Input:
SECTION 1. FINDINGS.

    Congress finds that--
            (1) as the southernmost unleveed portion of the Mississippi
        River, Cat Island, Louisiana, is 1 of the last remaining tracts
        in the lower Mississippi Valley that is still influenced by the
        natural dynamics of the river;
            (2) Cat Island supports some of the highest densities of
        virgin bald cypress trees in the Mississippi River Valley,
        including the champion cypress tree of the United States, which
        is 17 feet wide and has a circumference of 53 feet;
            (3) Cat Island is important habitat for several declining
        species of forest songbirds and supports thousands of wintering
        waterfowl;
            (4) Cat Island supports high populations of deer, turkey,
        and furbearing mammals, such as mink and bobcats;
            (5) forested wetland on Cat Island--
                    (A) represents 1 of the most valuable and
                productive wildlife habitats in the United States; and
                    (B) has high recreational value for hunters,
                fishermen, birdwatchers, nature photographers, and
                others; and
            (6) protection and enhancement of the resources of Cat
        Island through the inclusion of Cat Island in the National
        Wildlife Refuge System would help meet the habitat protection
        goals of the North American Waterfowl Management Plan, signed
        by the Minister of the Environment of Canada and the Secretary
        in May 1986.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Refuge.--The term ``Refuge'' means the Cat Island
        National Wildlife Refuge established by section 3(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior, acting through the Director of the United
        States Fish and Wildlife Service.

SEC. 3. ESTABLISHMENT AND ACQUISITION OF REFUGE.

    (a) In General.--There is established a unit of the National
Wildlife Refuge System to be known as the ``Cat Island National
Wildlife Refuge'' in West Feliciana Parish, Louisiana.
    (b) Inclusions.--The Refuge shall consist of the land and waters
(including any interest in the land or waters) acquired by the
Secretary for the Refuge under--
            (1) subsection (d); or
            (2) any other law.
    (c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
            (1) in the Federal Register; and
            (2) in publications of local circulation in the vicinity of
        the Refuge.
    (d) Acquisition.--The Secretary shall seek to acquire for inclusion
in the Refuge, by purchase, exchange, or donation, approximately 36,500
acres of land and adjacent waters (including interests in the land or
adjacent waters) of Cat Island, Louisiana, as depicted on the map
entitled ``Cat Island National Wildlife Refuge, Proposed'', dated
February 8, 2000, which shall be available for inspection in the
appropriate offices of the United States Fish and Wildlife Service.

SEC. 4. PURPOSES OF REFUGE.

    The purposes of the Refuge are--
            (1) to conserve, enhance, and restore the native bottomland
        community characteristics of the lower Mississippi alluvial
        valley (including associated fish, wildlife, and plant
        species);
            (2) to conserve, enhance, and restore habitat to maintain
        and assist in the recovery of animals (such as the Louisiana
        black bear) and plants that are listed as endangered species or
        threatened species under the Endangered Species Act of 1973 (16
        U.S.C. 1531 et seq.);
            (3) to conserve, enhance, and restore habitats as necessary
        to contribute to the migratory bird population goals and
        habitat objectives as established through the Lower Mississippi
        Valley Joint Venture under the North American Wetlands
        Conservation Act (16 U.S.C. 4401 et seq.);
            (4) to achieve the habitat objectives of the Lower
        Mississippi River Aquatic Resources Management Plan, prepared
        by the Lower Mississippi River Conservation Committee;
            (5) to authorize the Secretary, through consultation with
        Federal, State, and local agencies and adjacent landowners, to
        assist in the restoration of forest habitat linkages between
        refuge land and other land to reverse past impacts associated
        with habitat fragmentation on wildlife and plant species;
            (6) to provide compatible opportunities for hunting,
        fishing, wildlife observation and photography, and
        environmental education and interpretation; and
            (7) to encourage the use of volunteers and to facilitate
        partnerships among the United States Fish and Wildlife Service,
        local communities, conservation organizations, and other non-
        Federal entities to promote public awareness of the resources
        of the Cat Island National Wildlife Refuge and the National
        Wildlife Refuge System (including public participation in the
        conservation of those resources).

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary shall administer all land and waters
(including any interest in land or waters) acquired under section 3(d)
in accordance with--
            (1) the National Wildlife Refuge System Administration Act
        of 1966 (16 U.S.C. 668dd et seq.);
            (2) Public Law 87-714 (commonly known as the ``Refuge
        Recreation Act'') (16 U.S.C. 460k et seq.); and
            (3) the purposes of the Refuge described in section 4.
    (b) Use of Other Authority.--The Secretary may use such additional
statutory authority as is available to the Secretary to conduct
projects and activities at the Refuge in accordance with this Act,
including projects or activities to conserve or develop--
            (1) wildlife and natural resources;
            (2) water supplies;
            (3) water control structures;
            (4) outdoor recreational activity programs; and
            (5) interpretive education programs.

SEC. 6. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary such sums
as are necessary for--
            (1) the acquisition of interests in land and waters
        described in section 3(d)(1); and
            (2) the development, operation, and maintenance of the
        Refuge.

Output:
Directs the Secretary to seek to acquire specified land and adjacent waters of Cat Island for inclusion in the Refuge.
Permits the Secretary to conduct projects and activities at the Refuge in accordance with this Act, including projects or activities to conserve or develop wildlife and natural resources, water supplies, water control structures, outdoor recreational activity programs, and interpretive education programs.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Captive Primate Safety Act''.

SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED
              WILDLIFE SPECIES.

    Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``or any
nonhuman primate''.

SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.

    (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting
                        ``or'' after the semicolon;
                            (ii) in subparagraph (B)(iii), by striking
                        ``; or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by inserting ``or subsection
                (e)'' before the period; and
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (2), (3), (4), and
                (5) as paragraphs (3), (4), (5), and (6) respectively;
                    (B) by striking ``(e)'' and all that follows
                through ``Subsection (a)(2)(C) does not apply'' in
                paragraph (1) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--It is unlawful for any person to import,
        export, transport, sell, receive, acquire, or purchase in
        interstate or foreign commerce any live animal of any
        prohibited wildlife species.
            ``(2) Limitation on application.--This subsection--
                    ``(A) does not apply to a person transporting a
                nonhuman primate to or from a veterinarian who is
                licensed to practice veterinary medicine within the
                United States, solely for the purpose of providing
                veterinary care to the nonhuman primate, if--
                            ``(i) the person transporting the nonhuman
                        primate carries written documentation issued by
                        the veterinarian, including the appointment
                        date and location;
                            ``(ii) the nonhuman primate is transported
                        in a secure enclosure appropriate for that
                        species of primate;
                            ``(iii) the nonhuman primate has no contact
                        with any other animals or members of the
                        public, other than the veterinarian and other
                        authorized medical personnel providing
                        veterinary care; and
                            ``(iv) such transportation and provision of
                        veterinary care is in accordance with all
                        otherwise applicable State and local laws,
                        regulations, permits, and health certificates;
                    ``(B) does not apply to a person transporting a
                nonhuman primate to a legally designated caregiver for
                the nonhuman primate as a result of the death of the
                preceding owner of the nonhuman primate, if--
                            ``(i) the person transporting the nonhuman
                        primate is carrying legal documentation to
                        support the need for transporting the nonhuman
                        primate to the legally designated caregiver;
                            ``(ii) the nonhuman primate is transported
                        in a secure enclosure appropriate for the
                        species;
                            ``(iii) the nonhuman primate has no contact
                        with any other animals or members of the public
                        while being transported to the legally
                        designated caregiver; and
                            ``(iv) all applicable State and local
                        restrictions on such transport, and all
                        applicable State and local requirements for
                        permits or health certificates, are complied
                        with;
                    ``(C) does not apply to a person transporting a
                nonhuman primate solely for the purpose of assisting an
                individual who is permanently disabled with a severe
                mobility impairment, if--
                            ``(i) the nonhuman primate is a single
                        animal of the genus Cebus;
                            ``(ii) the nonhuman primate was obtained
                        from, and trained at, a licensed nonprofit
                        organization described in section 501(c)(3) of
                        the Internal Revenue Code of 1986 the nonprofit
                        tax status of which was obtained--
                                    ``(I) before July 18, 2008; and
                                    ``(II) on the basis that the
                                mission of the organization is to
                                improve the quality of life of severely
                                mobility-impaired individuals;
                            ``(iii) the person transporting the
                        nonhuman primate is a specially trained
                        employee or agent of a nonprofit organization
                        described in clause (ii) that is transporting
                        the nonhuman primate to or from a designated
                        individual who is permanently disabled with a
                        severe mobility impairment, or to or from a
                        licensed foster care home providing specialty
                        training of the nonhuman primate solely for
                        purposes of assisting an individual who is
                        permanently disabled with severe mobility
                        impairment;
                            ``(iv) the person transporting the nonhuman
                        primate carries documentation from the
                        applicable nonprofit organization that includes
                        the name of the designated individual referred
                        to in clause (iii);
                            ``(v) the nonhuman primate is transported
                        in a secure enclosure that is appropriate for
                        that species;
                            ``(vi) the nonhuman primate has no contact
                        with any animal or member of the public, other
                        than the designated individual referred to in
                        clause (iii); and
                            ``(vii) the transportation of the nonhuman
                        primate is in compliance with--
                                    ``(I) all applicable State and
                                local restrictions regarding the
                                transport; and
                                    ``(II) all applicable State and
                                local requirements regarding permits or
                                health certificates; and
                    ``(D) does not apply'';
                    (C) in paragraph (2) (as added by subparagraph
                (B))--
                            (i) by striking ``a'' before ``prohibited''
                        and inserting ``any'';
                            (ii) by striking ``(3)'' and inserting
                        ``(4)''; and
                            (iii) by striking ``(2)'' and inserting
                        ``(3)'';
                    (D) in paragraph (3) (as redesignated by
                subparagraph (A))--
                            (i) in subparagraph (C)--
                                    (I) in clauses (ii) and (iii), by
                                striking ``animals listed in section
                                2(g)'' each place it appears and
                                inserting ``prohibited wildlife
                                species''; and
                                    (II) in clause (iv), by striking
                                ``animals'' and inserting ``prohibited
                                wildlife species''; and
                            (ii) in subparagraph (D), by striking
                        ``animal'' each place it appears and inserting
                        ``prohibited wildlife species'';
                    (E) in paragraph (4) (as redesignated by
                subparagraph (A)), by striking ``(2)'' and inserting
                ``(3)''; and
                    (F) in paragraph (6) (as redesignated by
                subparagraph (A))--
                            (i) by striking ``subsection (a)(2)(C)''
                        and inserting ``this subsection''; and
                            (ii) by striking ``2004 through 2008'' and
                        inserting ``2011 through 2015''.
    (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
            (1) in paragraph (1), by inserting ``(e),'' after
        ``subsections (b), (d),''; and
            (2) in paragraph (1), by inserting ``, (e),'' after
        ``subsection (d)''.
    (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
            (1) in paragraphs (1)(A) and (1)(B) and in the first
        sentence of paragraph (2), by inserting ``(e),'' after
        ``subsections (b), (d),'' each place it appears; and
            (2) in paragraph (3), by inserting ``, (e),'' after
        ``subsection (d)''.
    (d) Effective Date; Regulations.--
            (1) Effective date.--Subsections (a) through (c), and the
        amendments made by those subsections, shall take effect on the
        earlier of--
                    (A) the date of promulgation of regulations under
                paragraph (2); and
                    (B) the expiration of the period referred to in
                paragraph (2).
            (2) Regulations.--Not later than 180 days after the date of
        enactment of this Act, the Secretary of the Interior shall
        promulgate regulations implementing the amendments made by this
        section.

SEC. 4. APPLICABILITY PROVISION AMENDMENT.

    Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
            (1) in subsection (a), by striking ``(a) In General.--
        Section 3'' and inserting ``Section 3''; and
            (2) by striking subsection (b).

SEC. 5. REGULATIONS.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
            ``(3) The Secretary shall, in consultation with other
        relevant Federal and State agencies, promulgate regulations to
        implement section 3(e).''.

Output:
Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.

Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth exceptions to such prohibition, including, under certain conditions, for: (1) transporting a nonhuman primate to or from a veterinarian, (2) transporting a nonhuman primate to a legally designated caregiver as a result of the death of the preceding owner, and (3) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment.

Sets forth civil and criminal penalties for violations of the requirements of this Act. Extends the authorization of appropriations to carry out such prohibition for FY2011-FY2015.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Education Elimination
Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Principles of federalism embodied in the Constitution
        of the United States entrust authority over issues of
        educational policy to the States and the people and a Federal
        Department of Education is inconsistent with such principles.
            (2) Tradition and experience dictate that the governance
        and management of schools in the United States are best
        performed by parents, teachers, and communities.
            (3) The education of the Nation's students is suffering
        under a managerial government.
            (4) The Department of Education has weakened the ability of
        parents to make essential decisions about their children's
        education and has undermined the capacity of communities to
        govern their schools.
            (5) In the 34 years of its existence, the Department of
        Education has grown from a budget of $14 billion to almost
        $65.7 billion in annual discretionary appropriations
        administering around 100 programs. Meanwhile, education
        performance for 17-year olds has stagnated since 1971.
            (6) The Department of Education has fostered over-
        regulation, standardization, bureaucratization, and litigation
        in United States education.
            (7) The Department of Education expends large amounts of
        money on its own maintenance and overhead. While the average
        salary for public school teachers is around $56,000, the
        average salary for a Department of Education employee is
        $108,571.
            (8) Recent tests reflect poor results in mathematics,
        science, and reading for American students compared with
        students from other nations.
            (9) Only through initiatives led by parents and local
        communities with the power to act can the United States elevate
        educational performance toward an acceptable level.
            (10) The current system of top down education uniformity is
        detrimental to local businesses and communities, the economic
        needs of the states, and the Nation's ability to compete
        globally for jobs.
            (11) The Department of Education has been hostile to many
        promising reform ideas or empowering parents, teachers, and
        local communities. The United States, once a laboratory of
        innovation through the experiments of the States, is moving
        toward education standardization that does not consider the
        individual educational needs of our diverse population of
        students.

SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION.

    The Department of Education is abolished, and, with the exception
of the programs transferred under section 7, any program for which the
Secretary of Education or the Department of Education has
administrative responsibility as provided by law or by delegation of
authority pursuant to law is repealed, including each program under the
following:
            (1) The Department of Education Organization Act (20 U.S.C.
        3401 et seq.).
            (2) The General Education Provisions Act (20 U.S.C. 1221 et
        seq.).

SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SECONDARY AND FOR
              POSTSECONDARY EDUCATION PROGRAMS.

    (a) In General.--Subject to the requirements of this title, each
State is entitled to receive from the Secretary of the Treasury, by not
later than July 1 of the preceding fiscal year--
            (1) a grant for fiscal year 2015 and each succeeding fiscal
        year through fiscal year 2024, that is equal to the amount of
        funds appropriated for the State for Federal elementary school
        and secondary school programs for fiscal year 2012 (except for
        the funds appropriated for fiscal year 2012 for such programs
        for such State that are being transferred under section 7); and
            (2) a grant for fiscal year 2015 and each succeeding fiscal
        year through fiscal year 2024, that is equal to the amount of
        funds appropriated for the State for Federal postsecondary
        education programs for fiscal year 2012 (except for the funds
        appropriated for fiscal year 2012 for such programs for such
        State that are being transferred under section 7).
    (b) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for fiscal
years 2015 through 2024, such sums as are necessary for grants under
subsection (a).
    (c) Requirements Relating to Intergovernmental Financing.--The
Secretary of the Treasury shall make the transfer of funds under grants
under subsection (a) directly to each State in accordance with the
requirements of section 6503 of title 31, United States Code.
    (d) Expenditure of Funds.--Amounts received by a State under this
section for any fiscal year shall be expended by the State in such
fiscal year or in the succeeding fiscal year.
    (e) Use of Funds.--Funds made available to a State--
            (1) under subsection (a)(1), shall be used by the State for
        any elementary or secondary education purpose permitted by
        State law; and
            (2) under subsection (a)(2), shall be used by the State for
        any postsecondary education purpose permitted by State law.
    (f) Supplement, Not Supplant.--A grant received under subsection
(a) shall only be used to supplement the amount of funds that would, in
the absence of such grant, be made available from non-Federal sources
for elementary school and secondary school programs or postsecondary
education programs, and not to supplant those funds.

SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY.

    (a) Audits.--
            (1) Contract with approved auditing entity.--Not later than
        October 1, 2015, and annually thereafter, a State shall
        contract with an approved auditing entity (as defined under
        paragraph (3)(B)) for purposes of conducting an audit under
        paragraph (2) (with respect to the fiscal year ending September
        30 of such year).
            (2) Audit requirement.--Under a contract under paragraph
        (1), an approved auditing entity shall conduct an audit of the
        expenditures or transfers made by a State from amounts received
        under a grant under section 4, with respect to the fiscal year
        which such audit covers, to determine the extent to which such
        expenditures and transfers were expended in accordance with
        section 4.
            (3) Entity conducting audit.--
                    (A) In general.--With respect to a State, the audit
                under paragraph (2) shall be conducted by an approved
                auditing entity in accordance with generally accepted
                auditing principles.
                    (B) Approved auditing entity.--For purposes of this
                section, the term ``approved auditing entity'' means,
                with respect to a State, an entity that is--
                            (i) approved by the Secretary of the
                        Treasury;
                            (ii) approved by the chief executive
                        officer of the State; and
                            (iii) independent of any Federal, State, or
                        local agency.
            (4) Submission of audit.--Not later than April 30, 2016,
        and annually thereafter, a State shall submit the results of
        the audit under paragraph (2) (with respect to the fiscal year
        ending on September 30 of such year) to the State legislature
        and to the Secretary of the Treasury.
    (b) Reimbursement and Penalty.--If, through an audit conducted
under subsection (a), an approved auditing entity finds that a State
violated the requirements of subsection (d) or (e) of section 4, the
State shall pay to the Treasury of the United States 100 percent of the
amount of State funds that were used in violation of section 4 as a
penalty. Insofar as a State fails to pay any such penalty, the
Secretary of the Treasury shall offset the amount not so paid against
the amount of any grant otherwise payable to the State under this Act.
    (c) Annual Reporting Requirements.--
            (1) In general.--Not later than January 31, 2016, and
        annually thereafter, each State shall submit to the Secretary
        of the Treasury and the State legislature a report on the
        activities carried out by the State during the most recently
        completed fiscal year with funds received by the State under a
        grant under section 4 for such fiscal year.
            (2) Content.--A report under paragraph (1) shall, with
        respect to a fiscal year--
                    (A) contain the results of the audit conducted by
                an approved auditing entity for a State for such fiscal
                year, in accordance with the requirements of subsection
                (a) of this section;
                    (B) specify the amount of the grant made to the
                State under section 4; and
                    (C) be in such form and contain such other
                information as the State determines is necessary to
                provide--
                            (i) an accurate description of the
                        activities conducted by the State for the
                        purpose described under section 4; and
                            (ii) a complete record of the purposes for
                        which amounts were expended in accordance with
                        this section.
            (3) Public availability.--A State shall make copies of the
        reports required under this section available on a public Web
        site and shall make copies available in other formats upon
        request.
    (d) Failure To Comply With Requirements.--The Secretary of the
Treasury shall not make any payment to a State under a grant authorized
by section 4--
            (1) if an audit for a State is not submitted as required
        under subsection (a), during the period between the date such
        audit is due and the date on which such audit is submitted;
            (2) if a State fails to submit a report as required under
        subsection (c), during the period between the date such report
        is due and the date on which such report is submitted; or
            (3) if a State violates a requirement of section 4, during
        the period beginning on the date the Secretary becomes aware of
        such violation and the date on which such violation is
        corrected by the State.
    (e) Administrative Supervision and Oversight.--
            (1) Limited role for secretary of treasury and the attorney
        general.--
                    (A) Treasury.--The authority of the Secretary of
                the Treasury under this Act is limited to--
                            (i) promulgating regulations, issuing
                        rules, or publishing guidance documents to the
                        extent necessary for purposes of implementing
                        subsection (a)(3)(B), subsection (b), and
                        subsection (d);
                            (ii) making payments to the States under
                        grants under section 4;
                            (iii) approving entities under subsection
                        (a)(3)(B) for purposes of the audits required
                        under subsection (a);
                            (iv) withholding payment to a State of a
                        grant under subsection (d) or offsetting a
                        payment of such a grant to a State under
                        subsection (b); and
                            (v) exercising the authority relating to
                        nondiscrimination that is specified in section
                        6(b).
                    (B) Attorney general.--The authority of the
                Attorney General to supervise the amounts received by a
                State under section 4 is limited to the authority under
                section 6(b).
    (f) Reservation of State Powers.--Nothing in this section shall be
construed to limit the power of a State, including the power of a State
to pursue civil and criminal penalties under State law against any
individual or entity that misuses, or engages in fraud or abuse related
to, the funds provided to a State under section 4.

SEC. 6. NONDISCRIMINATION PROVISIONS.

    (a) No Discrimination Against Individuals.--No individual shall be
excluded from participation in, denied the benefits of, or subjected to
discrimination under, any program or activity funded in whole or in
part with amounts paid to a State under section 4 on the basis of such
individual's--
            (1) disability under section 504 of the Rehabilitation Act
        of 1973 (29 U.S.C. 794);
            (2) sex under title IX of the Education Amendments of 1972
        (20 U.S.C. 1681 et seq.); or
            (3) race, color, or national origin under title VI of the
        Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
    (b) Compliance.--
            (1) In general.--If the Attorney General determines that a
        State or an entity that has received funds from amounts paid to
        a State under a grant under section 4 has failed to comply with
        a provision of law referred to in subsection (a), the Secretary
        of the Treasury shall notify the chief executive officer of the
        State of such failure to comply and shall request that such
        chief executive officer secure such compliance.
            (2) Enforcement.--If, not later than 60 days after
        receiving notification under paragraph (1), the chief executive
        officer of a State fails or refuses to secure compliance with
        the provision of law referred to in such notification, the
        Attorney General may--
                    (A) institute an appropriate civil action; or
                    (B) exercise the powers and functions provided
                under section 505 of the Rehabilitation Act of 1973 (29
                U.S.C. 794a), title IX of the Education Amendments of
                1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil
                Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as
                applicable).

SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS.

    Not later than 24 months after the date of enactment of this Act--
            (1) each job training program under the jurisdiction of the
        Department of Education, including the Carl D. Perkins Career
        and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.)
        shall be transferred to the Department of Labor;
            (2) each special education grant program under the
        Individuals with Disabilities Education Act (20 U.S.C. 1460 et
        seq.) shall be transferred to the Department of Health and
        Human Services;
            (3) each Indian Education program under the jurisdiction of
        the Department of Education shall be transferred to the
        Department of the Interior;
            (4) each Impact Aid program under title VIII of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701
        et seq.) shall be transferred to the Department of Defense; and
            (5) the Federal Pell Grant program under subpart 1 of part
        A of title IV of the Higher Education Act of 1965 (20 U.S.C.
        1070a), which shall be capped at $18,000,000,000 per fiscal
        year, and the Federal student loan programs under parts B and D
        of title IV of such Act (20 U.S.C. 1070 et seq.; 20 U.S.C.
        1087a et seq.) shall be transferred to the Department of Health
        and Human Services.

SEC. 8. GAO REPORT.

    Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate
report, which shall include--
            (1) a review and evaluation as to the feasibility of
        enhancing the ability of States and local communities to fund
        education by reducing the Federal tax burden and commensurately
        eliminating Federal Government involvement in providing grants
        for education programs; and
            (2) an evaluation of the feasibility of the successor
        Federal agencies for maintaining the programs to be transferred
        under section 7.

SEC. 9. PLAN FOR WINDING UP AFFAIRS.

    Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Congress a plan for winding up
the affairs of the Department of Education in accordance with this Act.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Elementary school; secondary school.--The terms
        ``elementary school'' and ``secondary school'' have the
        meanings given the terms in section 9101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 9101).
            (2) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 102 of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 1002).
            (3) State.--The term ``State'' has the meaning given the
        term in section 103 of the Higher Education Act of 1965 (20
        U.S.C. 1003).

Output: Department of Education Elimination Act of 2014 - Abolishes the Department of Education (Department) and repeals any program for which it or the Secretary of Education has administrative responsibility. Directs the Secretary of the Treasury to provide grants to states, for FY2015-FY2024, for any: (1) elementary and secondary education purpose permitted by state law, and (2) postsecondary education purpose permitted by state law. Sets the funding level for those grants at the amount of funding provided to states for federal elementary and secondary education programs and the amount provided for federal postsecondary education programs, respectively, for FY2012, minus the funding they were provided for education programs that this Act transfers to other federal agencies. Requires states to contract for an annual audit of their expenditures or transfers of grant funds. Requires the transfer of:  each of the Department's job training programs to the Department of Labor; each special education grant program under the Individuals with Disabilities Education Act to the Department of Health and Human Services (HHS); each of the Department's Indian Education programs to the Department of the Interior; each Impact Aid program under the Elementary and Secondary Education Act of 1965 to the Department of Defense (DOD); and the Federal Pell Grant program and the Federal Family Education Loan and William D. Ford Federal Direct Loan programs, under the Higher Education Act of 1965, to the Department of HHS.  Sets a fiscal year cap on Federal Pell Grant funding.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Flag Passenger Vessel
Act of 1993''.

SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.

    (a) In General.--Section 8 of the Act of June 19, 1886 (46 App.
U.S.C. 289), is amended to read as follows:

``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

    ``(a) In General.--Except as otherwise provided by law, a vessel
may transport passengers in coastwise trade only if--
            ``(1) the vessel meets the requirements of section 27 of
        the Merchant Marine Act, 1920 and section 2 of the Shipping
        Act, 1916 for engaging in the coastwise trade; and
            ``(2) for a vessel that is at least 5 net tons, the vessel
        is documented under chapter 121 of title 46, United States
        Code, with a coastwise endorsement.
    ``(b) Penalties.--
            ``(1) Civil penalty.--A person operating a vessel in
        violation of this section is liable to the United States
        Government for a civil penalty of $1,000 for each passenger
        transported in violation of this section.
            ``(2) Forfeiture.--A vessel operated in knowing violation
        of this section, and its equipment, are liable to seizure by
        and forfeiture to the United States Government.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `coastwise trade' includes--
                    ``(A) transportation of a passenger from a place in
                any State or possession of the United States and
                returning to that place, if during that transportation
                no passenger departs from the vessel in a foreign
                country; and
                    ``(B) transportation of a passenger between points
                in the United States, either directly or by way of a
                foreign port; and
            ``(2) the term `passenger' does not include a travel agent
        on a voyage if--
                    ``(A) the purpose of the voyage is to promote
                future trips on the vessel;
                    ``(B) money is not paid to the vessel owner or
                charterer for the voyage; and
                    ``(C) the voyage goes beyond the territorial sea of
                the United States.''.
    (b) Exception.--
            (1) In general.--Notwithstanding the amendment made by
        subsection (a), an ineligible vessel may engage in transport of
        passengers in coastwise trade (as those terms are defined in
        that amendment) on a trade route, if--
                    (A) the vessel engaged, in the period beginning
                January 1, 1990, and ending March 9, 1993, in transport
                of passengers in coastwise trade on that trade route;
                and
                    (B) within one year after the date of the enactment
                of this Act, the owner files with the Secretary of
                Transportation an affidavit certifying compliance with
                subparagraph (A) and listing each trade route on which
                the vessel engaged in transport of passengers in
                coastwise trade in the period described in subparagraph
                (A).
            (2) Scheduled expiration of exception.--Paragraph (1) does
        not apply to an ineligible vessel after the later of--
                    (A) January 1, 2000,
                    (B) the date that is 15 years after the date of
                completion of construction of the vessel, or
                    (C) the date that is 15 years after the date of
                completion of any major conversion of the vessel that
                is begun before the date of the enactment of this Act.
            (3) Expiration of exception for failure to recrew.--
        Paragraph (1) does not apply to an ineligible vessel after the
        date that is 5 years after the date of the enactment of this
        Act, unless--
                    (A) each individual employed on the vessel after
                the one-year period beginning on the date of the
                enactment of this Act is either a citizen of the United
                States or an alien lawfully admitted to the United
                States for permanent residence; and
                    (B) not more than 25 percent of the total number of
                individuals employed on the vessel after the one-year
                period beginning on the date of the enactment of this
                Act are aliens lawfully admitted to the United States
                for permanent residence.
            (4) Termination of exception upon entry of replacement.--
        Paragraph (1) does not apply to an ineligible vessel with
        respect to a trade route after the date of the entry into
        service on that trade route of an eligible vessel, if--
                    (A) the eligible vessel has a passenger carrying
                capacity that is equal to at least 75 percent of the
                passenger carrying capacity of the ineligible vessel,
                as determined by the Secretary of the Department in
                which the Coast Guard is operating;
                    (B) the person that is the owner or charterer of
                the eligible vessel submits to the Secretary of
                Transportation, by not later than 270 days before the
                date of that entry into service--
                            (i) a notice of the intent of the person to
                        enter into that service; and
                            (ii) such evidence as the Secretary may
                        require that the person is offering and
                        advertising that service;
                    (C) any individual employed on the ineligible
                vessel after the one-year period beginning on the date
                of the enactment of this Act--
                            (i) is not a citizen of the United States;
                        and
                            (ii) is not an alien lawfully admitted to
                        the United States for permanent residence; and
                    (D) more than 25 percent of the total number of
                individuals employed on the ineligible vessel after the
                one-year period beginning on the date of the enactment
                of this Act are aliens lawfully admitted to the United
                States for permanent residence.
            (5) Termination of exception upon sale of vessel.--
        Paragraph (1) does not apply to an ineligible vessel after any
        date on which the vessel is sold after the date of the
        enactment of this Act.
            (6) Definitions.--In this subsection--
                    (A) the term ``eligible vessel'' means a vessel
                that is eligible under chapter 121 of title 46, United
                States Code, for a certificate of documentation
                authorizing the vessel to engage in coastwise trade;
                    (B) the term ``ineligible vessel'' means a vessel
                that is not eligible under chapter 121 of title 46,
                United States Code, for a certificate of documentation
                authorizing the vessel to engage in coastwise trade;
                and
                    (C) the term ``major conversion'' has the meaning
                that term has under section 2101 of title 46, United
                States Code.

SEC. 3. DOCUMENTATION OF VESSELS.

    (a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
sections 12106 and 12107 of title 46, United States Code, the Secretary
of Transportation may issue certificates of documentation with
appropriate endorsement for employment in the coastwise trade for the
following vessels:
            (1) Emerald Princess (former United States official number
        530095).
            (2) Europa Star (former United States official number
        588270).
            (3) Europa Sun (former United States official number
        596656).
    (b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade for
the vessel M/V Helton Voyager (Spanish registration lista 2A-Folio-592)
if--
            (1) the person documenting the vessel entered a contract
        before May 21, 1992, to purchase the vessel;
            (2) the vessel undergoes a major conversion (as defined in
        section 2101 of title 46, United States Code) in a United
        States shipyard under a contract signed before January 1, 1994;
            (3) the cost of the major conversion is more than the value
        of the vessel before the major conversion; and
            (4) the major conversion is completed and the vessel is
        documented under chapter 121 of title 46, United States Code,
        with a coastwise endorsement before January 1, 1995.
    (c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade, for
the vessel M/V Twin Drill (Panama official number 8536-PEXT-2) if--
            (1) the vessel undergoes a major conversion (as defined in
        section 2101 of title 46, United States Code) in a United
        States shipyard;
            (2) the cost of the major conversion is more than 3 times
        the purchase value of the vessel before the major conversion;
            (3) the major conversion is completed and the vessel is
        documented under chapter 121 of title 46, United States Code,
        with a coastwise endorsement before June 30, 1995; and
            (4) the person documenting the vessel contracts with a
        United States shipyard to construct an additional vessel of
        equal or greater passenger capacity within 12 months of the
        date of enactment of this Act, for delivery within 36 months of
        the date of such contract, which vessel shall also be
        documented under chapter 121 of title 46, United States Code.
    (d)(1) The vessel Star of Texas (Lloyds register number L5103936)
may engage in coastwise trade (as defined in section 8(c)(1)(A) of the
Act of June 19, 1886, as amended by this Act) out of the Port of
Galveston during the 5-year period beginning on the date of the
enactment of this Act, if during the period beginning 30 days after
that date of enactment and ending 5 years after that date of
enactment--
            (A) at least 60 employees engaged on the vessel are United
        States citizens;
            (B) of the employees engaged on the vessel who are United
        States citizens, at least 60 are proficient in lifeboat
        training, firefighting, and vessel evacuation under standards
        certified by the United States Coast Guard;
            (C) all repairs and alterations to the vessel are done in
        United States shipyards;
            (D) the vessel is a United States documented vessel before
        the end of that period; and
            (E) all other employees are instructed in basic safety
        techniques.
    (2) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) and section 12106 of title 46, United States Code, and
subject to paragraph (1), the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade in the period described in paragraph
(1) for a vessel described in that paragraph.

SEC. 4. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING DEVICES
              ON VESSELS.

    Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by
adding at the end the following:
                    ``(C) Exclusion of certain voyages and segments.--A
                voyage or segment of a voyage is not described in
                subparagraph (B) if it includes or consists of,
                respectively, a segment--
                            ``(i) that begins and ends in the same
                        State or possession of the United States;
                            ``(ii) that is part of a voyage to another
                        State or possession of the United States or to
                        a foreign country; and
                            ``(iii) in which the vessel reaches the
                        other State or possession of the United States
                        or the foreign country within 3 days after
                        leaving the State or possession of the United
                        States in which the segment begins.''.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

                      By Dallas L. Dendy, Jr.,

                                                Assistant to the Clerk.

Output:
United States-Flag Passenger Vessel Act of 1993 - Amends Federal law to permit a vessel to transport passengers in coastwise trade only if:  (1) the vessel meets certain requirements under the Merchant Marine Act, 1920 and the Shipping Act, 1916 for engaging in such trade; and (2) in the case of a vessel that is at least five net tons, it is documented with a coastwise endorsement.  Sets forth a civil penalty of $1,000 per passenger transported in violation of this Act.  Sets forth terminable exceptions to such requirements for certain ineligible vessels.
Authorizes the Secretary of Transportation to issue certificates of documentation for certain named vessels.  Authorizes the Secretary to issue such certificates to certain other named vessels if certain conditions are met.
Amends the Johnson Act to set forth instances in which the prohibition on gambling devices on vessels shall not apply.


Input:
SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Black Lung
Benefits Restoration Act of 1997''.
    (b) Reference.--Whenever in this Act (other than section 9(a)(1))
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Black Lung
Benefits Act.

SEC. 2. BENEFIT OVERPAYMENT.

    Part C is amended by adding at the end the following:
    ``Sec. 436 (a) The repayment of benefits paid on a claim filed
under this part before the final adjudication of the claim shall not be
required if the claim was finally denied, unless fraud or deception was
used to procure the payment of such benefits.
    ``(b) The trust fund shall refund any payments made to it as a
reimbursement of benefits paid on a claim filed under this part before
the final adjudication of the claim, unless fraud or deception was used
to procure the payment of such benefits.
    ``(c) The trust fund shall reimburse an operator for any benefits
paid on a claim filed under this part before the final adjudication of
the claim if the claim was finally denied.
    ``(d) If on a claim for benefits filed under this part--
            ``(1) the Secretary makes an initial determination--
                    ``(A) of eligibility, or
                    ``(B) that particular medical benefits are payable,
                or
            ``(2) an award of benefits is made,
the operator found to be the responsible operator under section 422(h)
shall, within 30 days of the date of such determination or award,
commence the payment of monthly benefits accruing thereafter and of
medical benefits that have been found payable. If an operator fails to
timely make any payment required by an initial determination or by an
award, such determination or award shall be considered final as of the
date of its issuance.''.

SEC. 3. EVIDENCE.

    Section 422 (30 U.S.C. 932) is amended by adding at the end the
following:
    ``(m)(1)(A) During the course of all proceedings on a claim for
benefits under this part, the results of not more than 3 medical
examinations offered by the claimant may be received as evidence to
support eligibility for benefits.
    ``(B) During the course of all proceedings on a claim for benefits
under this part, the responsible operator and the trust fund--
            ``(i) may each require, at no expense to the claimant, not
        more than one medical examination of the miner, and
            ``(ii) may not each offer as evidence the results of more
        than one medical examination of the miner.
    ``(C) An administrative law judge may require the miner to submit
to a medical examination by a physician assigned by the District
Director if the administrative law judge determines that, at any time,
there is good cause for requiring such examination. For purposes of
this subparagraph, good cause shall exist only when the administrative
law judge is unable to determine from existing evidence whether the
claimant is entitled to benefits.
    ``(D) The complete pulmonary evaluation provided each miner under
section 413(b) and any consultive evaluation developed by the District
Director shall be received into evidence notwithstanding subparagraph
(A) or (B).
    ``(E) Any record of--
            ``(i) hospitalization for a pulmonary or related disease,
            ``(ii) medical treatment for a pulmonary or related
        disease, and
            ``(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subparagraph (A) or (B).
    ``(2) In addition to the medical examinations authorized by
paragraph (1), each party may submit one interpretive medical opinion
(whether presented as documentary evidence or in oral testimony)
reviewing each clinical study or physical examination (including a
consultive reading of a chest roentgenogram, an evaluation of a blood
gas study, and an evaluation of a pulmonary function study) derived
from any medical examination or contained in a record referred to in
paragraph (1)(E).
    ``(3) A request for modification of a denied claim under section 22
of the Longshore and Harbor Workers' Compensation Act, as made
applicable to this Act by subsection (a) of this section, shall be
considered as if it were a new claim for the purpose of applying the
limitations prescribed by paragraphs (1) and (2).
    ``(4) The opinion of a miner's treating physician, if offered in
accordance with paragraph (1)(A), shall be given substantial weight
over the opinion of other physicians in determining the claimant's
eligibility for benefits if the treating physician is board-certified
in a specialty relevant to the diagnosis of total disability or death
due to pneumoconiosis.
    ``(5) For purposes of this subsection, a medical examination
consists of a physical examination and all appropriate clinical studies
(not including a biopsy or an autopsy) related to the diagnosis of
total disability or death due to pneumoconiosis.''.

SEC. 4. SURVIVOR BENEFITS.

    (a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3,
is amended by adding at the end the following:
    ``(n) If an eligible survivor files a claim for benefits under this
part and if the miner--
            ``(1) was receiving benefits for pneumoconiosis pursuant to
        a final adjudication under this part, or
            ``(2) was totally disabled by pneumoconiosis at the time of
        the miner's death,
the miner's death shall be considered to have occurred as a result of
the pneumoconiosis.''.
    (b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as
amended by subsection (a), is amended by adding at the end the
following:
    ``(o)(1) A widow or widower of a miner who was married to the miner
for less than 9 months at any time preceding the miner's death is not
qualified to receive survivor benefits under this part unless the widow
or widower was the natural or adoptive parent of the miner's child.
    ``(2) The widow or widower of a miner is disqualified to receive
survivor benefits under this part if the widow or widower remarries
before attaining the age of 50.
    ``(3) A widow or widower may not receive an augmentation in
survivor benefits on any basis arising out of a remarriage of the widow
or widower.''.

SEC. 5. RESPONSIBLE OPERATOR.

    Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)''
after ``(h)'' and by adding at the end the following:
    ``(2)(A) Prior to issuing an initial determination of eligibility,
the Secretary shall, after investigation, notice, and a hearing as
provided in section 19 of the Longshore and Harbor Workers'
Compensation Act, as made applicable to this Act by subsection (a) of
this section, determine whether any operator meets the Secretary's
criteria for liability as a responsible operator under this Act. If a
hearing is timely requested on the liability issue, the decision of the
administrative law judge conducting the hearing shall be issued not
later than 120 days after such request and shall not be subject to
further appellate review.
    ``(B) If the administrative law judge determines that an operator's
request for a hearing on the liability issue was made without
reasonable grounds, the administrative law judge may assess the
operator for the costs of the proceeding (not to exceed $750).''.

SEC. 6. ATTORNEY FEES.

    Section 422 (30 U.S.C. 932), as amended by section 4(b), is amended
by adding at the end the following:
    ``(p)(1) If in any administrative or judicial proceeding on a claim
for benefits a determination is made that a claimant is entitled to
such benefits, the claimant shall be entitled to receive all reasonable
costs and expenses (including expert witness and attorney's fees)
incurred by the claimant in such proceeding and in any other
administrative or judicial proceeding on such claim occurring before
such proceeding.
    ``(2) In the case of a proceeding held with respect to such claim--
            ``(A) the person or Board which made the determination that
        the claimant is entitled to benefits in an administrative
        proceeding and any other person or Board which made a prior
        determination in an administrative proceeding on such claim, or
            ``(B) the court in the case of a judicial proceeding,
shall determine the amount of all costs and expenses (including expert
witness and attorney's fees) incurred by the claimant in connection
with any such proceeding and shall assess the operator responsible to
the claimant for such costs and expenses which are reasonable or if
there is not an operator responsible to the claimant, shall assess the
fund for such costs and expenses.
    ``(3) The determination of such costs and expenses shall be made
within 60 days of the date the claimant submits a petition for the
payment of such costs and expenses to a person, the Board, or court
which made a determination on the claimant's claim. The person, Board,
or court receiving such petition shall take such action as may be
necessary to assure that such costs and expenses are paid within 45
days of the date of the determination of such costs and expenses unless
a motion to reconsider--
            ``(A) the amount of such costs and expenses, or
            ``(B) the person liable for the payment of such amount,
is pending.
    ``(4) If an operator pays costs and expenses assessed under
paragraph (1) and if the claimant for whom such costs and expenses were
paid is determined in a later proceeding not to be eligible for
benefits under this part, the fund shall pay the operator the amount
paid for such costs and expenses.
    ``(5) Section 28(e) of the Longshore and Harbor Workers'
Compensation Act shall apply with respect to any person who receives
costs and expenses which are paid under this subsection on account of
services rendered a claimant.''.

SEC. 7. ADMINISTRATION.

    (a) Appeals to the Benefits Review Board.--No appeal of an order in
a proceeding under the Black Lung Benefits Act may be made by a
claimant or respondent to the Benefits Review Board unless such order
has been made by an administrative law judge.
    (b) Acquiescence.--The Secretary of Labor may not delegate to the
Benefits Review Board the authority to refuse to acquiesce in a
decision of a Federal court.

SEC. 8. REFILING.

    Any claim filed under the Black Lung Benefits Act after January 1,
1982, but before the effective date of this Act prescribed by section
11(a), may be refiled under such Act after such effective date for a de
novo review on the merits.

SEC. 9. CONSTRUCTION.

    If in any legal proceeding a term in any amendment made by this Act
is considered to be ambiguous, the legislative history accompanying
this Act shall be considered controlling.

SEC. 10. EFFECTIVE DATES.

    (a) General Rule.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect October 1, 1997.
    (b) Section 6.--The amendment made by section 6 shall apply only
with respect to claims which are filed for the first time after October
1, 1997, and shall not apply with respect to any claim which is filed
before such date and which is refiled under section 8 of this Act after
such date.

Output:
Black Lung Benefits Restoration Act of 1997 - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung (pneumoconiosis) benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant.  Provides for refunds to claimants of any such repayments required before this Act.  Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments.
(Sec. 3) Revises evidence requirements.  Prohibits the responsible operator or the Trust Fund from requiring more than one medical examination to controvert medical evidence presented by a claimant on the basis of a medical examination.  Prohibits any claimant from offering more than three medical examinations, but authorizes the administrative law judge to require the claimant to submit to an additional medical examination.
(Sec. 4) Revises requirements for survivor benefits.  Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was totally disabled by, pneumoconiosis at the time of death.  Prohibits the payment of survivor benefits to any widow or widower of a miner who was married to the miner for less than nine months preceding the miner's death, unless such widow or widower was the natural or adoptive parent of the miner's child.  or who had children as a result of such a marriage.  Disqualifies for receipt of survivor benefits the widows or widowers of miners who remarry before attaining age 50. Prohibits any widow or widower from receiving an augmentation in survivor benefits on any basis arising out of a remarriage.
(Sec. 5) Requires the Secretary of Labor, before issuing an initial determination of workers compensation eligibility for pneumoconiosis, to determine whether any operator meets the Secretary's criteria for liability as a responsible operator.  Requires an administrative law judge conducting a timely requested hearing on the liability issue to render a decision by a certain deadline, which decision shall not be subject to further appellate review.  Authorizes assessment of proceeding costs against any operator requesting such a hearing, if the administrative law judge finds there were no reasonable grounds for such a request.
(Sec. 6) Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits.  Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination.
Requires the Trust Fund to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits.
(Sec. 7) Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge.
(Sec. 8) Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits.


Input:
SECTION 1. AVAILABILITY OF PROPORTIONATE SHARE OF DOCKET 74-A TO THE
              SANTEE SIOUX TRIBE.

    (a) In General.--Of the amounts appropriated in satisfaction of the
monetary settlement in Docket 74-A, together with the investment income
earned thereon, the proportionate share of the Santee Sioux Tribe shall
be available in accordance with this Act.
    (b) Fund.--The Secretary of the Interior shall hold the amount made
available under subsection (a) in trust for the tribe in a trust fund
to be known as the ``Santee Sioux Tribe Docket 74-A Fund''.
    (c) Investment of Principal.--The Secretary shall invest the
principal of the fund in accordance with applicable law.
    (d) Availability of Earnings.--The interest and investment income
earned under subsection (c) shall be made available on an annual basis
to the Santee Sioux Tribe for such social and economic programs and
tribal government operations as may be determined by the tribal council
of the Santee Sioux Tribe, as follows:
            (1) 20 percent of such amounts shall be available annually
        for economic development.
            (2) 20 percent of such amounts shall be available annually
        for burials.
            (3) 60 percent of such amounts shall be available annually
        for annual budgeting by the tribal council based on local
        priorities and initiatives.
    (e) Restrictions on Use of Moneys for Acquisition of Land Located
Outside of Reservation.--Amounts made available under subsection (d)
may not be used to acquire any lands or interests in lands located
outside the exterior boundaries of the reservation of the Santee Sioux
Tribe.
    (f) Tax Exemption and Resources Exemption Limitation.--None of the
funds which are distributed per capita or held in trust pursuant to
this section, including all interest and investment income accrued
thereon while such funds are so held in trust, shall be subject to
Federal or State income taxes, nor shall such funds nor their
availability be considered as income or resources nor otherwise
utilized as the basis for denying or reducing the financial assistance
or other benefits to which such household or member would otherwise be
entitled under the Social Security Act (42 U.S.C. 301 et seq.) or,
except for per capita shares in excess of $2,000, any Federal or
federally assisted program.
    (g) Release, Relinquishment, and Extinguishment of Claims.--
            (1) Release and relinquishment.--No amount may be made
        available under subsection (a) until after the Santee Sioux
        Tribe executes a release and relinquishment, acceptable to the
        Secretary, of all claims subject to Docket 74-A.
            (2) Extinguishment.--By virtue of the execution of a
        release and relinquishment under paragraph (1), all claims by
        the Santee Sioux Tribe and any of its members against the
        United States which are subject to Docket 74-A shall be deemed
        extinguished as of the date of the execution.

SEC. 2. APPLICABILITY OF SETTLEMENT TERMS AND CONDITIONS OF SIOUX
              INDIAN NATION IN DOCKETS 74-A AND 74-B, IF SETTLED.

    (a) In General.--If the Sioux Indian Nation accepts the settlement
in both Dockets 74-A and 74-B, all amounts remaining in the fund shall
be subject to the general terms and conditions applicable to moneys
available to the Sioux Indian Nation under such settlement. Thereafter,
section 1 shall not apply.
    (b) Sioux Indian Nation.--For the purposes of subsection (a), the
term ``Sioux Indian Nation'' means--
            (1) the Cheyenne River Sioux Tribe of the Cheyenne River
        Indian Reservation;
            (2) the Crow Creek Sioux Tribe of the Crow Creek Indian
        Reservation;
            (3) the Flandreau Santee Sioux Tribe of South Dakota;
            (4) the Lower Brule Sioux Tribe of the Lower Brule Indian
        Reservation;
            (5) the Oglala Sioux Tribe of the Pine Ridge Reservation;
            (6) the Rosebud Sioux Tribe of the Rosebud Reservation,
        South Dakota;
            (7) the Santee Sioux Tribe of the Santee Reservation,
        Nebraska;
            (8) the Standing Rock Sioux Tribe of the Standing Rock
        Reservation, North and South Dakota; and
            (9) the Sioux Tribe of the Fort Peck Reservation, Montana.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Santee Sioux Tribe'' means the Santee Sioux
        Tribe of the Santee Reservation, Nebraska, a party to Docket
        74-A.
            (2) The term ``Docket 74-A'' means the action before the
        United States Claims Court in the case entitled ``Sioux Nation
        of Indians against the United States'' for the adjudication of
        claims based on the Treaty of April 29, 1868 (15 Stat. 635),
        and the monetary settlement related thereto, between the United
        States Government and the Sioux Indian Nation. Such term does
        not include claims based on the Act of February 22, 1877 (19
        Stat. 254), relating to the taking of the Black Hills,
        designated as Docket 74-B.
            (3) The term ``proportionate share'' means 5.11 percent, as
        provided by the Bureau of Indian Affairs in their ``Results of
        Research Report'' dated October 1989.
            (4) The term ``fund'' means the Santee Sioux Tribe Docket
        74-A Fund established by section 2(b).
            (5) The term ``Secretary'' means the Secretary of the
        Interior.

Output:
Makes available the proportionate share of the amounts appropriated in satisfaction of the monetary settlement, together with the investment income earned thereon, with respect to the Santee Sioux Tribe of Nebraska.
Directs that if the Sioux Indian Nation accepts the settlements: (1) all amounts remaining in the fund will be subject to the general terms and conditions applicable to moneys available to the Sioux Indian Nation under such settlement; and (2) thereafter the first clause shall not apply.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Tax Relief Act of 1999''.

SEC. 2. REPEAL OF 1993 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
sentence:
        ``This paragraph shall not apply to any taxable year beginning
        after December 31, 1998.''
    (b) Conforming Amendments.--
            (1) Paragraph (3) of section 871(a) of such Code is amended
        by striking ``85 percent'' in subparagraph (A) and inserting
        ``50 percent''.
            (2)(A) Subparagraph (A) of section 121(e)(1) of the Social
        Security Amendments of 1983 (Public Law 98-21) is amended--
                    (i) by striking ``(A) There'' and inserting
                ``There'';
                    (ii) by striking ``(i)'' immediately following
                ``amounts equivalent to''; and
                    (iii) by striking ``, less (ii)'' and all that
                follows and inserting a period.
            (B) Paragraph (1) of section 121(e) of such Act is amended
        by striking subparagraph (B).
            (C) Paragraph (3) of section 121(e) of such Act is amended
        by striking subparagraph (B) and by redesignating subparagraph
        (C) as subparagraph (B).
            (D) Paragraph (2) of section 121(e) of such Act is amended
        in the first sentence by striking ``paragraph (1)(A)'' and
        inserting ``paragraph (1)''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.

SEC. 3. REMOVAL OF LIMITATION UPON THE AMOUNT OF OUTSIDE INCOME WHICH A
              SOCIAL SECURITY BENEFICIARY MAY EARN WHILE RECEIVING
              BENEFITS.

    (a) Repeal of Provisions Relating to Deductions on Account of
Work.--
            (1) In general.--Subsections (b), (c)(1), (d), (f), (h),
        (j), and (k) of section 203 of the Social Security Act (42
        U.S.C. 403) are repealed.
            (2) Conforming amendments.--Section 203 of such Act (as
        amended by subsection (a)) is further amended--
                    (A) in subsection (c), by redesignating such
                subsection as subsection (b), and--
                            (i) by striking ``Noncovered Work Outside
                        the United States or'' in the heading;
                            (ii) by redesignating paragraphs (2), (3),
                        and (4) as paragraphs (1), (2), and (3),
                        respectively;
                            (iii) by striking ``For purposes of
                        paragraphs (2), (3), and (4)'' and inserting
                        ``For purposes of paragraphs (1), (2), and
                        (3)''; and
                            (iv) by striking the last sentence;
                    (B) in subsection (e), by redesignating such
                subsection as subsection (c), and by striking
                ``subsections (c) and (d)'' and inserting ``subsection
                (b)'';
                    (C) in subsection (g), by redesignating such
                subsection as subsection (d), and by striking
                ``subsection (c)'' each place it appears and inserting
                ``subsection (b)''; and
                    (D) in subsection (l), by redesignating such
                subsection as subsection (e), and by striking
                ``subsection (g) or (h)(1)(A)'' and inserting
                ``subsection (d)''.
    (b) Additional Conforming Amendments.--
            (1) Provisions relating to benefits terminated upon
        deportation.--Section 202(n)(1) of the Social Security Act (42
        U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b),
        (c), and (d)'' and inserting ``Section 203(b)''.
            (2) Provisions relating to exemptions from reductions based
        on early retirement.--
                    (A) Section 202(q)(5)(B) of such Act (42 U.S.C.
                402(q)(5)(B)) is amended by striking ``section
                203(c)(2)'' and inserting ``section 203(b)(1)''.
                    (B) Section 202(q)(7)(A) of such Act (42 U.S.C.
                402(q)(7)(A)) is amended by striking ``deductions under
                section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and
                inserting ``deductions on account of work under section
                203 or deductions under section 222(b)''.
            (3) Provisions relating to exemptions from reductions based
        on disregard of certain entitlements to child's insurance
        benefits.--
                    (A) Section 202(s)(1) of such Act (42 U.S.C.
                402(s)(1)) is amended by striking ``paragraphs (2),
                (3), and (4) of section 203(c)'' and inserting
                ``paragraphs (1), (2), and (3) of section 203(b)''.
                    (B) Section 202(s)(3) of such Act (42 U.S.C.
                402(s)(3)) is amended by striking ``The last sentence
                of subsection (c) of section 203, subsection (f)(1)(C)
                of section 203, and subsections'' and inserting
                ``Subsections''.
            (4) Provisions relating to suspension of aliens'
        benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7))
        is amended by striking ``Subsections (b), (c), and (d)'' and
        inserting ``Subsection (b)''.
            (5) Provisions relating to benefits increased 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 by striking ``or 203(c)''.
            (6) Provisions relating to reductions in benefits based on
        maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42
        U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and
        subsections (b), (c), and (d)'' and inserting ``and subsection
        (b)''.
            (7) Provisions relating to penalties for misrepresentations
        concerning earnings for periods subject to deductions on
        account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C.
        408(a)(1)(C)) is amended by striking ``under section 203(f) of
        this title for purposes of deductions from benefits'' and
        inserting ``under section 203 for purposes of deductions from
        benefits on account of work''.
            (8) Provisions taking into account earnings in determining
        benefit computation years.--Clause (I) in the next to last
        sentence of section 215(b)(2)(A) of such Act (42 U.S.C.
        415(b)(2)(A)) is amended by striking ``no earnings as described
        in section 203(f)(5) in such year'' and inserting ``no wages,
        and no net earnings from self-employment (in excess of net loss
        from self-employment), in such year''.
            (9) Provisions relating to rounding of benefits.--Section
        215(g) of such Act (42 U.S.C. 415(g)) is amended by striking
        ``and any deduction under section 203(b)''.
            (10) Provisions relating to earnings taken into account in
        determining substantial gainful activity of blind
        individuals.--The second sentence of section 223(d)(4) of such
        Act (42 U.S.C. 423(d)(4)) 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 section 3 of the Senior Tax
        Relief Act of 1999 had not been enacted''.
            (11) Provisions defining income for purposes of SSI.--
        Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
                    (A) by striking ``as determined under section
                203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as
                defined in the last two sentences of this subsection'';
                and
                    (B) by adding at the end (after and below paragraph
                (2)(F)) the following new sentences:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(m)(2) or in a pension plan of the employer.''.
            (12) Repeal of deductions on account of work under the
        railroad retirement program.--Section 2 of the Railroad
        Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking
        subsections (f) and (g)(2).
    (c) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years ending on or after
the date of the enactment of this Act.

SEC. 4. REPEAL OF ESTATE AND GIFT TAXES.

    (a) In General.--Subtitle B of the Internal Revenue Code of 1986
(relating to estate, gift, and generation-skipping taxes) is hereby
repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall apply
to estates of decedents dying, and transfers made, after the date of
the enactment of this Act.

Output:
Senior Tax Relief Act of 1999 - Amends the Internal Revenue Code (IRC) to repeal the tax increase on social security benefits enacted by the Revenue Reconciliation Act of 1993.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.
Amends the IRC to repeal the estate tax, gift tax, and the tax on generation-skipping transfers.