``Contracting officers and agency officials with monitoring responsibilities currently rely on policy and guidance regarding recruitment fees that are ambiguous. Without an explicit definition of the components of recruitment fees, prohibited fees may be renamed and passed on to foreign workers, increasing the risk of debt bondage and other conditions that contribute to trafficking.''. (9) GAO found that, although Department of State and USAID guidance requires their respective contracting officials to monitor compliance with trafficking in persons requirements, they did not consistently have specific processes in place to do so in all of the contracts that GAO sampled. SEC. 3. REPORTS ON DEFINITION OF PLACEMENT AND RECRUITMENT FEES AND ENHANCEMENT OF CONTRACT MONITORING TO PREVENT TRAFFICKING IN PERSONS. (a) Department of State Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report that includes the matters described in subsection (c) with respect to the Department of State. (b) USAID Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development (USAID) shall submit to the appropriate committees of Congress a report that includes the matters described in subsection (c) with respect to USAID. (c) Matters To Be Included.--The matters described in this subsection are the following: (1) A proposed definition of placement and recruitment fees for purposes of complying with section 106(g)(iv)(IV) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)(iv)(IV)), including a description of what fee components and amounts are prohibited or are permissible for contractors or their agents to charge workers under such section. (2) An explanation of how the definition described in paragraph (1) will be incorporated into grants, contracts, cooperative agreements, and contracting practices, so as to apply to the actions of grantees, subgrantees, contractors, subcontractors, labor recruiters, brokers, or other agents, as specified in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)). (3) A description of actions taken during the 180-day period preceding the date of submission of the report and planned to be taken during the 1-year period following the date of submission of the report to better ensure that officials responsible for grants, contracts, and cooperative agreements and contracting practices include the prevention of trafficking in persons in plans and processes to monitor such grants, contracts, and cooperative agreements and contracting practices. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 4. DEFINITION. In this Act, the term ``trafficking in persons'' has the meaning given the term in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)). Passed the House of Representatives February 1, 2016. Attest: KAREN L. HAAS, Clerk.

Trafficking Prevention in Foreign Affairs Contracting Act (Sec. 3) This bill directs the Department of State and the U.S. Agency for International Development to report to Congress regarding: a definition of "placement and recruitment fees" for purposes of complying with the Trafficking Victims Protection Act of 2000, including a description of what fee components and amounts are prohibited or are permissible for contractors or their agents to charge workers; how such definition will be incorporated into grants, contracts, cooperative agreements, and contracting practices so as to apply to the actions of grantees, subgrantees, contractors, subcontractors, labor recruiters, brokers, or other agents; and a description of actions taken during the 180-day period preceding the submission of the report and planned to be taken during the following year to better ensure that the responsible officials include the prevention of trafficking in persons in monitoring such grants, contracts, and cooperative agreements and contracting practices.

Trafficking Prevention in Foreign Affairs Contracting Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Letter of Estimated Annual Debt for Students Act of 2016'' or the ``LEADS Act of 2016''. SEC. 2. ANNUAL ESTIMATE OF STUDENT LOAN BORROWING COSTS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Annual Estimate of Student Loan Borrowing Costs.-- ``(1) In general.--Beginning on July 1, 2018, each eligible institution shall provide a cost estimate described in paragraph (2) to each enrolled student who receives an education loan to attend the institution, not later than 30 days before the first day of each academic year beginning after the academic year for which the student first received such a loan to attend such institution. ``(2) Contents of estimate.--The estimate under paragraph (1) shall contain the following information: ``(A) Cumulative balances and monthly payments.--A notice to the student of-- ``(i) the cumulative balance of education loans owed by the student as of the date of the notice; ``(ii) the amount of any new education loans expected to be disbursed during such academic year; ``(iii) the projected cumulative balance of education loans that will be owed by the student after the completion of the student's course of study at the institution; and ``(iv) projected monthly payment amounts based on the cumulative balances described in clauses (i), (ii), and (iii), respectively, assuming a standard repayment schedule. ``(B) Interest rates.--The interest rate of each education loan, except that interest rates for a private education loan may be based on average private education loan interest rates if the institution cannot reasonably determine the actual interest rate of such loan. ``(C) Disclaimer.--A clear and conspicuous notice stating that any information provided under paragraph (1) is an estimate, accurate to the best of the institution's knowledge, and that an interest rate provided under subparagraph (B)-- ``(i) in the case of a loan described in paragraph (6)(A)(i), is the applicable rate of interest of such loan; ``(ii) in the case of a private education loan, may be based on average private education loan interest rates; and ``(iii) does not include private education loans of which the institution is not aware. ``(3) Form of estimate.--The estimate under paragraph (1) shall be-- ``(A) provided to the student in hard copy format on the letterhead of the institution, by electronic mail or by another method the Secretary may prescribe; and ``(B) delivered to the student separately from any other disclosures required under this Act. ``(4) Limitation of liability.--An institution that provides the estimate under paragraph (1) in good faith shall not be liable to any person for inaccuracies contained in such estimate. ``(5) Student debt letter template.--Not later than July 1, 2017, and as necessary thereafter, the Secretary shall provide the following to eligible institutions: ``(A) Examples of estimates required under paragraph (2). ``(B) Technical assistance on how to comply with the requirements of this subsection. ``(C) Preliminary approvals in a timely manner of estimate formats proposed for use by an institution, at the request of the institution. ``(D) The formula (which shall take into consideration a student's past borrowing rates and other criteria the Secretary may determine) to be used in making the projections under clauses (iii) and (iv) of paragraph (2)(A) with respect to loans described in paragraph (6)(A)(i). ``(E) Encryption technology software to enable institutions to provide the estimate under paragraph (2) to students in a secure format for institutions that choose to provide the estimate to students in an electronic format. ``(6) Definitions.--In this subsection: ``(A) Education loan.--The term `education loan' means-- ``(i) a loan made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student); ``(ii) a loan made under a State-sponsored loan program for the purpose of paying a student's cost of attendance at an institution of higher education; and ``(iii) a private education loan with respect to which the institution should reasonably be aware. ``(B) Private education loan.--The term `private education loan' has the meaning given the term in section 140 of the Truth in Lending Act. ``(C) Student.--The term `student', when used with respect to an eligible institution, does not include any student who has transferred to the institution more than 60 days before the first day of the academic year involved.''. SEC. 3. ANNUAL PROVISION OF INFORMATION BY THE SECRETARY OF EDUCATION. Not later than April 1, 2018, and annually thereafter, the Secretary of Education shall provide to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) the following information: (1) The amount of any loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student) expected to be disbursed to any borrower for the next academic year. (2) The projected cumulative balance of such loans, as determined in accordance with section 485(n)(5)(D) of such Act (20 U.S.C. 1092(n)(5)(D)), as added by this Act, that will be owed by any borrower after the completion of the borrower's course of study at an institution of higher education. (3) The projected monthly payment amounts of such loans, as determined in accordance with section 485(n)(5) of the Higher Education Act of 1965 (20 U.S.C. 1092(n)(5)), assuming a standard repayment schedule (as described in section 455(d)(1)(A) of such Act (20 U.S.C. 1087e(d)(1)(A))).

Letter of Estimated Annual Debt for Students Act of 2016 or the LEADS Act of 2016 This bill amends the Higher Education Act of 1965 by requiring institutions of higher education to provide to each student with education loans for attending the institution an estimate of student loan borrowing costs, including: (1) the cumulative balance of education loans owed by the student, (2) the amount of new education loans expected to be disbursed during the year, (3) the projected cumulative balance of education loans that will be owed by the student after the student graduates, and (4) projected monthly payments to repay the loans. The estimates must be given to students before each academic year succeeding the one for which a loan was first received.

LEADS Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Archives and Records Administration Efficiency Act of 2004''. SEC. 2. EXTENSION OF RECORDS RETENTION PERIODS. (a) Extension of Records Retention Periods by Regulation.--Section 2909 of title 44, United States Code, is amended-- (1) by striking ``, upon the submission of evidence of need,''; (2) by striking ``; and, in accordance with regulations promulgated by him,'' and inserting ``, and''; and (3) by adding at the end the following: ``The Archivist shall promulgate regulations in accordance with section 2104(a) of this title to implement this section.''. (b) Conforming Amendment.--Subsection (d) of section 3303a of title 44, United States Code, is amended by striking the second sentence. SEC. 3. AUTHORITY FOR RECORDS CENTER REVOLVING FUND TO BE USED FOR THE PURCHASE AND CARE OF UNIFORMS FOR RECORDS CENTERS EMPLOYEES. Subsection (a) under the heading ``records center revolving fund'' in title IV of the Independent Agencies Appropriations Act, 2000 (Public Law 106-58; 113 Stat. 460; 44 U.S.C. 2901 note), is amended by inserting after ``expenses'' in the first sentence the following: ``(including expenses for uniforms or allowances for uniforms as authorized by subchapter I of chapter 59 of title 5)''. SEC. 4. AUTHORITY TO CHARGE FEES FOR PUBLIC USE OF FACILITIES OF NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (a) Presidential Archival Depositories.--Subsection (e) of section 2112 of title 44, United States Code, is amended by striking ``space'' and inserting ``space, or for the occasional, non-official use of rooms and spaces (and services related to such use),''. (b) National Archives Building and Other Buildings Used for Record Storage.--Section 2903 of title 44, United States Code, is amended-- (1) by inserting ``(a)'' before ``The Archivist''; and (2) by adding at the end the following new subsection: ``(b) When the Archivist considers it to be in the public interest, the Archivist may charge and collect reasonable fees from the public for the occasional, non-official use of rooms and spaces, and services related to such use, in the buildings subject to this section. Fees collected under this subsection shall be paid into an account in the National Archives Trust Fund and shall be held, administered, and expended for the benefit and in the interest of the national archival and records activities administered by the National Archives and Records Administration, including educational and public program purposes.''. SEC. 5. AUTHORITY TO USE COOPERATIVE AGREEMENTS WITH STATE AND LOCAL GOVERNMENTS, EDUCATIONAL INSTITUTIONS, AND OTHER PUBLIC AND NONPROFIT ORGANIZATIONS TO FURTHER NARA PROGRAMS. (a) Authority.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 2119. Cooperative agreements ``(a) Authority.--The Archivist may enter into cooperative agreements pursuant to section 6305 of title 31 that involve the transfer of funds from the National Archives and Records Administration to State and local governments, other public entities, educational institutions, or private nonprofit organizations (including foundations or institutes organized to support the National Archives and Records Administration or the Presidential archival depositories operated by it) for the public purpose of carrying out programs of the National Archives and Records Administration. ``(b) Limitations.--Not more than $25,000 may be transferred under a cooperative agreement entered into as authorized by subsection (a). Not more than a total of $75,000 may be transferred under such agreements in any fiscal year. ``(c) Report.--Not later than December 31st of each year, the Archivist shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the provisions, amount, and duration of each cooperative agreement entered into as authorized by subsection (a) during the preceding fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2119. Cooperative agreements.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS THROUGH FISCAL YEAR 2009 FOR NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION. Section 2504(f)(1) of title 44, United States Code, is amended-- (1) in subparagraph (N), by striking ``and''; (2) in subparagraph (O), by striking the period and inserting a semicolon; and (3) by adding at the end of the following new subparagraphs: ``(P) $10,000,000 for fiscal year 2006; ``(Q) $10,000,000 for fiscal year 2007; ``(R) $10,000,000 for fiscal year 2008; and ``(S) $10,000,000 for fiscal year 2009.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Archives and Records Administration Efficiency Act of 2004 - Requires the Archivist of the United States to promulgate regulations establishing a streamlined process for extending agency records retention periods beyond those periods specified in disposal schedules. Authorizes the Records Center Revolving Fund of the Treasury to cover expenses for uniforms for National Archives and Records Administration (NARA) personnel. Authorizes the Archivist to collect reasonable fees for the occasional, non-official use of NARA facilities and related services by the public and to use such fees for educational and public program purposes. Authorizes the Archivist to enter into cooperative agreements that involve the transfer of NARA funds to State and local governments, other public entities, educational institutions, or private nonprofit organizations to carry out NARA programs. Authorizes appropriations to the National Historical Publications and Records Commission for FY 2006 through 2009 for the Commission to carry out its duties and for the Archivist to make grants to State and local agencies and to nonprofit organizations, institutions, and individuals for historical publications and records programs.

To amend title 44, United States Code, to improve the efficiency of operations by the National Archives and Records Administration and to reauthorize the National Historical Publications and Records Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2004''. SEC. 2. CROP DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Emergency Financial Assistance.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop or quality losses for the 2003 or 2004 crop (as elected by a producer), but not both, due to damaging weather or related condition, as determined by the Secretary. (c) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (d) Reduction in Payments.--The amount of assistance that a producer would otherwise receive for a qualifying crop or quality loss under this section shall be reduced by the amount of assistance that the producer receives under the crop loss assistance program announced by the Secretary on August 27, 2004. (e) Ineligibility for Assistance.--Except as provided in subsection (f), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses. (f) Contract Waiver.--The Secretary may waive subsection (e) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (g) Effect of Violation.--In the event of the violation of a contract under subsection (f) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. SEC. 3. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses (as elected by a producer), but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (c) Mitigation.--In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. SEC. 4. TREE ASSISTANCE PROGRAM. The Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under subtitle C of title X of the Farm Security and Rural Investment Act of 2002 to producers who suffered tree losses during the winter of 2003 through 2004. SEC. 5. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 6. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. EMERGENCY DESIGNATION. Amounts appropriated or otherwise made available in this Act are each designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1014). However, such amounts shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement, is transmitted by the President to the Congress.

Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. Reduces payments for amounts received under a specified crop loss program announced in 2004. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter.

To provide emergency agricultural disaster assistance.

SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subparagraph (B) of section 170(e)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Qualified research or education contribution.--For purposes of this paragraph, the term `qualified research or education contribution' means a charitable contribution by a corporation of tangible personal property (including computer software), but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), ``(II) a governmental unit described in subsection (c)(1), or ``(III) an organization described in section 41(e)(6)(B), ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) the property is scientific equipment or apparatus substantially all of the use of which by the donee is for-- ``(I) research or experimentation (within the meaning of section 174), or for research training, in the United States in physical or biological sciences, or ``(II) in the case of an organization described in clause (i) (I) or (II), use within the United States for educational purposes related to the purpose or function of the organization, ``(iv) the original use of the property began with the taxpayer (or in the case of property constructed by the taxpayer, with the donee), ``(v) the property is not transferred by the donee in exchange for money, other property, or services, and ``(vi) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (iv) and (v).'' (b) Donations to Charity for Refurbishing.--Section 170(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Donations to charity for refurbishing.--For purposes of this paragraph, a charitable contribution by a corporation shall be treated as a qualified research or education contribution if-- ``(i) such contribution is a contribution of property described in subparagraph (B)(iii) to an organization described in section 501(c)(3) and exempt from taxation under section 501(a), ``(ii) such organization repairs and refurbishes the property and donates the property to an organization described in subparagraph (B)(i), and ``(iii) the taxpayer receives from the organization to whom the taxpayer contributed the property a written statement representing that its use of the property (and any use by the organization to which it donates the property) meets the requirements of this paragraph.'' (c) Conforming Amendments.-- (1) Paragraph (4)(A) of section 170(e) of the Internal Revenue Code of 1986 is amended by striking ``qualified research contribution'' each place it appears and inserting ``qualified research or education contribution''. (2) The heading for section 170(e)(4) of such Code is amended by inserting ``or education'' after ``research''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 2. DONATIONS TO UNDERPRIVILEGED SCHOOLS. It is the sense of Congress that one of the main purposes of the enhanced charitable deduction under section 170(e) of the Internal Revenue Code of 1986 is to encourage the donation of computer equipment and supplies to-- (1) schools serving low income communities; (2) schools whose fiscal year budgets are below the applicable State-wide norm; and (3) schools at which student test scores are substantially below the State-wide norm.

Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution." Redefines such term as a "qualified research or education contribution." Expresses the sense of the Congress that one of the main purposes of the revision is to encourage the donation of computer supplies and equipment to underprivileged schools.

To amend the Internal Revenue Code of 1986 to allow companies to donate scientific equipment to elementary and secondary schools for use in their educational programs, and for other purposes.

50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. ``(2) Exclusion.-- ``(A) In general.--This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(B) Amortization of amounts not allowable as deductions under subparagraph (a).--The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- ``(1) In general.--This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(2) Amortization of amounts not allowable as deductions under paragraph (1).--The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL COMPANY. (a) In General.--Paragraph (5) of section 167(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Certain successors in interest.--For purposes of this paragraph, the term `major integrated oil company' includes any successor in interest of a company that was described in subparagraph (B) in any taxable year, if such successor controls more than 50 percent of the crude oil production or natural gas production of such company.''. (b) Conforming Amendments.-- (1) In general.--Subparagraph (B) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by inserting ``except as provided in subparagraph (C),'' after ``For purposes of this paragraph,''. (2) Taxable years tested.--Clause (iii) of section 167(h)(5)(B) of such Code is amended-- (A) by striking ``does not apply by reason of paragraph (4) of section 613A(d)'' and inserting ``did not apply by reason of paragraph (4) of section 613A(d) for any taxable year after 2004'', and (B) by striking ``does not apply'' in subclause (II) and inserting ``did not apply for the taxable year''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. TITLE III--MISCELLANEOUS SEC. 301. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 302. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, refining, processing, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

Close Big Oil Tax Loopholes Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Government Act of 2007''. SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS. Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ``money or property'' and inserting ``money, property, or any other thing of value''. SEC. 3. VENUE FOR FEDERAL OFFENSES. (a) Venue Includes Any District in Which Conduct in Furtherance of an Offense Takes Place.--Subsection (a) of section 3237 of title 18, United States Code, is amended to read as follows: ``(a) Except as otherwise provided by law, an offense against the United States may be inquired of and prosecuted in any district in which any conduct required for, or any conduct in furtherance of, the offense took place, or in which the offense was completed.''. (b) Conforming Amendments.-- (1) Section heading.--The heading for section 3237 of title 18, United States Code, is amended to read as follows: ``Sec. 3237. Offense taking place in more than one district''. (2) Table of sections.--The table of sections at the beginning of chapter 211 of title 18, United States Code, is amended so that the item relating to section 3237 reads as follows: ``3237. Offense taking place in more than one district.''. SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. Section 641 of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 6. BRIBERY AND GRAFT. Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by striking ``fifteen years'' and inserting ``30 years''; and (2) in subsection (c), by striking ``two years'' and inserting ``five years''. SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States''. SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. Paragraphs (A) and (B) of section 201(c)(1) of title 18, United States Code, are each amended by inserting ``the official's official position or'' before ``any official act''. SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''. Section 201(a)(3) of title 18, United States Code, is amended by striking ``any decision'' and all that follows through ``profit'' and inserting ``any decision or action within the range of official duty of a public official''. SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) Directive to Sentencing Commission.--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 forthwith shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under sections 201, 641, 666, 1962 of title 18, United States Code in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by guidelines and policy statements. (b) Requirements.--In carrying out this subsection, the Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress' intent that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) Consider the extent to which the guidelines may or may not appropriately account for.-- (A) the potential and actual harm to the public and the amount of any loss resulting from the offense; (B) the level of sophistication and planning involved in the offense; (C) whether the offense was committed for purposes of commercial advantage or private financial benefit; (D) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the federal, state or local government; and (F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (5) make any necessary conforming changes to the sentencing guidelines; and (6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.

Clean Up Government Act of 2007 - Amends the federal criminal code to: (1) expand mail and wire fraud prohibitions to include fraudulent use of the mails or wire to obtain any thing of value (currently, limited to money or property); (2) expand venue for prosecutions of federal offenses; (3) increase prison terms for theft or bribery concerning programs receiving federal funds and for bribery of public officials and witnesses; (4) include theft of District of Columbia property in the federal crime of stealing public money, property or records; and (5) expand the definition of "official act" for purposes of the crime of bribery of public officials and witnesses. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase penalties for public corruption.

To amend title 18, United States Code, to deter public corruption.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Claims Processing Innovation Act of 2007''. SEC. 2. ESTABLISHMENT OF WORK CREDIT SYSTEM FOR REGIONAL OFFICES OF VETERANS BENEFITS ADMINISTRATION. (a) Establishment of System.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 713. Veterans Benefits Administration work credit system ``(a) Establishment.--The Secretary shall establish a work credit system for evaluating regional offices of the Veterans Benefits Administration. ``(b) Credit for Claims.--Under the system established under subsection (a), a regional office of the Veterans Benefits Administration may only receive work credit for a claim assigned to that regional office when the appellate period for the claim has expired or the Board of Veterans Appeals has issued a final decision with respect to the claim.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Veterans Benefits Administration work credit system.''. SEC. 3. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) Electronic Processing of Claims.-- (1) In general.--Subtitle I of chapter 51 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section: ``Sec. 5109C. Electronic processing of claims ``(a) System Required.--The Secretary shall develop and maintain a system for processing claims for disability compensation under this title using artificial intelligence. Such system shall use medical and military service data to generate recommendations with respect to disability ratings. ``(b) Quarterly Reports.--During the period beginning on the date that is 90 days after the date of the enactment of this section and ending on the last day of the first full fiscal year after the fiscal year during which the regional office required under section 351(c) of this title is fully operational, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives quarterly reports on the status of the system required under subsection (a) and the regional office required under such section.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5109C. Electronic processing of claims.''. (b) Regional Office.--Section 315 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) The Secretary shall maintain a regional office at which all claims for benefits under this title are processed exclusively electronically. At such regional office, the Secretary shall-- ``(1) maintain the system based on artificial intelligence required under section 5109C of this title; and ``(2) electronically scan all files created by or submitted to such office that relate to claimants or claims for such benefits.''. (c) Deadline for Implementation.--The Secretary of Veterans Affairs shall establish a plan for establishing the regional office required under subsection (c) of section 315 of title 38, United States Code, as added by subsection (b), by not later than 90 days after the date of the enactment of this Act. SEC. 4. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF VETERAN. (a) In General.--Section 5102 of title 38, United States Code, is amended by added at the end the following new subsection: ``(d) If a veteran who is a claimant dies before completing the submission of a claim for any benefit under a law administered by the Secretary, the person who would receive any accrued benefits due to the veteran under section 5121(a)(2) of this title shall be treated as the claimant for the purposes of completing the submission of the claim.''. (b) Effective Date.--Subsection (d) of section 5102 of title 38, United States Code, shall apply with respect to the claim of any veteran who dies on or after the date of the enactment of this Act. SEC. 5. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION. (a) Evaluation Required.--The Secretary of Veterans Affairs shall enter into a contract with a private entity with experience evaluating quality assurance and benefits programs under which that entity shall-- (1) conduct an evaluation of the items required to be included in the annual report of the Secretary under section 7734 of title 38, United States Code, that were included in the last such report submitted before the date of the enactment of this Act, that relate to the training and performance assessment programs of the Department of Veterans Affairs for employees of the Veterans Benefits Administration who are responsible for matters relating to compensation or pension benefits under the laws administered by the Secretary; and (2) submit to the Secretary the results of such evaluation not later than 180 days after the date of the enactment of this Act. (b) Submission of Results to Congress.--Not later than 180 days after the date of the enactment of this Act, In the first annual report required to be submitted to Congress under section 529 of title 38, United States Code, submitted after the date on which the Secretary receives the results of the evaluation required under subsection (a), the Secretary shall include such results. (c) Report.--Not later than 180 days after the date on which the Secretary submits the report referred to in subsection (b), the Secretary shall submit to Congress a report on any actions the Secretary has taken or plans to take in response to the results of the evaluation required under subsection (a).

Veterans Claims Processing Innovation Act of 2007 - Directs the Secretary of Veterans Affairs to establish a work credit system for evaluating regional offices of the Veterans Benefits Administration (VBA) with respect to veterans' claims processing. Requires the Secretary to: (1) develop and maintain a system for processing veterans' disability compensation claims using artificial intelligence that utilizes medical and military service data to generate disability rating recommendations; and (2) maintain a regional office at which all such claims are processed exclusively electronically. Provides that if a veteran who is a claimant dies before completing the submission of a claim for benefits, the person who would receive any accrued benefit(s) due to such veteran shall be treated as the claimant for purposes of completing submission of the claim. Directs the Secretary to contract with a private entity to evaluate the training and assessment programs for VBA employees.

To amend title 38, United States Code, to improve the processing of claims for benefits administered by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. ENHANCED SECURITY FOR AIRCRAFT. (a) Security for Larger Aircraft.-- (1) Program required.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall commence implementation of a program to provide security screening for all aircraft operations conducted with respect to any aircraft having a maximum certified takeoff weight of more than 12,500 pounds that is not operating as of the date of the implementation of the program under security procedures prescribed by the Administrator. (2) Waiver.-- (A) Authority to waive.--The Administrator may waive the applicability of the program under paragraph (1) with respect to any aircraft or class of aircraft otherwise described by that paragraph if the Administrator determines that aircraft described in that paragraph can be operated safely without the applicability of the program to such aircraft or class of aircraft, as the case may be. (B) Limitations.--A waiver under subparagraph (A) may not go into effect-- (i) unless approved by the Secretary of Transportation; and (ii) until 10 days after the date on which notice of the waiver has been submitted to the appropriate committees of Congress. (3) Program elements.--The program under paragraph (1) shall require the following: (A) The search of any aircraft covered by the program before takeoff. (B) The screening of all crew members, passengers, and other persons boarding any aircraft covered by the program, and their property to be brought on board such aircraft, before boarding. (4) Procedures for searches and screening.--The Administrator shall develop procedures for searches and screenings under the program under paragraph (1). Such procedures may not be implemented until approved by the Secretary. (b) Security for Smaller Aircraft.-- (1) Program required.--Not later than one year after the date of the enactment of this Act, the Administrator shall commence implementation of a program to provide security for all aircraft operations conducted with respect to any aircraft having a maximum certified takeoff weight of 12,500 pounds or less that is not operating as of the date of the implementation of the program under security procedures prescribed by the Administrator. The program shall address security with respect to crew members, passengers, baggage handlers, maintenance workers, and other individuals with access to aircraft covered by the program, and to baggage. (2) Report on program.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report containing a proposal for the program to be implemented under paragraph (1). (c) Background Checks for Aliens Engaged in Certain Transactions Regarding Aircraft.-- (1) Requirement.--Notwithstanding any other provision of law and subject to paragraph (3), no person or entity may sell, lease, or charter any aircraft to an alien, or any other individual specified by the Secretary for purposes of this subsection, within the United States unless the Attorney General issues a certification of the completion of a background investigation of the alien, or other individual, as the case may be, that meets the requirements of paragraph (2). (2) Background investigation.--A background investigation or an alien or individual under this subsection shall consist of the following: (A) A determination whether or not there is a record of a criminal history for the alien or individual, as the case may be, and, if so, a review of the record. (B) In the case of an alien, a determination of the status of the alien under the immigration laws of the United States. (C) A determination whether the alien or individual, as the case may be, presents a risk to the national security of the United States. (3) Expiration.--The prohibition in paragraph (1) shall expire as follows: (A) In the case of an aircraft having a maximum certified takeoff weight of more than 12,500 pounds, upon implementation of the program required by subsection (a). (B) In the case of an aircraft having a maximum certified takeoff weight of 12,500 pounds or less, upon implementation of the program required by subsection (b). (4) Alien defined.--In this subsection, the term ``alien'' has the meaning given that term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Commerce of the House of Representatives.

Directs the Administrator of the Federal Aviation Administration to implement programs to provide security screening for all aircraft operations conducted with respect to any larger aircraft (with a maximum certified takeoff weight of more than 12,500 pounds) and any smaller aircraft (12,500 pounds or under) that are not operating under security procedures prescribed by the Administrator. Authorizes a waiver of such requirement to aircraft that can be operated safely without such a program.Prohibits a person or entity from selling, leasing, or chartering an aircraft to an alien, or any other individual specified by the Secretary of Transportation, within the United States unless the Attorney General certifies completion of a background investigation of the alien (or other individual) that meets specified requirements.

A bill to provide for enhanced security with respect to aircraft.

SECTION 1. FINDINGS. (a) The Congress makes the following findings: (1) The free exchange of ideas and information through modern, reliable telecommunications equipment fosters the development of democratic institutions, the promotion of free market economic reforms, and the facilitation of international commerce. (2) Exports of advanced telecommunications equipment and technology contribute to United States economic competitiveness and high-skill, high-wage jobs in the United States. (3) Export restrictions on telecommunications equipment and technology are outdated, controlling the export of equipment and technology that is more than 10 years old and has over 15 times less capacity than similar equipment and technology in use today in the United States. (4) Foreign availability of telecommunications equipment and technology exists both from countries that do not belong to or cooperate with the Coordinating Committee for Multilateral Export Controls, and from within countries to which exports of such equipment and technology are controlled by agreement of the Coordinating Committee. SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS. (a) In General.--Section 5(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the following: ``(8)(A) The Secretary shall, not later than 30 days after the date of the enactment of this paragraph, propose to the Coordinating Committee that exports of telecommunications equipment and telecommunications technology for civil end uses shall not require a validated license for export to any of the republics of the former Soviet Union, the People's Republic of China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia. ``(B) For purposes of this paragraph-- ``(i) the term `telecommunications equipment' includes-- ``(I) telephone switching systems and stored program controlled communications switching systems, including related features and components that provide services and management of telecommunications networks; ``(II) telecommunications transmission equipment; ``(III) microwave, light wave, and other radio relay, transmitting, or test equipment, and related components and accessories; ``(IV) telecommunications cables and components, including optical fibers and optical fiber cables; ``(V) equipment containing frequency synthesizers when used in land-based mobile communications systems; ``(VI) equipment described in any of subclauses (I) through (V), or any other telecommunications equipment, that contains lasers; ``(VII) computer hardware and application specific software which are related to any of the items described in clauses (I) through (VI) and are required for data communications; and ``(VIII) all spare parts, components, and measuring or test equipment related to any of the items described in subclauses (I) through (VII); ``(ii) the term `telecommunications technology' means technology related to telecommunications equipment, including technology for the production, development, and use of telecommunications equipment; ``(iii) the term `telecommunications networks' includes local area, intracity, intercity, and international telecommunications networks; and ``(iv) the term `telecommunications' means voice, video, and data communications over any public or private network or broadcasting system, and services related to such communications.''. (b) Report.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the Speaker of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report certifying that the proposal required by section 5(c)(8) of the Export Administration Act of 1979 (as added by subsection (a) of this section) has been made to the members of the Coordinating Committee and outlining the plans to gain the concurrence of the other members of the Committee in the proposal.

Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls that exports of telecommunications technology for civil end uses shall not require a validated license for export to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia. Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other Coordinating Committee members in the proposal.

To liberalize controls on the export of telecommunications equipment and technology in order to promote democracy and free communication and enhance economic competitiveness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Freedom of Choice Act of 1997''. SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE PLANNING PROCESS. (a) Medicare Requirement.--Section 1861(ee)(2) of the Social Security Act (42 U.S.C. 1395x(ee)(2)) is amended-- (1) in subparagraph (D), by inserting before the period the following: ``, including the availability of those services through individuals and entities that participate in the program under this title and that serve the area in which the patient resides and that request to be listed by the hospital as available''; and (2) by adding at the end the following: ``(H) Consistent with section 1802, the discharge plan shall-- ``(i) not specify or otherwise limit the qualified provider which may provide post-hospital care, and ``(ii) identify (in a form and manner specified by the Secretary) any provider (to whom the individual is referred) in which the hospital has a disclosable financial interest (as specified by the Secretary consistent with section 1866(a)(1)(R)) or which has such an interest in the hospital.''. (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended-- (1) by striking ``or'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``; or'', and (3) by inserting after paragraph (15) the following new paragraph: ``(16) with respect to any amount expended for inpatient hospital services of a hospital unless the hospital has in place a discharge planning process that meets the requirements of section 1861(ee) with respect to individuals entitled to medical assistance under this title in the same manner as such requirements otherwise apply to individuals entitled to benefits under title XVIII.''. (c) Additional Enforcement Through Civil Money Penalties.--Section 1128A(b) of such Act (42 U.S.C. 1320a-7a(b)) is amended by adding at the end the following new paragraph: ``(4) Any hospital that participates in the program under title XVIII or XIX and that fails to comply with the discharge planning process described in section 1861(ee)(2) either-- ``(A) by failing to list participating individuals and entities requested to be listed under subparagraph (D) of such section, or ``(B) by violating subparagraph (H) of such section, shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not more than $10,000 for each such violation.''. (d) Effective Dates.--The amendments made by subsection (a) shall apply to discharges occurring on or after 90 days after the date of the enactment of this Act. The amendments made by subsection (b) shall apply to expenditures for inpatient hospital services with respect to discharges occurring on or after 90 days after the date of the enactment of this Act. The amendments made by subsection (c) shall apply to failures and violations occurring on or after 90 days after the date of the enactment of this Act. SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL SERVICE PROVIDERS. (a) Medicare Requirement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (P), (2) by striking the period at the end of subparagraph (Q), and (3) by adding at the end the following: ``(R) in the case of a hospital that has a financial interest (as specified by the Secretary in regulations) in a provider of post-hospital services (including an entity that furnishes durable medical equipment), or in which such a provider has such a financial interest, or in which another entity has such a financial interest (directly or indirectly) with such hospital and such a provider, to maintain and disclose to the Secretary (in a form and manner specified by the Secretary) information on-- ``(i) the nature of such financial interest, ``(ii) the number of individuals who were discharged from the hospital and who were identified as requiring the type of post-hospital services provided by such provider, and ``(iii) the percentage of such individuals who received such services from such provider (or another such provider).''. (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended-- (1) by striking ``(A)'' after ``unless'', and (2) by inserting before the period at the end the following: ``, and (B) the hospital is complying with the requirements of section 1866(a)(1)(R)''. (c) Disclosure of Information to the Public.--Title XI of such Act is amended by inserting after section 1145 the following new section: ``public disclosure of certain information on hospital financial interest and referral patterns ``Sec. 1146. The Secretary shall make available to the public, in a form and manner specified by the Secretary, information disclosed to the Secretary pursuant to section 1866(a)(1)(R) or section 1903(i)(16).''. (d) Effective Date.--The Secretary of Health and Human Services shall issue regulations by not later than 1 year after the date of the enactment of this Act to carry out the amendments made by this section and such amendments shall take effect as of such date (on or after the issuance of such regulations) as the Secretary specifies in such regulations.

Patient Freedom of Choice Act of 1997 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. Provides for additional enforcement of such requirement through civil money penalties. Amends SSA title XI to provide for disclosure of certain information on hospital financial interest and referral patterns to the Secretary of Health and Human Services, who shall in turn make such information public.

Patient Freedom of Choice Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Students Taking Action for Road Safety Act of 2010'' or ``STARS Act of 2010''. SEC. 2. TEEN DRIVER SAFETY PROGRAM. (a) Establishment.--The Secretary of Transportation shall establish and implement a teen traffic safety grant program under which the Secretary shall make grants to States to implement a statewide program to improve the traffic safety of teen drivers. (b) Purpose.--The purpose of the program is to support peer-to-peer education and prevention strategies in schools and communities to increase safety belt use and reduce speeding, impaired and distracted driving, underage drinking, and other destructive decisions among teen drivers that lead to injuries and fatalities. (c) Application.--Any State desiring 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) Eligible Activities.--A State may use funds from a grant under this section to implement a statewide program to improve traffic safety of teen drivers, including activities such as-- (1) working with student-led groups and advisors from schools to plan and implement teen traffic safety programs; (2) providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety; (3) providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers; (4) creating statewide or regional Web sites to publicize and circulate information on teen safety programs; (5) conducting outreach and providing educational resources for parents; (6) establishing State or regional advisory councils comprised of teen drivers to provide input and recommendations to the governor and governor's safety representative on issues related to the safety of teen drivers; (7) collaborating with law enforcement; (8) organizing and hosting State and regional conferences for teen drivers; (9) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for-profit entities; and (10) funding a position of coordinator for the teen safety program in the State or region. (e) Grant Amount.--The amount of a grant available to a State under this section shall be based on a formula administered by the Secretary. In administering the formula, the Secretary shall consider the number of teen drivers in each State, except that no State that applies for a grant under this section shall receive less than $200,000 annually. (f) Supplement Not Supplant.--Grant funds provided under this section shall be used to supplement, not supplant, Federal and non- Federal funds available for carrying out the activities described in this section. (g) Suballocation of Funds.--An agency of a State that receives a grant under this section may suballocate grant funds to one or several nonprofit organizations to carry out the program under this section. (h) Technical Assistance Center and Clearinghouse.-- (1) Establishment of center.--From funds provided under subsection (c), the Secretary may use up to $500,000 to contract with a national, nonprofit organization to provide training and technical assistance to State and local officials, student leaders, school advisors, and other entities associated with the grant program established in this section. (2) Use of funds.--The center may use funds for training, communications, publications, conferences, meetings and other assistance considered appropriate to develop and sustain a statewide program to improve traffic safety of teen drivers. (3) Clearinghouse.--The center may operate a national teen traffic safety clearinghouse to develop information and resources for improving the health and safety of teen drivers, disseminate techniques and strategies used for successful teen safety programs, and develop and carry out a public awareness campaign related to the safety of teen drivers. (i) Authorization of Appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for each of fiscal years 2011 through 2015. SEC. 3. TEEN DRIVER ADVISORY COUNCIL. (a) Establishment.--The Secretary shall establish the National Teen Driver Advisory Council which shall be comprised of teen drivers and leaders in teen traffic safety. (b) Strategy and Report.-- (1) Strategy.--The Council, working with teen drivers and leaders in teen traffic safety, including representatives of appropriate Federal agencies, shall study and develop an education and prevention strategy for reducing injuries and fatalities for teen drivers. (2) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report containing the results of the study conducted by the Council and a description of the strategy developed. SEC. 4. DEFINITIONS. In this Act the following definitions apply: (1) The term ``Secretary'' means the Secretary of Transportation. (2) The term ``teen driver'' means a driver under the age of 21. (3) The term ``teen traffic safety program'' includes peer- to-peer education and prevention strategies in schools and communities to increase safety belt use and reduce speeding, impaired and distracted driving, underage drinking, and other destructive decisions among teen drivers that lead to injuries and fatalities.

Students Taking Action for Road Safety Act of 2010 or STARS Act of 2010 - Directs the Secretary of Transportation to establish a teen traffic safety grant program to make formula grants to states to implement statewide programs to improve the traffic safety of teen drivers. Authorizes a state to use grant funds to implement a statewide program to improve the traffic safety of teen drivers, including activities to support peer-to-peer education and prevention strategies in schools and communities to increase safety belt use and reduce speeding, impaired and distracted driving, underage drinking, and other destructive teen driver decisions that lead to injuries and fatalities. Authorizes the Secretary to contract with a national, nonprofit organization (center) to provide training and technical assistance to state and local officials, student leaders, school advisors, and other entities associated with the grant program. Authorizes the center to operate a national teen traffic safety clearinghouse. Directs the Secretary to establish the National Teen Driver Advisory Council to study and develop an education and prevention strategy to reduce teen driver injuries and fatalities.

To establish a grant program in the Department of Transportation to improve the traffic safety of teen drivers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice in India Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) each year, in both Jammu and Kashmir and the Punjab, the Government of India detains thousands of persons under special or preventive detention laws without informing them of the charges against them; (2) most of these detainees are political prisoners, including prisoners of conscience; (3) they are often detained for several months and sometimes even more than a year; (4) detainees are not permitted any contact with lawyers or family members unless they are remanded to judicial custody and transferred to prison, and only then if the family on its own is able to locate the detainee; (5) in most cases, these persons are detained under the Terrorist and Disruptive Activities (Prevention) Act of 1987, the National Security Act of 1980, and the Jammu and Kashmir Public Safety Act of 1978; (6) the Terrorist and Disruptive Activities (Prevention) Act of 1987 authorizes administrative detention without formal charge or trial for up to 1 year for investigation of suspected ``terrorist'' or broadly defined ``disruptive'' activities; (7) the 1-year period of permissible detention before trial violates Article 9 of the International Covenant on Civil and Political Rights, to which India is a party; (8) Article 9 of the International Covenant provides, ``Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.''; (9) under the Terrorist and Disruptive Activities (Prevention) Act of 1987, all proceedings before a designate court must be conducted in secret ``at any place other than...[the court's]...ordinary place of sitting''; (10) section 16(2) of the Terrorist and Disruptive Activities (Prevention) Act of 1987 permits the designated court to keep the ``identity and address of any witness secret''; (11) under the Terrorist and Disruptive Activities (Prevention) Act of 1987, a confession to a senior police officer can be admitted as evidence if there is reason to believe it was made voluntarily; (12) the Terrorist and Disruptive Activities (Prevention) Act of 1987 amends India's criminal code, which prohibits such confessions, and substantially increases the risk of torture; (13) the Terrorist and Disruptive Activities (Prevention) Act of 1987 reverses the presumption of innocence, placing the burden on the accused to prove that he or she is not guilty; (14) the National Security Act of 1980 permits the detention of persons without charge or trial for up to 1 year in order to prevent them from acting in a manner prejudicial to the security of the state, the maintenance of public order, the maintenance of supplies and services essential to the community, or relations with a foreign power; (15) the National Security Act of 1980 was amended to permit 2 years detention in the Punjab; (16) under this Act, India may detain any person engaged in behavior ``prejudicial to the defense of India, the relations of India with foreign powers, or the security of India''; (17) the Jammu and Kashmir Public Safety Act of 1978 empowers India to detain persons without trial for up to 1 year for a broad range of activities, including ``promoting, propagating, or attempting to create, feelings of enmity or hatred or disharmony on grounds of religion, race, community, or region''; (18) the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983 and the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 empower Indian security forces to search homes without warrant, to make arrests without warrant, to destroy the ``hideouts'' of suspected terrorists, and to shoot to kill with immunity from prosecution; (19) Indian security forces routinely employ methods of torture, beatings, and threats to induce detainees to sign statements of confession and to identify suspected militants; (20) the Terrorist and Disruptive Activities (Prevention) Act of 1987, the National Security Act of 1980, the Jammu and Kashmir Public Safety Act of 1978, the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983, and the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 facilitate human rights abuses by suspending ordinary safeguards against arbitrary arrest, incommunicado detention, and torture; and (21) these 5 laws are incompatible with the principles of a modern democracy. SEC. 3. REDUCTION OF DEVELOPMENT ASSISTANCE FOR INDIA UNLESS CERTAIN LAWS REPEALED. (a) Report.--Not later than 60 days after the date of the enactment of this Act, the President shall report to the Congress whether the Government of India has repealed all the laws specified in subsection (d). (b) Reduction of Assistance.--If the President reports to Congress, either pursuant to subsection (a) or at any other time, that the Government of India has not repealed all the laws specified in subsection (d), all development assistance for India under chapter 1 of part I of the Foreign Assistance Act of 1961 shall be terminated except for assistance to continue the Immunodiagnostic Development Project, the Child Survival Health Support Project, and the Private and Voluntary Organizations for Health II Project. (c) Resumption of Assistance.--Assistance terminated pursuant to subsection (b) may be resumed only if the President reports to Congress that the Government of India has repealed all the laws specified in subsection (d). (d) Special and Preventive Detention Laws.--The laws referred to in subsections (a), (b), and (c) are the Terrorist and Disruptive Activities (Prevention) Act of 1987, the National Security Act of 1980, the Jammu and Kashmir Public Safety Act of 1978, the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983, and the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990.

Justice in India Act - Terminates all development assistance for India under the Foreign Assistance Act of 1961 (except assistance for specified health projects) if the President reports to the Congress that India has not repealed certain special and preventive detention laws. Provides for the resumption of such assistance if India repeals such laws.

Justice in India Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Outreach and Enrollment Enhancement Act of 2006''. SEC. 2. OUTREACH AND EDUCATION FUNDING. (a) Medicare Outreach and Education by State Health Insurance Counseling Programs.-- (1) Fiscal year 2006.--There are appropriated $13,500,000 to the Centers for Medicare & Medicaid Services to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act. (2) Additional funding for future outreach and education efforts.--There are authorized to be appropriated for each of fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year (as determined by the Secretary of Health and Human Services, based on the most recent available data before the beginning of the fiscal year) to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in such Medicare program. (b) Part D Outreach and Education.-- (1) In general.--There are appropriated $6,300,000 to the Centers for Medicare & Medicaid Services to be used to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of title XVIII of the Social Security Act. (2) Transfer of funds through interagency agreement.-- (A) Transfer.--Subject to subparagraph (B), the Administrator of the Centers for Medicare & Medicaid Services shall transfer amounts provided under paragraph (1) to the Administration on Aging under an interagency agreement. (B) Interagency agreement.--The interagency agreement entered into under subparagraph (A) shall establish guidelines with respect to the distribution of amounts transferred under such subparagraph to Area Agencies on Aging and Native American aging programs, taking into account any variations in the population served by such Agencies and such programs. (C) Timing of interagency agreement and distribution of funds.-- (i) Interagency agreement.--Not later than the date that is 60 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall enter into the interagency agreement described in subparagraph (A). (ii) Distribution of funds.--Not later than the date that is 120 days after the date of enactment of this Act, the Administration on Aging shall distribute the amounts transferred under such interagency agreement. SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Application for low-income subsidy.-- ``(i) In general.--Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). ``(ii) Applicable individual defined.--For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who-- ``(I) has an application for an income-related subsidy under section 1860D-14 pending during the individual's initial enrollment period (as determined under paragraph (2)); and ``(II) does not receive notification of the approval or disapproval of such application prior to the end of such initial enrollment period. ``(iii) Timing of special enrollment period.--The special enrollment period established under this subparagraph shall be for a period (not to exceed 30 days) beginning on the date the applicable individual receives the notification described in clause (ii)(II).''. (b) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty.--An applicable individual (as defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls during the special enrollment period established under such section shall not be subject to an increase in the monthly beneficiary premium established under subsection (a) with respect to months occurring prior to the date of such enrollment.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare & Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA). Makes appropriations to the Centers for Medicare & Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII. Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program.

A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Skills Training Alliances Act of 1999''. SEC. 2. DEFINITION. For purposes of this Act, the term ``Secretary'' means the Secretary of Commerce. TITLE I--SKILL GRANTS SEC. 101. AUTHORIZATION. (a) In General.--The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, and in consultation with the Secretary of Labor, shall provide grants to eligible entities described in subsection (b) to assist such entities to improve the job skills necessary for employment in specific industries. (b) Eligible Entities Described.-- (1) In general.--An eligible entity described in this subsection is a consortium that-- (A) shall consist of representatives from not less than 10 businesses (or a non-profit organization that represents not less than 10 businesses); and (B) may consist of representatives from one or more of the following: (i) Labor organizations. (ii) State and local government. (iii) Educational institutions. (2) Majority of representatives.--A majority of the representatives comprising the consortium shall be representatives described in paragraph (1)(A). (3) Additional requirement.--To the maximum extent practicable, each business, organization, or government that forms an eligible entity under paragraph (1) shall be located in the same geographic region of the United States. (c) Priority for Small Businesses.--In providing grants under subsection (a), the Secretary shall give priority to an eligible entity if a majority of representatives forming the entity represent small- business concerns, as described in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (d) Maximum Amount of Grant.--The amount of a grant provided to an eligible entity under subsection (a) may not exceed $1,000,000 for any fiscal year. SEC. 102. APPLICATION. (a) Certain States With Multiple Consortia.--In a State in which two or more eligible entities seek grants under section 101 for a fiscal year, as determined by the Governor of the State, the Governor may solicit proposals from the entities concerning the activities to be carried out under the grants. If the Governor solicits such proposals, based on the proposals received, the Governor shall submit an application on behalf of 1 or more of the entities to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The provisions of this title relating to eligible entities shall apply to each of the entities for which the Governor applies. (b) Other States.--In a State in which only one eligible entity seeks a grant under section 101 for a fiscal year, as determined by the Governor of the State, or in which the Governor does not solicit proposals as described in subsection (a), the Secretary may not provide a grant under section 101 to the eligible entity unless such entity submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 103. USE OF AMOUNTS. (a) In General.--The Secretary may not provide a grant under section 101 to an eligible entity unless such entity agrees to use amounts received from such grant to improve the job skills necessary for employment by businesses in the industry with respect to which such entity was established. (b) Conduct of Program.-- (1) In general.--In carrying out the program described in subsection (a), the eligible entity may provide for-- (A) an assessment of training and job skill needs for the industry; (B) development of a sequence of skill standards that are benchmarked to advanced industry practices; (C) development of curriculum and training methods; (D) purchase, lease, or receipt of donations of training equipment; (E) identification of training providers; (F) development of apprenticeship programs; (G) development of training programs for dislocated workers; (H) development of the membership of the entity; (I) provision of training programs for workers; and (J) development of training plans for businesses. (2) Additional requirement.--In carrying out the program described in subsection (a), the eligible entity shall provide for development and tracking of performance outcome measures for the program and the training providers involved in the program. (c) Administrative Costs.--The eligible entity may use not more than 10 percent of the amount of a grant to pay for administrative costs associated with the program described in subsection (a). SEC. 104. REQUIREMENT OF MATCHING FUNDS. The Secretary may not provide a grant under section 101 to an eligible entity unless such entity agrees that-- (1) it will make available non-Federal contributions toward the costs of carrying out activities under section 103 in an amount that is not less than $2 for each $1 of Federal funds provided under a grant under section 101; and (2) of such non-Federal contributions, not less than $1 of each such $2 shall be from businesses participating in the eligible entity. SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES. The Secretary may use not more than 5 percent of the funds made available to carry out this title to pay for Federal administrative costs associated with making grants under this title. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000 for each of the fiscal years 2000, 2001, and 2002. TITLE II--PLANNING GRANTS SEC. 201. AUTHORIZATION. (a) In General.--The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, and in consultation with the Secretary of Labor, shall provide grants to States to enable the States to assist businesses, organizations, and agencies described in section 101(b) in conducting planning to form consortia described in such section. (b) Maximum Amount of Grant.--The amount of a grant provided to a State under subsection (a) may not exceed $500,000 for any fiscal year. SEC. 202. APPLICATION. The Secretary may not provide a grant under section 201 to a State unless such State submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 203. REQUIREMENT OF MATCHING FUNDS. The Secretary may not provide a grant under section 201 to a State unless such State agrees that it will make available non-Federal contributions toward the costs of carrying out activities under this title in an amount that is not less than $1 for each $1 of Federal funds provided under a grant under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $5,000,000 for fiscal year 2000.

TABLE OF CONTENTS: Title I: Skill Grants Title II: Planning Grants Regional Skills Training Alliances Act of 1999 - Title I: Skill Grants - Directs the Secretary of Commerce to make grants to improve the job skills necessary for employment in specific industries. Requires the Secretary to do so acting through the Director of the National Institute of Standards and Technology. Makes eligible for such grants regional consortia that: (1) must have representatives from not fewer than ten businesses (or a nonprofit organization that represents at least ten businesses); and (2) may have representatives from labor organizations, State and local governments, and educational institutions. Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses. Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds. Authorizes appropriations. Title II: Planning Grants - Requires the Secretary, acting through the Director, to provide grants to States to assist businesses, organizations, and agencies in planning to form regional consortia under title I. Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds. Authorizes appropriations.

Regional Skills Training Alliances Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ski Area Recreational Opportunity Enhancement Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)-- (1) to enable snow-sports (in addition to nordic and alpine skiing) to be permitted on National Forest System land, subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and (2) to clarify the authority of the Secretary to permit appropriate additional seasonal or year-round recreational activities and facilities on National Forest System land, subject to ski area permits issued by the Secretary under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b). SEC. 3. SKI AREA PERMITS. Section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is amended-- (1) in subsection (a), by striking ``nordic and alpine ski areas and facilities'' and inserting ``ski areas and associated facilities''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``nordic and alpine skiing operations and purposes'' and inserting ``skiing and other snow-sports and such other seasonal or year-round recreational activities associated with mountain resorts as the Secretary may authorize pursuant to subsection (c)''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (4) by inserting after subsection (b) the following: ``(c) Other Recreational Uses.-- ``(1) Authority of secretary.--Subject to paragraphs (2) and (3), the Secretary may authorize the holder of a ski area permit issued pursuant to subsection (b) to provide on National Forest System land subject to the ski area permit such other seasonal or year-round natural resource-based recreational activities and associated facilities or improvements (in addition to skiing and other snow-sports) as the Secretary determines to be appropriate. ``(2) Requirements.--Any activity, facility, or improvement authorized by the Secretary under paragraph (1) shall-- ``(A) encourage outdoor recreation and enjoyment of nature; ``(B) to the extent practicable, harmonize with the natural environment of the National Forest System land on which the activity, facility, or improvement is located; ``(C) to the extent practicable, be located within the portions of the ski permit area that are developed to support skiing and other snow sports; ``(D) be consistent with the applicable forest management plan and all other applicable laws; and ``(E) be subject to such terms and conditions as the Secretary determines to be appropriate. ``(3) No change in purpose.-- ``(A) Purpose test.--The Secretary may not authorize an activity, facility, or improvement under paragraph (1) if the Secretary determines that the authorization of the activity, facility, or improvement would result in the primary recreational purpose of the National Forest System land subject to the ski area permit to be a purpose other than skiing or any other snow-sport. ``(B) Revenue test.--To ensure that National Forest System lands subject to a ski area permit continue to be used predominately for skiing and other snow sports, the Secretary may authorize an activity, facility, or improvement under paragraph (1) only to the extent that the majority of the revenue of the ski area is generated by the sale of lift tickets and fees for ski and other snow-sport rentals, skiing and other snow- sport instruction, ski trail passes for the use of trails maintained by the permit holder, and ancillary facilities related to the operation and support of skiing and other snow-sport activities. ``(4) Boundary changes.--When determining the boundary of a ski area permit under subsection (b)(3), the Secretary shall not consider the need for activities other than skiing and other snow-sports. ``(5) Effect on existing authorized activities and facilities.--Nothing in this subsection affects any activity or facility authorized by a ski area permit in effect on the date of enactment of this subsection during the term of the permit.''; and (5) in subsection (d) (as redesignated by paragraph (3))-- (A) by striking ``Within one year after the date of enactment of this Act, the'' and inserting ``Not later than 18 months after the date of enactment of the Ski Area Recreational Opportunity Enhancement Act of 2010, the''; and (B) by striking ``within 3 years of the date of enactment of this Act''. SEC. 4. EFFECT. Nothing in this Act (including the amendments made by this Act) affects-- (1) any authority of the Secretary of Agriculture (including the authority of the Secretary with respect to recreational activities or infrastructure located on National Forest System land) under any Federal law (including regulations) other than the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and (2) any duty of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives July 30 (legislative day July 29), 2010. Attest: LORRAINE C. MILLER, Clerk. By Robert F. Reeves, Deputy Clerk.

Ski Area Recreational Opportunity Enhancement Act of 2010 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law. Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and such other seasonal or year-round recreational activities associated with mountain resorts as the Secretary of Agriculture (USDA) may authorize pursuant to this Act. Requires any authorized activity, facility, or improvement other than skiing and other snow-sports to: (1) encourage outdoor recreation and enjoyment of nature; (2) harmonize with the natural environment of the National Forest System land on which it is located; (3) be located within the parts of the ski permit area that are developed to support skiing and other snow sports; and (4) be consistent with the applicable forest management plan and all other applicable laws. Prohibits the Secretary from authorizing an activity, facility, or improvement under this Act if its authorization would result in the primary recreational purpose of the National Forest System land with a ski area permit being a purpose other than skiing or any other snow-sport. Allows the Secretary to authorize such an activity, facility, or improvement only to the extent that the majority of the ski area's revenue is generated by the sale of lift tickets and related fees for skiing and other snow-sport activities. Bars the Secretary from considering the need for activities other than skiing and snow-sports when determining the boundary of a ski area permit. Requires the Secretary to: (1) promulgate new rules and regulations for the implementation of this Act; and (2) convert all ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this Act.

To amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that are subject to ski area permits, and for other purposes.

SECTION 1. IMPLEMENTATION OF THE TRICARE PROGRAM OF THE DEPARTMENT OF DEFENSE. (a) Sense of Senate.--It is the sense of the Senate that-- (1) the health care program of the Department of Defense, commonly known as TRICARE-- (A) reflects a commitment to cooperation between the military departments; and (B) integrates on a regional basis the provision of health care by the military medical treatment facilities under chapter 55 of title 10, United States Code; (2) the full implementation of the TRICARE program of the Department will result in the establishment of a system for the delivery of health care by the Department that is cohesive, flexible, and more capable of meeting the requirements of readiness to provide health care in support of military operations and of capacity to provide health care on a routine basis; (3) the full implementation of the TRICARE program of the Department will also result in-- (A) improved access to health care for individuals eligible to participate in the system; and (B) an enhancement of the capacities of the Department of Defense medical facilities through-- (i) control over contractor support of such facilities; (ii) sharing of resources and interoperability between the military departments in the operation of such facilities; and (iii) cost containment; and (4) medicare reimbursement is essential if the TRICARE program of the Department is to compete effectively among providers of health care services nationwide. (b) Reimbursement by Medicare for Care Provided to Medicare- Eligible Individuals.--(1) In the case of a person who is a medicare- eligible individual and who is provided care in a facility of the uniformed services that is certified under subsection (c), the Secretary of Health and Human Services shall be responsible for making payments to the certified facility under this section on behalf of the person. (2) The responsibilities of the Secretary of Health and Human Services under this subsection shall be in the same amounts and under similar terms and conditions under which that Secretary makes payments to eligible organizations with a risk-sharing contract under such section 1876. (3) Upon making payment under this subsection to a certified facility on behalf of a person, the obligation of the Secretary of Health and Human Services to provide health care services to the person shall cease. (c) Certification of Facilities.--(1) The Secretary of Defense shall certify to the Secretary of Health and Human Services each year-- (A) a list of all facilities of the uniformed services that-- (i) meet or exceed medicare requirements that apply to a public facility; or (ii) fully comply with requirements established by the administering Secretaries that are intended to achieve the same or similar purposes as the requirements referred to in clause (i) and that are no less stringent than such requirements; and (B) a list of all health plans conducted by the Secretary of Defense that-- (i) meet or exceed medicare HMO requirements that apply to the health plan of a public entity; or (ii) fully comply with requirements established by the administering Secretaries that are intended to achieve the same or similar purposes as the requirements referred to in clause (i) and that are no less stringent than such requirements. (2) For purposes of the medicare program-- (A) a Department health care facility for which there is a certification in effect under paragraph (1)(A) and which provides care to medicare-eligible individuals shall be deemed to be a medicare provider; and (B) a health plan for which there is a certification in effect under paragraph (1)(B) and which provides care to medicare-eligible individuals shall be deemed to be a medicare HMO. (d) Definitions.--In this section: (1) The term ``administering Secretaries'' has the meaning given such term in section 1072(3) of title 10, United States Code. (2) The term ``medicare program'' means the health insurance program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (3) The term ``medicare-eligible individual'' means an individual who is entitled to benefits under part A of the medicare program. (4) The term ``medicare HMO'' means an eligible organization under section 1876 of the Social Security Act (42 U.S.C. 1395mm). (5) The term ``medicare provider'' means an individual or entity furnishing items or services for which payments may be made under the medicare program.

Expresses the sense of the Senate that: (1) the health care program of the Department of Defense (DOD) known as TRICARE reflects a commitment to cooperation between the military departments and integrates the provision of health care by mlitary medical facilities; (2) full implementation of the TRICARE program will enhance DOD readiness to provide health care in support of military operations, as well as routine military health care, and will result in improved access to health care and enhancement of DOD medical facilities; and (3) Medicare (title XVIII of the Social Security Act) reimbursement is essential if the TRICARE program is to compete effectively among nationwide providers of health care services. Provides that, in the case of a person who is a Medicare-eligible individual who receives services in a certified military medical facility, the Secretary of Health and Human Services (HHS) shall be responsible for making reimbursement payments to the certified facility providing such care. Requires the Secretary of Defense to certify to the HHS Secretary a list of all military facilities that meet or exceed Medicare requirements that apply to a public facility, as well as all DOD health plans that meet or exceed Medicare HMO requirements.

An original bill to state the sense of the Senate on the TRICARE program of the Department of Defense and to facilitate the full implementation of the program by authorizing the reimbursement of the program for the cost of care provided under the program to certain medicare-eligible individuals.

SECTION 1. ESTABLISHMENT OF SPECIAL ENROLLMENT PERIODS AND WAIVER OF LATE ENROLLMENT PENALTY FOR CERTAIN MILITARY RETIREES AND DEPENDENTS. (a) Special Medicare Part B Enrollment Period.-- (1) In general.--Section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: ``(j)(1)(A) There shall be a special enrollment period described in subparagraph (B) in the case of an individual who attained age 65 before the date of the enactment of this subsection and with respect to whom the following conditions are met: ``(i) Since attaining such age and up to such date of enactment, the individual has been a covered beneficiary (as defined in section 1072(5) of title 10, United States Code) under chapter 55 of title 10, United States Code. ``(ii) Since attaining such age and up to the date of the event described in clause (iii), the individual continuously maintained a primary residence within 100 miles of a military hospital that provided inpatient hospital services and was not been enrolled under this part. ``(iii) Since attaining such age and before such date of enactment, any military hospital that provided inpatient hospital services and that was located within 100 miles of the individual's primary residence either was closed or discontinued the provision of such services. ``(B) The special enrollment period under this paragraph shall be the 9-month period beginning with the first month that begins at least 45 days after the date of the enactment of this Act. ``(2)(A) There shall be a special enrollment period described in subparagraph (B) in the case of an individual who attains age 65 on or after the date of the enactment of this subsection and with respect to whom the following conditions are met: ``(i) Since attaining such age and until the date of the announcement described in clause (ii), the individual has been a covered beneficiary (as defined in section 1072(5) of title 10, United States Code) under chapter 55 of title 10, United States Code, has not been enrolled under this part, and has continuously maintained a primary residence within 100 miles of a military hospital that provided inpatient hospital services. ``(ii) Since attaining such age, there has been an announcement that any military hospital that provided inpatient hospital services and that was located within 100 miles of the individual's primary residence either will be closed or that the provision of inpatient hospital services at any such facility will be discontinued. ``(B) A special enrollment period under this paragraph shall be a 90-day period beginning 45 days before the date of the proposed hospital closure or service discontinuation described in subparagraph (A)(ii). ``(3)(A) For purposes of this subsection, if a military hospital is closed (or inpatient hospital services at a military hospital are discontinued) under a base closure law, the closure or discontinuation of services is considered to be `announced' as of the date of the submission to Congress under the base closure law of a report recommending the closure of the military base at which the facility is located. ``(B) If the there is a determination (other than under a base closure law) that a military hospital in the United States will be closed or that all inpatient hospital services at a military hospital will be discontinued, there shall be a public announcement of such determination at least 60 days before the date of the closure or discontinuation. Such announcement shall be made through a posting at the hospital and through other means intended to inform individuals who are 65 years of age or older and who obtain services through the hospital. ``(4) For purposes of this subsection: ``(A) The term `base closure law' means any of the following: ``(i) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). ``(ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). ``(iii) Section 2687 of title 10, United States Code. ``(iv) Any other similar law enacted after the date of the enactment of this subsection. ``(B) The term `military hospital' means a hospital that is a facility of a uniformed service referred to in section 1074(a) of title 10, United States Code.''. (2) Coverage period for special enrollments.--Section 1838 of such Act (42 U.S.C. 1395q) is amended by adding at the end the following new subsection: ``(f) Notwithstanding subsection (a), in the case of an individual who enrolls under this part pursuant to a special enrollment period provided under section 1837(j), the coverage period shall begin on the first day of the month that begins at least 15 days after the date of such enrollment.''. (b) Waiver of Medicare Part B Late Enrollment Penalty.--Section 1839 of such Act (42 U.S.C. 1395r) is amended by adding at the end the following new subsection: ``(h) The increase in premiums required under subsection (b) due to late enrollment under this part shall not apply to an individual who enrolls under this part pursuant to a special enrollment period provided under section 1837(j).''. (c) Medigap Special Open Enrollment Period.--Section 1882 of such Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsection: ``(u) Notwithstanding any other provision of law, an issuer of a medicare supplemental policy-- ``(1) may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and ``(2) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability; in the case of an individual described in paragraph (1) or (2) of section 1839(j) who seeks to enroll during a special enrollment period provided pursuant to such section.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends title XVIII (Medicare) of the Social Security Act to provide for a special Medicare part B (Supplementary Medical Insurance) enrollment period and Medigap enrollment period and a waiver of the Medicare part B late enrollment penalty for certain military retirees and dependents who live within a certain distance of a military hospital which provided inpatient hospital services that either closed or discontinued the provision of such services.

To amend title XVIII to provide a special Medicare part B enrollment period and MediGap enrollment period and a waiver of the Medicare part B late enrollment penalty for certain military retirees and dependents who live near military hospitals that are closed or that discontinue inpatient hospital services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Government Spending Accountability and Oversight Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Federal Government Spending Accountability and Oversight Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission-- (1) shall conduct a survey on cost control in the Federal Government; (2) shall conduct in-depth reviews of the operations of Executive agencies to evaluate potential improvements in agency operations; and (3) shall advise and make recommendations to Congress, the President, and the heads of Executive agencies with respect to improving management and reducing costs. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 24 members appointed as follows: (1) 8 individuals appointed by the President. (2) 4 individuals appointed by the Speaker of the House of Representatives. (3) 4 individuals appointed by the minority leader of the House of Representatives. (4) 4 individuals appointed by the majority leader of the Senate. (5) 4 individuals appointed by the minority leader of the Senate. (b) Qualifications of Members.-- (1) Prohibition on government employees.--Individuals appointed to the Commission shall not be officers or employees of a government. (2) Other qualifications.--Individuals appointed to the Commission shall possess extensive experience in their respective fields, and shall be qualified to study government spending and budget practices. (3) Political party affiliation.--Not more than 4 members of the Commission appointed by the President under subsection (a)(1) shall be from the same political party. (c) Deadline for Appointment.--Appointments shall be made not later than 60 days after the date of enactment of this Act. (d) Continuation of Membership.--If a member is appointed to the Commission, and later becomes an officer or employee of a government, that member may continue as a member of the Commission for not longer than the 30-day period beginning on the date that member becomes such an officer or employee. (e) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made not later than 30 days after the date on which the vacancy occurs. (f) Basic Pay.--Members shall serve without pay. (g) Quorum.--13 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members. The term of office of the Chairperson shall be the duration of the Commission. (i) Meetings.--The Commission shall meet not fewer than one time per month at the call of the Chairperson. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate to be determined by the Commission. (b) Staff.--With the approval of the Chairperson, the Director may appoint personnel as the Director considers appropriate. Such personnel shall be paid at a rate to be determined by the Director, with the approval of the Chairperson. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish to the Committee, its staff, and the Secretary of Commerce such information, including information relating to the structure, organization, personnel, and operations of that department or agency, to the extent permitted by law. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. SEC. 7. JOINT PROJECTS. The Secretary of Commerce may engage in joint projects, or perform services, on matters of mutual interest with the Commission in accordance with Public Law 91-412 (15 U.S.C. 1525). SEC. 8. REPORTS. (a) Preliminary Report.--Not later than 6 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a report containing its findings. (b) Interim Report.--Not later than 12 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a report containing its findings. (c) Final Report.--Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a report containing-- (1) the findings and conclusions of the Commission; and (2) specific recommendations for legislative and administrative actions determined by the Commission to be appropriate. (d) Considerations.--In preparing reports required under this section, the Commission shall consider the following: (1) Executive or congressional action that can increase efficiency and reduce costs in the Federal Government. (2) Areas where managerial accountability can be enhanced and administrative control can be improved. (3) Long and short-term opportunities for managerial improvement. (4) Specific areas where potential savings justify further study. (5) Information and data relating to governmental expenditures, indebtedness, and personnel management. (6) Federal programs that can be terminated because the objectives of the program have been terminated or are duplicated by another Federal program. (7) Federal programs that can be carried out more efficiently and cost-effectively by the private sector. SEC. 9. DEFINITION OF EXECUTIVE AGENCY. In this Act, the term ``Executive agency'' has the meaning given that term by section 105 of title 5, United States Code. SEC. 10. FUNDING. All of the expenses of the Commission shall be paid from non- Federal sources. SEC. 11. TERMINATION. The Commission shall terminate not later than 30 days after the date of submission of the report required under section 8(c).

Federal Government Spending Accountability and Oversight Act - Establishes the Federal Government Spending Accountability and Oversight Commission to : (1) conduct a survey on cost control in the federal government; (2) conduct in-depth reviews of the operations of Executive agencies to evaluate potential improvements in agency operations; and (3) advise and make recommendations to Congress, the President, and the heads of Executive agencies with respect to improving management and reducing costs.

To establish a commission to review Federal Government administration and spending practices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Access to Quality Nursing Home Care Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Beneficiaries under the Medicare Program under title XVIII of the Social Security Act are experiencing decreased access to skilled nursing facility services due to inadequate reimbursement under the prospective payment system for such services under section 1888(e) of such Act. (2) Such inadequate reimbursement may force skilled nursing facilities to file for bankruptcy and close their doors, resulting in reduced access to skilled nursing facility services for Medicare beneficiaries. (3) The methodology under the prospective payment system for skilled nursing facility services has made it more difficult for Medicare beneficiaries to find nursing home care. Some beneficiaries are remaining in hospitals for extended stays due to reduced access to nursing homes. Others are placed in nursing homes that are hours away from family and friends. (4) The Health Care Financing Administration has indicated that the prospective payment system for skilled nursing facility services does not accurately account for the costs associated with providing medically complex care (non-therapy ancillary services and supplies). Due to Year 2000 problems, the Health Care Financing Administration claims that it will be unable to properly account for such costs under such system. (5) The Medicare Payment Advisory Commission (MedPAC) has indicated that payments to skilled nursing facilities under the Medicare Program may not be adequate for beneficiaries who need relatively high levels of non-therapy ancillary services and supplies. According to MedPAC, such inadequate funding could result in access problems for beneficiaries with medically complex conditions. (6) In order to provide adequate payment under the prospective payment system for skilled nursing facility services, such system must take into account the costs associated with providing 1 or more of the following services: (A) Ventilator care. (B) Tracheostomy care. (C) Care for pressure ulcers. (D) Care associated with individuals that have experienced a stroke or a hip fracture. (E) Care for non-vent, non-trach pneumonia. (F) Dialysis. (G) Infusion therapy. (H) Deep vein thrombosis. (I) Care associated with individuals with transient peripheral neuropathy, a chronic obstructive pulmonary disease, congestive heart failure, diabetes, a wound infection, a respiratory infection, sepsis, tuberculosis, HIV, or cancer. (7) A temporary legislative solution is necessary in order to ensure that Medicare beneficiaries with complex conditions continue to receive access to appropriate skilled nursing facility services. (8) The skilled nursing facility market basket increase over the last 3 years evidences a critical payment gap that exists between the actual cost of providing services to Medicare beneficiaries residing in a skilled nursing facility and the reimbursement levels for such services under the prospective payment system. In addition, the Health Care Financing Administration, in establishing the skilled nursing facility market basket index under section 1888(e)(5)(A) of the Social Security Act only accounted for the cost of goods, but not for the cost of services, as such section requires. SEC. 3. MODIFICATION OF CASE MIX CATEGORIES FOR CERTAIN CONDITIONS. (a) In General.--For purposes of applying any formula under paragraph (1) of section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)), for services provided on or after October 1, 1999, and before the earlier of October 1, 2001, or the date described in subsection (c), the Secretary of Health and Human Services shall increase the adjusted Federal per diem rate otherwise determined under paragraph (4) of such section for services provided to any individual during the period in which such individual is in a RUGS III category by the applicable payment add-on as determined in accordance with the following table: RUGS III Category Applicable Payment Add-On RUC........................................... $73.57 RUB........................................... $23.06 RUA........................................... $17.04 RVC........................................... $76.25 RVB........................................... $30.36 RVA........................................... $20.93 RHC........................................... $54.07 RHB........................................... $27.28 RHA........................................... $25.07 RMC........................................... $69.98 RMB........................................... $30.09 RMA........................................... $24.24 SE3........................................... $98.41 SE2........................................... $89.05 CA1........................................... $27.02. (b) Update.--The Secretary shall update the applicable payment add- on under subsection (a) for fiscal year 2001 by the skilled nursing facility market basket percentage change (as defined under section 1888(e)(5)(B) of the Social Security Act (42 U.S.C. 1395yy(e)(5)(B))) applicable to such fiscal year. (c) Date Described.--The date described in this subsection is the date that the Secretary of Health and Human Services implements a case mix methodology under section 1888(e)(4)(G)(i) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(G)(i)) that takes into account adjustments for the provision of non-therapy ancillary services and supplies such as drugs and respiratory therapy. SEC. 4. MODIFICATION TO THE SNF UPDATE TO FIRST COST REPORTING PERIOD. (a) In General.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (1) in paragraph (3)(B)(i), by striking ``minus 1 percentage point''; and (2) in paragraph (4)(B), by striking ``reduced (on an annualized basis) by 1 percentage point''. (b) Effective Date.--The amendments made by subsection (a) shall apply to services provided on or after October 1, 1999.

Directs the Secretary of Health and Human Services to increase the adjusted Federal per diem rate otherwise determined for services provided to any individual during the period in which such individual is in a Nursing Home Case-Mix and Quality Demonstration resource utilization group (RUGS III) category of care, by the applicable payment add-on (updated for FY 2001 by the applicable SNF market basket percentage change), according to a specified table of such categories (especially for high-acuity and medically complex patients). Limits the application of this Act to services provided on or after October 1, 1999, and before the earlier of October 1, 2001, or the date on which the Secretary implements a case-mix methodology that takes into account adjustments for the provision of non-therapy ancillary services and supplies such as drugs and respiratory therapy. Amends title XVIII (Medicare) of the Social Security Act to revise the formula for facility specific per diem rates with respect to the market basket update (inflation adjuster) to repeal the mandatory annualized one percent reduction in basket amount.

Medicare Beneficiary Access to Quality Nursing Home Care Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Technology Improvement Act of 2004''. SEC. 2. HOMELAND SECURITY TECHNOLOGY TRANSFER PROGRAM. (a) In General.--Section 313 of the Homeland Security Act of 2002 (6 U.S.C. 193) is amended-- (1) in subsection (b), by adding at the end the following: ``(6) The establishment of a multi-agency homeland security technology, equipment, and information transfer program to allow for the transfer of technology, equipment, and information to State and local law enforcement agencies.''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ``(c) Technology Transfer Program.--In developing the program described under subsection (b)(6), the Secretary, acting through the Under Secretary for Science and Technology shall-- ``(1) in close cooperation with the Office of Domestic Preparedness, conduct, on an ongoing basis-- ``(A) research and development of new technologies; ``(B) surveys and reviews of available appropriate technologies; and ``(C) tests, evaluations, and demonstrations of new and available technologies that significantly improve the capability of law enforcement agencies in countering terrorist threats; ``(2) in support of the activities described in paragraph (1)-- ``(A) consult with State and local law enforcement agencies and others determined by the Secretary, including the advisory committee established under section 430(d); ``(B) work with the National Institute for Standards and Technology and any other office or agency determined by the Secretary; ``(C) at the discretion of the Secretary, enter into agreements and coordinate with other Federal agencies to maximize the effectiveness of the technologies, equipment, and information; and ``(3) provide a comprehensive list of available technologies, equipment, and information to the Office for Domestic Preparedness which shall administer a technology transfer program described under section 430(d).''. (b) Office for Domestic Preparedness.--Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 238) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Technology, Equipment, and Information Transfer Program.-- ``(1) Administration.--The Director of the Office for Domestic Preparedness, in coordination with the Under Secretary for Science and Technology, shall establish and administer a technology transfer program through which the Director shall-- ``(A) make the counterterrorism technology, equipment, and information available to State and local law enforcement agencies each year based on-- ``(i) the comprehensive list of available technologies, equipment, and information described under section 313(c); and ``(ii) the needs identified by the advisory committee established under this subsection; ``(B) consult with State and local law enforcement agencies and others, as determined by the Secretary; ``(C) accept applications from the head of State and local law enforcement agencies that wish to acquire such technologies, equipment, and information to improve the homeland security capabilities of those agencies, and review these applications with the advisory committee established under this subsection; and ``(D) transfer the approved technology, equipment, and information and provide the appropriate training to the State or local law enforcement agencies to implement such technology, equipment, and information. ``(2) Technology transfer advisory committee.--Under the authority of section 871, the Secretary, acting through the Director of the Office for Domestic Preparedness, shall establish an advisory committee, or designate an existing advisory committee comprised of retired and active duty State and local law enforcement officers, to advise the Director of the Office for Domestic Preparedness and the Under Secretary for Science and Technology regarding the homeland security technology transfer program established under this subsection. ``(3) Expansion of program.--Upon the approval of the Secretary, the Director of the Office for Domestic Preparedness may expand the program established under this subsection to transfer technology, equipment, and information to first responders other than law enforcement agencies and revise the advisory committee accordingly. ``(4) Limitation on administration expenditure.--Not more than 10 percent of the budget of the technology, equipment, and information transfer program established under this subsection may be used for administrative expenses. ``(5) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for each of the fiscal years 2005 through 2014 to carry out this subsection.''. Passed the Senate February 4, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 1612 _______________________________________________________________________ AN ACT To establish a technology, equipment, and information transfer program within the Department of Homeland Security.

Homeland Security Technology Improvement Act of 2004 - Amends the Homeland Security Act of 2002 to include, as an element of the program to encourage technological innovation in facilitating the mission of the Department of Homeland Security, the establishment of a multi-agency homeland security technology, equipment, and information transfer program to allow for the transfer of technology, equipment, and information to State and local law enforcement agencies. Requires the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, in developing such program, to: (1) in close cooperation with the Office for Domestic Preparedness, conduct research and development of new technologies, surveys and reviews of available appropriate technologies, and tests, evaluations, and demonstrations of new and available technologies that significantly improve the capability of law enforcement agencies in countering terrorist threats; (2) in support of such activities, consult with State and local law enforcement agencies and others, work with the National Institute for Standards and Technology and any other office or agency, and enter into agreements and coordinate with other Federal agencies to maximize the effectiveness of the technologies, equipment, and information; and (3) provide a comprehensive list of available technologies, equipment, and information to the Office of Domestic Preparedness, which shall administer the technology transfer program. Requires the Director of the Office for Domestic Preparedness, in coordination with the Under Secretary, to: (1) make counterterrorism technology, equipment, and information available to State and local law enforcement agencies based on the list of available technologies, equipment, and information and the needs identified by the technology transfer advisory committee established by this Act; (2) consult with State and local law enforcement agencies; (3) accept applications from State and local law enforcement agencies that wish to acquire such technologies, equipment, and information to improve their homeland security capabilities and review such applications with the advisory committee; and (4) transfer the approved technology, equipment, and information and provide training to the State or local law enforcement agencies to implement such technology equipment, and information. Allows the Director, upon approval of the Secretary, to expand the program to first responders other than law enforcement agencies and to revise the advisory committee accordingly. Limits expenditures for administrative costs to ten percent of the program budget. Authorizes appropriations.

A bill to establish a technology, equipment, and information transfer within the Department of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waterfront Brownfields Revitalization Act''. SEC. 2. WATERFRONT BROWNFIELDS GRANT. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A) by striking ``paragraphs (4) and (5)'' and inserting ``paragraphs (5) and (6)''; (3) by inserting after paragraph (3) the following: ``(4) Grants for waterfront brownfields revitalization.-- ``(A) In general.--Subject to paragraphs (5) and (6), the President shall establish a program to provide grants to eligible entities or nonprofit organizations to be used at one or more waterfront brownfields sites. ``(B) Use of funds.--Such grants may be used for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse. ``(C) Waterfront brownfields site defined.--In this section, the term `waterfront brownfields site' means a brownfields site any part of which is adjacent to a body of water.''; (4) in paragraph (5)(A) (as redesignated by paragraph (1) of this section) by inserting after clause (ii) the following: ``(iii) Waterfront brownfields revitalization.--A grant made to an eligible entity or nonprofit organization under paragraph (4) may not exceed $500,000.''; (5) in paragraph (7)(A) (as redesignated by paragraph (1) of this section) by inserting ``waterfront brownfields revitalization,'' after ``community involvement,''; and (6) by striking paragraph (13) (as redesignated by paragraph (1) of this section) and inserting the following: ``(13) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $220,000,000 for each of fiscal years 2010 through 2014. ``(B) Use of certain funds.--Of the amounts made available under subparagraph (A) for a fiscal year $55,000,000, or, if the amount made available is less than $220,000,000, 25 percent of the amount made available, shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II). ``(C) Waterfront brownfields revitalization.--There are authorized to be appropriated such sums as may be necessary for waterfront brownfields revitalization grants under paragraph (4).''. SEC. 3. TASK FORCE. (a) Establishment.--The Administrator of the Environmental Protection Agency shall establish and serve as chairperson of a task force on waterfront brownfields revitalization. (b) Membership.--Members of the task force shall include representatives who have expertise in waterfronts or brownfields revitalization, including representatives from the following: (1) The Environmental Protection Agency. (2) The National Oceanographic and Atmospheric Administration. (3) The Army Corps of Engineers. (4) The Department of Transportation. (5) The Department of Housing and Urban Development. (6) The Economic Development Administration. (7) The United States Fish and Wildlife Service. (8) State and local governments. (9) Community-based organizations and other interested parties. (10) Any additional entities the Administrator chooses to include. (c) Duties.--The task force shall identify-- (1) current and potential funding and technical assistance resources for waterfront brownfields revitalization; (2) barriers to and solutions for waterfront brownfields revitalization; and (3) methods to coordinate interagency efforts for waterfront brownfields revitalization. (d) Report.--Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report detailing the findings of the task force on improving waterfront brownfields revitalization. SEC. 4. ANNUAL REPORT. (a) In General.--The Administrator of the Environmental Protection Agency shall submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives an annual report on the implementation of the brownfield site characterization and assessment grant program authorized by section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)). (b) Committee Hearings on Annual Report.-- (1) In general.--During each year, the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives shall each hold a hearing on the annual report submitted by the Administrator under subsection (a). (2) Exercise of rulemaking authority.--The provisions of paragraph (1) are enacted-- (A) as an exercise of the rulemaking power of the House of Representatives, and, as such, they shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House.

Waterfront Brownfields Revitalization Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to establish a grant program for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse. Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide training, research, and technical assistance to individuals and organizations to facilitate waterfront brownfields revitalization. Authorizes funding for brownfields revitalization for FY2010-FY2014. Requires the Administrator to establish and serve as chairperson of a task force on waterfront brownfields revitalization that shall identify: (1) funding and technical assistance resources for such revitalization; (2) barriers to and solutions for revitalization; and (3) methods to coordinate interagency revitalization efforts. Directs: (1) the Administrator to submit to specified congressional committees an annual report on the implementation of the brownfield site characterization and assessment grant program authorized by CERCLA; and (2) such committees to hold hearings each year on such report.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide grants for the revitalization of waterfront brownfields, and for other purposes.

SECTION 1. ELIMINATION OF QUOTA AND PRICE SUPPORT PROGRAMS FOR PEANUTS. (a) In General.--Notwithstanding any other provision of law, the Secretary of Agriculture and the Commodity Credit Corporation may not provide loans, purchases, payments, or other operations or take any other action to support the price, or adjust or control the production, of peanuts by using the funds of the Commodity Credit Corporation or under the authority of any law. (b) Marketing Quotas.-- (1) In general.--Part VI of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is repealed. (2) Conforming amendments.-- (A) Definitions.--Section 301(b) of the Act (7 U.S.C. 1301(b)) is amended-- (i) in paragraph (3)(A), by striking ``corn, rice, and peanuts'' and inserting ``corn and rice''; (ii) in paragraph (6), by striking subparagraph (C); (iii) in paragraph (10)(A)-- (I) by striking ``wheat, and peanuts'' and inserting ``and wheat''; and (II) by striking ``; 20 per centum in the case of wheat; and 15 per centum in the case of peanuts'' and inserting ``; and 20 percent in the case of wheat''; (iv) in paragraph (13)-- (I) by striking subparagraphs (B) and (C); and (II) in subparagraph (G), by striking ``or peanuts'' both places it appears; and (v) in paragraph (16)(A), by striking ``rice, and peanuts'' and inserting ``and rice''. (B) Administrative provisions.--Section 361 of the Act (7 U.S.C. 1361) is amended by striking ``peanuts,''. (C) Adjustment of quotas.--Section 371 of the Act (7 U.S.C. 1371) is amended-- (i) in the first sentence of subsection (a), by striking ``peanuts,''; and (ii) in the first sentence of subsection (b), by striking ``peanuts''. (D) Reports and records.--Section 373 of the Act (7 U.S.C. 1373) is amended-- (i) in subsection (a), by striking the first sentence and inserting the following new sentence: ``This subsection shall apply to warehousemen, processors, and common carriers of corn, wheat, cotton, rice, or tobacco, and all ginners of cotton, all persons engaged in the business of purchasing corn, wheat, cotton, rice, or tobacco from producers, and all persons engaged in the business of redrying, prizing, or stemming tobacco for producers.''; and (ii) in subsection (b), by striking ``peanuts,''. (E) Regulations.--Section 375(a) of the Act (7 U.S.C. 1375(a)) is amended by striking ``peanuts,''. (F) Eminent domain.--The first sentence of section 378(c) of the Act (7 U.S.C. 1378(c)) is amended by striking ``cotton, tobacco, and peanuts,'' and inserting ``cotton and tobacco,''. (c) Price Support Program.-- (1) Permanent price support.--Section 101(b) of the Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended by striking ``and peanuts''. (2) Temporary price support.--Sections 108, 108A, and 108B of the Act (7 U.S.C. 1445c through 1445c-3) are repealed. (3) Conforming amendments.-- (A) Section 301 of the Act (7 U.S.C. 1447) is amended by inserting after ``nonbasic agricultural commodity'' the following: ``(other than peanuts)''. (B) Section 408(c) of the Act (7 U.S.C. 1428(c)) is amended by striking ``peanuts,''. (C) Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting after ``agricultural commodities'' the following: ``(other than peanuts)''. (c) Liability.--A provision of this section or an amendment made by this section shall not affect the liability of any person under any provision of law as in effect before the application of the provision of this section or the amendment in accordance with subsection (d). (d) Application.--This section and the amendments made by this section shall apply beginning with the 1996 crop of peanuts.

Amends the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949 to repeal respective peanut quota and price support programs.

A bill to eliminate the quota and price support programs for peanuts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get Foreign Money Out of U.S. Elections Act''. SEC. 2. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN NATIONALS TO DOMESTIC CORPORATIONS THAT ARE FOREIGN- CONTROLLED, FOREIGN-INFLUENCED, AND FOREIGN-OWNED. (a) Application of Ban.--Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) any corporation which is not a foreign national described in paragraph (1) and-- ``(A) in which a foreign national described in paragraph (1) or (2) directly or indirectly owns or controls-- ``(i) 5 percent or more of the voting shares, if the foreign national is a foreign country, a foreign government official, or a corporation principally owned or controlled by a foreign country or foreign government official; or ``(ii) 20 percent or more of the voting shares, if the foreign national is not described in clause (i); ``(B) in which two or more foreign nationals described in paragraph (1) or (2), each of whom owns or controls at least 5 percent of the voting shares, directly or indirectly own or control 50 percent or more of the voting shares; ``(C) over which one or more foreign nationals described in paragraph (1) or (2) has the power to direct, dictate, or control the decisionmaking process of the corporation with respect to its interests in the United States; or ``(D) over which one or more foreign nationals described in paragraph (1) or (2) has the power to direct, dictate, or control the decisionmaking process of the corporation with respect to activities in connection with a Federal, State, or local election, including-- ``(i) the making of a contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)); or ``(ii) the administration of a political committee established or maintained by the corporation.''. (b) Certification of Compliance.--Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection: ``(c) Certification of Compliance Required Prior to Carrying Out Activity.--Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation during a year, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation), shall file a certification with the Commission, under penalty of perjury, that the corporation is not prohibited from carrying out such activity under subsection (b)(3), unless the chief executive officer has previously filed such a certification during the year.''. (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 3. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN DISBURSEMENTS AND ACTIVITIES. (a) Application to Disbursements to Super PACs.--Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon and inserting the following: ``, including any disbursement to a political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions);''. (b) Conditions Under Which Corporate PACs May Make Contributions and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph: ``(8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the year the fund has certified to the Commission the following during the year: ``(A) Each individual who manages the fund, and who is responsible for exercising the decisionmaking authority of the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States. ``(B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act. ``(C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund. ``(D) Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities.''.

Get Foreign Money Out of U.S. Elections Act This bill amends the Federal Election Campaign Act of 1971 (FECA) to ban campaign contributions and expenditures by corporations that are controlled, influenced, or owned by foreign nationals. Foreign nationals and such corporations may not make disbursements to political committees that accept donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of FECA. Corporate political action committees may make contributions and expenditures only if they comply with limitations on the involvement of foreign nationals and such corporations.

Get Foreign Money Out of U.S. Elections Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Can You Hear Me Now Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) After two terrorist attacks it is time to fix the communications system for the New York City Fire Department. (2) During its response to the 1993 bombing of the World Trade Center in New York City, the New York City Fire Department's radios did not work in the twin towers of the World Trade Center. The resulting lack of communication complicated operations but did not result in the death of any firefighter. (3) Eight years later, on September 11, 2001, the World Trade Center was attacked again and the fire department's radio system failed again. (4) Soon before the collapse of Tower One of the World Trade Center, fire department officials tried in vain to radio firefighters to evacuate the building. (5) The firefighters' radio system failed the firefighters in Tower One and as a result many were not able to receive this warning. The failure of the radio system was largely responsible for the death of many of the 343 firefighters who died in the collapse of the World Trade Center twin towers. (6) Since September 11, 2001, the fire department has taken steps to improve the communications system that failed them. However, many tall buildings in New York City have not installed repeaters that are needed to boost signals, and the signals are often lost in high-rise buildings and underground. (7) In August 2003, New York City experienced a blackout. During the blackout the fire department's radio system was again found not to work reliably during emergency situations or in high buildings. (8) The dispatch system currently used by the New York City Fire Department was acquired in the early 1970s and hampers the ability of the department to fully communicate with its firefighters and provide appropriate detailed information about the buildings and locations to which they respond. (9) Since the terrorist attacks of September 11, 2001, executive branch officials have repeatedly warned that future terror attacks are not a matter of if, but when. The Secretary of Homeland Security has identified New York City as one of the main terrorist targets. (10) With New York City remaining a top terrorist target, such communications system should be a national priority. (11) A new state-of-the-art communications system and upgrades to the critical information dispatch system for the New York City Fire Department should be-- (A) seamless from the receipt of a 911 call to the dispatch of the firefighter; and (B) interoperable with other public safety offices within the City of New York. SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS SYSTEM FOR NEW YORK CITY FIRE DEPARTMENT. (a) In General.--The Secretary of Homeland Security shall, by not later than 1 year after the date of the enactment of this Act, procure development and provision of a communications system for the New York City Fire Department, including appropriate radios for the entire department and upgrades to the critical information dispatch system of the department. (b) Requirements.-- (1) Radios.--Radios procured pursuant to this section must be capable of operating in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (2) Supplemental communication device.--Any communications system procured pursuant to this section must include provision to each firefighter of a supplemental radio communication device that-- (A) allows the firefighter to transmit audio and radio emergency notification warning signals to other firefighters whenever the firefighter is in distress and in immediate need of assistance; and (B) has the capability to operate automatically in a passive mode by transmitting audio and radio messages that will relay the firefighter's identification and location if the firefighter-- (i) becomes incapacitated and motionless; and (ii) is unable to physically transmit a call for help. (3) Dispatch system.--Upgrades to the critical information dispatch system procured pursuant to this section must-- (A) allow the fire department to communicate with firefighters in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City, including all high-rise buildings and subways; (B) provide useful, detailed data concerning all likely terrorist target locations in the City of New York; and (C) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist them in making decisions about how to mitigate a terrorist attack and save lives and property. (c) Testing.--Radios, any dispatch system upgrades, and supplemental communication devices procured pursuant to this section must have been tested to ensure they will operate in all locations and under all conditions in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (d) Coordination.--In carrying out this section the Secretary shall coordinate with the City of New York to ensure that the communications system procured under this section is-- (1) compatible with the plans of the City of New York to upgrade its 911 system; and (2) interoperable with other public safety communications systems. (e) Progress Report.--The Secretary shall submit to the Congress a report on progress made in carrying out this section, on-- (1) February 26, 2008; and (2) September 11, 2008.

9/11 Can You Hear Me Now Act - Directs the Secretary of Homeland Security to procure development and provision of a communications system for the New York City Fire Department, including appropriate radios and upgrades to the Department's critical information dispatch system that allow communication in all locations and under all conditions in which firefighters can reasonably be expected to work, including all high-rise buildings and subways. Directs that any communications system procured include provision to each firefighter of a supplemental radio communication device that: (1) allows the firefighter to transmit emergency notification warning signals to other firefighters; and (2) has the capability to operate automatically by transmitting messages that will relay an incapacitated firefighter's identification and location. Requires that upgrades procured: (1) provide useful, detailed data concerning all likely terrorist target locations in the city; and (2) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist in making decisions about how to mitigate a terrorist attack. Requires that: (1) radios, any dispatch system upgrades, and supplemental communication devices procured be tested; and (2) the Secretary coordinate with the city to ensure that the communications system procured is compatible with city plans to upgrade its 911 system and interoperable with other public safety communications systems.

To direct the Secretary of Homeland Security to procure the development and provision of improved and up-to-date communications equipment for the New York City Fire Department, including radios.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oncology Care Quality Improvement Act of 2009''. SEC. 2. ONCOLOGY CARE QUALITY IMPROVEMENT PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a pilot program (in this section referred to as the ``OCQI program'') under title XVIII of the Social Security Act to evaluate the impact of three provider-led approaches described in subsection (b) to improve care quality and outcomes for Medicare beneficiaries with cancer while addressing care cost drivers by creating greater efficiencies in the program. (b) Approaches Described.--The approaches described in this subsection are the following approaches to the delivery of oncology care: (1) Evidence-based guideline adherence.--Reducing variation in care through adherence to evidence-based guidelines that improves quality and reduces error. (2) Patient education and care coordination services.-- Providing patients with-- (A) dedicated educational sessions about the likely effects of their cancers and treatments and how to manage those prior to initiation of treatment, preferably from an oncology nurse; and (B) continuous support throughout their course of care. (3) End-of-life planning and counseling services.-- Providing patients with poor prognoses with end-of-life planning and counseling services with their physicians and nurses in order to empower such patients and their families with the best information available about their options to assist such patients and families in making difficult choices between pursuing potentially ineffective aggressive medical treatments or pursuing hospice care or other palliative care to improve quality of life in their final months. (c) Description.-- (1) In general.--The OCQI program shall be designed in a manner similar to that for the physician group practice demonstration program under section 1866A of the Social Security Act (42 U.S.C. 1395cc-1) and shall provide performance payments to participating oncology groups that implement each of the approaches described in subsection (b) equal to one-half of the program savings generated by the participating group. The other half of program savings shall be retained by the Medicare program. (2) Expenditure targets.--Under the OCQI program, the Secretary shall establish per capita expenditure targets for participating oncology groups, taking into account the risk characteristics of the patients involved. Those groups that meet the performance goals established by the Secretary and achieve program savings against the expenditure targets shall receive performance payments described in paragraph (1). (3) Limitation on number of participating groups.--The Secretary shall limit the number of groups that may participate in the OCQI program to no more than 75 groups at any time. (4) Limitation on duration.--The OCQI program shall be conducted over a 3-year period. (5) Limitation on patient selection.--The Secretary shall prohibit groups participating in the OCQI program from selecting the individual patients to be included in the program. (6) Penalties to prevent reductions in services.--The Secretary may impose penalties on those groups participating in the OCQI program that the Secretary determines have inappropriately reduced cancer therapies, including supportive care therapies (basing their determination on existing evidence based, medically accurate guidelines). Any such penalties shall be in the form of reductions to performance payments payable to the groups under paragraph (1). (d) Advisory Committee; Evaluation.-- (1) In general.--The Secretary shall appoint an advisory committee composed of representatives of the oncology community, including organizations representing physicians, nurses, and patients, and industry representatives, to collaborate with the Secretary on the creation and implementation of the OCQI program, including the development of appropriate expenditure targets, and to help analyze the data generated by the OCQI program. The advisory committee shall specifically advise the Secretary on the methods for selecting practices in different regions of the United States to particiapte in the OCQI program. (2) Evaluation.--In consultation with the advisory committee, Secretary shall evaluate the OCQI program to-- (A) assess patient outcomes for patients participating in the program as compared to such outcomes to other individuals for the same health conditions; (B) analyze the cost effectiveness of the services for which performance payments are made under the program, including an evaluation of the cost savings to the Medicare program attributable to reductions in physicians' services, emergency room visits, hospital stays, drug costs, advanced imaging costs, and end-of- life care; (C) determine the satisfaction of patients participating in the program; and (D) refine the appropriate level and proportion of the specific performance payments among the three performance components of the program. (e) Implementation.--If the Secretary determines that the OCQI program has been successful in improving care quality while lowering the rate of growth of Medicare program expenditures, the Secretary is authorized to include payments for the specific services paid under the OCQI program as performance payments as permanent, covered services under the Medicare program.

Oncology Care Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a pilot program of oncology care quality improvement (OCQI) under title XVIII (Medicare) of the Social Security Act to evaluate the impact of three provider-led approaches to improve the care quality and outcome for Medicare beneficiaries with cancer while addressing care cost drivers by creating greater efficiencies in the program. Specifies the three provider-led approaches as: (1) evidence-based guideline adherence; (2) patient education and care coordination services; and (3) end-of-life planning and counseling services. Directs the Secretary to appoint an advisory committee to collaborate with the Secretary on the creation and implementation of the OCQI program.

To provide for a pilot program to improve the quality of oncology care under Medicare.

SECTION 1. DISABILITY COMPENSATION. Section 1114 of title 38, United States Code, is amended-- (1) by striking out ``$83'' in subsection (a) and inserting in lieu thereof ``$85''; (2) by striking out ``$157'' in subsection (b) and inserting in lieu thereof ``$162''; (3) by striking out ``$240'' in subsection (c) and inserting in lieu thereof ``$247''; (4) by striking out ``$342'' in subsection (d) and inserting in lieu thereof ``$352''; (5) by striking out ``$487'' in subsection (e) and inserting in lieu thereof ``$502''; (6) by striking out ``$614'' in subsection (f) and inserting in lieu thereof ``$632''; (7) by striking out ``$776'' in subsection (g) and inserting in lieu thereof ``$799''; (8) by striking out ``$897'' in subsection (h) and inserting in lieu thereof ``$924''; (9) by striking out ``$1,010'' in subsection (i) and inserting in lieu thereof ``$1,040''; (10) by striking out ``$1,680'' in subsection (j) and inserting in lieu thereof ``$1,730''; (11) by striking out ``$2,089'', ``$68'', and ``$2,927'' in subsection (k) and inserting in lieu thereof ``$2,152'', ``$70'', and ``$3,015'', respectively; (12) by striking out ``$2,089'' in subsection (l) and inserting in lieu thereof ``$2,152''; (13) by striking out ``$2,302'' in subsection (m) and inserting in lieu thereof ``$2,371''; (14) by striking out ``$2,619'' in subsection (n) and inserting in lieu thereof ``$2,698''; (15) by striking out ``$2,927'' each place it appears in subsections (o) and (p) and inserting in lieu thereof ``$3,015''; (16) by striking out ``$1,257'' and ``$1,872'' in subsection (r) and inserting in lieu thereof ``$1,295'' and ``$1,928'', respectively; and (17) by striking out ``$1,879'' in subsection (s) and inserting in lieu thereof ``$1,935''. SEC. 2. ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) of title 38, United States Code, is amended-- (1) by striking out ``$100'' in subparagraph (A) and inserting in lieu thereof ``$103''; (2) by striking out ``$169'' and ``$52'' in subparagraph (B) and inserting in lieu thereof ``$174'' and ``$54'', respectively; (3) by striking out ``$69'' and ``$52'' in subparagraph (C) and inserting in lieu thereof ``$71'' and ``$54'', respectively; (4) by striking out ``$80'' in subparagraph (D) and inserting in lieu thereof ``$82''; (5) by striking out ``$185'' in subparagraph (E) and inserting in lieu thereof ``$191''; and (6) by striking out ``$155'' in subparagraph (F) and inserting in lieu thereof ``$160''. SEC. 3. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 of title 38, United States Code, is amended by striking out ``$452'' and inserting in lieu thereof ``$466.'' SEC. 4. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. Section 1311 of title 38, United States Code, is amended-- (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: Monthly Monthly ``Pay grade rate Pay grade rate E-1................. $634 W-4..................... $911 E-2................. 654 O-1..................... 803 E-3................. 672 O-2..................... 829 E-4................. 714 O-3..................... 888 E-5................. 732 O-4..................... 939 E-6................. 749 O-5..................... 1,035 E-7................. 785 O-6..................... 1,168 E-8................. 829 O-7..................... 1,262 E-9................. \1\866 O-8..................... 1,383 W-1................. 803 O-9..................... 1,483 W-2................. 835 O-10.................... \2\1,627 W-3................. 860 ``\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $934. ``\2\If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,744.''; (2) by striking out ``$185'' in subsection (c) and inserting in lieu thereof ``$191''; and (3) by striking out ``$90'' in subsection (d) and inserting in lieu thereof ``$93''. SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) of title 38, United States Code, is amended-- (1) by striking out ``$310'' in paragraph (1) and inserting in lieu thereof ``$319''; (2) by striking out ``$447'' in paragraph (2) and inserting in lieu thereof ``$460''; (3) by striking out ``$578'' in paragraph (3) and inserting in lieu thereof ``$595''; and (4) by striking out ``$578'' and ``$114'' in paragraph (4) and inserting in lieu thereof ``$595'' and ``$117'', respectively. (b) Supplemental DIC for Disabled Adult Children.--Section 1314 of such title is amended-- (1) by striking out ``$185'' in subsection (a) and inserting in lieu thereof ``$191''; (2) by striking out ``$310'' in subsection (b) and inserting in lieu thereof ``$319''; and (3) by striking out ``$157'' in subsection (c) and inserting in lieu thereof ``$162''. SEC. 6. TECHNICAL CORRECTION RELATING TO THE FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8) or 3712(a)(1)(F) of this title, discount''.

Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Makes a technical correction relating to the financing of discount points for certain veterans' loans. Deletes the requirement that adjustments in adjustable rate mortgages guaranteed to veterans by the Department of Veterans Affairs occur on the anniversary of the date on which the loan was closed.

A bill to amend title 38, United States Code, to codify the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of such veterans as such rates took effect of December 1, 1992, and to make a technical correction relating to the financing of discount points for certain veterans loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Contracting Oversight and Reform Act of 2010''. SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. SEC. 3. CONGRESSIONAL OVERSIGHT. Section 872(e)(1) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417; 41 U.S.C. 417b(e)(1)) is amended by striking ``to the Chairman and Ranking Member of the committees of Congress having jurisdiction'' and inserting ``to any Member of Congress''. SEC. 4. COMPLIANCE. (a) Self-Reporting Requirement.--Section 872(f) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110- 417; 41 U.S.C. 417b(f) is amended to read as follows: ``(f) Self-Reporting Requirement.-- ``(1) Contracts in excess of simplified acquisition threshold.--No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of the simplified acquisition threshold unless the contractor has first made the certifications set forth in section 52.209-5 of the Federal Acquisition Regulation. ``(2) Contracts in excess of $500,000.--No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of $500,000 unless the contractor-- ``(A) certifies that the contractor has submitted to the Administrator the information required under subsection (c) and that such information is current as of the date of such certification; or ``(B) certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000.''. (b) Periodic Inspection or Review of Contract Files.--Section 872(e)(2) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417; 41 U.S.C. 417b(e)(2)) is amended by adding at the end the following new subparagraph: ``(C) Periodic inspection or review.--The Inspector General of each Federal agency shall periodically-- ``(i) conduct an inspection or review of the contract files required under subparagraph (B) to determine if the agency is providing appropriate consideration of the information included in the database created pursuant to subsection (c); and ``(ii) submit a report containing the results of the inspection or review conducted under clause (i) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.''. (c) Annual Report.--The Comptroller General of the United States shall annually submit a report to the appropriate congressional committees describing the extent to which suspended or debarred contractors on the Excluded Parties List System-- (1) are identified as having received Federal contracts on USAspending.gov; or (2) were granted waivers from Federal agencies from suspension or debarment for purposes of entering into Federal contracts. SEC. 5. CONSOLIDATION OF CONTRACTING INFORMATION DATABASES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the appropriate congressional committees a plan for integrating and consolidating existing contracting information databases, including the databases set forth in subsection (b), into a single searchable and linked network. (b) Included Databases.--The single network described in subsection (a) shall include information from all relevant contracting information databases, including-- (1) the Excluded Parties List System (EPLS); (2) the Central Contractor Registry (CCR); (3) the Contractor Performance Assessment Reporting System (CPARS); (4) the Federal Assistance Award Data System (FAADS); (5) the Federal Awardee Performance and Integrity Information System (FAPIIS); (6) the Federal Business Opportunities Database (FBO); (7) the Federal Procurement Data System-Next Generation (FPDS-NG); (8) the Past Performance Information Retrieval System (PPIRS); and (9) USAspending.gov. SEC. 6. UNIQUE IDENTIFYING NUMBER. (a) Study.--The Inspector General of the General Services Administration shall conduct a study on the use of identifying numbers for Federal contractors to-- (1) determine if the system of contractor identifying numbers in use as of the date of the enactment of this Act is adequately tracking Federal contractors; (2) assess the feasibility of developing and adopting a new unique Federal contractor identification system; and (3) determine whether such a system would more effectively track Federal contractors. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). SEC. 7. DATABASE SCOPE. Section 872(c) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417; 41 U.S.C. 417(c)) is amended-- (1) in the matter preceding paragraph (1), by striking ``5- year period'' and inserting ``10-year period''; and (2) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``with the Federal Government''; (B) in subparagraph (C), by striking ``In an administrative proceeding, a finding of fault and liability'' and inserting ``An administrative proceeding''; and (C) in subparagraph (D), by striking ``with an acknowledgment of fault by the person''.

Federal Contracting Oversight and Reform Act of 2010 - Amends the Clean Contracting Act of 2008 to: (1) require the Administrator of General Services (GSA) to ensure that the information in the database of information regarding the integrity and performance of persons awarded federal contracts and grants is available to any Member of Congress (currently, limited to the Chairman and Ranking Member of the committees having jurisdiction); and (2) expand the scope of the database, including doubling the period of coverage. Prohibits funds appropriated or otherwise made available by any Act from being used for any federal contract for the procurement of property or services in excess of: (1) the simplified acquisition threshold unless the contractor has first made the certifications set forth in the Federal Acquisition Regulation regarding debarment, suspension, proposed debarment, and other responsibility matters; and (2) $500,000 unless the contractor certifies that he or she has submitted to the Administrator specified required information and that such information is current as of the date of the certification, or that the contractor has cumulative active federal contracts and grants valued at less than $10 million. Requires the Inspector General of each federal agency to periodically: (1) conduct an inspection or review of required contract files to determine if the agency is providing appropriate consideration of the information included in the database; and (2) report to Congress on the results of the inspection or review. Requires the Comptroller General to annually report on the extent to which suspended or debarred contractors on the Excluded Parties List System are identified as having received contracts on USAspending.gov or were granted waivers from suspension or debarment. Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress a plan for integrating and consolidating specified existing contracting information databases into a single searchable and linked network; and (2) the Inspector General of GSA to conduct a study on the use of identifying numbers for federal contractors.

A bill to improve the management and oversight of Federal contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Veterans Access to Quality Care Act of 2017''. SEC. 2. EXPANSION OF AVAILABILITY OF PROSTHETIC AND ORTHOTIC CARE FOR VETERANS. (a) Establishment or Expansion of Advanced Degree Programs To Expand Availability of Care.--The Secretary of Veterans Affairs shall work with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans. (b) Report.-- (1) In general.--Not later than one year after the effective date specified in subsection (d), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth a plan for carrying out subsection (a). (2) Development of plan.--The Secretary shall develop the plan required under paragraph (1) in consultation with veterans service organizations, institutions of higher education with accredited degree programs in prosthetics and orthotics, and representatives of the prosthetics and orthotics field. (c) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated for fiscal year 2017 for the Department of Veterans Affairs, $5,000,000 to carry out this section. (2) Availability.--The amount authorized to be appropriated by paragraph (1) shall remain available for expenditure until September 30, 2020. (d) Effective Date.--This section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Full Practice Authority.--The Secretary of Veterans Affairs shall provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed health care professionals of the Department of Veterans Affairs as is consistent with the education, training, and certification of such health care professionals. (b) Inapplicability of State Limitations.--Full practice authority shall be provided by the Secretary under subsection (a) to health care professionals described in that subsection without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a licensing or credentialing body of a State or otherwise under State law. (c) Definitions.--In this section: (1) The term ``advanced practice registered nurse'' has the meaning given that term in section 5509(e)(1) of Public Law 111-148 (42 U.S.C. 1395ww note). (2) The term ``full practice authority'' means-- (A) with respect to an advanced practice registered nurse, the full scope of practice for the area of nursing practiced by the advanced practice registered nurse as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of nursing; (B) with respect to a physician assistant, the full scope of practice for the area of medicine practiced by the physician assistant as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine; and (C) with respect to any other licensed health care professional not specified in subparagraph (A) or (B), the full scope of practice for the area of medicine practiced by the licensed health care professional as determined by the national professional association or organization, a successor association or organization, or any other appropriate entity as determined by the Secretary for such area of medicine. (3) The term ``physician assistant'' has the meaning given that term in section 1861(aa)(5)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(5)(A)). SEC. 4. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA FROM SECRETARY OF DEFENSE TO SECRETARY OF VETERANS AFFAIRS. (a) In General.--In a case in which the Secretary of Veterans Affairs hires a covered health care provider, the Secretary of Defense shall, after receiving a request from the Secretary of Veterans Affairs for the credentialing data of the Secretary of Defense relating to such health care provider, transfer to the Secretary of Veterans Affairs such credentialing data. (b) Covered Health Care Providers.--For purposes of this section, a covered provider is a health care provider who-- (1) is or was employed by the Secretary of Defense; (2) provides or provided health care related services as part of such employment; and (3) was credentialed by the Secretary of Defense. (c) Policies and Regulations.--The Secretary of Veterans Affairs and the Secretary of Defense shall establish such policies and promulgate such regulations as may be necessary to carry out this section. (d) Credentialing Defined.--In this section, the term ``credentialing'' means the systematic process of screening and evaluating qualifications and other credentials, including licensure, required education, relevant training and experience, and current competence and health status. (e) Effective Date.--This section shall take effect on the date that is one year after the date of the enactment of this Act.

Improving Veterans Access to Quality Care Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: (1) develop a plan for working with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as is consistent with the education, training, and certification of such professionals without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a state licensing or credentialing body. The Department of Defense (DOD) must transfer to the VA upon request the credentialing data of a DOD health care provider who is hired by the VA.

Improving Veterans Access to Quality Care Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying Redress and Verified Enforcement Act'' or the ``BRAVE Act''. SEC. 2. REPORTING REQUIREMENTS. Title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by inserting after section 9534 the following: ``SEC. 9534A. BULLYING. ``(a) Official Reporting Requirements.-- ``(1) Report of bullying.-- ``(A) In general.--Subject to subparagraph (B), a local educational agency shall require an employee of the local educational agency who becomes aware of bullying to report to the individual designated under paragraph (2) by not later than 7 business days after becoming aware of such bullying a description of-- ``(i) the acts that constituted bullying; ``(ii) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, such protected characteristic; and ``(iii) the response to such bullying by employees of the local educational agency. ``(B) Exception.--Notwithstanding subparagraph (A), in the case of an employee of a local educational agency who is informed of bullying by a student attending a school served by the local educational agency, but the student requests that such bullying not be reported by the employee, the employee shall not be required to report such bullying under subparagraph (A). ``(2) Receipt of reports.--A local educational agency shall designate an individual to receive reports of bullying and shall inform each employee of the local educational agency of the contact information of the individual so designated. ``(3) Reporting to the local educational agency.--Not later than 60 days after the date of the receipt of a report under paragraph (1), the individual designated under paragraph (2) shall inform all employees of the local educational agency of the acts described and the response by employees of the local educational agency and shall exclude any personally identifiable information of any student involved. ``(4) Publicly available quarterly reports.-- ``(A) In general.--Subject to subparagraph (B), a local educational agency shall publish and make available to all students served by the local educational agency and parents of such students a report on a quarterly basis that-- ``(i) summarizes the bullying reported since the previous quarterly report; ``(ii) summarizes the responses by employees of the local educational agency to such bullying; ``(iii) excludes any personally identifiable information of any student involved; and ``(iv) informs the public of the right to file a complaint under subsection (b)(2). ``(B) Exception.--A local educational agency shall not publish a report under subparagraph (A) in a case in which such publication would reveal personally identifiable information about an individual student. ``(5) Annual policy review.--Each local educational agency shall review, on an annual basis, the policies on bullying for schools served by the local educational agency. ``(b) Federal Enforcement.-- ``(1) Condition of federal funding.--As a condition of receiving funds under this Act, a local educational agency shall-- ``(A) annually certify to the Secretary in writing that such local educational agency has complied with this section; and ``(B) together with such certification, submit the 4 most recent quarterly reports published preceding such certification pursuant to subsection (a)(4). ``(2) Federal receipt of complaints.--The Assistant Secretary who serves as the head of the Office of Civil Rights for the Department of Education shall-- ``(A) establish a procedure for a student of a local educational agency, a parent of such student, or another appropriate individual to submit to the Assistant Secretary a complaint relating to a failure to comply with this section; and ``(B) publish such procedure on the Internet website of the Department of Education. ``(3) Federal response to complaints.--After receiving a complaint pursuant to paragraph (2), the Assistant Secretary shall-- ``(A) investigate such complaint to determine if a local educational agency failed to comply with this section; and ``(B) if such local educational agency is determined under subparagraph (A) to have failed to comply with this section-- ``(i) withhold further payment of funds under this Act to such local educational agency; ``(ii) issue a complaint to compel compliance of such local educational agency through a cease and desist order; or ``(iii) enter into a compliance agreement with such local educational agency to bring it into compliance with this section, in the same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. ``(4) Public availability of information about complaints.--Not later than 60 days after receiving a complaint pursuant to subsection (b)(2), the Assistant Secretary shall make available on the Internet website of the Department of Education information about such complaint, which shall-- ``(A) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, include a description of such protected characteristic; and ``(B) exclude any personally identifiable information of any student involved. ``(c) Definitions.--In this section: ``(1) Bullying.--The term `bullying' means any severe, pervasive, or persistent electronic, written, verbal, or physical act by one student or a group of students toward another student during school hours and on school premises, or at a school-sponsored activity outside of school hours, that causes-- ``(A) harm to or reasonable concern for the person, property, or mental health of such other student; or ``(B) such other student to withdraw from or avoid benefitting from the services, activities, or opportunities offered by the school. ``(2) Protected characteristic.--The term `protected characteristic' includes race, color, sex, religion, national origin, disability, gender, gender identity, and sexual orientation.''.

Bullying Redress and Verified Enforcement Act or the BRAVE Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require the employees of local educational agencies (LEAs) who become aware of bullying to report to an LEA-designated individual, within seven business days: (1) the acts that constituted bullying; (2) the protected characteristic of the victim if the bullying included a reference to or was motivated by such an actual or perceived protected characteristic; and (3) the response of the LEA's employees. Requires the LEA-designated individual, within 60 days after receiving such a report, to inform all the LEA's employees of the acts described and the response of the LEA's employees. Requires each LEA to annually review its policies on bullying. Directs each LEA to publish and make available to all of its students and their parents a quarterly report that: (1) summarizes the bullying reported since the previous quarterly report, (2) summarizes the responses to such bullying by the LEA's employees, (3) excludes any personally identifiable information of any student involved, and (4) informs the public of the right to file a complaint with the Office of Civil Rights for the Department of Education regarding the LEA's failure to comply with this Act's requirements. Directs the Assistant Secretary who heads the Office of Civil Rights to: (1) establish the complaint procedure and publish it on the Department's website; (2) investigate each complaint to determine if the LEA complied with this Act's requirements; (3) withhold ESEA funds from, issue a complaint against, or enter into a compliance agreement with a noncompliant LEA to bring it into compliance; and (4) make information about each complaint available on the Department's website. Conditions each LEA's receipt of ESEA funds on the LEA: (1) annually certifying to the Secretary of Education in writing that it is in compliance with this Act's requirements, and (2) submitting its four most recent quarterly reports on bullying.

BRAVE Act

SECTION 1. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES. Title I of the Indian Health Care Improvement Act (25 U.S.C. 1611 et seq.) is amended by adding at the end the following new section: ``SEC. 125. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES. ``(a) In General.--The Secretary shall pay a technical medical employee of the Service for such time as the technical medical employee is officially scheduled to be on call outside such technical medical employee's regular hours or on a holiday designated by Federal statute or Executive order for such time as the technical medical employee may be called back to work at a rate that is equal to 10 percent of the amount that is equal to one and \1/2\ times such technical medical employee's hourly rate of basic pay. ``(b) Technical Medical Employee.--For the purposes of this section, the term `technical medical employee' includes the following: ``(1) Medical technician.--An employee whose position is in the GS-0645 occupational series. Such a position may involve nonprofessional technical work in clinical (medical) laboratories such as performing tests and examinations in one or more areas of work (such as chemistry, blood banking, hematology, or microbiology) where the reports of findings of tests and examinations may be used by physicians in diagnosis, care and treatment of patients, or in support of medical research. The work may require a practical knowledge of the techniques of medical laboratory practice in one or more areas of clinical laboratory work (e.g., blood banking, chemistry, hematology, microbiology, and cytology) and of the chemistry, biology, and anatomy involved. ``(2) Medical technologist.--An employee whose position is in the GS-0644 occupational series. Such a position may involve one or more of the following: ``(A) Technical work subordinate to the work of pathologists or other physicians (or other professional employee) who make the final diagnostic examinations of specimens of human tissues or cell preparations). ``(B) Technician work in histopathology involving preparation of thin sections of tissue specimens including fixing, clear, infiltrating, embedding, sectioning, staining, and mounting. ``(C) Technician work in cytology involving preparation, staining, and examining microscopically specimens of body fluids, secretions, and exudiations from any part of the body to determine whether cellar structure is normal, atypical, or abnormal. ``(D) Work requiring a practical knowledge of the techniques of anatomical laboratory practice in one or both of the areas of laboratory work (i.e. histopathology and cytology) and of the chemistry, biology, and anatomy involved. ``(3) Diagnostic radiologic technologist or technician.--An employee whose position is in the GS-0647 occupational series. Such a position may involve one or more of the following: ``(A) Performing most routine diagnostic radiographic procedures under general supervision and gains experience in the performance of more difficult techniques and procedures by assisting higher grade technologists. ``(B) Operating radiographic equipment to produce x-ray films of chest, joints, feet, hands, long bones of arms and legs, and other routine views of other parts of the body. ``(C) Working with outpatients or ambulatory patients, positions patients, and sets technical factors in accordance with standardized procedures and techniques. ``(D) Performing a variety of difficult radiographic examinations. ``(E) Receiving patients, explaining method of procedure, positions patient, selecting and setting technical factors, setting up and adjusting accessory equipment required, and making exposures necessary for the requested procedure. ``(c) Modifications.--The Secretary shall carry out the intent of this section so that it applies to-- ``(1) subsequent or additional occupational series designations or redesignations; and ``(2) modified or additional employee descriptions as such modifications or additions are necessary to correspond with technological advancements. ``(d) Exception for Rate of On-Call Pay.--An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to section 5545 of title 5 on May 20, 1988, shall, as long as such employee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of-- ``(1) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or ``(2) the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a).''.

Amends the Indian Health Care Improvement Act to provide for certain technical medical employees of the Indian Health Service to be paid for such time as they are officially scheduled to be on call outside their regular hours or on a holiday for such time as they may be called back to work.

To amend the Indian Health Care Improvement Act to require that certain technical medical employees of the Indian Health Service be compensated for time during which they are required to be on-call.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission to Study the Culture and Glorification of Violence in America Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Presidential Commission to Study the Culture and Glorification of Violence in America (hereinafter the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the role of the media in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions, and recommend potential solutions (including recommendations for legislation and administrative action) to alleviate the problems of glorification of violence in the United States. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 22 members (hereinafter the ``members'') who shall be appointed as follows: (1) 10 members appointed by the President. (2) 3 members appointed by the majority leader of the House of Representatives. (3) 3 members appointed by the minority leader of the House of Representatives. (4) 3 members appointed by the majority leader of the Senate. (5) 3 members appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall have special knowledge of or experience in the issue of violence in America, and may include sociologists, psychologists, clergy, school counselors, law enforcement officials, victims of violence, and representatives from the media and the entertainment and gun industries. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (g) Quorum.--Nine members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect one member to act as the Chairperson of the Commission (hereinafter the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 5. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under subsection (c) or (e). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than one year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriations Acts.

Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Directs the Commission to: (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the media's role in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions and recommend potential solutions to alleviate the problems of glorification of violence in the United States.

Presidential Commission to Study the Culture and Glorification of Violence in America Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Courts Bail Reform Act''. SEC. 2. CONDITIONS ON DETENTION OF ALIENS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) in subsection (a)(2), by amending subparagraph (A) to read as follows: ``(A) bond containing conditions prescribed by the Secretary of Homeland Security; or''; (2) in subsection (c), by adding at the end the following: ``(3) Review of Initial Custody Determination.--An immigration judge may review the initial custody determination under this subsection to the extent permitted under subsection (f).''; and (3) by adding at the end the following: ``(f) Procedures for Custody Hearings.--For any alien taken into custody under any provision of this Act, with the exception of children being transferred to, or in, the custody of the Office of Refugee Resettlement of the Department of Health and Human Services, the following rules shall apply: ``(1) The Secretary of Homeland Security shall, without unnecessary delay and not later than 72 hours after the alien is taken into custody, file the Notice to Appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended, and serve such notice on the alien. ``(2) The Secretary shall immediately determine whether the alien shall remain in custody or be released and, without unnecessary delay and not later than 72 hours after the alien was taken into custody, serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond, if any. Except for aliens who the Secretary has determined are subject to subsection (c) or certified under section 236A, the Secretary may continue to detain the alien only if the Secretary determines by clear and convincing evidence that no conditions reasonably will assure the appearance of the alien as required and the safety of any other person and the community. ``(3) The Attorney General shall ensure the alien has the opportunity to appear before an immigration judge for a custody redetermination hearing promptly after personal service of the Secretary's custody decision. The immigration judge may, on the Secretary's motion and upon a showing of good cause, postpone a custody redetermination hearing for not more than 72 hours after personal service of the custody decision, except that in no case shall the hearing occur more than 6 days (including weekends and holidays) after the alien was taken into custody. ``(4) The immigration judge shall advise the alien of the right to postpone the custody redetermination hearing and shall, on the oral or written request of the individual, postpone the custody determination hearing for a period of not more than 14 days. ``(5) Except for aliens who the immigration judge has determined are subject to subsection (c) or certified under section 236A, the immigration judge shall review the custody determination de novo and may continue to detain the alien only if the Secretary demonstrates by clear and convincing evidence that no conditions reasonably will assure the appearance of the alien as required and the safety of any other person and the community. ``(6)(A) In making a custody determination, both the Secretary and the immigration judge shall order the release of the alien on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, unless the Secretary or the immigration judge determines that such release will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community. ``(B) If the Secretary or immigration judge determines that release under subparagraph (A) will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary or the immigration judge shall order the release of the alien subject to the least restrictive further condition, or combination of conditions, that the Secretary or immigration judge determines will reasonably assure the appearance of the alien as required and the safety of any other person and the community. Such conditions may include those specified under section 3142(c)(1)(B) of title 18, United States Code. ``(C) In determining whether to impose a bond as a condition of release, the Secretary or immigration judge shall consider the alien's financial ability to pay a bond and whether alternative conditions of supervision, alone or in combination with a lower bond amount, deposit bond, or property bond, will reasonably assure the appearance of the alien as required and the safety of any other person and the community. The Secretary or immigration judge may not impose a financial condition that results in the detention of the alien. ``(D) For aliens who the immigration judge has determined are subject to subsection (c), the immigration judge may review the custody determination, and consider alternatives to detention which maintain custody over the alien, if the immigration judge agrees the alien is not a danger to the community. ``(7) In the case of any alien remaining in custody after a custody determination, the Attorney General shall provide de novo custody redetermination hearings pursuant to paragraph (6) before an immigration judge every 90 days as long as the alien remains in custody. An alien may also obtain a de novo custody redetermination hearing at any time upon a showing of good cause. Good cause includes a showing that the alien has been unable to post the bond amount after having made good faith efforts to do so. ``(8) The Secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody.''.

Immigration Courts Bail Reform Act This bill amends the Immigration and Nationality Act to eliminate the minimum bond amount needed to release a detained alien. An immigration judge may review an initial custody determination for an adult alien, subject to specified rules, which include the following: the Department of Homeland Security (DHS) shall, within 72 hours, file the notice to appear or charging document with the appropriate immigration court and serve such notice on the detained alien; except for criminals or suspected terrorists, DHS may continue to detain an alien only if no conditions will reasonably assure the alien's appearance and the safety of any other person and the community; the Department of Justice shall ensure that an alien has the opportunity to promptly appear before an immigration judge for a custody redetermination hearing; except for criminals or suspected terrorists, an immigration judge shall review the custody determination de novo and may continue to detain the alien only if DHS demonstrates that no conditions will reasonably assure the alien's appearance and the community's safety; DHS and an immigration judge shall order an alien's release on personal recognizance or upon an unsecured appearance bond unless such release will not reasonably assure the alien's appearance or the community's safety; if DHS or an immigration judge determines that such release will not reasonably assure the alien's appearance or such safety, DHS or the immigration judge shall order the alien's release under the least restrictive conditions that will assure the alien's appearance and the community's safety; DHS or an immigration judge shall consider the alien's financial ability in determining whether to impose a bond as a condition of release; and DHS or an immigration judge may not impose a financial condition that results in an alien's detention.

Immigration Courts Bail Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping or Subsidy Offset Act of 1997''. SEC. 2. FINDINGS OF CONGRESS. The Congress finds that: (a) Consistent with our WTO rights, injurious dumping is to be condemned and that actionable subsidies which cause injury to domestic industries must be effectively neutralized. (b) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through false market signals. (c) The continued dumping or subsidization of imported product after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (d) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. (e) United States trade laws should be strengthened to see that the remedial purpose is achieved in fact. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Title VII of the Tariff Act of 1930 is amended by adding section 752: ``SEC. 752. CONTINUED DUMPING OR SUBSIDY OFFSET. ``(a) In General.--Whenever continued dumping or subsidization is found to exist by the administering authority under section 751(a) of this Act or by operation of law, any duties assessed shall be distributed to the affected domestic producers for qualifying expenditures on an annual basis. Such disbursement shall be known as the `continued dumping or subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) The term `affected domestic producer' means any manufacturer, producer, or worker representative that was a petitioner or interested party in support of the petition with respect to which an antidumping duty finding or order or countervailing duty order has been entered and remains in operation. Companies or businesses that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) The term `Commissioner' means the Commissioner of the United States Customs Service. ``(3) The term `Commission' means the United States International Trade Commission. ``(4) The term `qualifying expenditure' means expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the following categories: ``(i) plant; ``(ii) equipment; ``(iii) R&D; ``(iv) personnel training; ``(v) acquisition of technology; ``(vi) health care benefits to employees paid for by the employer; ``(vii) pension benefits to employees paid for by the employer; ``(viii) environmental equipment, training and/or technology. ``(c) Disbursement Procedures.--The Commissioner shall prescribe procedures for disbursement of the continued dumping or subsidies offset required by this section provided that disbursement shall occur for monies assessed during one fiscal year of the United States at the latest within sixty days after the beginning of the next fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and/or Countervailing Duties Assessed.-- ``(1) The Commission shall forward to the Commissioner within sixty days of the effective date of this section or within sixty days of the issuance of an antidumping or countervailing duty order after the effective date of this section a list of petitioners and those companies that indicate support of the petition by letter or through questionnaire response. Where no injury test was required or where the Commission's records do not permit an identification of those in support of a petition the Commission shall consult with the Department of Commerce to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by Commerce and sought vigorous enforcement of United States law. ``(2) The Commissioner shall publish in the Federal Register at least thirty days prior to the issuance of payments a notice of intention to distribute duty assessments, the list of companies eligible based on the list obtained from the Commission and shall request a certification from each recipient as to (a) desire to receive distribution, (b) continued eligibility as an affected domestic producer, and (c) the qualifying expenditures incurred since the issuance of the order for which distribution under this section has not previously been made. ``(3) The Commissioner shall distribute all funds (including all interest earned) from assessments received in the completed fiscal year to affected domestic producers based on the affirmative responses to subparagraph (2) on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Within fourteen days of the effective date of this provision for outstanding antidumping orders and findings or for outstanding countervailing duty orders or within fourteen days of the date an antidumping or countervailing duty order takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to that order or finding. ``(2) The Commissioner shall have deposited into the special accounts all antidumping or countervailing duties, including interest on such duties, that are assessed under the antidumping order or finding or the countervailing duty order with respect to which the account was established since the effective date of this section. ``(3) The monies in a special account shall be available for distribution to the extent of actual assessment (including interest). ``(4) Consistent with the requirements of paragraph (c), the Commissioner shall by regulation prescribe the time and manner in which distribution of funds from special accounts will be made. ``(5) The special accounts will remain in existence until all entries relating to an order which has been terminated are liquidated and duties assessed collected and the Commissioner has provided one last notice of opportunity to obtain distribution pursuant to paragraph (c). Amounts unclaimed within 90 days of the time of such final distribution shall be turned over to the general Treasury.'' (b) Effective Date.--The continued antidumping or subsidy offset will apply with regard to all assessments made on or after October 1, 1996, on outstanding antidumping findings or orders or countervailing duty orders.

Continued Dumping or Subsidy Offset Act of 1997 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training and-or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Continued Dumping or Subsidy Offset Act of 1997

SECTION 1. GEOTHERMAL HEAT PUMP TECHNOLOGY ACCELERATION PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) General services administration facility.-- (A) In general.--The term ``General Services Administration facility'' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility), that-- (i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government-- (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) Inclusion.--The term ``General Services Administration facility'' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy- consuming support systems of the buildings, structures, and facilities). (C) Exemption.--The Administrator may exempt from the definition of ``General Services Administration facility'' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)). (b) Establishment.-- (1) In general.--The Administrator shall establish a program to accelerate the use of geothermal heat pumps at General Services Administration facilities. (2) Requirements.--The program established under this subsection shall-- (A) ensure centralized responsibility for the coordination of geothermal heat pump recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified in subsection (c)(2)(B)(ii); and (C) establish methods to track the success of Federal departments and agencies with respect to that goal. (c) Accelerated Use of Geothermal Heat Pump Technologies.-- (1) Review.-- (A) In general.--As part of the program under this section, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of-- (i) current use of geothermal heat pump technologies in General Services Administration facilities; and (ii) the availability to managers of General Services Administration facilities of geothermal heat pumps. (B) Requirements.--The review under subparagraph (A) shall-- (i) examine the use of geothermal heat pumps by Federal agencies in General Services Administration facilities; and (ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify geothermal heat pump technology standards that could be used for all types of General Services Administration facilities. (2) Replacement.-- (A) In general.--As part of the program under this section, not later than 180 days after the date of enactment of this Act, the Administrator shall establish, using available appropriations, a geothermal heat pump technology acceleration program to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies in each General Services Administration facility. (B) Acceleration plan timetable.-- (i) In general.--To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable, including milestones for specific activities needed to replace existing heating and cooling technologies with geothermal heat pump technologies, to the maximum extent feasible (including at the maximum rate feasible), at each General Services Administration facility. (ii) Goal.--The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies by not later than the date that is 5 years after the date of enactment of this Act. (d) General Services Administration Facility Geothermal Heat Pump Technologies and Practices.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall-- (1) ensure that a manager responsible for accelerating the use of geothermal heat pump technologies is designated for each General Services Administration facility geothermal heat pump technologies and practices facility; and (2) submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than the date that is 5 years after the date of enactment of this Act, that-- (A) includes an estimate of the funds necessary to carry out this section; (B) describes the status of the implementation of geothermal heat pump technologies and practices at General Services Administration facilities, including-- (i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this Act; and (ii) the status of funding requests and appropriations for those programs; (C) identifies within the planning, budgeting, and construction processes, all types of General Services Administration facility-related procedures that inhibit new and existing General Services Administration facilities from implementing geothermal heat pump technologies; (D) recommends language for uniform standards for use by Federal agencies in implementing geothermal heat pump technologies and practices; (E) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for-- (i) permitting Federal agencies to retain all identified savings accrued as a result of the use of geothermal heat pump technologies; and (ii) identifying short- and long-term cost savings that accrue from the use of geothermal heat pump technologies and practices; (F) achieves substantial operational cost savings through the application of geothermal heat pump technologies; and (G) includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (F). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

Requires the Administrator of General Services to establish a program to accelerate the use of geothermal heat pumps at General Services Administration (GSA) facilities. Requires such program to: (1) ensure centralized responsibility for the coordination of geothermal heat pump recommendations, practices, and activities of all relevant federal agencies; (2) provide technical assistance and operational guidance to tenants to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies within five years; and (3) establish methods to track the success of federal agencies with respect to that goal. Requires the Administrator to: (1) review the current use of geothermal heat pump technologies in GSA facilities and the availability of such technologies to facility managers; and (2) establish an acceleration program to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies in each GSA facility. Requires the Administrator to: (1) ensure that a manager responsible for accelerating the use of geothermal heat pump technologies is designated for each GSA geothermal heat pump technologies and practices facility; and (2) submit to Congress a plan for implementing, within five years, geothermal heat pump technologies and practices at GSA facilities.

A bill to establish a geothermal heat pump technology acceleration program relating to General Services Administration facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Home Loan Refinance Opportunity Act of 2009''. SEC. 2. MODIFICATION OF QUALIFIED VETERANS' MORTGAGE BONDS PROGRAM TO ALLOW ELIGIBLE VETERANS TO REFINANCE CURRENT HOME LOANS. (a) Elimination of Refinance Prohibition for Veterans' Bonds.-- Section 143(b) of the Internal Revenue Code of 1986 (relating to qualified veterans' mortgage bond defined) is amended-- (1) in paragraph (1) by striking ``residences'' and inserting ``residences or qualified refinancing loans''; and (2) in paragraph (3) by striking ``(i)(1),''. (b) Definition.--Section 143(l) of the Internal Revenue Code of 1986 (relating to additional requirements for qualified veterans' mortgage bonds) is amended by adding at the end the following: ``(6) Qualified refinancing loan.--For purposes of this subsection, the term `qualified refinancing loan' means a loan that is used to refinance acquisition indebtedness (as defined in subclauses (I) and (II) of section 163(h)(3)(B)(i)) for a principal residence (within the meaning of section 121).''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. SEC. 3. INFLATION ADJUSTMENT OF STATE VETERANS LIMIT. (a) In General.--Paragraph (3) of section 143(l) of the Internal Revenue Code of 1986 (relating to volume limitation) is amended by adding at the end the following new subparagraph: ``(D) Limitation adjustment based on inflation.-- ``(i) In general.--In the case of any calendar year after 2010, the limit determined under subparagraph (B) for a State shall be adjusted for such calendar year by multiplying such limit by the inflation adjustment factor for the calendar year. ``(ii) Computation of inflation adjustment factor.--For purposes of clause (i)-- ``(I) In general.--The Secretary shall, not later than each October 1, determine and publish in the Federal Register the inflation adjustment factor for the succeeding calendar year in accordance with this clause. ``(II) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the CMHPI for the second quarter of the calendar year preceding the calendar year for which the adjustment is being made, and the denominator of which is the CMHPI for the second quarter of calendar year 2009. ``(III) CMHPI.--The term `CMHPI' means the Conventional Mortgage Home Price Index compiled by Federal Home Loan Mortgage Corporation. The CMHPI for any quarter shall be the CMHPI first published for such quarter. ``(IV) Limitation.--No adjustment shall be made under clause (i) for any year in which the fraction in subclause (II) is less than 1.''. (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 4. MODIFICATION OF MATERIALLY HIGHER YIELD FOR MORTGAGES MADE FROM QUALIFIED VETERANS' MORTGAGE BONDS. (a) Mortgage Yield Limitation Measured Under General Program Obligation Provisions.-- (1) Amendment.--Paragraph (3) of section 143(b) of the Internal Revenue Code of 1986 (relating to qualified veterans' mortgage bond defined) is amended by inserting ``(other than paragraph (2) thereof)'' after ``(g)''. (2) In general.--Subparagraph (C) of section 143(g)(3) of the Internal Revenue Code of 1986 (relating to requirements related to arbitrage) is amended by striking ``1.125 percentage points'' and inserting ``1.50 percentage points''. (3) Clerical amendment.--Section 143(g)(3) of such Code (relating to requirements related to arbitrage) is amended in the heading for subparagraph (C) by striking ``where issuer does not use full 1.125 percentage points under paragraph (2)'' and inserting ``for certain unused amounts''. (b) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Veterans Home Loan Refinance Opportunity Act of 2009 - Amends Internal Revenue Code provisions relating to tax-exempt veterans' mortgage bonds to permit: (1) proceeds from such bonds to refinance residences of veterans (currently, bond financing limited to new mortgages); (2) an annual inflation adjustment after 2010 to the amounts of veterans' mortgage bonds that states may issue; and (3) an increase from 1.125 % to 1.50% in the amount by which interest on veterans' mortgages may exceed the yield on a bond issue.

To amend the Internal Revenue Code of 1986 to allow eligible veterans to use qualified veterans mortgage bonds to refinance home loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Environmental Improvement Facilitation Act''. SEC. 2. USE OF FEDERAL WATER POLLUTION CONTROL ACT CIVIL PENALTIES TO FUND COMMUNITY ENVIRONMENTAL PROJECTS. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Use of Civil Penalties To Fund Community Environmental Projects.-- ``(1) Election.--Notwithstanding any other provision of this Act or any other law, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (referred to in this subsection as a `private person') under this Act, the private person may elect to-- ``(A) pay the amount of the penalty to the Treasury of the United States for deposit into the special account described in section 3113(d) of title 31, United States Code, for payment of public debt obligations; or ``(B)(i) pay an amount not to exceed $500,000 of the penalty to carry out a community environmental project through an agreement entered into in accordance with paragraph (2); and ``(ii) pay the remaining amount of the penalty in accordance with subparagraph (A). ``(2) Agreements to carry out community environmental projects.-- ``(A) In general.--If a private person makes the election described in paragraph (1)(B), the private person, after consultation with and obtaining the concurrence of the State and each political subdivision of the State within the jurisdiction of which the violation that resulted in the penalty occurred, shall enter into an agreement with the parties described in subparagraph (B) to pay the amount described in paragraph (1)(B)(i) to an appropriate person in order that the person may carry out 1 or more environmental projects described in subparagraph (C). A separate agreement shall be entered into with respect to each penalty for which an election is made as described in paragraph (1)(B). ``(B) Parties.--The parties to an agreement referred to in subparagraph (A) shall be the private person, the Administrator, and each person that is to carry out the environmental project. ``(C) Environmental projects.--An environmental project referred to in subparagraph (A)-- ``(i) shall be described in the agreement, which description shall include the type and scope of the project and the time period in which the project is to be carried out; ``(ii) shall be carried out within a city or county in which the violation occurred; ``(iii) shall bear a relationship to the nature of the violation; ``(iv) may not be inconsistent with any Federal or State law; ``(v) may not duplicate an activity or project for which Congress has specifically appropriated funds; and ``(vi) may not consist of-- ``(I) a monetary contribution to environmental research conducted at a college or university; ``(II) a study or assessment (including a pollution prevention assessment, a site assessment, an environmental management system audit, or a compliance audit) without a commitment by a party to the agreement or by another person or Federal entity to implement the results of the study or assessment; or ``(III) a project that is being funded through a low-interest Federal loan, a Federal contract, or a Federal grant. ``(D) Oversight.-- ``(i) In general.--The Administrator shall ensure that an environmental project that is the subject of an agreement entered into under this subsection is carried out in accordance with the terms of the agreement. ``(ii) Enforcement.--If the Administrator determines that a private person that elected under paragraph (1)(B) to enter into an agreement fails to carry out the environmental project in accordance with the agreement, the Administrator may terminate the agreement and require the private person to pay all or part of the penalty amount described in paragraph (1)(B)(i) as if no election had been made.''.

Local Environmental Improvement Facilitation Act - Amends the Federal Water Pollution Control Act to provide that, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (private person), the private person may elect to pay: (1) the amount of the penalty to the Treasury for deposit into a special account for payment of public debt obligations; or (2) an amount not to exceed $500,000 of the penalty to carry out a community environmental project in accordance with this Act, with the remainder to be paid into the Treasury's special account. Requires a private person who makes the latter election, after consulting with and obtaining the concurrence of the State and each political subdivision of the State within which the violation occurred, to enter into an agreement to pay the prescribed amount to an appropriate person to carry out one or more environmental projects. Requires a separate agreement to be entered into with respect to each penalty for which an election is made. Sets forth provisions regarding: (1) suitable environmental projects; and (2) oversight.

Local Environmental Improvement Facilitation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Access under the Law for Immigrant Women and Families Act of 2014'' or as the ``HEAL Immigrant Women and Families Act of 2014''. SEC. 2. FINDINGS. Congress finds as follows: (1) Insurance coverage reduces harmful health disparities by alleviating cost barriers to and increasing utilization of basic preventive health services, especially among low-income and underserved populations, and especially among women. (2) Based solely on their immigration status, many immigrants and their families face legal restrictions on their ability to obtain health insurance coverage through Medicaid, CHIP, and Health Insurance Exchanges. (3) Lack of health insurance contributes to persistent disparities in the prevention, diagnosis, and treatment of negative health outcomes borne by immigrants and their families. (4) Immigrant women are disproportionately of reproductive age, low-income, and lacking health insurance coverage. Legal barriers to affordable health insurance coverage therefore particularly exacerbate their risk of negative sexual, reproductive, and maternal health outcomes, with lasting health and economic consequences for immigrant women, their families, and society as a whole. (5) Denying coverage or imposing waiting periods for coverage unfairly hinders the ability of immigrants to take responsibility for their own health and economic well-being and that of their families. To fully and productively participate in society, access to health care is fundamental, which for women includes access to the services necessary to plan whether and when to have a child. (6) The population of immigrant families in the United States is expected to continue to grow. Indeed one in five children in the United States is part of an immigrant family. It is therefore in the nation's shared public health and economic interest to remove legal barriers to affordable health insurance coverage based on immigration status. SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT INDIVIDUALS. (a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, payment shall be made under this section for care and services that are furnished to aliens, including those described in paragraph (1), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment), and are lawfully present in the United States.''; (2) in subparagraph (B)-- (A) by striking ``a State that has elected to provide medical assistance to a category of aliens under subparagraph (A)'' and inserting ``aliens provided medical assistance pursuant to subparagraph (A)''; and (B) by striking ``to such category'' and inserting ``to such alien''; and (3) in subparagraph (C)-- (A) by striking ``an election by the State under subparagraph (A)'' and inserting ``the application of subparagraph (A)''; (B) by inserting ``or be lawfully present'' after ``lawfully reside''; and (C) by inserting ``or present'' after ``lawfully residing'' each place it appears. (b) CHIP.--Subparagraph (J) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows: ``(J) Paragraph (4) of section 1903(v) (relating to lawfully present individuals).''. (c) Effective Date.-- (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 and shall apply to services furnished on or after the date that is 90 days after such date of the enactment. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4. REMOVING BARRIERS TO HEALTH COVERAGE FOR INDIVIDUALS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVALS. (a) In General.--For the purposes of eligibility under any of the provisions referred to in subsection (b), individuals granted deferred action under the Deferred Action for Childhood Arrivals process of the Department of Homeland Security, as described in the memorandum of the Secretary of Homeland Security on June 15, 2012, shall be considered lawfully present in the United States. (b) Provisions Described.--The provisions described in this subsection are the following: (1) Exchange eligibility.--Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031). (2) Reduced cost-sharing eligibility.--Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (3) Premium subsidy eligibility.--Section 36B of the Internal Revenue Code of 1986. (4) Medicaid and chip eligibility.--Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act (42 U.S.C. 1396b(v)). (c) Effective Date.-- (1) In general.--Subsection (a) shall take effect on the date of the enactment of this Act. (2) Transition through special enrollment period.--In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) beginning after the date of the enactment of this Act, is granted deferred action described in subsection (a) and who, as a result of such subsection, qualifies for a subsidy described in paragraph (2) or (3) of such subsection, the Secretary of Health and Human Services shall establish a special enrollment period under section 1311(c)(6)(C) of such Act during which such individual may enroll in qualified health plans through Exchanges under title I of such Act and qualify for such a subsidy. For such an individual who has been granted deferred action as of the date of the enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under section 1311(c)(6)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(C)).

Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or the HEAL Immigrant Women and Families Act of 2014 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States. Makes individuals granted deferred action under the Deferred Action for Childhood Arrivals process eligible for: (1) health care exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act, (2) premium subsidies under the Internal Revenue Code, and (3) Medicaid and CHIP.

HEAL Immigrant Women and Families Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Self-Management Training Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Diabetes is the fifth leading cause of death in the United States. Over 18,000,000 Americans (6.2 percent of the population) currently are living with diabetes, a number that is estimated to increase to 29,000,000 by the year 2050. In 2002, diabetes accounted for $132,000,000,000 in direct and indirect health care costs. Diabetes is widely recognized as one of the top public health threats facing our Nation today. (2) Diabetes can occur in 2 forms--type 1 diabetes is caused by the body's inability to produce insulin, a hormone that allows glucose or sugar to enter and fuel cells and type 2 diabetes, which occurs when the body fails to make enough insulin or fails to properly use it. People with type 1 diabetes are required to take daily insulin injections to stay alive. While some people with type 2 diabetes need insulin shots, others with type 2 diabetes can control their diabetes through healthy diet, nutrition, and lifestyle changes. Type 2 diabetes accounts for up to 95 percent of all diabetes cases affecting 8 percent of the population age 20 and older. The prevalence of type 2 diabetes has tripled in the last 30 years, with much of that increase due to an upsurge in obesity. (3) In 2002, the Diabetes Prevention Program study found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent. (4) Diabetes self-management training (DSMT), also called diabetes education, provides knowledge and skill training to patients with diabetes, helping them identify barriers, facilitate problem solving, and develop coping skills to effectively manage their diabetes. Unlike many other diseases, diabetes requires constant vigilance on the part of the patient and demands far more than just taking pills or insulin shots. A certified diabetes educator is a health care professional-- often a nurse, dietitian, or pharmacist, who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (5) There are currently over 20,000 diabetes educators in the United States, most of whom are certified diabetes educators (CDEs) credentialed by the National Certification Board for Diabetes Educators (NCBDE). To earn a CDE designation, a health care professional must be licensed or registered, or have received an advanced degree in a relevant public health concentration, have professional practice experience and have met minimum hours requirements in diabetes self-management training, and have met certification and recertification requirements. Many other health care professionals that are able to bill for diabetes education through the medicare program have far less experience or ability to provide the skilled expertise to help people with diabetes self-manage the disease. (6) CDEs represent the only group of health care professionals who provide diabetes self-management training that have not been recognized as health care providers and are therefore precluded from directly billing the medicare program for DSMT. Adding CDEs as providers to that program would give diabetes patients access to the care they need. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF- MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``and includes a certified diabetes educator (as defined in paragraph (3)) who is credentialed by a nationally recognized certifying body for diabetes educators and who provides services within a diabetes self-management training program that is lawfully operated under all applicable Federal, State, and local laws and regulations'' before the semicolon at the end; and (B) in subparagraph (B), by inserting before the period at the end the following: ``or is a certified diabetes educator (as so defined) who is credentialed by a nationally recognized certifying body for diabetes educators and who provides services within a diabetes self-management training program that is lawfully operated under all applicable Federal, State, and local laws and regulations''; and (2) by adding at the end the following: ``(3) For purposes of paragraph (2), the term `certified diabetes educator' means an individual who-- ``(A) is a health care professional who specializes in helping individuals with diabetes develop the self-management skills needed to overcome the daily challenges and problems caused by the disease; ``(B) has an advanced degree in a relevant public health concentration or is a licensed or registered health care professional, has met eligibility requirements for initial certification, including meeting the minimum requirements for professional practice experience and hours for diabetes self- management, and has passed a certification exam approved by a nationally recognized certifying body for diabetes educators; and ``(C) has periodically renewed certification status following initial certification.''. (b) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for individuals with diabetes in accessing diabetes self-management training, including economic and geographic barriers and availability of appropriate referrals and access to adequate, qualified providers. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress regarding the study conducted under paragraph (2). (c) Effective Date.--The amendments made by subsection (a) shall apply to diabetes outpatient self-management training services furnished on or after the date that is 6 months after the date of enactment of this Act.

Diabetes Self-Management Training Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for recognition of certified diabetes educators as Medicare providers by a nationally recognized certifying body for diabetes educators for purposes of diabetes outpatient self-management training services.

A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B of the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Leaders Enhancement Act''. SEC. 2. SENSE OF CONGRESS ON DIVERSITY IN MILITARY LEADERSHIP. (a) Definition of Diversity.--It is the sense of Congress that the Secretary of Defense and the Secretary of Homeland Security (in the case of the Coast Guard) should develop a uniform definition of diversity that-- (1) encompasses all the different characteristics and attributes of members of the Armed Forces; and (2) is consistent with the core values of the Armed Forces, integral to overall readiness and mission accomplishment, and reflective of the diverse population of the United States. (b) Diversity as a National Security Issue.--It is the sense of Congress that-- (1) diversity is a national security issue and a force multiplier for the Armed Forces and the United States; (2) diversity within the Armed Forces is vitally important, not only with respect to promoting innovation and creativity, but also with respect to developing a more inclusive workforce for a fair and just America; (3) diversity is a necessity to mission readiness and excellence; (4) attracting and employing a diverse and talented team of officers and senior enlisted personnel ultimately enables the Armed Forces to better perform their national security missions and, in the case of the Coast Guard, its essential regulatory missions; and (5) in preparing the Nation for future national security needs, it is important to identify regional and cultural expertise, relevant reserve component civilian expertise, and language expertise upon military accession and throughout the careers of members of the Armed Forces in order to better manage personnel with mission critical skill sets and to leverage that expertise in service to the United States. SEC. 3. DIVERSITY IN MILITARY LEADERSHIP AND RELATED REPORTING REQUIREMENTS. (a) Plan To Achieve Military Leadership Reflecting Diversity of United States Population.-- (1) In general.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Diversity in military leadership: plan ``(a) Plan.--The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall prepare and implement a plan to achieve, between 2031 and 2041, a dynamic, sustainable level of members of the armed forces (including reserve components thereof) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, or ethnic populations and diversified language and cultural skills so as to preserve and enhance the all-volunteer force. ``(b) Metrics To Measure Progress in Developing and Implementing Plan.--The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall develop a standard set of metrics and collection procedures that are uniform across the armed forces, including reserve components thereof, in furtherance of developing and implementing the plan established under subsection (a). The metrics required by this subsection shall be designed-- ``(1) to accurately capture the inclusion and capability aspects of the armed forces broader diversity plans; and ``(2) to be verifiable and systematically linked to strategic plans that will drive improvements. ``(c) Consultation.--Not less than biannually, the Secretary of Defense and the Secretary of Homeland Security shall meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the armed forces to discuss the progress being made toward developing and implementing the plan established under subsection (a). ``(d) Cooperation With States.--The Secretary of Defense shall coordinate with the National Guard Bureau and States in tracking the progress of the National Guard toward developing and implementing the plan established under subsection (a).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``656. Diversity in military leadership: plan.''. (b) Reporting Requirements.-- (1) Inclusion in dod manpower requirements report.--Section 115a(c) of such title is amended by adding at the end the following new paragraph: ``(4) The progress made in implementing the plan required by section 656 of this title to achieve a dynamic, sustainable armed forces that has a membership that will, among both commissioned officers and senior enlisted personnel of each armed force, including reserve components thereof, reflect the diverse population of the United States eligible to serve in the armed forces while still being able to-- ``(A) prevail in any war, prevent and deter any conflict, defeat any adversary, and succeed in a wide range of contingencies; and ``(B) preserve and enhance the all-volunteer force. ``(5) The available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates.''. (2) Coast guard report.-- (A) Annual report required.--The Secretary of Homeland Security shall prepare an annual report addressing diversity among commissioned officers of the Coast Guard and Coast Guard Reserve and among enlisted personnel of the Coast Guard and Coast Guard Reserve in the pay grades E-7 through E-9. The report shall include an assessment of the available pool of qualified candidates for the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates. (B) Submission.--The report shall be submitted each year not later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31, United States Code. Each report shall be submitted to the President, the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Homeland Security of the House of Representatives, and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

Military Leaders Enhancement Act - Directs Secretary of Defense (DOD) and the Secretary of Homeland Security (DHS) in the case of the Coast Guard to: (1) prepare and implement a plan to achieve, between 2031 and 2041, a dynamic, sustainable level of Armed Forces members (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, reflects the diverse population of the United States eligible to serve in the Armed Forces, including gender specific, racial, or ethnic populations and diversified language and cultural skills; and (2) develop a standard set of metrics and collection procedures, uniform across the Armed Forces, to capture the inclusion and capability aspects of the Armed Forces' broader diversity plans and to verify and systematically link to strategic plans. Requires: (1) the DOD and DHS Secretaries, at least biannually, to meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the Armed Forces to discuss progress on the plan; and (2) the DOD Secretary to coordinate with the National Guard Bureau and states in tracking the National Guard's progress on the plan. Directs the DOD Secretary to include in its annual defense manpower requirements report to Congress a discussion of: (1) the progress on implementing the plan while still being able to prevail in any war, prevent and deter any conflict, defeat any adversary, succeed in wide ranges of contingencies, and preserve and enhance the all-volunteer force; (2) the available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates. Directs the DHS Secretary to submit to Congress a related annual report.

To amend title 10, United States Code, to enhance the security of the United States and the readiness of the Armed Forces by increasing diversity within the leadership ranks of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greener Government Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The policies and programs of the Federal Government should encourage sustainable economic development. (2) The Federal Government spends substantial sums annually on the development of new technologies. (3) The development of environmental technologies can enhance the economic competitiveness and environmental security of the United States. (4) In order to contribute to the achievement of sustainable economic development and to promote the economic and environmental security of the United States, environmental concerns should be incorporated into the technology development programs of the Federal Government. SEC. 3. ENVIRONMENTALLY SOUND TECHNOLOGIES IN ONGOING PROGRAMS. (a) Stevenson-Wydler Amendments.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended-- (1) in section 2(2), by inserting ``greater environmental sustainability,'' after ``employment opportunities,''; (2) in section 3(1), by inserting ``for sustainable economic development'' after ``stimulate technology''; (3) in section 4, by adding at the end the following new paragraph: ``(14) `Sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials;''; (4) in section 6(a), by inserting ``and sustainable economic development in their regions'' after ``enhance the competitiveness of American business''; (5) in section 6(d), by inserting ``and sustainable economic development of their regions'' after ``enhance the competitiveness of American businesses''; (6) in section 7(a), by inserting ``and sustainable economic development'' after ``enhance technological innovation''; (7) in section 7(c)(1), by striking ``economic competitiveness'' and inserting ``sustainable economic development''; (8) in section 9(a), by inserting ``and sustainable economic development'' after ``enhance technological innovation''; and (9) in section 11(c)(1) by inserting ``and would enhance sustainable economic development'' after ``commercial applications''. (b) NIST Amendments.--The National Institute of Standards and Technology Act (15 U.S.C. 271) is amended-- (1) in section 1(b)(1), by inserting ``sustainable economic development,'' after ``improved product reliability and manufacturing processes,''; (2) in section 1, by adding after subsection (b) the following new subsection: ``(c) For purposes of the this section, the term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''; and (3) in section 2(b)(1), by inserting ``to enhance sustainable economic development (as that term is defined in section 1(c))'' after ``to improve quality,''. (c) NASA Amendments.--The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 note) is amended-- (1) in section 102(d)-- (A) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and (B) by inserting after paragraph (5) the following new paragraph: ``(6) The making available to Federal and non-Federal entities of the United States, technologies that will enhance the sustainable economic development of the Nation.''; and (2) in section 103-- (A) by striking ``; and'' in paragraph (1) and inserting a semicolon; (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) the term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (d) NSF Amendments.-- (1) Functions.--Section 3(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting a semicolon; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) to foster education and research that would promote sustainable economic development nationally and internationally.''. (2) Definition.--Subsection (g) of section 14 of such Act is amended to read as follows: ``(g) For purposes of this Act: ``(1) The term `United States' when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, and all territories and possessions of the United States. ``(2) The term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (e) Title 10 Amendments.-- (1) In general.--Section 2501(b) of title 10, United States Code, is amended by striking ``economic growth'' in paragraphs (1) and (2) and inserting ``sustainable economic development''. (2) Definition.--Section 2491 of such title is amended by adding at the end the following new paragraph: ``(13) The term `sustainable economic development' means the integration of environment and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.''. (f) Title 49 Amendment.--Section 101(b)(4) of title 49, United States Code, is amended by inserting ``and sustainable economic development (as defined in section 4(14) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(14))'' after ``technological advances''.

Greener Government Act of 1993 - Provides for the incorporation of environmentally sound principles in programs under the Stevenson-Wydler Technology Innovation Act of 1980, the National Institute of Standards and Technology Act, the National Aeronautics and Space Act of 1958, and the National Science Foundation Act of 1950.

Greener Government Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are to authorize statewide early detection, diagnosis, referral, and intervention networks, technical assistance, a national applied research program, and interagency and private sector collaboration for policy development, in order to assist the States in making progress toward the following goals: (1) All babies born in hospitals in the United States and its territories should be screened for hearing loss before leaving the hospital (unless the parents of the children object to the screening). (2) Babies who are not born in hospitals should be screened within the first 3 months of life. (3) Diagnostic audiologic testing, if indicated, should be performed in a timely manner to allow appropriate referral for treatment/intervention before the age of 6 months. (4) All universal newborn hearing screening programs should include a component which ensures linkage to diagnosis and the community system of early intervention services. (5) Public policy in early hearing detection, diagnosis, and intervention should be based on applied research and the recognition that infants, toddlers, and children who are deaf or hard-of-hearing have unique language, learning, and communication needs, and should be the result of consultation with pertinent public and private sectors. SEC. 3. STATEWIDE EARLY DETECTION, DIAGNOSIS, AND INTERVENTION NETWORKS. The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide early detection, diagnosis, and intervention networks for the following purposes: (1) To develop State capacity to support newborn hearing loss detection, diagnosis, and intervention. (2) To monitor the extent to which hearing detection is conducted in birthing hospitals throughout the State, and assist in the development of universal newborn hearing detection programs in birthing hospitals and nonhospital birthing sites. (3) To develop statewide models which ensure effective screening, referral, and linkage with appropriate diagnostic, medical, and qualified early intervention services, providers, and programs within the community. (4) To collect data on statewide early detection, diagnosis, and intervention that can be used for applied research and policy development. SEC. 4. TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH. (a) Centers for Disease Control and Prevention.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment/intervention. The program shall carry out the following: (1) Provide technical assistance on data collection and management. (2) Develop standardized procedures for data management to ensure quality monitoring of infant hearing loss detection, diagnosis, and intervention programs. (3) Study the costs and effectiveness of hearing detection conducted by State-based programs in order to answer issues of importance to national and State policymakers. (4) Identify the causes and risk factors for congenital hearing loss that might lead to the development of preventive interventions. (5) Study the effectiveness of early hearing detection, diagnosis, and treatment/intervention programs by assessing the health, developmental, cognitive, and language status of these children at school age. (6) Promote the sharing of data regarding early hearing loss with State-based birth defects and developmental disabilities monitoring programs for the purpose of identifying previously unknown causes of hearing loss. (b) National Institutes of Health.--The Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall for purposes of this Act carry out a program of research on the efficacy of new screening techniques and technology, including clinical trials of screening methods, studies on efficacy of intervention, and related basic and applied research. SEC. 5. COORDINATION AND COLLABORATION. (a) In General.--In carrying out programs under this Act, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with other Federal agencies; State and local agencies (including those responsible for early intervention services pursuant to part C of the Individuals with Disabilities Education Act); consumer groups serving individuals who are deaf and hard-of-hearing; persons who are deaf and hard-of-hearing and their families; qualified professional personnel who are proficient in deaf or hard-of-hearing children's language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard-of-hearing infants, toddlers, children, and their families; other health and education professionals and organizations; third-party payers and managed care organizations; and related commercial industries. (b) Policy Development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer and professional based organizations, with respect to early hearing detection, diagnosis, and treatment/ intervention. (c) State Early Detection, Diagnosis, and Intervention Networks; Data Collection.--The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish early detection, diagnosis, and intervention networks under section 3 and to develop a data collection system under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Statewide Early Detection, Diagnosis, and Intervention Networks.--For the purpose of carrying out section 3, there are authorized to be appropriated $5,000,000 for fiscal year 1999, $8,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003. (b) Technical Assistance, Data Management, and Applied Research.-- (1) Centers for disease control and prevention.--For the purpose of carrying out section 4(a), there are authorized to be appropriated $5,000,000 for fiscal year 1999, $7,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003. (2) National institutes of health.--For the purpose of carrying out section 4(b), there are authorized to be appropriated $3,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2003.

Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations.

Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Access and Networks for Sports Act'' or the ``FANS Act''. SEC. 2. DEFINITION. In this Act, the term ``Sports Broadcasting Act of 1961'' means the Act of September 30, 1961 (15 U.S.C. 1291 et seq.). SEC. 3. AMENDMENTS TO THE SPORTS BROADCASTING ACT OF 1961. (a) Elimination of Antitrust Exemption for Sports Blackouts During Retransmission Consent Negotiations.--Section 1 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1291) is amended by adding at the end the following: ``The antitrust exemption established under this section shall not apply to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522)), when such removal occurs during or is related to a negotiation regarding carriage of the games of such league by the multichannel video programming distributor.''. (b) Elimination of Antitrust Exemption for Local Sports Blackouts.--Section 2 of the Sports Broadcasting Act of 1961 (15 U.S.C. 1292) is amended by striking ``, except within the home territory of a member club of the league on a day when such club is playing a game at home''. (c) Availability of Games Over the Internet Where Not Otherwise Available on Television.--The Sports Broadcasting Act of 1961 is amended-- (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: ``Sec. 4. ``(a) The antitrust exemption established under section 1 of this Act shall not apply to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not make a sponsored telecast of a covered game available to consumers, for a fee or otherwise, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. ``(b) For purposes of this section-- ``(1) the term `covered game' means a game that-- ``(A) is played in the home territory of a member club of a league described in subsection (a); and ``(B) is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor; ``(2) the term `multichannel video programming distributor' has the meaning given the term in section 602 of the Communications Act of 1934 (47 U.S.C. 522); ``(3) the term `television broadcast station' has the meaning given the term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)); and ``(4) the term `Internet platform' means a delivery mechanism that uses packet-switched protocol or any successor technology.''. SEC. 4. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE BASEBALL. Section 27 of the Clayton Act (15 U.S.C. 26b) is amended-- (1) in subsection (a)-- (A) by striking ``subsections (b) through (d)'' and inserting ``subsections (b) and (c)''; and (B) by striking ``directly relating to or affecting employment of major league baseball players to play baseball at the major league level''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``, any conduct, acts, practices or agreements that do not directly relate to or affect employment of major league baseball players to play baseball at the major league level, including but not limited to''; (B) in paragraph (3)-- (i) by inserting ``or'' before ``franchise ownership''; and (ii) by striking ``, the relationship'' and all that follows through ``collectively''; (C) by striking paragraph (4); and (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (3) by striking subsection (c); and (4) by redesignating subsection (d) as subsection (c). SEC. 5. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any contract or agreement entered into or modified by a league subject to the requirements of the Sports Broadcasting Act of 1961 on or after the date of enactment of this Act.

Furthering Access and Networks for Sports Act or the FANS Act - Amends the Sports Broadcasting Act of 1961 to deny the antitrust exemption for joint agreements covering the telecasting of sports contests to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not: (1) expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor when such removal occurs during, or is related to a negotiation regarding, carriage of the league's games by such distributor; or (2) make a sponsored telecast of a game that is played in the home territory of a member club available to consumers, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. Repeals the exception that allows the antitrust exemption for such a joint agreement that prohibits televising games within the home territory of a member club on a day when such club is playing at home. Amends the Clayton Act to: (1) subject the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball (currently, only such conduct, acts, practices, or agreements directly relating to or affecting employment of major league baseball players at the major league level) to the antitrust laws to the same extent that such conduct, acts, practices, or agreements engaged in by persons in any other professional sports business affecting interstate commerce are subject to such laws; and (2) repeal provisions granting only a major league baseball player standing to sue. Eliminates provisions specifying that such Act does not create, permit, or imply a cause of action by which to challenge under the antitrust laws: (1) the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball, and the licensing of intellectual property rights owned or held by organized professional baseball teams; or (2) any conduct, acts, practices, or agreements protected by the Sports Broadcasting Act of 1961.

FANS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambassador's Fund for Strategic Exchanges Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States has a strategic national interest in improving its image around the world, given the historically low levels of public opinion toward the United States in many countries. (2) International exchange programs have been proven to be one of the most beneficial and cost-effective means by which to promote mutual understanding between citizens of the United States and citizens of other countries and to advance United States national interests through closer working partnerships with leaders around the world. (3) Prominent world leaders during recent decades, such as Tony Blair and Anwar Sadat, have deepened their friendship and openness to the United States through international exchanges, and many persons who previously had highly anti-American opinions have changed their views after participating in exchange programs organized by the United States Government. (4) United States exchange programs, such as the International Visitors Program, make a tremendous impact in the lives of those individuals who participate and consistently are ranked by public diplomacy experts as some of the most effective public diplomacy programs. (5) The International Visitors Program of the United States Department of State organizes exchange programs for anticipated future leaders in their countries who travel to the United States for programs generally of three weeks, and it produces very positive results among its target audience. (6) Another key target audience for United States exchanges is not addressed by the International Visitors Program; this group includes current political, economic, and civil society leaders, often from less privileged backgrounds, who have not traveled to the United States previously. (7) Such persons currently in leadership positions in their countries are often unable to leave their jobs for a period of three weeks, given the press of their responsibilities, and United States embassies administering exchange programs not infrequently find that identified candidates for International Visitor Program exchanges decline participation because of this fact. (8) A number of United States embassies, including the embassy in Baghdad, Iraq, have piloted country-specific, embassy-initiated exchange programs targeted to such groups of current leaders who have never traveled to the United States. These programs generally last from 5-7 program days and bring together 8-10 participants from a country who work on similar issues but have not worked with each other before. Some of these programs have been coordinated with the Voluntary Visitors Division of the International Visitors Office in the Bureau of Educational and Cultural Affairs of the Department of State. (9) Such programs have proven highly effective in having an immediate impact on current leaders working in key sectors and in helping advance United States interests such as greater democratization, observance of human rights, economic reform and poverty alleviation, empowerment of women and girls, and improved cooperation with the United States in confronting threats from organized crime, narco-trafficking, and terrorist groups. These programs also promote greater cooperation across sectors, agencies, and regions within a country, given the shared experience the exchange visitors have together during their trip to the United States. (10) A key element of the success of these pilot exchanges is that they are conceived and developed in individual embassies overseas, keyed to specific interests of the United States in each country. (11) However, these pilot exchanges currently have not been replicated widely within the Department of State, being confined to only a few United States embassies around the world, because there are no Department-wide programmatic guidelines or central funding for these exchange programs. SEC. 3. AMBASSADOR'S FUND FOR STRATEGIC EXCHANGES. (a) In General.--The Secretary of State shall establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs a program to conduct public diplomacy exchanges, to be known as the ``Ambassador's Fund for Strategic Exchanges'', to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance key United States strategic goals. (b) Coordination.--Under the program established pursuant to subsection (a), each United States embassy and the Office of International Visitors shall coordinate to develop the short-term exchange visits described in such subsection. (c) Number and Duration.--The short-term exchange visits shall be for groups of up to between eight and ten participants, and shall be for visits of five to eight days. (d) Areas of Focus.--The key United States strategic goals referred to in subsection (a) may include the following, as determined by the individual United States embassy and the Office of International Visitors: (1) Strengthening democracy and human rights. (2) Advancing the rule of law. (3) Strengthening cooperation in the fight against terrorism, organized crime, and drug trafficking. (4) Reducing poverty and promoting economic reform. (5) Empowering women and girls. (6) Broadening political and economic participation to include traditionally excluded groups. (7) Other embassy and Office of International Visitors- identified priority purposes. (e) Selection.--The Bureau of Educational and Cultural Affairs shall solicit proposals from United States embassies for short-term exchange visits and select among them on a competitive basis. (f) Cost-sharing and Funding.-- (1) In general.--In accordance with paragraphs (2) and (3), as appropriate, the Bureau of Educational and Cultural Affairs and the United States embassies shall engage in cost-sharing in carrying out the short-term exchange visits. (2) Bureau of educational and cultural affairs.--From amounts authorized to be appropriated to carry out this Act pursuant to section 4 and from amounts made available for the regular program budget of the Voluntary Visitors Division, such sums as may be necessary are authorized to be appropriated to the Bureau of Educational and Cultural Affairs to carry out the short-term exchange visits. Such visits shall be treated in the same manner as Voluntary Visitor trips are treated. (3) United states embassies.-- (A) In general.--From amounts authorized to be appropriated to carry out this Act and from amounts made available for the public diplomacy budgets of United States embassies, such sums as may be necessary are authorized to be appropriated to such embassies to carry out the short-term exchange visits. Allowable expenses associated with such visits include airfares, pre-departure expenses, and such other expenses as are needed to allow individuals to travel to the United States to participate in such visits. (B) Rule of construction.--Nothing in this section may be construed as imposing any restrictions, such as restrictions included in the Foreign Affairs Manual of the Department of State, on the ability of United States embassies to pay for airfares of individuals participating in the short-term exchange visits. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this Act. (b) Additional Amounts.--In addition to amounts authorized to be appropriated pursuant to subsection (a), there are authorized to be appropriated $1,500,000 to the International Visitors Program for Professional and Cultural Exchanges for short-term exchange visits conducted under the auspices of the Ambassador's Fund for Strategic Exchanges. Such amounts shall be administered by the Bureau of Educational and Cultural Affairs.

Ambassador's Fund for Strategic Exchanges Act of 2009 - Directs the Secretary of State to establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs the Ambassador's Fund for Strategic Exchanges to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance U.S. strategic goals. Authorizes appropriations.

To establish a public diplomacy international exchange program to be known as the Ambassador's Fund for Strategic Exchanges, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative Autonomy Act of 2002''. (b) References in Act.--Except as may otherwise be provided, whenever in this Act an amendment 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 that section or other provision of the District of Columbia Home Rule Act. SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1-206.04, D.C. Official Code). (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. SEC. 3. CONFORMING AMENDMENTS. (a) District of Columbia Home Rule Act.--(1) Section 303 (sec. 1- 203.03, D.C. Official Code) is amended-- (A) in subsection (a), by striking the second sentence; and (B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (2) Section 404(e) (sec. 1-204.04(3), D.C. Official Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (3) Section 462 (sec. 1-204.62, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (B) by striking subsections (b) and (c). (4) Section 472(d) (sec. 1-204.72(d), D.C. Official Code) is amended to read as follows: ``(d) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a).''. (5) Section 475(e) (sec. 1-204.75(e), D.C. Official Code) is amended to read as follows: ``(e) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section.''. (b) Other Laws.--(1) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.102(b)(1). D.C. Official Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (2) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.105, D.C. Official Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (3) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1001.16, D.C. Official Code)-- (A) in subsection (j)(2)-- (i) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (ii) by striking the second sentence; and (B) in subsection (m)-- (i) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (ii) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (iii) by striking ``section, the act which'' and all that follows and inserting ``section.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2002.

District of Columbia Legislative Autonomy Act of 2002 - Amends the District of Columbia Home Rule Act to repeal the mandate for congressional review of newly-passed District laws.

To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly-passed District laws.

SECTION 1. EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. (a) Uses of Funds.--Subsection (a) of section 1054 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by inserting ``, including teenage parents, obtain educational skills and'' after ``help parents''; (2) by redesignating paragraphs (6) and (7) as (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) the provision that whenever feasible, data regarding the number, age, sex, race, and ethnicity of participants is collected;''. (b) Eligible Participants.--Section 1055 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1), by striking ``and''; (2) in paragraph (2), by striking the period and inserting ``; and''; and by adding at the end the following: ``(3) pregnant teenagers, teenage parents, and the children of such teenagers.''. (c) Applications.--Paragraph (5) of section 1056(c) is amended-- (1) by striking ``and'' after ``proficiency'' and inserting a comma; and (2) by inserting ``and teenage parents'' after ``handicaps''. SEC. 2. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY. (a) Allocation.--Subsection (c) of section 1102 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end of paragraph (2) the following: ``(3) Each State educational agency shall allocate not less than 25 percent of the funds available to local educational agencies in the State to dropout prevention and reentry programs which-- ``(A) are specifically designed to serve pregnant teenagers and teenage parents; or ``(B) include services or the coordination of services for pregnant teenagers and teenage parents.''. (b) Uses of Funds.--Subsection (c) of section 1103 of the Elementary and Secondary Education Act of 1965 is amended in paragraph (4), by inserting ``sex, race or ethnicity,'' after ``number, ages,''. (c) Applications.--Subsection (b) of section 1104 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (10), (11), (12), and (13), respectively; (2) by inserting after paragraph (7) the following: ``(8) assure that set-aside programs for pregnant teenagers and teenage parents provide, either directly or in conjunction with other programs, academic skills training, parenting and child development classes, onsite child care or transportation to a nearby facility, and an outreach program to reach such teenagers; ``(9) assure that whenever practicable, the set-aside programs for pregnant teenagers and teenage parents include the provision for health care, job training, other support services such as transportation, life skills training, mentor support, counseling services, scheduling flexibility, and referrals for community resources;''. SEC. 3. LOCAL TARGETED ASSISTANCE PROGRAMS. Paragraph (1) of section 1531(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, pregnant teenagers and teenage parents'' after ``dropping out''. SEC. 4. STATE AND LOCAL PLANS. (a) State Plans.--Subparagraph (C) of section 5122(b)(2) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``or is a parent'' after ``pregnant''. (b) Local Drug Abuse Education and Prevention Programs.--Subsection (a) of section 5125 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (15) and (16) as (16) and (17), respectively; and (2) inserting after paragraph (14) the following: ``(15) programs that address the special needs of pregnant teenagers and teenage parents;''. SEC. 5. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROGRAMS. (a) Grants to Local Educational Agencies.--Section 6004 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating subsections (b) through (f) as (c) through (g), respectively; and (2) by inserting after subsection (a) the following: ``(b) In addition to the allocation requirements of subsection (a), the Secretary shall ensure that not less than 25 percent of the total funds available are used to develop programs specifically designed to serve pregnant teenagers or teenage parents.''. (b) Application.--Subparagraph (A) of section 6005(b)(1) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, and if practicable, the age, sex, race and ethnicity'' after ``number''. (c) Reports.--Subsection (a) of section 6008 of the Elementary and Secondary Education Act of 1965 is amended by inserting ``age, sex,'' after ``school students by''. SEC. 6. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT. Section 6106 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (8), (9), and (10) as paragraphs (10), (11), and (12) respectively; (2) by inserting after paragraph (7) the following: ``(8) an assurance that set-aside programs for pregnant teenagers and teenage parents provide, either directly or in conjunction with other programs, academic skills training, parenting and child development classes, onsite child care or transportation to a nearby facility, and an outreach program to reach such teenagers; ``(9) an assurance that whenever practicable, the set-aside programs for pregnant teenagers and teenage parents include the provision for health care, job training, other support services such as transportation, life skills training, mentor support, counseling services, scheduling flexibility, and referrals for community resources;''.

Amends the Elementary and Secondary Education Act of 1965 to specify requirements with respect to pregnant teenagers, teenage parents, and the children of such teenagers for: (1) Even Start programs; (2) secondary school programs for basic skills improvement and dropout prevention and reentry; (3) local targeted assistance programs; (4) State and local drug abuse education and prevention programs; (5) assistance to address school dropout problems; and (6) assistance to provide basic skills improvement.

To amend the Elementary and Secondary Education Act of 1965 to ensure that needs of pregnant and parenting teenagers are addressed by the education system, and for other purposes.

SECTION 1. PROJECT FOR NAVIGATION, WELLS HARBOR, MAINE. (a) In General.--The project for navigation, Wells Harbor, Maine, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480), is modified to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. (b) Deauthorization of Certain Portions.--The following portions of the project are not authorized after the date of enactment of this Act: (1) The portion of the 6-foot channel the boundaries of which begin at a point with coordinates N177,992.00, E394,831.00, thence running south 83 degrees 58 minutes 14.8 seconds west 10.38 feet to a point N177,990.91, E394,820.68, thence running south 11 degrees 46 minutes 47.7 seconds west 991.76 feet to a point N177,020.04, E394,618.21, thence running south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a point N177,018.00, E394,628.00, thence running north 11 degrees 46 minutes 22.8 seconds east 994.93 feet to the point of origin. (2) The portion of the 6-foot anchorage the boundaries of which begin at a point with coordinates N177,778.07, E394,336.96, thence running south 51 degrees 58 minutes 32.7 seconds west 15.49 feet to a point N177,768.53, E394,324.76, thence running south 11 degrees 46 minutes 26.5 seconds west 672.87 feet to a point N177,109.82, E394,187.46, thence running south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a point N177,107.78, E394,197.25, thence running north 11 degrees 46 minutes 25.4 seconds east 684.70 feet to the point of origin. (3) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates N177,107.78, E394,197.25, thence running north 78 degrees 13 minutes 45.7 seconds west 10.00 feet to a point N177,109.82, E394,187.46, thence running south 11 degrees 46 minutes 15.7 seconds west 300.00 feet to a point N176,816.13, E394,126.26, thence running south 78 degrees 12 minutes 21.4 seconds east 9.98 feet to a point N176,814.09, E394,136.03, thence running north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to the point of origin. (4) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates N177,018.00, E394,628.00, thence running north 78 degrees 13 minutes 45.7 seconds west 10.00 feet to a point N177,020.04, E394,618.21, thence running south 11 degrees 46 minutes 44.0 seconds west 300.00 feet to a point N176,726.36, E394,556.97, thence running south 78 degrees 12 minutes 30.3 seconds east 10.03 feet to a point N176,724.31, E394,566.79, thence running north 11 degrees 46 minutes 22.4 seconds east 300.00 feet to the point of origin. (c) Redesignations.--The following portions of the project shall be redesignated as part of the 6-foot anchorage: (1) The portion of the 6-foot channel the boundaries of which begin at a point with coordinates N177,990.91, E394,820.68, thence running south 83 degrees 58 minutes 40.8 seconds west 94.65 feet to a point N177,980.98, E394,726.55, thence running south 11 degrees 46 minutes 22.4 seconds west 962.83 feet to a point N177,038.40, E394,530.10, thence running south 78 degrees 13 minutes 45.7 seconds east 90.00 feet to a point N177,020.04, E394,618.21, thence running north 11 degrees 46 minutes 47.7 seconds east 991.76 feet to the point of origin. (2) The portion of the 10-foot inner harbor settling basin the boundaries of which begin at a point with coordinates N177,020.04, E394,618.21, thence running north 78 degrees 13 minutes 30.5 seconds west 160.00 feet to a point N177,052.69, E394,461.58, thence running south 11 degrees 46 minutes 45.4 seconds west 299.99 feet to a point N176,759.02, E394,400.34, thence running south 78 degrees 13 minutes 17.9 seconds east 160 feet to a point N176,726.36, E394,556.97, thence running north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to the point of origin. (3) The portion of the 6-foot anchorage the boundaries of which begin at a point with coordinates N178,102.26, E394,751.83, thence running south 51 degrees 59 minutes 42.1 seconds west 526.51 feet to a point N177,778.07, E394,336.96, thence running south 11 degrees 46 minutes 26.6 seconds west 511.83 feet to a point N177,277.01, E394,232.52, thence running south 78 degrees 13 minutes 17.9 seconds east 80.00 feet to a point N177,260.68, E394,310.84, thence running north 11 degrees 46 minutes 24.8 seconds east 482.54 feet to a point N177,733.07, E394,409.30, thence running north 51 degrees 59 minutes 41.0 seconds east 402.63 feet to a point N177,980.98, E394,726.55, thence running north 11 degrees 46 minutes 27.6 seconds east 123.89 feet to the point of origin. (d) Realignment.--The 6-foot anchorage area described in subsection (c)(3) shall be realigned to include the area located south of the inner harbor settling basin in existence on the date of enactment of this Act beginning at a point with coordinates N176,726.36, E394,556.97, thence running north 78 degrees 13 minutes 17.9 seconds west 160.00 feet to a point N176,759.02, E394,400.34, thence running south 11 degrees 47 minutes 03.8 seconds west 45 feet to a point N176,714.97, E394,391.15, thence running south 78 degrees 13 minutes 17.9 seconds 160.00 feet to a point N176,682.31, E394,547.78, thence running north 11 degrees 47 minutes 03.8 seconds east 45 feet to the point of origin. (e) Relocation.--The Secretary of the Army may relocate the settling basin feature of the project to the outer harbor between the jetties. (f) Enforcement of Conservation Easement.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may accept the conveyance of the right, but not the obligation, to enforce a conservation easement to be held by the State of Maine over certain land owned by the town of Wells, Maine, that is adjacent to the Rachel Carson National Wildlife Refuge.

Modifies the project for navigation, Wells Harbor, Maine, to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. Deauthorizes specified portions of the project.

A bill to modify, and to deauthorize certain portions of, the project for navigation at Wells Harbor, Maine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Financial Freedom Act''. SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new flush sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4)(A) of the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Senior Citizens' Financial Freedom Act had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending after December 31, 2000. SEC. 4. GRADUAL INCREASE IN AGE FOR REQUIRED MINIMUM DISTRIBUTIONS FROM PENSION PLANS. (a) In General.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 (defining required beginning date) is amended-- (1) by striking ``age 70\1/2\'' and inserting ``the applicable age'', and (2) by adding at the end the following new clause: ``(v) Applicable age.--For purposes of this subparagraph, the applicable age shall be determined in accordance with the following table: Applicable ``Calendar year: Age: 2000.......................................... 71 2001.......................................... 72 2002.......................................... 73 2003.......................................... 74 2004.......................................... 75 2005.......................................... 76 2006.......................................... 77 2007.......................................... 78 2008.......................................... 79 2009.......................................... 80 2010.......................................... 81 2011.......................................... 82 2012.......................................... 83 2013.......................................... 84 2014 and thereafter........................... 85.'' (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 1999.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits. Amends the IRC to provide for a graduated increase in age from calendar year 2000 to 2014 and thereafter for required distributions from qualified trusts.

Senior Citizens' Financial Freedom Act

SECTION 1. ESTABLISHMENT OF INITIATIVE FOR FOOD AND OTHER ASSISTANCE FOR INDIVIDUALS IN INDONESIA AND SOUTHEAST ASIA AFFECTED BY THE ASIAN FINANCIAL CRISIS. (a) Establishment of Initiative.-- (1) In general.--The Administrator of the United States Agency for International Development, in coordination with the Secretary of Agriculture, shall establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis. (2) Conduct of food security elements of initiative.--In carrying out the food security elements of the initiative described in paragraph (1), the Administrator-- (A) shall establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer- to-farmer, and food assistance programs; and (B) shall provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs to provide food assistance in accordance with subsection (b). (b) Assistance to Nongovernmental Organizations.-- (1) Request for funds.--In order to receive funds made available under subsection (a)(2)(B), a nongovernmental organization, private voluntary organizations, or cooperative shall submit a request for funds in accordance with section 202(e) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722(e)). (2) Approval/disapproval procedures.--A request for funds submitted by a nongovernmental organization, private voluntary organizations, or cooperative under paragraph (1) shall be approved or disapproved by the Administrator of the United States Agency for International Development in accordance with approval and disapproval procedures applicable to programs under title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.). (c) Duration of Programs.--A program described in subsection (a) may be conducted for a period not to exceed 4 years. (d) Funding.-- (1) Overall funding of initiative.-- (A) In general.--Of the amounts made available for fiscal year 1999 for assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) and chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.; relating to the economic support fund), $100,000,000 shall be made available for such fiscal year to carry out subsection (a)(2)(A). (B) Sub-earmarks.--Of the amount available under subparagraph (A)-- (i) not less than 50 percent shall be made available to address food, medical, fuel, and other shortages in Indonesia and Southeast Asia, and for such other immediate and inexpensive actions that can expedite the distribution of items to address such shortages; (ii) not less than 80 percent of the amount of assistance made available for Indonesia shall be made available, administered, or distributed through indigenous nongovernmental or private voluntary organizations; (iii) not less than $6,000,000 shall be made available to support the development of political institutions and parties in Indonesia and Southeast Asia; (iv) not less than $8,000,000 shall be made available to improve transparency and regulation of banking, financial, insurance, and securities institutions in Indonesia and Southeast Asia; and (v) not less than $8,000,000 shall be made available to support legal and judicial reforms in Indonesia and Southeast Asia. (2) Assistance to nongovernmental organizations.--Of the amounts made available for fiscal year 1999 for assistance under title II of the Agricultural Trade Development and Assistance Act of 1954, not less than $60,000,000 shall be made available for such fiscal year to carry out subsection (a)(2)(B). (3) Availability of amounts.--Amounts made available under paragraphs (1) and (2) are authorized to remain available until expended.

Directs the Administrator of the U.S. Agency for International Development (AID) to establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia affected by the Asian financial crisis. Directs the Administrator of AID, in carrying out the food security elements of the initiative, to: (1) establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer-to-farmer, and food assistance programs; and (2) provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs (of up to four years in duration) to provide food assistance under this Act. Earmarks certain developmental and agricultural assistance and economic support fund assistance for the food security initiative, including assistance for: (1) food, medical, fuel, and other shortages in Indonesia and Southeast Asia; (2) developing political institutions and parties in Indonesia and Southeast Asia; (3) improvement of transparency and regulation of banking, financial, insurance, and securities institutions; and (4) support of legal and judicial reforms. Requires that at least 80 percent of the assistance to Indonesia be administered or distributed through indigenous nongovernmental or private voluntary organizations.

To establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Lending Enhancement and Regulatory Relief Act of 2017'' or the ``CLEAR Relief Act of 2017''. SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT OF 2002. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(d) Community Bank Exemption.-- ``(1) Definitions.--In this subsection-- ``(A) the term `bank holding company' has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); ``(B) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(C) the term `savings and loan holding company' has the meaning given the term in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)). ``(2) In general.--This section and the rules prescribed under this section shall not apply in any fiscal year to any bank holding company, savings and loan holding company, or insured depository institution that, as of the end of the preceding fiscal year, had total consolidated assets of $1,000,000,000 or less. ``(3) Adjustment of amount.--The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all bank holding companies, savings and loan holding companies, and insured depository institutions, as reported by the Federal Deposit Insurance Corporation.''. SEC. 3. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS. Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is amended-- (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (2) by striking ``The Bureau'' and inserting the following: ``(1) In general.--The Bureau''; and (3) by adding at the end the following: ``(2) Treatment of loans held by smaller institutions.--The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on the principal dwelling of a consumer, if such loan is held by an insured depository institution having assets of $10,000,000,000 or less.''. SEC. 4. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended by adding at the end the following: ``(F) Safe harbor.-- ``(i) In general.--In this section-- ``(I) the term `qualified mortgage' includes any mortgage loan that is originated and retained in portfolio for a period of not less than 3 years by a depository institution together with its affiliates has less than $10,000,000,000 in total consolidated assets; and ``(II) loans described in subclause (I) shall be deemed to meet the requirements of subsection (a). ``(ii) Exception for certain transfer.--In the case of a depository institution that transfers a loan originated by that institution to another depository institution by reason of the bankruptcy or failure of the originating depository institution or the purchase of the originating depository institution, the depository institution acquiring the loan shall be deemed to have complied with the requirement under clause (i)(I).''. SEC. 5. EXEMPTION FROM VOLCKER RULE. Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(1)) is amended-- (1) in subparagraph (D), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (3) by striking ``institution that functions solely in a trust or fiduciary capacity, if--'' and inserting the following: ``institution-- ``(A) that functions solely in a trust or fiduciary capacity, if--''; and (4) in clause (iv)(II), as redesignated, by striking the period at the end and inserting the following: ``; or ``(B) with total consolidated assets of $10,000,000,000 or less.''. SEC. 6. NO WAIT FOR LOWER MORTGAGE RATES. (a) In General.--Section 129(b) of the Truth in Lending Act (15 U.S.C. 1639(b)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) No wait for lower rate.--If a creditor extends to a consumer a second offer of credit with a lower annual percentage rate, the transaction may be consummated without regard to the period specified in paragraph (1).''. (b) Safe Harbor for Good Faith Compliance With TILA-RESPA Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5532(f)) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(1) In general.--Not later than''; and (2) by adding at the end the following: ``(2) Safe harbor for good faith compliance.-- ``(A) Safe harbor.--Notwithstanding any other provision of law, during the period described in subparagraph (B), an entity that provides the disclosures required under the Truth in Lending Act (15 U.S.C. 1601 et seq.) and sections 4 and 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603 and 2604), as in effect on July 31, 2017, shall not be subject to any civil, criminal, or administrative action or penalty for failure to fully comply with any requirement under this subsection. ``(B) Applicable period.--Subparagraph (A) shall apply to an entity during the period beginning on the date of enactment of this paragraph and ending on the date that is 30 days after the date on which a certification by the Director that the model disclosures required under paragraph (1) are accurate and in compliance with all State laws is published in the Federal Register.''.

Community Lending Enhancement and Regulatory Relief Act of 2017 or the CLEAR Relief Act of 2017 This bill amends the Sarbanes-Oxley Act of 2002 to exempt from specified reporting and attestation requirements a community bank with assets of $1 billion or less. The bill amends the Truth in Lending Act to exempt from certain escrow requirements and residential mortgage loan standards a residential mortgage loan held by a depository institution with assets of $10 billion or less. The bill further amends that Act, as well as the Consumer Protection Act of 2010, to exempt certain creditors from specified disclosure requirements. In addition, the bill amends the Bank Holding Company Act of 1956 to exempt from the Volcker Rule a depository institution with assets of $10 billion or less. (The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.)

Community Lending Enhancement and Regulatory Relief Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portfolio Lending and Mortgage Access Act''. SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS. Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is amended by adding at the end the following: ``(4) Safe harbor.-- ``(A) In general.--A residential mortgage loan shall be deemed a qualified mortgage loan for purposes of this subsection if the loan-- ``(i) is originated by, and continuously retained in the portfolio of, a covered institution; ``(ii) is in compliance with the limitations with respect to prepayment penalties described in subsections (c)(1) and (c)(3); ``(iii) is in compliance with the requirements related to points and fees under paragraph (2)(A)(vii); ``(iv) does not have negative amortization terms or interest-only terms; and ``(v) is a loan for which the covered institution considers, documents, and verifies the debt, income, and financial resources of the consumer in accordance with subparagraph (C). ``(B) Exception for certain transfers.-- Subparagraph (A) shall not apply to a residential mortgage loan if the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred to another person unless the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred-- ``(i) to another person by reason of the bankruptcy or failure of the covered institution that originated such loan; ``(ii) to an insured depository institution or insured credit union that has less than $10,000,000,000 in total consolidated assets on the date of such sale, assignment, or transfer, if the loan is retained in portfolio by such insured depository institution or insured credit union; ``(iii) pursuant to a merger of the covered institution that originated such loan with another person or the acquisition of a the covered institution that originated such loan by another person or of another person by a covered institution, if the loan is retained in portfolio by the person to whom the loan is sold, assigned, or otherwise transferred; or ``(iv) to a wholly owned subsidiary of the covered institution that originated such loan if the loan is considered to be an asset of such covered institution for regulatory accounting purposes. ``(C) Consideration and documentation requirements.--The consideration and documentation requirements described in subparagraph (A)(v) shall-- ``(i) not be construed to require compliance with, or documentation in accordance with, appendix Q to part 1026 of title 12, Code of Federal Regulations, or any successor regulation; and ``(ii) be construed to permit multiple methods of documentation. ``(D) Definitions.--In this paragraph-- ``(i) the term `covered institution' means an insured depository institution or an insured credit union that, together with its affiliates, has less than $10,000,000,000 in total consolidated assets on the date on the origination of a residential mortgage loan; ``(ii) the term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(iii) the term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(iv) the term `interest-only term' means a term of a residential mortgage loan that allows one or more of the periodic payments made under the loan to be applied solely to accrued interest and not to the principal of the loan; and ``(v) the term `negative amortization term' means a term of a residential mortgage loan under which the payment of periodic payments will result in an increase in the principal of the loan.''. Passed the House of Representatives March 6, 2018. Attest: KAREN L. HAAS, Clerk.

Portfolio Lending and Mortgage Access Act (Sec. 2) This bill amends the Truth in Lending Act to allow a depository institution or credit union with assets below a specified threshold to forgo certain ability-to-pay requirements regarding residential mortgage loans. Specifically, those requirements are waived if a loan: (1) is originated by and continuously retained by the institution, (2) complies with requirements regarding prepayment penalties and points and fees, and (3) does not have negative amortization or interest-only terms. Furthermore, for such requirements to be waived, the institution must consider and verify the debt, income, and financial resources of the consumer. The bill also provides for circumstances in which such requirements shall be waived with respect to a loan that is transferred: (1) by reason of bankruptcy or failure of the originating institution, (2) to a similar institution, (3) in the event of a merger, or (4) to a wholly owned subsidiary of the institution.

Portfolio Lending and Mortgage Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trisomy 21 Research Centers of Excellence Act of 2011''. SEC. 2. NIH DOWN SYNDROME RESEARCH ACTIVITIES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end of the title the following: ``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES. ``(a) Expansion, Intensification, and Coordination of Activities.-- ``(1) In general.--The Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, shall expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning Down syndrome. The Director of NIH shall carry out such programs in coordination with a working group composed of representatives of the relevant institutes, centers, offices, and agencies of the National Institutes of Health. ``(2) NIH research plan on down syndrome.--The Director of NIH shall publish a research plan on Down syndrome, and update it every 5 years or as appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a)(1), the Director of NIH shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. To the extent and in the amount of appropriations made in advance, the Director of NIH shall provide for the establishment of at least 6 such centers of excellence. ``(2) Basic, translational, and clinical research.--Each center receiving funds under paragraph (1) shall contribute to a comprehensive research portfolio for Down syndrome building upon the recommendations set forth in the NIH Research Plan on Down Syndrome published on October 8, 2007, have a primary focus on Down syndrome, provide an optimal venue and infrastructure for patient-oriented research, and conduct basic, clinical, and translational research on Down syndrome, including research on one or more of the following: ``(A) Early detection, diagnosis, and treatment of Down syndrome. ``(B) The biological mechanisms responsible for structural and functional anomalies in cells and tissues affected by Down syndrome. ``(C) The biological mechanisms responsible for cognitive and behavioral dysfunction resulting from Down syndrome. ``(D) Novel biomedical and pharmacological interventions designed to promote or enhance cognition and related brain functions and activities of daily living (ADLs). ``(E) Co-occurrence of and treatments for associated medical and neurobehavioral disorders. ``(F) Developmental disorders, interventions for congenital heart disease, obstructive sleep apnea, coronary heart disease, obesity, and metabolism. ``(G) Contributions of genetic variation to clinical presentation as targets for therapy. ``(H) Identification of biomarkers for complex phenotypes. ``(I) Noninvasive imaging in support of efforts regarding other genotype and phenotypes of Down syndrome. ``(J) Pharmacological and other therapies for common features of Down syndrome including Alzheimer's disease and other Down syndrome-related disorders. ``(K) Research related to improving the quality of life for individuals with Down syndrome and their families. ``(L) Research training programs aimed at increasing the numbers of scientists who are trained to carry out these research directions. ``(3) Services for patients.-- ``(A) In general.--A center receiving funds under paragraph (1) shall expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers receiving funds under such paragraph. ``(B) Referrals and costs.--A program under subparagraph (A) shall, in accordance with such criteria as the Director of NIH may establish, provide to the subjects described in such subparagraph referrals for health and other services and such patient care costs as are required for research. ``(C) Availability and access.--In awarding grants under this section, the Director of NIH shall require the applicant to demonstrate, and shall take into consideration, the availability of and access to health and medical services described in subparagraph (B). ``(4) Training program for clinicians and scientists.--Each center receiving funds under paragraph (1) shall establish or expand training programs for medical and allied health clinicians and scientists in research relevant to Down syndrome. ``(5) Coordination of centers; reports.--The Director of NIH shall-- ``(A) provide for the coordination of information sharing among the centers receiving funds under paragraph (1) and ensure regular communication among such centers; and ``(B) require the centers to submit periodic reports to the Director on their activities. ``(6) Organization of centers.--Each center receiving funds under paragraph (1) shall use the facilities of a single institution meeting such requirements as may be prescribed by the Director of NIH, be formed from a virtual consortium or network of such institutions, or both. ``(7) Duration of support.-- ``(A) In general.--Subject to subparagraph (B), the Director of NIH may not provide support to a center receiving funds under paragraph (1) for a period of more than 5 years. ``(B) Extension.--The period referred to in subparagraph (A) may be extended for 1 or more additional periods not exceeding 5 years if-- ``(i) the operations of the center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH; and ``(ii) such group has recommended to the Director that such period be extended. ``(c) Down Syndrome Consortium.--In carrying out subsection (a)(1), the Director of NIH may establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by assuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. ``(d) Report to Congress.--Not later than January 1, 2012, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this section. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $6,000,000 for each of fiscal years 2012 through 2017.''.

Trisomy 21 Research Centers of Excellence of 2011- Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate. Requires the Director of NIH to award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. Sets forth requirements for such centers, which shall include: (1) contributing to a comprehensive research portfolio for Down syndrome, (2) having a primary focus on Down syndrome, (3) providing an optimal venue and infrastructure for patient-oriented research, and (4) conducting basic, clinical, and translational research on Down syndrome in specified areas. Authorizes the Director of NIH to establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective.

To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health with respect to translational research and related activities concerning Down syndrome, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Election Audit Act of 2008''. SEC. 2. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 GENERAL ELECTIONS. (a) Payments.-- (1) Eligibility for payments.--If a State conducts manual audits of the results of any of the regularly scheduled general elections for Federal office in November 2008 (and, at the option of the State, conducts audits of elections for State and local office held at the same time as such election) in accordance with the requirements of this section, the Election Assistance Commission (hereafter in this Act referred to as the ``Commission'') shall make a payment to the State in an amount equal to the documented reasonable costs incurred by the State in conducting the audits. (2) Certification of compliance and costs.-- (A) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing-- (i) a certification that the State conducted the audits in accordance with all of the requirements of this section; (ii) a statement of the reasonable costs incurred in conducting the audits; and (iii) such other information and assurances as the Commission may require. (B) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred in conducting the audits. (C) Determination of reasonableness of costs.--The determinations under this paragraph of whether costs incurred by a State are reasonable shall be made by the Commission. (3) Timing of payments.--The Commission shall make the payment required under this section to a State not later than 30 days after receiving the statement submitted by the State under paragraph (2). (4) Mandatory immediate reimbursement of counties and other jurisdictions.--If a county or other jurisdiction responsible for the administration of an election in a State incurs costs as the result of the State conducting an audit of the election in accordance with this section, the State shall reimburse the county or jurisdiction for such costs immediately upon receiving the payment from the Commission under paragraph (3). (5) Authorization of appropriations.--There are authorized to be appropriated to the Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended. (b) Audit Requirements.--In order to receive a payment under this section for conducting an audit, the State shall meet the following minimum requirements: (1) Not later than 30 days before the date of the regularly scheduled general election for Federal office in November 2008, the State shall establish and publish guidelines, standards, and procedures to be used in conducting audits in accordance with this section. (2) The State shall select an appropriate entity to oversee the administration of the audit, in accordance with such criteria as the State considers appropriate consistent with the requirements of this section, except that the entity must meet a general standard of independence as defined by the State. (3) The State shall determine whether the units in which the audit will be conducted will be precincts or some alternative auditing unit, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section. (4) The State shall select the precincts or alternative auditing units in which audits are conducted in accordance with this section in a random manner following the election after the final unofficial vote count (as defined by the State) has been announced, such that each precinct or alternative auditing unit in which the election was held has an equal chance of being selected, subject to paragraph (9), except that the State shall ensure that at least one precinct or alternative auditing unit is selected in each county in which the election is held. (5) The audit shall be conducted in not less than 2 percent of the precincts or alternative auditing units in the State (in the case of a general election for the office of Senator) or the Congressional district involved (in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress). (6) The State shall determine the stage of the tabulation process at which the audit will be conducted, and shall apply that determination in a uniform manner for all audits conducted in accordance with this section, except that the audit shall commence within 48 hours after the State or jurisdiction involved announces the final unofficial vote count (as defined by the State) in each precinct in which votes are cast in the election which is the subject of the audit. (7) With respect to each precinct or alternative audit unit audited, the State shall ensure that a voter verified paper ballot or paper ballot printout verifiable by the voter at the time the vote is cast is available for every vote cast in the precinct or alternative audit unit, and that the tally produced by counting all of those paper ballots or paper ballot printouts by hand is compared with the corresponding final unofficial vote count (as defined by the State) announced with respect to that precinct or audit unit in the election. (8) Within each precinct or alternative audit unit, the audit shall include all ballots cast by all individuals who voted in or who are under the jurisdiction of the precinct or alternative audit unit with respect to the election, including absentee ballots (subject to paragraph (9)), early ballots, emergency ballots, and provisional ballots, without regard to the time, place, or manner in which the ballots were cast. (9) If a State establishes a separate precinct for purposes of counting the absentee ballots cast in the election and treats all absentee ballots as having been cast in that precinct, and if the state does not make absentee ballots sortable by precinct and include those ballots in the hand count, the State may divide absentee ballots into audit units approximately equal in size to the average precinct in the State in terms of the number of ballots cast, and shall randomly select and include at least 2 percent of those audit units in the audit. Any audit carried out with respect to such an audit unit shall meet the completeness requirement and the other standards set forth under paragraph (7) and applicable to audits carried out with respect to other precincts and alternative audit units, including the requirement that all paper ballots be counted by hand. (10) The audit shall be conducted in a public and transparent manner, such that members of the public are able to observe the entire process. (c) Collection and Submission of Audit Results; Publication.-- (1) State submission of report.--In order to receive a payment under this section, a State shall submit to the Commission a report, in such form as the Commission may require, on the results of each audit conducted under this section. (2) Commission action.--The Commission may request additional information from a State based on the report submitted under paragraph (1). (3) Publication.--The Commission shall publish each report submitted under paragraph (1) upon receipt. (d) Delay in Certification of Results by State.--No State may certify the results of any election which is subject to an audit under this section prior to completing the audit, resolving discrepancies discovered in the audit, and submitting the report required under subsection (c). (e) State Defined.--In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands.

Emergency Election Audit Act of 2008 - Requires the Election Assistance Commission to reimburse states for the reasonable costs incurred in conducting manual audits, meeting specified requirements, of the results of the general elections for federal office to be held in November 2008. Requires such payments also if, at the state's option, the state conducts audits of elections for state and local office held at the same time as the general election.

To direct the Election Assistance Commission to reimburse jurisdictions for the costs incurred in conducting manual audits of the results of the general elections for Federal office to be held in November 2008.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Transportation Improvement Act''. SEC. 2. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following: ``SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM. ``(a) Findings and Purpose.-- ``(1) Findings.--Congress finds that public roads owned by States-- ``(A) can provide valuable assistance to the Federal Government in ensuring adequate and safe transportation to, in, and across federally owned land and Indian reservations; and ``(B) supplement the efforts of the Federal Government in developing and maintaining roads to serve federally owned land and Indian reservations. ``(2) Purpose.--The purpose of this section is to further the Federal interest in State-owned or State-maintained roads that provide transportation to, in, or across federally owned land or Indian reservations by establishing the Cooperative Federal Lands Transportation Program. ``(b) Program.--There is established the Cooperative Federal Lands Transportation Program (referred to in this section as the `program'). Funds available for the program may be used for projects, or portions of projects, on State-owned or State-maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Such projects shall be proposed by a State and selected by the Secretary. A project proposed by a State under this section shall be on a highway owned or maintained by the State and may be a highway construction or maintenance project eligible under this title or any project of a type described in section 204(h). ``(c) Distribution of Funds for Projects.-- ``(1) In general.-- ``(A) In general.--The Secretary-- ``(i) after consultation with the Administrator of General Services, the Secretary of the Interior, and the heads of other agencies as appropriate, shall determine the percentage of the total land in each State that is owned by the Federal Government or that is held by the Federal Government in trust; ``(ii) shall determine the sum of the percentages determined under clause (i) for States with respect to which the percentage is 4.5 or greater; and ``(iii) shall determine for each State included in the determination under clause (ii) the percentage obtained by dividing-- ``(I) the percentage for the State determined under clause (i); by ``(II) the sum determined under clause (ii). ``(B) Adjustment.--The Secretary shall-- ``(i) reduce any percentage determined under subparagraph (A)(iii) that is greater than 7.5 percent to 7.5 percent; and ``(ii) redistribute the percentage points equal to any reduction under clause (i) among other States included in the determination under subparagraph (A)(ii) in proportion to the percentages for those States determined under subparagraph (A)(iii). ``(2) Availability to states.--Except as provided in paragraph (3), for each fiscal year, the Secretary shall make funds available to carry out eligible projects in a State in an amount equal to the amount obtained by multiplying-- ``(A) the percentage for the State, if any, determined under paragraph (1); by ``(B) the funds made available for the program for the fiscal year. ``(3) Selection of projects.--The Secretary may establish deadlines for States to submit proposed projects for funding under this section, except that in the case of fiscal year 1998 the deadline may not be earlier than January 1, 1998. For each fiscal year, if a State does not have pending, by that deadline, applications for projects with an estimated cost equal to at least 3 times the amount for the State determined under paragraph (2), the Secretary may distribute, to 1 or more other States, at the Secretary's discretion, \1/3\ of the amount by which the estimated cost of the State's applications is less than 3 times the amount for the State determined under paragraph (2). ``(d) Transfers.-- ``(1) In general.--Notwithstanding any other provision of law, a State and the Secretary may agree to transfer amounts made available to a State under this section for use in carrying out projects on any Federal lands highway that is located in the State. ``(2) Special rule.--This paragraph applies to a State that contains a national park that was visited by more than 2,500,000 people in 1996 and comprises more than 3,000 square miles of land area, including surface water, that is located in the State. For such a State, 50 percent of the amount that would otherwise be made available to the State for each fiscal year under the program shall be made available only for eligible highway uses in the national park and within the borders of the State. For the purpose of making allocations under section 202(c), the Secretary may not take into account the past or future availability, for use on park roads and parkways in a national park, of funds made available for use in a national park by this paragraph.''. (b) Definition of Federal Lands Highway Investment.--Section 101(a) of title 23, United States Code, is amended-- (1) by adding at the end the following: ``The term `Federal lands highway investment' means funds authorized for the Federal lands highways program or the Cooperative Federal Lands Transportation Program under chapter 2.''; and (2) by reordering the undesignated paragraphs so that they are in alphabetical order. (c) Conforming Amendment.--The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 205 the following: ``206. Cooperative Federal Lands Transportation Program.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), for the Cooperative Federal Lands Transportation Program under section 206 of title 23, United States Code, $200,000,000 for each of the fiscal years 1998 through 2002.

Federal Lands Transportation Improvement Act - Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Authorizes appropriations.

Federal Lands Transportation Improvement Act

SEC. 1. SHORT TITLE. This Act may be cited as the ``National Park Anniversaries-Great American Spaces Commemorative Coin Act''. SEC. 2. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Park Foundation is the congressionally- chartered nonprofit partner of America's National Parks. (2) The mission of the National Park Foundation is to strengthen the enduring connection between the American people and their National Parks by raising private funds, making strategic grants, creating innovative partnerships and increasing public awareness of National Parks. (3) The parks represented in this program represent some of the most beloved and treasured National Parks in America. (4) The National Park Service was established in 1916, to preserve and protect great scenic parks such as Grand Canyon and Yosemite, while also managing battlefields such as Gettysburg and historical sites such as the Lincoln Memorial. (5) Theodore Roosevelt said that nothing short of defending this country in wartime ``compares in importance with the great task of leaving this land even a better land for our descendants than it is for us''. (6) Parks established under the presidency of Theodore Roosevelt, such as Grand Canyon and Devil's Tower, are the embodiment of that ideal. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins for National Parks Observing Historic Anniversaries of Their Founding.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins for each of the National Parks specified in section 4(d), each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be developed in consultation with the National Park Foundation, and shall be emblematic of the National Park being commemorated on each coin. (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 in which the coin is minted; 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 Commission of Fine Arts and the National Parks Foundation; and (2) reviewed by the Citizens Advisory Committee established under section 5135 of title 31, United States Code. (c) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (d) National Parks to Be Commemorated.--The National Parks to be commemorated, the year of commemoration, and the anniversary to be observed are as follows: National Park or Park Year of Issuance Service Anniversary 2007............................. Devils Tower National 100th Monument. 2008............................. Grand Canyon National 100th Park. 2010............................. Glacier National Park 100th 2011............................. Lincoln Memorial..... 100th 2014............................. Yosemite National 150th Park. 2015............................. Rocky Mountain 100th National Park. 2016............................. National Park Service 100th 2017............................. Denali National Park. 100th 2018............................. Acadia National Park. 100th 2019............................. Zion National Park... 100th 2020............................. Gettysburg National 125th Military Park. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1 of the year of issuance, as specified in section 4(d), except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31 of the year of issuance specified in section 4(d). SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing other coins authorized by this Act. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for use as follows: (1) 50 percent of the surcharges received shall be used by the National Park Foundation in support of all National Parks. (2) 50 percent of the surcharges received shall be used by the National Park Foundation for the benefit of the National Parks designated in section 4(d) (in addition to any amount allocable to any such Park from expenditures of amounts under paragraph (1). (c) Audits.--The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received_ (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louisiana Rice Economic Relief Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The rice industry in the State of Louisiana contributes significantly to the economy of that State and the United States, with an estimated annual value of approximately $250,000,000 and an estimated average annual economic benefit of approximately $1,000,000,000. (2) For the 2002 crop of rice, rice producers in the State of Louisiana suffered from the lowest rice prices in more than 50 years. (3) Since most of the 2002 crop of rice in the State of Louisiana was sold during the harvest season, the market- derived income of producers from the sale of rice fell to record low levels. (4) The historically-low income of producers from the sale of rice in the State of Louisiana, even when combined with Federal income support, still is devastating to-- (A) rice producers in the State; (B) the rice industry infrastructure of the State; (C) businesses that serve and depend on the rice industry; and (D) communities in which rice producers and their families reside and in which the rice industry operates. (5) Because of the significant reduction in total income and the current costs of production, many rice producers of the State of Louisiana will not cover the total expenses they incurred to produce and harvest the 2002 crop. (6) The historically-low prices of the 2002 crop of rice in the State of Louisiana have contributed to a combined market price and Federal support income level that is approximately $2.42 per hundredweight less than the average combined market price and Federal support income levels during the 1998 through 2001 period, which is approximately 22 percent below the average income level for the State for the same time period. (7) Due to the historically-low rice prices and reduced income, rice producers in the State of Louisiana and their families are faced with dire economic circumstances that are crippling them and the communities in which they live and work. SEC. 3. ECONOMIC DISASTER ASSISTANCE FOR LOUISIANA RICE PRODUCERS. (a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make payments, as soon as practicable after the date of enactment of this Act, to producers of the 2002 crop of rice on farms located in the State of Louisiana, to assist producers as a result of the disastrous economic conditions occurring with the 2002 crop of rice. (b) Amount.--The amount of a payment made to producers on a farm under this section shall be equal to the product obtained by multiplying-- (1) the actual quantity of rice produced by the producers on the farm during the 2002 crop year; and (2) a payment rate of $2.42 per hundredweight. (c) Payment Limitation.-- (1) In general.--The total amount of payments that a person shall be entitled to receive under this section may not exceed $40,000. (2) Regulations.--The Secretary shall promulgate regulations defining the term ``person'' for the purposes of paragraph (1), which shall conform, to the maximum extent practicable, to the regulations defining the term ``person'' promulgated under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). The Secretary also shall promulgate such additional regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under such paragraph. (d) Information.--In carrying out this section, the Secretary shall, to the maximum extent practicable-- (1) use information that the Secretary has obtained from administering other provisions of law; and (2) minimize any additional information or requirements that are imposed on eligible producers. (e) Administrative Offset.--Payments under this section shall not be subject to administrative offset, including administrative offset under chapter 37 of title 31, United States Code, or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). SEC. 4. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 5. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 6. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).

Louisiana Rice Economic Relief Act of 2003 - Directs the Secretary of Agriculture to provide economic disaster assistance ($40,000 maximum per person) to producers of the 2002 rice crop in Louisiana.

To provide economic disaster assistance to producers of the 2002 crop of rice in the State of Louisiana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian River Land Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Certain lands adjacent to the Russian River in the area of its confluence with the Kenai River contain abundant archaeological resources of significance to the Native people of the Cook Inlet Region, the Kenaitze Indian Tribe, and the citizens of the United States. (2) Those lands at the confluence of the Russian River and Kenai River contain abundant fisheries resources of great significance to the citizens of Alaska. (3) Cook Inlet Region, Inc., an Alaska Native Regional Corporation formed under the provisions of the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in this Act referred to as ``ANCSA''), has selected lands in the area pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)), for their values as historic and cemetery sites. (4) The United States Bureau of Land Management, the Federal agency responsible for the adjudication of ANCSA selections has not finished adjudicating Cook Inlet Region, Inc.'s selections under section 14(h)(1) of that Act as of the date of the enactment of this Act. (5) The Bureau of Indian Affairs has certified a portion of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA as containing prehistoric and historic cultural artifacts, and meeting the requirements of section 14(h)(1) of that Act. (6) A portion of the selections under section 14(h)(1) of ANCSA made by Cook Inlet Region, Inc., and certified by the Bureau of Indian Affairs lies within the Chugach National Forest over which the United States Forest Service is the agency currently responsible for the administration of public activities, archaeological features, and natural resources. (7) A portion of the selections under section 14(h)(1) of ANCSA and the lands certified by the Bureau of Indian Affairs lies within the Kenai National Wildlife Refuge over which the United States Fish and Wildlife Service is the land managing agency currently responsible for the administration of public activities, archaeological features, and natural resources. (8) The area addressed by this Act lies within the Sqilantnu Archaeological District which was determined eligible for the National Register of Historic Places on December 31, 1981. (9) Both the Forest Service and the Fish and Wildlife Service dispute the validity and timeliness of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA. (10) The Forest Service, Fish and Wildlife Service, and Cook Inlet Region, Inc., determined that it was in the interest of the United States and Cook Inlet Region, Inc., to-- (A) protect and preserve the outstanding historic, cultural, and natural resources of the area; (B) resolve their disputes concerning the validity of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA without litigation; and (C) provide for the management of public use of the area and protection of the cultural resources within the Sqilantnu Archaeological District, particularly the management of the area at the confluence of the Russian and Kenai Rivers. (11) Legislation is required to enact the resolution reached by the Forest Service, the Fish and Wildlife Service, and Cook Inlet Region, Inc. (b) Purpose.--It is the purpose of this Act to ratify an agreement between the Department of Agriculture, the Department of the Interior, and Cook Inlet Region, Inc. SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND COOK INLET REGION, INC. (a) Ratification of Agreement.-- (1) In general.--The terms, conditions, covenants, and procedures set forth in the document entitled ``Russian River Section 14(h)(1) Selection Agreement'', which was executed by Cook Inlet Region, Inc., the United States Department of Agriculture, and the United States Department of the Interior on July 26, 2001, (hereinafter in this Act referred to as the ``Agreement''), are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Cook Inlet Region, Inc., as a matter of Federal law. (2) Section 5.--The ratification of section 5 of the Agreement is subject to the following conditions: (A) The Fish and Wildlife Service shall consult with interested parties when developing an exchange under section 5 of the Agreement. (B) The Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a copy of the agreement implementing any exchange under section 5 of the Agreement not less than 30 days before the exchange becomes effective. (3) Agreement controls.--In the event any of the terms of the Agreement conflict with any other provision of law, the terms of the Agreement shall be controlling. (b) Authorization of Actions.--The Secretaries of Agriculture and the Interior are authorized to take all actions required under the terms of the Agreement. SEC. 4. AUTHORIZATION OF APPROPRIATION. (a) In General.--There is authorized to be appropriated to the Department of Agriculture, Office of State and Private Forestry, $13,800,000, to remain available until expended, for Cook Inlet Region, Inc., for the following: (1) Costs for the planning and design of the Joint Visitor's Interpretive Center. (2) Planning and design of the Sqilantnu Archaeological Research Center. (3) Construction of these facilities to be established in accordance with and for the purposes set forth in the Agreement. (b) Limitation on Use of Funds.--Of the amount appropriated under this section, not more than 1 percent may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in the planning and design of the Joint Visitor's Interpretive Center and the Sqilantnu Archaeological Research Center. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement (the "Agreement") between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Subjects the ratification of section five of the Agreement to the following conditions: (1) the Fish and Wildlife Service shall consult with interested parties when developing an exchange under such section; and (2) the Secretary of the Interior shall submit to Congress copies of the agreement implementing any exchange under such section at least 30 days before the exchange becomes effective.Declares that if any terms of the Agreement conflict with any other provision of law, the Agreement's terms shall take precedence, and authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of the Agreement.(Sec. 4) Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.Limits to one percent of appropriated funds the amount that may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting the Corporation to plan and design the Visitor's Center and the Archaeological Center.

To resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Liquidity Act of 2003''. SEC. 2. PILOT PROGRAM FOR GUARANTEES ON POOLS OF NON-SBA LOANS. Title IV of the Small Business Investment Act of 1958 (15 U.S.C. 692 et seq.) is amended by adding at the end the following: ``Part C--Credit Enhancement Guarantees ``Sec. 420. (a)(1) The Administration is authorized, upon such terms and conditions as it may prescribe, in order to encourage lenders to increase the availability of small business financing by improving such lenders' access to reasonable sources of funding, to provide a credit enhancement guarantee, or commitment to guarantee, of the timely payment of a portion of the principal and interest on securities issued and managed by not less than 2 qualified entities authorized and approved by the Administration. ``(2) The entities authorized under this subsection to act as issuers and managers of pools or trusts of loans shall be well- capitalized, as defined by the Administration, and shall maintain sufficient reserves to allow securities to be issued representing interests in each pool or trust that are rated as investment grade by a nationally-recognized rating agency. ``(3) The authority of the entities authorized under this subsection shall be reviewed annually by the Administration and may be renewed upon the satisfactory completion of such review. ``(4) The Administration shall set and maintain standards for entities authorized under this subsection, including standards relating to delinquency, default, liquidation, and loss rates. ``(5) If an entity authorized under this subsection fails to meet the standards set pursuant to paragraph (4), the Administration may terminate the entity's participation in the pilot program under this subsection. ``(b)(1)(A) The Administration may provide its credit enhancement guarantees in respect of securities that represent interests in, or other obligations issued by, a trust, pool, or other entity whose assets (other than the Administration's credit enhancement guarantee and credit enhancements provided by other parties) consist of loans made to small business concerns. ``(B) As used in this paragraph, the term `small business concern' has the meaning given that term in either the Small Business Act (15 U.S.C. 631 et seq.) or this Act (15 U.S.C. 661 et seq.). ``(2) The credit enhancement guarantees provided by the Administration under paragraph (1) shall be second-loss guarantees that are only available after the full payment of credit enhancement guarantees offered by the entities authorized to act as issuers and managers of pools or trusts of loans under this section. ``(3) A pool or trust of loans shall not be eligible for guarantees under this section-- ``(A) if the value of such loans exceeds $350,000,000 in fiscal year 2004; ``(B) if the value of such loans exceeds $400,000,000 in fiscal year 2005; or ``(C) if the value of such loans exceeds $450,000,000 in fiscal year 2006. ``(4) All loans under paragraph (1) shall be originated, purchased, or assembled and managed consistent with requirements prescribed by the Administration in connection with this credit enhancement guarantee program. ``(5) The Administration shall prescribe requirements to be observed by the issuers and managers of the securities covered by credit enhancement guarantees to ensure the safety and soundness of the credit enhancement guarantee program. ``(c) The full faith and credit of the United States is pledged to the payment of all amounts the Administration may be required to pay as a result of credit enhancement guarantees under this section. ``(d)(1) The Administration may issue credit enhancement guarantees in an amount-- ``(A) not to exceed $2,100,000,000 in fiscal year 2004; ``(B) not to exceed $3,250,000,000 in fiscal year 2005; and ``(C) not to exceed $4,500,000,000 in fiscal year 2006. ``(2) The Administration shall set the percentage and priority of each credit enhancement guarantee on issued securities at a level not to exceed 25 percent of the value of the securities so that the amount of the Administration's anticipated net loss (if any) as a result of such guarantee is fully reserved in a credit subsidy account funded wholly by fees collected by the Administration from the issuers or managers of the pool or trust. ``(3) The Administration shall charge and collect a fee from the issuer based on the Administration's guaranteed amount of issued securities, and the amount of such fee shall equal the estimated credit subsidy cost of the Administration's credit enhancement guarantee. ``(4) The fees provided for under this subsection shall be adjusted annually, as necessary, by the Administration. ``(5) The Federal government shall not appropriate any funds to finance credit enhancement guarantees under this section. ``(e) Report and Analysis.-- ``(1) Report.-- ``(A) In general.--During the development and implementation of the pilot program, the Administrator shall submit a report on the status of the pilot program under this section to Congress in each annual budget request and performance plan. ``(B) Contents.--The report submitted under subparagraph (A) shall include, among other items, information about the loans in the pools or trusts, including delinquency, default, loss, and recovery rates. ``(2) Analysis and report.--Not later than December 30, 2005, the Comptroller General shall-- ``(A) conduct an analysis of the pilot program under this section; and ``(B) submit a report to Congress that contains a summary of the analysis conducted under subparagraph (A) and a description of any effects, not attributable to other causes, of the pilot program on the lending programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of this Act. ``(3) Implementation.-- ``(A) Report.--After completing operational guidelines to carry out the pilot program under this section, the Administration shall submit a report, which describes the method in which the pilot program will be implemented, to-- ``(i) the Committee on Small Business and Entrepreneurship of the Senate; and ``(ii) the Committee on Small Business of the House of Representatives. ``(B) Timing.--The Administration shall not implement the pilot program under this section until the date that is 50 days after the report has been submitted under subparagraph (A). ``(f) Sunset Provision.--This section shall remain in effect until September 30, 2006.''.

Small Business Credit Liquidity Act of 2003 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA), in order to encourage lenders to increase the availability of small business financing by improving lender access to reasonable funding sources, to provide a credit enhancement guarantee of, or a commitment to guarantee, a portion of the principal and interest on securities issued and managed by not less than two qualified entities authorized and approved by the SBA. Requires the SBA to set and maintain standards for qualified entities, including standards relating to delinquency, default, liquidation, and loss rates. Makes the SBA's credit enhancement guarantees second-loss guarantees, available only after the full payment of guarantees offered by the qualified entities authorized to act as issuers and managers of pools or trusts of loans. Provides loan pool or trust requirements and credit enhancement limits for FY 2004 through 2006. Directs the SBA to charge and collect a fee from issuers based on the SBA's guaranteed amount of issued securities.

A bill to amend title IV of the Small Business Investment Act of 1958, relating to a pilot program for credit enhancement guarantees on pools of non-SBA loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Reform and Enforcement Act of 2005'' or ``CARE Act of 2005''. TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD PROTECTION FUNDS SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS. (a) Child Abuse Prevention and Treatment Act.--Beginning 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall reduce, by 25 percent, the allocation to a State for a fiscal year under title I of the Child Abuse Prevention and Treatment Act that does not meet each of the requirements of title II of this Act. (b) National Child Protection Act of 1993.--Beginning 1 year after the date of the enactment of this Act, the Attorney General shall reduce, by 25 percent, amounts under a grant under section 4(b) of the National Child Protection Act of 1993 to a State for a fiscal year that does not meet each of the requirements of title II of this Act. (c) Redistribution of Funds.--The Attorney General shall, using funds withheld under this section and amounts appropriated pursuant to the authorization of appropriations under section 102, provide grants to States that meet the requirements of title II of this Act. A grant made under this subsection shall be used-- (1) for the computerization of data and criminal history files for purposes of title II of this Act; (2) for the improvement of existing data and computerized criminal history files for purposes of title II of this Act; and (3) to assist the State in the transmittal of data and criminal records to, or the indexing of data and criminal history records in, the national data and criminal history systems for purposes of title II of this Act. SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION. There are authorized to be appropriated for additional grants under section 101(c) $50,000,000 for each of the fiscal years 2006 through 2009. TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE. (a) State Study of Laws Regarding Intrafamilial and Extrafamilial Child Sexual Abuse.--A State meets the requirements of this subsection if, not later than 1 year after the date of enactment of this Act, the State-- (1) has studied the laws in the State that apply to intrafamilial and extrafamilial sexual abuse of children; and (2) has examined, at a minimum-- (A) issues concerning differences in laws applicable to intrafamilial and extrafamilial child sexual abuse; (B) issues concerning disparities in charging and sentencing perpetrators of child sexual abuse, resulting from differences in applicable laws; and (C) issues concerning legislative actions necessary to equalize charging and sentencing of perpetrators of sexual abuse without regard to familial relationship of perpetrator to child victim. (b) Report to the Attorney General.--A State meets the requirements of this subsection if the State submits to the Attorney General a report that contains the results of the study conducted under subsection (a). (c) Legislative Actions to Equalize Sentencing Requirements.-- (1) In general.--Except as provided in paragraph (2), a State meets the requirements of this subsection if, not later than 1 year after the date of enactment of this Act, the State has implemented legislative actions necessary to equalize charging and sentencing of perpetrators of sexual abuse without regard to familial relationship of perpetrator to child victim. (2) Exception.--The Attorney General may provide for an extension of the 1-year time requirement in paragraph (1) for any State if the Attorney General determines that State legislation (other than legislation appropriating funds) is required to meet the additional requirements imposed by this Act. SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF CHILDREN. A State meets the requirements of this section if the State-- (1) compiles and analyzes data relating to intrafamilial and extrafamilial sexual abuse of children; (2) promotes regulations requiring the gathering of such data by State courts and State agencies for compilation and analysis purposes; (3) provides, on an annual basis, to the Attorney General, the Secretary of Health and Human Services, and the Bureau of Justice Statistics a report containing the data referred to in paragraph (1) and a description of the regulations referred to in paragraph (2).

Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act. Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform. Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

To promote the improvement of information on, and protections against, child sexual abuse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Living Wage Responsibility Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to data from fiscal year 1999, approximately 162,000 Federal contract workers did not earn a wage sufficient to lift a family of four out of poverty. Just under 60 percent of these poorly paid workers work for large firms and 62 percent work on Department of Defense contracts. These workers represent 11 percent of the total 1.4 million Federal contract workers in the United States. (2) As of September 2000, 14,356 workers employed by the Federal Government earned less than the poverty level for a family of four. (3) A majority of workers earning less than a living wage are adult females working full-time. A disproportionate number of workers earning less than a living wage are minorities. (4) The Federal Government provides billions of dollars to businesses each year, through spending programs, grants and Government-favored financing. (5) In fiscal year 1999, the Federal Government awarded contracts worth over $208 billion. (6) Congress must ensure that Federal dollars are used responsibly to improve the economic security and well-being of Americans across the country. SEC. 3. POVERTY-LEVEL WAGE. (a) General Rule.--Notwithstanding any other law that does not specifically exempt itself from this Act and except as provided in subsection (b), the Federal Government and any employer under a Federal contract for an amount exceeding $10,000 (or a subcontract under such a contract) shall pay to each of their respective workers-- (1) an hourly wage (or salary equivalent) sufficient for a worker to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four (as published in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))); and (2) an additional amount, determined by the Secretary based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer. (b) Exemptions.--Subsection (a) does not apply to the following: (1) A small-business concern (as that term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (2) A nonprofit organization exempt from Federal income tax under section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)), if the ratio of the total wages of the chief executive officer of such organization to the wages of the full-time equivalent of the lowest paid worker is not greater than 25 to 1. (c) Retaliation Prohibited.--It shall be unlawful for any employer subject to subsection (a) to terminate or suspend the employment of a worker on the basis of such worker's allegation of a violation of subsection (a). (d) Contract Requirement.--Any contract subject to subsection (a) shall contain a provision requiring the Federal contractor to ensure that any worker hired under such contract (or a subcontract thereof) shall be paid in accordance with subsection (a). SEC. 4. ENFORCEMENT BY SECRETARY. (a) In General.--If the Secretary determines (in a written finding setting forth a detailed explanation of such determination), after notice and an opportunity for a hearing on the record, that a Federal contractor (or any subcontractor thereof) subject to section 3 has engaged in a pattern or practice of violations of section 3, the following shall apply to such Federal contractor: (1) Contract cancellation.--After final adjudication of a pattern or practice of violations, the United States may cancel any contract (or the remainder thereof) with the Federal contractor that is a part of the pattern or practice of violations. (2) Restitution.--A Federal contractor whose contract is cancelled under paragraph (1) shall be liable to the United States in an amount equal to the costs to the Government in obtaining a replacement contractor to cover the remainder of any contract cancelled under paragraph (1). (3) Contract ineligibility.--After final adjudication of a pattern or practice of violations, the Federal contractor shall be ineligible to enter into, extend, or renew a contract with the United States for a period of five years after the date of such adjudication. (4) Publication.--Not later than 90 days after final adjudication of a pattern or practice of violations, the Secretary shall publish in the Federal Register a notice describing the ineligibility of the Federal contractor under paragraph (3). (b) Safe Harbor.--Subsection (a) shall not apply if-- (1) the Federal contractor has entered into a consent agreement with the Secretary with regard to a pattern or practice of violations of section 3 and has paid to any aggrieved workers all wages due them, to the satisfaction of the Secretary; or (2) the Secretary determines, after consultation with the affected Government entity, that cancellation or debarment under subsection (a) would not be in the best interests of the Nation or of such Government entity. (c) Judicial Review.--Any Federal contractor aggrieved by an adverse determination of the Secretary under subsection (a) may seek review of such determination in an appropriate court. SEC. 5. EMERGENCIES. The President may suspend the provisions of this Act in times of emergency. SEC. 6. PRIVATE RIGHT OF ACTION. (a) Action.--A worker aggrieved by a violation of section 3 may, in a civil action, recover appropriate relief. A civil action under this section shall be filed not later than 3 years after the commission of such violation. A civil action may not be brought under this section if an employer subject to section 3 has paid or reinstated the worker as a result of an administrative action under section 4. (b) Relief.--In this section, the term ``appropriate relief'' means-- (1) injunction of a violation of section 3; (2) actual damages or, if the court finds that the employer willfully violated section 3, three times actual damages; (3) reasonable attorney fees and the costs of the action; and (4) any other relief the court deems appropriate in the circumstances of the case. SEC. 7. RULEMAKING. The Secretary shall make rules to carry out this Act, which shall take effect not later than 120 days after the date of enactment of this Act. SEC. 8. DEFINITIONS. In this Act: (1) The term ``employer'' means a person who has economic power to set a worker's terms and conditions of employment, regardless of the formality of an employment relationship. (2) The term ``fringe benefits'' means-- (A) medical or hospital care or contributions to a health insurance plan; (B) contributions to a retirement plan; (C) life insurance; (D) disability insurance; and (E) vacation and holiday pay. (3) The term ``Secretary'' means the Secretary of Labor.

Federal Living Wage Responsibility Act - Requires the Federal government and any employer under a Federal contract or subcontract exceeding $10,000 to pay each of their respective workers: (1) an hourly wage (or salary equivalent) necessary for such employee to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four; and (2) an additional amount, based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer.Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1.Directs the Secretary of Labor to enforce this Act. Makes Federal contractors that are part of a pattern or practice of violations of such wage requirements subject to Federal contract suspension, a five-year ineligibility period, and liability for Government costs of obtaining a replacement contractor. Provides for judicial review of the Secretary's determinations, and authorizes the President to suspend the provisions of this Act in times of emergency. Allows an aggrieved worker to bring a civil action against an employer for appropriate relief for a violation of this Act, if the employer has not paid or reinstated the worker as a result of the administrative action.

To provide for livable wages for Federal Government workers and workers hired under Federal contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pollution and Costs Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) actions taken to reduce emissions of air pollutants, as defined in section 302 of the Clean Air Act (42 U.S.C. 7602), will spur investments that create new jobs and foster innovation and entrepreneurship in clean technology industries; and (2) according to the Environmental Protection Agency-- (A) the average building wastes 30 percent of the energy consumed by the building because of inefficiency; and (B) the operating costs of the nearly 5,000,000 buildings in the United States exceed $100,000,000,000 per year. SEC. 3. BUILDING POLLUTION REDUCTION PROGRAM. Section 105 of the Clean Air Act (42 U.S.C. 7405) is amended by adding at the end the following: ``(f) Building Pollution Reduction Program.-- ``(1) Definitions.--In this subsection: ``(A) Air pollutant.--The term `air pollutant' has the meaning given the term in section 302. ``(B) Emissions.--The term `emissions' means-- ``(i) direct emissions of an air pollutant from sources that are owned or controlled by an owner of a building; and ``(ii) indirect emissions of an air pollutant resulting from the generation of electricity, heat, or steam purchased by the owner of a building. ``(2) Program.--The Administrator shall establish and carry out a program, to be known as the `Building Pollution Reduction Program', to provide assistance to owners of buildings in the United States to reduce the emission of air pollutants and building operating costs by-- ``(A) constructing highly efficient buildings in the United States; or ``(B) increasing the efficiency of and reducing the emissions associated with existing buildings in the United States. ``(3) Requirements.--The Administrator shall provide assistance under this section to owners of buildings in the United States based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as-- ``(A) improved energy efficiency; ``(B) increased water-use efficiency; ``(C) use of renewable energy sources; and ``(D) such additional measures, as determined by the Administrator, as will result in a measurable decrease in emissions of air pollutants. ``(4) Priority.--In providing assistance under this subsection, the Administrator shall give priority to projects that-- ``(A) achieve the following minimum scores as evaluated by energy performance benchmarking tools-- ``(i) in new or renovated buildings that demonstrate exemplary performance by achieving-- ``(I) a minimum score of 75 on the benchmarking tool of the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or ``(II) an equivalent score on an established energy performance benchmarking metric selected by the Administrator, such as the metric used for the National Building Rating Program of the Department of Energy; and ``(ii) in retrofitted existing buildings that demonstrate-- ``(I) substantial improvement in the score or rating on the benchmarking tool described in clause (i) by a minimum of 30 points; or ``(II) an equivalent improvement using an established performance benchmarking metric selected by the Administrator; ``(B) are completed by building owners with a proven track record of reducing pollution through the measures described in paragraph (3); and ``(C) result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program described in subparagraph (A)(i)(I). ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2012 through 2016.''.

Pollution and Costs Reduction Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a Building Pollution Reduction Program to provide assistance to building owners to reduce the emission of air pollutants and building operating costs by constructing highly efficient buildings and increasing the efficiency of, and reducing the emissions associated with, existing buildings. Requires the Administrator to: (1) provide such assistance to building owners based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as improved energy efficiency, increased water-use efficiency, and use of renewable energy sources; and (2) give priority to projects that achieve minimum scores in energy performance evaluations and result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program.

A bill to amend the Clean Air Act to reduce pollution and lower costs for building owners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prison Judgment Relief Act of 1995''. SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) In General.--Section 3626 of title 18, United States Code, is amended to read as follows: ``Sec. 3626. Appropriate remedies with respect to prison conditions ``(a) Requirements for Relief.-- ``(1) Limitations on prospective relief.--The court shall not grant or approve any prospective relief unless the court finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. In determining the intrusiveness of the relief, the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. ``(2) Prison population reduction relief.--In any civil action with respect to prison conditions, the court shall not grant or approve any relief whose purpose or effect is to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. ``(b) Termination of Relief.-- ``(1) Automatic termination of prospective relief after 4- year period.--In any civil action with respect to prison conditions, any prospective relief shall automatically terminate 4 years after the later of-- ``(A) the date of entry of the final judgment in which the court found the violation of a Federal right that was the basis for the relief; or ``(B) in the case of a final judgment entered more than 4 years before the date of the enactment of the Prison Judgment Relief Act of 1995, 180 days after the date of the enactment of such Act. ``(2) Immediate termination of prospective relief.--In any civil action with respect to prison conditions, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief, if that relief was approved or granted in the absence of a finding by the court that prison conditions violated a Federal right. ``(c) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. ``(d) Standing.--Any Federal, State, or local official or unit of government-- ``(1) whose jurisdiction or function includes the prosecution or custody of persons in a prison subject to; or ``(2) who otherwise is or may be affected by; any relief whose purpose or effect is to reduce or limit the prison population shall have standing to oppose the imposition or continuation in effect of that relief and may intervene in any proceeding relating to that relief. Standing shall be liberally conferred under this subsection so as to effectuate the remedial purposes of this section. ``(e) Special Masters.--In any civil action in a Federal court with respect to prison conditions, any special master or monitor shall be a United States magistrate and shall make proposed findings on the record on complicated factual issues submitted to that special master or monitor by the court, but shall have no other function. The parties may not by consent extend the function of a special master beyond that permitted under this subsection. ``(f) Attorney's Fees.--No attorney's fee under section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) may be granted to a plaintiff in a civil action with respect to prison conditions except to the extent such fee is-- ``(1) directly and reasonably incurred in proving an actual violation of the plaintiff's Federal rights; and ``(2) proportionally related to the extent the plaintiff obtains court ordered relief for that violation.''. ``(g) Definitions.--As used in this section-- ``(1) the term `prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; ``(2) the term `relief' means all relief in any form which may be granted or approved by the court, and includes consent decrees and settlement agreements (except a settlement agreement the breech of which is not subject to any court proceeding which such agreement settled); and ``(3) the term `prospective relief' means all relief other than compensatory monetary damages.'' (b) Application of Amendment.--Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to all relief (as defined in such section) whether such relief was originally granted or approved before, on, or after the date of the enactment of this Act. (c) Clerical Amendment.--The item relating to section 3526 in the table of sections at the beginning of subchapter C of chapter 229 of title 18, United States Code, is amended by striking ``crowding'' and inserting ``conditions''.

Prison Judgment Relief Act of 1995 - Amends the Federal criminal code to prohibit the court from granting or approving prospective relief with respect to prison conditions unless it finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of such right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system. Prohibits the court, in any civil action with respect to such conditions, from granting or approving relief to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Specifies that any prospective relief in such an action shall automatically terminate four years after the later of: (1) the date of entry of the final judgment in which the court found the violation of a Federal right; or (2) 180 days after the date of enactment of this Act. Entitles a defendant or intervenor to immediate termination of prospective relief that was approved or granted in the absence of a finding by the court that such conditions violated a Federal right. Requires the court to promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. Sets forth provisions regarding: (1) standing (Federal, State, or local officials shall have standing under specified circumstances to oppose the imposition or continuation of relief and to intervene in proceedings relating to that relief); (2) special masters; and (3) limits on attorney's fees.

Prison Judgment Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Technology Innovation and Defense Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Federal Government should prioritize the investigation of terrorist and illicit use of new financial technology, including digital currencies. SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE. (a) Establishment.--There is established the Independent Financial Technology Task Force (the ``Task Force''), which shall consist of-- (1) the Secretary of the Treasury, who shall serve as the head of the Task Force; (2) the Attorney General; (3) the Director of the Central Intelligence Agency; (4) the Director of the Financial Crimes Enforcement Network; (5) the Director of the Secret Service; (6) the Director of the Federal Bureau of Investigations; and (7) 4 individuals appointed by the Secretary of the Treasury to represent the private sector (including the banking industry, non-profit groups, and think tanks). (b) Duties.--The Task Force shall-- (1) conduct independent research on terrorist and illicit use of new financial technologies, including digital currencies; and (2) develop legislative and regulatory proposals to improve counter-terrorist and counter-illicit financing efforts. (c) Annual Congressional Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Task Force shall issue a report to the Congress containing the findings and determinations made by the Task Force in the previous year and any legislative and regulatory proposals developed by the Task Force. SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL CURRENCIES. (a) In General.--The Secretary of the Treasury, in consultation with the Attorney General, shall establish a program to pay a reward to any person who provides information leading to the conviction of an individual involved with terrorist use of digital currencies. (b) Use of Appropriated Funds.--To the extent provided in advance by appropriation Acts, the Secretary may use appropriated funds to pay a reward under this section with respect to information leading to a conviction described under subsection (a) if the amount of fines and forfeitures related to such conviction are not sufficient to pay such reward. (c) Use of Fines and Forfeitures.--With respect to fines and forfeitures related to the conviction of an individual involved with terrorist use of digital currencies, the Secretary of the Treasury shall, without further appropriation or fiscal year limitation-- (1) use such amounts to pay rewards under this section related to such conviction; (2) with respect to any such amounts remaining after payments are made under paragraph (1), repay to the general fund of the Treasury-- (A) any reward amounts paid using appropriated funds under subsection (b); and (B) the amount of any funds appropriated to the FinTech Leadership in Innovation Fund established under section 5; and (3) with respect to any such amounts remaining after payments are made under paragraphs (2) and (3), deposit such amounts in the FinTech Leadership in Innovation Fund. SEC. 5. FINTECH LEADERSHIP IN INNOVATION FUND. (a) Establishment.--There is established a fund to be known as the ``FinTech Leadership in Innovation Fund'', which shall be available to the Secretary of the Treasury, without further appropriation or fiscal year limitation, to carry out this section. (b) Innovation Grants.-- (1) In general.--The Secretary of the Treasury shall make grants for the development of tools and programs to detect terrorist and illicit use of digital currencies. (2) Eligible recipients.--The Secretary may make grants under this subsection to entities located in the United States, including academic institutions, companies, non-profit institutions, individuals, and any other entities locating in the United States that the Secretary determines appropriate. (3) Eligible projects.--With respect to tools and programs described under paragraph (1), in addition to grants for the development of such tools and programs, the Secretary may make grants under this subsection to carry out pilot programs using such tools, the development of test cases using such tools, and research related to such tools. (4) Preferences.--In making grants under this subsection, the Secretary shall give preference to-- (A) technology that is non-proprietary or that is community commons-based; (B) computer code that is developed and released on an open source basis; and (C) tools that are proactive (such as meeting regulatory requirements under ``know your customer'' and anti-money laundering requirements for any entity that has to comply with U.S. Government regulations) vs. reactive (such as aiding law enforcement organizations in catching illegal activity after the fact). (5) Other requirements.-- (A) Use of existing global standards.--Any new technology developed with a grant made under this subsection shall be based on existing global standards, such as those developed by the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). (B) Supporting existing laws or regulations.--Tools and programs developed with a grant made under this subsection shall be in support of existing laws or regulations, including the Bank Secrecy Act. (C) Open access requirement.--Tools and programs developed with a grant made under this subsection shall be freely accessible and usable by the public. This requirement may be fulfilled by publicly availing application programming interfaces or software development kits. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- (A) section 21 of the Federal Deposit Insurance Act; (B) chapter 2 of title I of Public Law 91-508; and (C) subchapter II of chapter 53 of title 31, United States Code. (2) Digital currency.--The term ``digital currency''-- (A) means a digital representation of value that-- (i) is used as a medium of exchange, unit of account, or store of value; and (ii) is not legal tender, whether or not denominated in legal tender; and (B) does not include-- (i) a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or digital currency; or (ii) a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform. (3) Terrorist.--The term ``terrorist'' includes a person carrying out domestic terrorism or international terrorism (as such terms are defined, respectively, under section 2331 of title 18, United States Code).

Financial Technology Innovation and Defense Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. Specifically, the bill: establishes the Independent Financial Technology Task Force, which must report annually on such matters; establishes the FinTech Leadership in Innovation Fund to support the development of tools and programs to detect such activity; and directs the Department of the Treasury to provide a reward for a person who provides information regarding terrorist use of digital currencies.

Financial Technology Innovation and Defense Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bay Area Regional Water Recycling Program Expansion Act of 2009''. SEC. 2. PROJECT AUTHORIZATIONS. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by adding at the end the following: ``SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Central Contra Costa Sanitary District, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,800,000. ``SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Dublin San Ramon Services District, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,150,000. ``SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3. ``(a) Authorization.--The Secretary, in cooperation with the City of Petaluma, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,000,000. ``SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000. ``SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Palo Alto, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,250,000. ``SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the Ironhouse Sanitary District (ISD), California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000.''. (b) Project Implementation.--In carrying out sections 1642 through 1648 of the Reclamation Wastewater and Groundwater Study and Facilities Act, and sections 1649 through 1654 of such Act, as added by subsection (a), the Secretary shall enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund the projects through the Bay Area Clean Water Agencies (BACWA) or its successor, and shall include in such agreements a provision for the reimbursement of construction costs, including those construction costs incurred prior to the enactment of this Act. (c) Clerical Amendments.--The table of contents of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by inserting after the item relating to section 1648 the following new items: ``Sec. 1649. CCCSD-Concord recycled water project. ``Sec. 1650. Central Dublin recycled water distribution and retrofit project. ``Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3. ``Sec. 1652. Central Redwood City recycled water project. ``Sec. 1653. Palo Alto recycled water pipeline project. ``Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water project.''. SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS. (a) Antioch Recycled Water Project.--Section 1644(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by striking ``$2,250,000'' and inserting ``$3,125,000''. (b) South Bay Advanced Recycled Water Treatment Facility.--Section 1648(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-31) (as amended by section 512(a) of the Consolidated Natural Resources Act of 2008) is amended by striking ``$8,250,000'' and inserting ``$13,250,000''.

Bay Area Regional Water Recycling Program Expansion Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of: (1) recycled water distribution systems in California in cooperation with the Central Contra Costa Sanitary District and the Ironhouse Sanitary District; and (2) recycled water system facilities in California in cooperation with the Dublin San Ramon Services District, the city of Petaluma, Redwood City, and the city of Palo Alto. Limits the federal share of each project to 25%. Prohibits the Secretary from providing funds for project operation and maintenance. Directs the Secretary to: (1) enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund specified projects under such Act through the Bay Area Clean Water Agencies; and (2) include in such agreements a provision for the reimbursement of construction costs. Increases the authorization of appropriations for the design, planning, and construction of: (1) recycled water system facilities in cooperation with the city of Antioch, California; and (2) recycled water treatment facilities in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District.

A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to expand the Bay Area Regional Recycling Program, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) the use of methyl tertiary butyl ether oxygenated fuels (referred to in this Act as ``M-T-B-E oxygenated fuels'') as one means of compliance with section 211(m) of the Clean Air Act (42 U.S.C. 7545(m)), which requires the use of oxygenated fuels to lower the level of carbon monoxide in nonattainment areas, has resulted in excessive health-related complaints in areas of the State of Alaska in which M-T-B-E oxygenated fuels have been used; (2) consumer hotlines in Fairbanks, Alaska and Anchorage, Alaska have received hundreds of unusual medical complaints (including complaints of abnormal headaches, sore throats, asthma, light headedness, burning sensation in eyes and lungs, shortness of breath, skin rashes, numbness, swollen tissue, and abnormal congestion) in geographic areas in which M-T-B-E oxygenated fuels are in use; (3) tests conducted by employees at the environmental health laboratory at the Centers for Disease Control revealed a measurable quantity of methyl tertiary butyl ether in the blood of workers exposed to M-T-B-E oxygenated fuels; (4) representatives of the Centers for Disease Control testified before Congress that more studies were needed to determine the health effects of exposure to the substance; (5) no studies have been completed to measure the chronic effects of exposure to M-T-B-E oxygenated fuels in cold climates on public health, particularly in areas that have temperatures that regularly reach 50 degrees below zero Fahrenheit; (6) because of numerous health complaints and the conclusions of the State epidemiologist of the Alaska Division of Public Health, the Governor of Alaska suspended the M-T-B-E oxygenated fuels program in Fairbanks, Alaska; (7) after the program was suspended in Fairbanks, the State epidemiologist concluded that there is a possibility that similar illnesses are being caused by the M-T-B-E oxygenated fuels program in Anchorage; (8) additional scientific studies on the health effects of M-T-B-E oxygenated fuels need to be completed; (9) the public should not be exposed to M-T-B-E oxygenated fuels until studies are completed and the public health risk has been assessed; and (10) ethanol blend oxygenated fuels are known to separate from the gasoline base at ultacold temperatures and may therefore have drivability and safety implications in Alaska. SEC. 2. WAIVER OF THE M-T-B-E OXYGENATED FUELS REQUIREMENT Section 211(m)(3) of the Clean Air Act (42 U.S.C. 7545(m)(3)) is amended by adding at the end the following new subparagraphs: ``(D) If requested in writing by an affected local government within a title I nonattainment area for carbon monoxide in Alaska, the Governor of the State of Alaska may petition for a waiver and the Administrator may waive, in whole or in part, the requirements of paragraphs (1) and (2) with respect to an area within the State of Alaska that is designated under title I as a nonattainment area for carbon monoxide, if the Administrator finds that compliance with the requirements should be waived for one or more of the following reasons: ``(i) Compliance is not technologically or economically feasible because the technology needed to comply is not commercially available or because the use of M-T-B-E oxygenated fuels would increase the cost of commercially available fuel supplies by more than 150 percent of the national average cost of using M-T-B-E oxygenated fuels in nonattainment areas outside of Alaska; ``(ii) Compliance would be unreasonable due to unique geographical or meteorological factors; ``(ii) Compliance could or does cause harmful health effects; ``(iv) The use of M-T-B-E oxygenated fuels increases aldehyde emissions appreciably. ``(E) The Administrator shall grant or deny a petition for a waiver submitted under subparagraph (D) not later than 60 days after receiving the petition. ``(F)(i) The Administrator shall conduct a study that compares the probable health risks and costs of title I carbon monoxide nonattainment in Alaska with the probable health risks and costs of increased noncarbon monoxide emissions (such as aldehyde emissions) associated with the use of M-T-B-E oxygenated fuels in Alaska. ``(ii) The Administrator shall report the results of the study of Congress not later than 1 year after the date of enactment of this paragraph. ``(G) The Administrator may suspend the required use of oxygenated fuels-- ``(i) during the pendency of a petition for a waiver submitted under paragraph (D); and ``(ii) until the completion of the health risk study conducted pursuant to subparagraph (F).''.

Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive requirements for the use of oxygenated fuels in a carbon monoxide nonattainment area in Alaska if compliance: (1) is not feasible because technology is not commercially available or the use of such fuels would increase the cost of available fuel supplies by more than 150 percent of the national average cost of using such fuels in nonattainment areas outside of Alaska; (2) would be unreasonable due to unique geographical or meteorological factors; (3) could or does cause harmful health effects; or (4) increases aldehyde emissions appreciably. Directs the Administrator to conduct a study that compares, and report to the Congress on, the probable health risks and costs of carbon monoxide nonattainment in Alaska with those of increased noncarbon monoxide emissions associated with the use of oxygenated fuels in Alaska. Authorizes the Administrator to suspend the required use of oxygenated fuels during the pendency of a petition for a waiver and until the completion of the health risk study.

To amend the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to grant a waiver of the oxygenated fuels requirement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Security and Small Business Stimulus Act of 2008''. SEC. 2. INDIVIDUAL INCOME TAX RATE REDUCTION AFTER 2007. (a) Rate Reduction.-- (1) In general.--Subparagraph (A) of section 1(i)(1) of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``(A) In general.--In the case of taxable years beginning after December 31, 2007-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 5 percent, and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount but not over the maximum dollar amount for the 15-percent rate bracket.''. (2) Conforming amendments.-- (A) The heading for paragraph (1) of section 1(i) of such Code is amended by striking ``10-percent'' and inserting ``5-percent''. (B) Subparagraph (D) of section 1(i)(1) of such Code is amended to read as follows: ``(D) Coordination with acceleration of 5 percent rate bracket benefit for 2008.--This paragraph shall not apply to any taxable year to which section 6428 applies.''. (3) 5-percent bracket made permanment.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to paragraph (1) of section 1(i) of the Internal Revenue Code of 1986, as amended by this subsection. (b) Advance Payment of 5 Percent Rate Bracket.--Section 6428 of such Code is amended to read as follows: ``SEC. 6428. ACCELERATION OF 5 PERCENT INCOME TAX RATE BRACKET BENEFIT FOR 2008. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2008 an amount equal to 5 percent of so much of the taxpayer's taxable income as does not exceed the initial bracket amount (as defined in section 1(i)(1)(B)). ``(b) Credit Treated as Nonrefundable Personal Credit.--For purposes of this title, the credit allowed under this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of chapter 1. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any estate or trust, ``(2) any nonresident alien individual, and ``(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(d) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(e) Advance Refunds of Credit Based on Prior Year Data.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2006 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if-- ``(A) this section (other than subsections (b) and (d) and this subsection) had applied to such taxable year, and ``(B) the credit for such taxable year were not allowed to exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits). ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before the date which is 30 days after the date of the enactment of this section. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (c) Technical Amendment.--The item relating to section 6428 in the table of sections for subchapter B of chapter 65 of such Code is amended to read as follows: ``Sec. 6428. Acceleration of 5 percent income tax rate bracket benefit for 2008.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. INCREASE IN EXPENSING FOR SMALL BUSINESSES. (a) $125,000 Limit Made Permanent; Temporary Increase to $375,000.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable business assets) is amended by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' and inserting ``$125,000 ($375,000 in the case of taxable years beginning after 2007 and before 2010)''. (b) Conforming Amendment.--Subparagraph (A) of section 179(b)(5) of such Code is amended-- (1) by striking ``and before 2011'', and (2) by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the $500,000 amount for taxable years beginning after December 31, 2010.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Family Security and Small Business Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) allow a reduced 5% income tax rate on taxable income for low-income taxpayers; (2) allow an advance refund in 2008 for the reduction in the tax rate; and (3) increase to $375,000 between 2008 and 2010 the expensing allowance for small business depreciable assets.

To amend the Internal Revenue Code of 1986 to reduce individual income taxes by creating a new 5 percent rate of tax and to increase section 179 expensing for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalination Water Supply Shortage Prevention Act of 2005''. SEC. 2. DEFINITIONS. (a) Qualified Desalination Facility.--The term ``qualified desalination facility'' means a facility that-- (1) produces for sale to domestic customers desalinated seawater, brackish groundwater, or surface water whose source water is greater than 1000 parts per million total dissolved solids; and (2) is owned or operated by-- (A) a State or any political subdivision, agency, authority, or instrumentality of a State; (B) an Indian tribe; or (C) a corporation responsible for providing municipal water service pursuant to State or tribal law; (3) is first used to produce commercial desalinated water for sale during the 10-year period beginning on October 1 of the first fiscal year occurring after the date of the enactment of this Act; and (4) uses the best available technology as determined by the Secretary. (b) Indian Tribe.--The term ``Indian Tribe'' means with respect to the contiguous 48 states, any federally recognized Indian tribe, organized band, pueblo, or community and with respect to Alaska, the Metlakatla Indian Community. (c) Secretary.--The term ``Secretary '' means the Secretary of Energy. (d) State.--The term ``State'' means the several States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Northern Mariana Islands. SEC. 3. DESALINATED WATER PRODUCTION INCENTIVE PAYMENTS. (a) Incentive Payments.--The Secretary shall make incentive payments in an amount determined under subsection (d) to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities. (b) Agreement; Deadline.--The Secretary may not make any payment to the owner or operator of a qualified desalination facility under this section, unless, not later than the end of fiscal year 2016, the Secretary enters into a written agreement with the owner or operator to make such payment. (c) Payment Period.--The Secretary may make payments to the owner or operator of a qualified desalination facility under this section for a period not to exceed 10 years-- (1) beginning on the date on which the facility is first used to produce desalinated water; and (2) ending not later than September 30, 2026. (d) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of any qualified desalination facility shall be based on the amount of desalinated water produced by the facility during the payment period described in subsection (c). For any facility, the amount of such payment shall be 62 cents for every thousand gallons of desalinated water produced and sold, adjusted as provided in paragraph (2). (2) Adjustments.--The amount of the payment made to any person under this subsection as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2006 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 29(d)(2)(B)), except that in applying such provisions the calendar year 2006 shall be substituted for calendar year 1979. (e) Application.--The Secretary may not make a grant to the owner or operator of a qualified desalination facility under this section unless the facility submits an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require. (f) Limitation.--In any fiscal year not more than 60 percent of the funds made available by the Secretary under this section shall be made available to the owners or operators of qualified desalination facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin (g) Priority.--In awarding incentive payments under this section, the Secretary shall give priority to any application for a project that-- (1) uses innovative technologies to reduce the energy demand of the project; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize the damage to marine life; or (7) provides significant water quality benefits. (h) Budget Act Compliance.--The authority provided by this section may be exercised only in such amounts or to such extent as provided in advance in appropriations Acts. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section from fiscal year 2006 through fiscal year 2016. SEC. 4. NOVEL DESALINATION TECHNOLOGY. (a) In General.--The Secretary shall support research and development of promising novel technology approaches for the cost- effective desalination of water. (b) Authorization of Appropriation.--There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000 from fiscal year 2006 through fiscal year 2016.

Desalination Water Supply Shortage Prevention Act of 2005 - Requires the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities (facilities first used to produce commercial desalinated water after enactment of this Act), including facilities owned or operated by Indian tribes, for up to ten years to partially offset the cost of electrical energy required to operate such facilities. Provides that the qualified facilities shall receive 62 cents for every thousand gallons of desalinated water produced and sold, with an adjustment for inflation. Limits to 60% of the amount of funds made available in any fiscal year that the Secretary may provide to the owners or operators of qualified facilities that obtain source water directly from the sea, an estuary, or in-bank extraction wells of sea water origin. Directs the Secretary, in awarding incentive payments, to give priority to any application for a project that: (1) uses innovative technologies to reduce energy demand; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize damage to marine life; or (7) provides significant water quality benefits. Directs the Secretary to support research and development of promising novel technology approaches for the cost-effective desalination of water. Authorizes appropriations.

To direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington National Opera Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Washington National Opera has served as the Nation's opera since its creation in 1956. (2) In 2000, the Washington Opera was designated the ``National Opera'' by an Act of Congress to reflect the significant national arts leadership role of the Opera. (3) The Washington National Opera educates and inspires students of all ages through engaging educational programs and innovative partnerships that broaden public awareness and appreciation for opera and are accessible to people of all abilities through needs-based scholarships and accommodations. (4) The education programs of the Washington National Opera strengthen and enhance local, State, and national standards for learning. (5) The Washington National Opera has worked since its inception to encourage the development of gifted young American artists. (6) It is appropriate to authorize coins commemorating the 20th anniversary of the Washington National Opera Education and Community Programs with proceeds from the sale of the coins being deposited for the Washington National Opera Education and Community Program with the specific purpose of aiding in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. SEC. 3. COIN SPECIFICATIONS. (a) $1 Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Washington National Opera. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of Directors of the Washington National Opera (hereafter in this Act referred to as the ``Board''); and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2010, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2010. (e) First Use of Year 2010 Date.--The coins minted under this Act shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ``2010''. (f) Promotion Consultation.--The Secretary shall consult on a regular and frequent basis with the Board in order to establish a role for the Board in the promotion, advertising and marketing of the coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Board on behalf of the Washington National Opera Education and Community Program to be used to aid in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. (c) Audits.--The Board and the Washington National Opera Education and Community Program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Washington National Opera Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint, until December 31, 2010, coins in commemoration of the Washington National Opera. Provides for the issuance and sale of such coins.

To require the Secretary of the Treasury to mint coins in commemoration of the Washington National Opera, and for other purposes.

SECTION 1. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS. (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding at the end the following new subparagraph: ``(H) Temporary waiver of minimum required distribution.-- ``(i) In general.--The requirements of this paragraph shall not apply in calendar year 2008 or 2009. ``(ii) Plans must allow elections.--A trust forming part of a plan shall not constitute a qualified trust under this subsection unless the plan provides that it will allow an employee or beneficiary to elect to eliminate or reduce payments or distributions during calendar year 2009 which would otherwise be made to meet the requirements of this paragraph. This clause shall not apply to an employee or beneficiary who is receiving, after the annuity starting date, distributions under the plan through an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State. ``(iii) Election.--An election under clause (ii) shall be made at such time and in such manner as the Secretary may prescribe. ``(iv) Coordination with similar requirements.--In the case of-- ``(I) an individual retirement account or annuity described in section 408, this subparagraph shall be applied without regard to clauses (ii) and (iii), and ``(II) an eligible deferred compensation plan described in section 457(b), this subparagraph shall only apply to such a plan maintained by an employer described in section 457(e)(1)(A). ``(v) Special rules regarding suspension period.--For purposes of this paragraph-- ``(I) the required beginning date with respect to such individual shall be determined without regard to this subparagraph for purposes of applying this paragraph to calendar years after 2009, and ``(II) if clause (ii) of subparagraph (B) applies to such individual, the amount of any distribution required by this paragraph for 2008 or 2009 which was not made (or rolled over) by reason of this subparagraph shall be required to be distributed in 2010.''. (b) Eligible Rollover Distributions.--Section 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence: ``Subparagraph (A) shall not apply to any distributions made in 2008 or 2009 to an individual who is not subject to the required minimum distribution rules under section 401(a)(9) for the calendar year solely by reason of the application of section 401(a)(9)(H). In the case of a distribution which is treated as an eligible rollover distribution solely by reason of the preceding sentence, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Extension of rollover periods for distributions in 2008.-- (A) In general.--In the case of a distribution from an eligible retirement plan made during 2008 to an individual who is not subject to the required minimum distribution rules under section 401(a)(9) of the Internal Revenue Code of 1986 for the calendar year solely by reason of the application of section 401(a)(9)(H) of such Code-- (i) the 60-day period under section 402(c)(3) or 408(d)(3) of such Code during which such distribution may be rolled over, whichever is applicable, shall not end before the later of-- (I) the due date (determined without regard to any extension) for filing the return of tax imposed by chapter 1 of such Code for the taxable year in which the distribution was made, or (II) the date which is 60 days after the date of the enactment of this Act, (ii) in the case of an individual retirement plan, the limitation under section 408(d)(3)(B) of such Code shall not apply to any rollover contribution of the distribution, and (iii) subject to such rules or guidance as the Secretary of the Treasury or the Secretary's delegate may prescribe-- (I) notwithstanding section 408(d)(3)(C) of such Code, if such individual is the beneficiary of an inherited individual retirement account or annuity, the individual may rollover such distribution, and (II) notwithstanding section 402(c)(11) of such Code, such individual shall not be treated as failing to meet the requirements of such section solely because the transfer is not made in a direct trustee-to-trustee transfer. (B) Eligible retirement plan.--For purposes of this paragraph, the term ``eligible retirement plan'' has the meaning given such term by section 402(c)(8)(B) of such Code. (3) Provisions relating to plan or contract amendments.-- (A) In general.--If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii)(I). (B) Amendments to which paragraph applies.-- (i) In general.--This paragraph shall apply to any amendment to any pension plan or annuity contract which-- (I) is made by reason of the amendments made by this section, and (II) is made on or before the last day of the first plan year beginning on or after January 1, 2011. In the case of a governmental plan, subclause (II) shall be applied by substituting ``2012'' for ``2011''. (ii) Conditions.--This paragraph shall not apply to any amendment unless-- (I) during the period beginning on January 1, 2009, and ending on December 31, 2009 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (II) such plan or contract amendment applies retroactively for such period.

Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution to recontribute such distribution to their retirement plans.

A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008 and 2009.

SECTION 1. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES. (a) In General.--Section 170(e)(3) of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Special rule for contributions of book inventory for educational purposes.-- ``(i) Contributions of book inventory.--In determining whether a qualified book contribution is a qualified contribution, subparagraph (A) shall be applied without regard to whether-- ``(I) the donee is an organization described in the matter preceding clause (i) of subparagraph (A), and ``(II) the property is to be used by the donee solely for the care of the ill, the needy, or infants. ``(ii) Amount of reduction.-- Notwithstanding subparagraph (B), the amount of the reduction determined under paragraph (1)(A) shall not exceed the amount by which the fair market value of the contributed property (as determined by the taxpayer using a bona fide published market price for such book) exceeds twice the basis of such property. ``(iii) Qualified book contribution.--For purposes of this paragraph, the term `qualified book contribution' means a charitable contribution of books, but only if the requirements of clauses (iv) and (v) are met. ``(iv) Identity of donee.--The requirement of this clause is met if the contribution is to an organization-- ``(I) described in subclause (I) or (III) of paragraph (6)(B)(i), or ``(II) described in section 501(c)(3) and exempt from tax under section 501(a) (other than a private foundation, as defined in section 509(a), which is not an operating foundation, as defined in section 4942(j)(3)), which is organized primarily to make books available to the general public at no cost or to operate a literacy program. ``(v) Certification by donee.--The requirement of this clause is met if, in addition to the certifications required by subparagraph (A) (as modified by this subparagraph), the donee certifies in writing that-- ``(I) the books are suitable, in terms of currency, content, and quantity, for use in the donee's educational programs, and ``(II) the donee will use the books in its educational programs. ``(vi) Bona fide published market price.-- For purposes of this subparagraph, the term `bona fide published market price' means, with respect to any book, a price-- ``(I) determined using the same printing and edition, ``(II) determined in the usual market in which such a book has been customarily sold by the taxpayer, and ``(III) for which the taxpayer can demonstrate to the satisfaction of the Secretary that the taxpayer customarily sold such books in arm's length transactions within 7 years preceding the contribution of such a book.''. (b) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act

Amends the Internal Revenue Code to set forth a rule for determining the amount of the deduction allowable for charitable book inventory contributions for educational purposes.

A bill to amend the Internal Revenue Code of 1986 to enhance book donations and literacy.

SECTION 1. SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY FROM BIOMASS AND MUNICIPAL SOLID WASTE. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Special rule for certain qualified facilities.-- ``(A) In general.--In the case of electricity produced at a qualified facility described in paragraph (3) or (7) of subsection (d) and placed in service before the date of the enactment of this paragraph, a taxpayer may elect to apply subsection (a)(2)(A)(ii) by substituting `the period beginning after December 31, 2016, and ending before January 1, 2018' for `the 10- year period beginning on the date the facility was originally placed in service'. ``(B) Limitation.--No credit shall be allowed under subsection (a) to any taxpayer making an election under this paragraph with respect to electricity produced and sold at a facility during any period which, when aggregated with all other periods for which a credit is allowed under this section with respect to electricity produced and sold at such facility, is in excess of 10 years.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2017. SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE. (a) In General.--Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' has the meaning given the term `solid waste' under section 2(27) of the Solid Waste Disposal Act (42 U.S.C. 6903), except that such term does not include-- ``(i) paper which is commonly recycled and which has been segregated from other solid waste (as so defined), or ``(ii) solid waste (as so defined) which is collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. ``(B) Special rule with respect to incidental and residual waste.--Subparagraph (A)(ii) shall not apply to-- ``(i) solid waste (as so defined) which only contains an incidental amount of commonly recycled paper, and ``(ii) solid waste (as so defined) which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. ``(C) No effect on existing processes.--Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act (42 U.S.C. 6903 et seq.), nor require a change to the regulations that implement subtitle D of such Act (42 U.S.C. 6901 et seq.).''. (b) Rules With Respect to Electricity Produced From Solid Waste.-- Subsection (e) of section 45 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(13) Source of municipal solid waste feedstock.--In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource-- ``(A) such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and ``(B) subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 (in lieu of the 10-year period after the facilities are originally placed in service). The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of "municipal solid waste" to specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste.