Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Start Healthy, Stay Healthy Act of
2005''.

SEC. 2. STATE OPTION TO EXPAND OR ADD COVERAGE OF CERTAIN PREGNANT
              WOMEN UNDER MEDICAID AND SCHIP.

    (a) Medicaid.--
            (1) Authority to expand coverage.--Section 1902(l)(2)(A)(i)
        of the Social Security Act (42 U.S.C. 1396a(l)(2)(A)(i)) is
        amended by inserting ``(or such higher percent as the State may
        elect for purposes of expenditures for medical assistance for
        pregnant women described in section 1905(u)(4)(A))'' after
        ``185 percent''.
            (2) Enhanced matching funds available if certain conditions
        met.--Section 1905 of the Social Security Act (42 U.S.C. 1396d)
        is amended--
                    (A) in the fourth sentence of subsection (b), by
                striking ``or subsection (u)(3)'' and inserting ``,
                (u)(3), or (u)(4)''; and
                    (B) in subsection (u)--
                            (i) by redesignating paragraph (4) as
                        paragraph (5); and
                            (ii) by inserting after paragraph (3) the
                        following:
    ``(4) For purposes of the fourth sentence of subsection (b) and
section 2105(a), the expenditures described in this paragraph are the
following:
            ``(A) Certain pregnant women.--If the conditions described
        in subparagraph (B) are met, expenditures for medical
        assistance for pregnant women described in subsection (n) or
        under section 1902(l)(1)(A) in a family the income of which
        exceeds the effective income level (expressed as a percent of
        the poverty line and considering applicable income disregards)
        that has been specified under subsection (a)(10)(A)(i)(III) or
        (l)(2)(A) of section 1902, as of January 1, 2005, but does not
        exceed the income eligibility level established under title XXI
        for a targeted low-income child.
            ``(B) Conditions.--The conditions described in this
        subparagraph are the following:
                    ``(i) The State plans under this title and title
                XXI do not provide coverage for pregnant women
                described in subparagraph (A) with higher family income
                without covering such pregnant women with a lower
                family income.
                    ``(ii) The State does not apply an effective income
                level for pregnant women that is lower than the
                effective income level (expressed as a percent of the
                poverty line and considering applicable income
                disregards) that has been specified under the State
                plan under subsection (a)(10)(A)(i)(III) or (l)(2)(A)
                of section 1902, as of January 1, 2005, to be eligible
                for medical assistance as a pregnant woman.
            ``(C) Definition of poverty line.--In this subsection, the
        term `poverty line' has the meaning given such term in section
        2110(c)(5).''.
            (3) Payment from title xxi allotment for medicaid expansion
        costs; elimination of counting medicaid child presumptive
        eligibility costs against title xxi allotment.--Section
        2105(a)(1) of the Social Security Act (42 U.S.C. 1397ee(a)(1))
        is amended--
                    (A) in the matter preceding subparagraph (A), by
                striking ``(or, in the case of expenditures described
                in subparagraph (B), the Federal medical assistance
                percentage (as defined in the first sentence of section
                1905(b)))''; and
                    (B) by striking subparagraph (B) and inserting the
                following:
                    ``(B) for the provision of medical assistance that
                is attributable to expenditures described in section
                1905(u)(4)(A);''.
            (4) Additional amendments to medicaid.--
                    (A) Eligibility of a newborn.--Section 1902(e)(4)
                of the Social Security Act (42 U.S.C. 1396a(e)(4)) is
                amended in the first sentence by striking ``so long as
                the child is a member of the woman's household and the
                woman remains (or would remain if pregnant) eligible
                for such assistance''.
                    (B) Application of qualified entities to
                presumptive eligibility for pregnant women under
                medicaid.--Section 1920(b) of the Social Security Act
                (42 U.S.C. 1396r-1(b)) is amended by adding at the end
                after and below paragraph (2) the following flush
                sentence:
``The term `qualified provider' includes a qualified entity as defined
in section 1920A(b)(3).''.
    (b) SCHIP.--
            (1) Coverage.--Title XXI of the Social Security Act (42
        U.S.C. 1397aa et seq.) is amended by adding at the end the
        following:

``SEC. 2111. OPTIONAL COVERAGE OF TARGETED LOW-INCOME PREGNANT WOMEN.

    ``(a) Optional Coverage.--Notwithstanding any other provision of
this title, a State may provide for coverage, through an amendment to
its State child health plan under section 2102, of pregnancy-related
assistance for targeted low-income pregnant women in accordance with
this section, but only if the State meets the conditions described in
section 1905(u)(4)(B).
    ``(b) Definitions.--For purposes of this title:
            ``(1) Pregnancy-related assistance.--The term `pregnancy-
        related assistance' has the meaning given the term child health
        assistance in section 2110(a) as if any reference to targeted
        low-income children were a reference to targeted low-income
        pregnant women, except that the assistance shall be limited to
        services related to pregnancy (which include prenatal,
        delivery, and postpartum services and services described in
        section 1905(a)(4)(C)) and to other conditions that may
        complicate pregnancy.
            ``(2) Targeted low-income pregnant woman.--The term
        `targeted low-income pregnant woman' means a woman--
                    ``(A) during pregnancy and through the end of the
                month in which the 60-day period (beginning on the last
                day of her pregnancy) ends;
                    ``(B) whose family income exceeds the effective
                income level (expressed as a percent of the poverty
                line and considering applicable income disregards) that
                has been specified under subsection (a)(10)(A)(i)(III)
                or (l)(2)(A) of section 1902, as of January 1, 2005, to
                be eligible for medical assistance as a pregnant woman
                under title XIX but does not exceed the income
                eligibility level established under the State child
                health plan under this title for a targeted low-income
                child; and
                    ``(C) who satisfies the requirements of paragraphs
                (1)(A), (1)(C), (2), and (3) of section 2110(b).
    ``(c) References to Terms and Special Rules.--In the case of, and
with respect to, a State providing for coverage of pregnancy-related
assistance to targeted low-income pregnant women under subsection (a),
the following special rules apply:
            ``(1) Any reference in this title (other than in subsection
        (b)) to a targeted low-income child is deemed to include a
        reference to a targeted low-income pregnant woman.
            ``(2) Any such reference to child health assistance with
        respect to such women is deemed a reference to pregnancy-
        related assistance.
            ``(3) Any such reference to a child is deemed a reference
        to a woman during pregnancy and the period described in
        subsection (b)(2)(A).
            ``(4) In applying section 2102(b)(3)(B), any reference to
        children found through screening to be eligible for medical
        assistance under the State medicaid plan under title XIX is
        deemed a reference to pregnant women.
            ``(5) There shall be no exclusion of benefits for services
        described in subsection (b)(1) based on any preexisting
        condition and no waiting period (including any waiting period
        imposed to carry out section 2102(b)(3)(C)) shall apply.
            ``(6) Subsection (a) of section 2103 (relating to required
        scope of health insurance coverage) shall not apply insofar as
        a State limits coverage to services described in subsection
        (b)(1) and the reference to such section in section
        2105(a)(1)(C) is deemed not to require, in such case,
        compliance with the requirements of section 2103(a).
            ``(7) In applying section 2103(e)(3)(B) in the case of a
        pregnant woman provided coverage under this section, the
        limitation on total annual aggregate cost-sharing shall be
        applied to the entire family of such pregnant woman.
    ``(d) Automatic Enrollment for Children Born to Women Receiving
Pregnancy-Related Assistance.--If a child is born to a targeted low-
income pregnant woman who was receiving pregnancy-related assistance
under this section on the date of the child's birth, the child shall be
deemed to have applied for child health assistance under the State
child health plan and to have been found eligible for such assistance
under such plan or to have applied for medical assistance under title
XIX and to have been found eligible for such assistance under such
title, as appropriate, on the date of such birth and to remain eligible
for such assistance until the child attains 1 year of age. During the
period in which a child is deemed under the preceding sentence to be
eligible for child health or medical assistance, the child health or
medical assistance eligibility identification number of the mother
shall also serve as the identification number of the child, and all
claims shall be submitted and paid under such number (unless the State
issues a separate identification number for the child before such
period expires).''.
            (2) Additional allotments for providing coverage of
        pregnant women.--
                    (A) In general.--Section 2104 of the Social
                Security Act (42 U.S.C. 1397dd) is amended by inserting
                after subsection (c) the following:
    ``(d) Additional Allotments for Providing Coverage of Pregnant
Women.--
            ``(1) Appropriation; total allotment.--For the purpose of
        providing additional allotments to States under this title,
        there is appropriated, out of any money in the Treasury not
        otherwise appropriated, for each of fiscal years 2006 and 2007,
        $200,000,000.
            ``(2) State and territorial allotments.--In addition to the
        allotments provided under subsections (b) and (c), subject to
        paragraphs (3) and (4), of the amount available for the
        additional allotments under paragraph (1) for a fiscal year,
        the Secretary shall allot to each State with a State child
        health plan approved under this title--
                    ``(A) in the case of such a State other than a
                commonwealth or territory described in subparagraph
                (B), the same proportion as the proportion of the
                State's allotment under subsection (b) (determined
                without regard to subsection (f)) to the total amount
                of the allotments under subsection (b) for such States
                eligible for an allotment under this paragraph for such
                fiscal year; and
                    ``(B) in the case of a commonwealth or territory
                described in subsection (c)(3), the same proportion as
                the proportion of the commonwealth's or territory's
                allotment under subsection (c) (determined without
                regard to subsection (f)) to the total amount of the
                allotments under subsection (c) for commonwealths and
                territories eligible for an allotment under this
                paragraph for such fiscal year.
            ``(3) Use of additional allotment.--Additional allotments
        provided under this subsection are not available for amounts
        expended before October 1, 2005. Such amounts are available for
        amounts expended on or after such date for child health
        assistance for targeted low-income children, as well as for
        pregnancy-related assistance for targeted low-income pregnant
        women.
            ``(4) No payments unless election to expand coverage of
        pregnant women.--No payments may be made to a State under this
        title from an allotment provided under this subsection unless
        the State provides pregnancy-related assistance for targeted
        low-income pregnant women under this title, or provides medical
        assistance for pregnant women under title XIX, whose family
        income exceeds the effective income level applicable under
        subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902 to a
        family of the size involved as of January 1, 2005.''.
                    (B) Conforming amendments.--Section 2104 of the
                Social Security Act (42 U.S.C. 1397dd) is amended--
                            (i) in subsection (a), in the matter
                        preceding paragraph (1), by inserting ``subject
                        to subsection (d),'' after ``under this
                        section,'';
                            (ii) in subsection (b)(1), by inserting
                        ``and subsection (d)'' after ``Subject to
                        paragraph (4)''; and
                            (iii) in subsection (c)(1), by inserting
                        ``subject to subsection (d),'' after ``for a
                        fiscal year,''.
            (3) Presumptive eligibility under title xxi.--
                    (A) Application to pregnant women.--Section
                2107(e)(1)(D) of the Social Security Act (42 U.S.C.
                1397gg(e)(1)) is amended to read as follows:
                    ``(D) Sections 1920 and 1920A (relating to
                presumptive eligibility).''.
                    (B) Exception from limitation on administrative
                expenses.--Section 2105(c)(2) of the Social Security
                Act (42 U.S.C. 1397ee(c)(2)) is amended by adding at
                the end the following new subparagraph:
                    ``(C) Exception for presumptive eligibility
                expenditures.--The limitation under subparagraph (A) on
                expenditures shall not apply to expenditures
                attributable to the application of section 1920 or
                1920A (pursuant to section 2107(e)(1)(D)), regardless
                of whether the child or pregnant woman is determined to
                be ineligible for the program under this title or title
                XIX.''.
            (4) Additional amendments to title xxi.--
                    (A) No cost-sharing for pregnancy-related
                services.--Section 2103(e)(2) of the Social Security
                Act (42 U.S.C. 1397cc(e)(2)) is amended--
                            (i) in the heading, by inserting ``or
                        pregnancy-related services'' after ``Preventive
                        services''; and
                            (ii) by inserting before the period at the
                        end the following: ``or for pregnancy-related
                        services''.
                    (B) No waiting period.--Section 2102(b)(1)(B) of
                the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is
                amended--
                            (i) by striking ``, and'' at the end of
                        clause (i) and inserting a semicolon;
                            (ii) by striking the period at the end of
                        clause (ii) and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) may not apply a waiting period
                        (including a waiting period to carry out
                        paragraph (3)(C)) in the case of a targeted
                        low-income pregnant woman.''.
    (c) Effective Date.--The amendments made by this section apply to
items and services furnished on or after October 1, 2005, without
regard to whether regulations implementing such amendments have been
promulgated.

SEC. 3. COORDINATION WITH THE MATERNAL AND CHILD HEALTH PROGRAM.

    (a) In General.--Section 2102(b)(3) of the Social Security Act (42
U.S.C. 1397bb(b)(3)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period and
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) that operations and activities under this
                title are developed and implemented in consultation and
                coordination with the program operated by the State
                under title V in areas including outreach and
                enrollment, benefits and services, service delivery
                standards, public health and social service agency
                relationships, and quality assurance and data
                reporting.''.
    (b) Conforming Medicaid Amendment.--Section 1902(a)(11) of such Act
(42 U.S.C. 1396a(a)(11)) is amended--
            (1) by striking ``and'' before ``(C)''; and
            (2) by inserting before the semicolon at the end the
        following: ``, and (D) provide that operations and activities
        under this title are developed and implemented in consultation
        and coordination with the program operated by the State under
        title V in areas including outreach and enrollment, benefits
        and services, service delivery standards, public health and
        social service agency relationships, and quality assurance and
        data reporting''.
    (c) Effective Date.--The amendments made by this section take
effect on January 1, 2006.

SEC. 4. INCREASE IN SCHIP INCOME ELIGIBILITY.

    (a) Definition of Low-Income Child.--Section 2110(c)(4) of the
Social Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended by
striking ``200'' and inserting ``250''.
    (b) Effective Date.--The amendment made by subsection (a) applies
to child health assistance provided, and allotments determined under
section 2104 of the Social Security Act (42 U.S.C. 1397dd) for fiscal
years beginning with fiscal year 2006.

Output:
Start Healthy, Stay Healthy Act of 2005- Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to give States new options to: (1) cover low-income pregnant women; and (2) provide for coordination of SCHIP with the Maternal and Child Health Program under SSA title V.

Provides for an increase in SCHIP income eligibility.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oklahoma City Victims Compensation
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) on April 19, 1995, Public Law 100-440 set a minimum
        staffing level of Federal Police Officers at 1,000 Full Time
        Equivalent personnel for the Federal Protective Service;
            (2) on April 19, 1995, and before the Federal Protective
        Service and its parent agency the General Services
        Administration was charged with providing security and law
        enforcement for Federal properties;
            (3) on April 19, 1995, and before that the Federal
        Protective Service failed to meet the required minimum staffing
        level by a significant margin in excess of 60 percent of the
        mandate;
            (4) on April 29, 1995, and before the Federal Protective
        Service provided only one non-law enforcement guard for three
        or more buildings (including the Murrah Federal Building) in
        the downtown area of Oklahoma City;
            (5) on April 19, 1995, and before the Federal Protective
        Service and its parent Agency the General Services
        Administration were aware of the noncompliance with Public Law
        100-440 and the possible liabilities resulting therefrom;
            (6) on April 19, 1995, and before the Federal Protective
        Service and its parent Agency the General Services
        Administration failed to provide adequate protection and
        deterrence to Federal properties; and
            (7) on April 19, 1995, the Federal Protective Service and
        its parent agency the General Services Administration were
        negligent in the provision of law enforcement personnel and the
        security needs of the Murrah Federal Building in Oklahoma City,
        Oklahoma.

SEC. 3. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Claimant.--The term ``claimant'' means an individual
        filing a claim for compensation under section 5(a)(1).
            (2) Collateral source.--The term ``collateral source''
        means all collateral sources, including life insurance, pension
        funds, death benefit programs, and payments by Federal, State,
        or local governments related to the bombings of the Murrah
        Federal Building on April 19, 1995.
            (3) Economic loss.--The term ``economic loss'' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            (4) Eligible individuals.--The term ``eligible
        individuals'' means an individual determined to be eligible for
        compensation under section 5(c).
            (5) Noneconomic losses.--The term ``noneconomic losses''
        means losses for physical and emotional pain, suffering,
        inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
            (6) Special master.--The term ``Special Master'' means the
        Special Master appointed under section 404(a) of the September
        11th Victim Compensation Fund of 2001 (title IV of the Air
        Transportation Safety and System Stabilization Act (Public Law
        107-42; 115 Stat. XX)).

SEC. 4. PURPOSE.

    It is the purpose of this Act to provide compensation to any
individual (or relatives of a deceased individual) who was physically
injured or killed as a result of the bombing of the Murrah Federal
Building in Oklahoma City, Oklahoma, on April 19, 1995.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Attorney General, acting through the Special
Master, shall--
            (1) administer the compensation program established under
        this Act;
            (2) promulgate all procedural and substantive rules for the
        administration of this Act; and
            (3) employ and supervise hearing officers and other
        administrative personnel to perform the duties of the Special
        Master under this Act.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to pay the administrative
and support costs for the Special Master in carrying out this Act.

SEC. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    (a) Filing of Claims.--
            (1) In general.--A claimant may file a claim for
        compensation under this Act with the Special Master. The claim
        shall be on the form developed under paragraph (2) and shall
        state the factual basis for eligibility for compensation and
        the amount of compensation sought.
            (2) Claim form.--
                    (A) In general.--The Special Master shall develop a
                claim form that claimants shall use when submitting
                claims under paragraph (1). The Special Master shall
                ensure that such form can be filed electronically, if
                determined to be practicable.
                    (B) Contents.--The form developed under
                subparagraph (A) shall request--
                            (i) information from the claimant
                        concerning the physical harm that the claimant
                        suffered, or in the case of a claim filed on
                        behalf of a decedent information confirming the
                        decedent's death, as a result of the bombing of
                        the Murrah Federal Building in Oklahoma City,
                        Oklahoma, on April 19, 1995;
                            (ii) information from the claimant
                        concerning any possible economic and
                        noneconomic losses that the claimant suffered
                        as a result of such bombings; and
                            (iii) information regarding collateral
                        sources of compensation the claimant has
                        received or is entitled to receive as a result
                        of such bombings.
            (3) Limitation.--No claim may be filed under paragraph (1)
        after the date that is 2 years after the date on which
        regulations are promulgated under section 8.
    (b) Review and Determination.--
            (1) Review.--The Special Master shall review a claim
        submitted under subsection (a) and determine--
                    (A) whether the claimant is an eligible individual
                under subsection (c);
                    (B) with respect to a claimant determined to be an
                eligible individual--
                            (i) the extent of the harm to the claimant,
                        including any economic and noneconomic losses;
                        and
                            (ii) the amount of compensation to which
                        the claimant is entitled based on the harm to
                        the claimant, the facts of the claim, and the
                        individual circumstances of the claimant.
            (2) Negligence.--With respect to a claimant, the Special
        Master shall not consider negligence or any other theory of
        liability.
            (3) Determination.--Not later than 120 days after that date
        on which a claim is filed under subsection (a), the Special
        Master shall complete a review, make a determination, and
        provide written notice to the claimant, with respect to the
        matters that were the subject of the claim under review. Such a
        determination shall be final and not subject to judicial
        review.
            (4) Rights of claimant.--A claimant in a review under
        paragraph (1) shall have--
                    (A) the right to be represented by an attorney;
                    (B) the right to present evidence, including the
                presentation of witnesses and documents; and
                    (C) any other due process rights determined
                appropriate by the Special Master.
    (c) Eligibility.--
            (1) In general.--A claimant shall be determined to be an
        eligible individual for purposes of this subsection if the
        Special Master determines that such claimant--
                    (A) is an individual described in paragraph (2);
                and
                    (B) meets the requirements of paragraph (3).
            (2) Individuals.--A claimant is an individual described in
        this paragraph if the claimant is--
                    (A) a citizen of the United States or legal
                permanent resident who--
                            (i) was present at the Murrah Federal
                        Building or within a two block radius of the
                        Murrah Federal Building, at the time, or in the
                        immediate aftermath, of the bombing of the
                        Murrah Federal Building in Oklahoma City,
                        Oklahoma, on April 19, 1995; and
                            (ii) suffered physical harm or death as a
                        result of such a bombing; or
                    (B) in the case of a decedent who is an individual
                described in subparagraph (A), the personal
                representative of the decedent who files a claim on
                behalf of the decedent.
            (3) Requirements.--
                    (A) Single claim.--Not more than one claim may be
                submitted under this Act by an individual or on behalf
                of a deceased individual.
                    (B) Limitation on civil action.--
                            (i) In general.--Upon the submission of a
                        claim under this Act, the claimant waives the
                        right to file a civil action (or to be a party
                        to an action) in any Federal or State court for
                        damages sustained as a result of the bombing of
                        the Murrah Federal Building in Oklahoma City,
                        Oklahoma, on April 19, 1995. The preceding
                        sentence does not apply to a civil action to
                        recover collateral source obligations or
                        punitive damages.
                            (ii) Pending actions.--In the case of an
                        individual who is a party to a civil action
                        described in clause (i), such individual may
                        not submit a claim under this Act unless such
                        individual withdraws from such action by the
                        date that is 90 days after the date on which
                        regulations are promulgated under section 7.

SEC. 7. PAYMENTS TO ELIGIBLE INDIVIDUALS.

    (a) In general.--Not later than 20 days after the date on which a
determination is made by the Special Master regarding the amount of
compensation due a claimant under this Act, the Special Master shall
authorize payment to such claimant of the amount determined with
respect to the claimant.
    (b) Payment Authority.--This Act constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts for
compensation under this Act.
    (c) Additional Funding.--
            (1) In general.--The Attorney General is authorized to
        accept such amounts as may be contributed by individuals,
        business concerns, or other entities to carry out this Act,
        under such terms and conditions as the Attorney General may
        impose.
            (2) Use of separate account.--In making payments under this
        section, amounts contained in any account containing funds
        provided under paragraph (1) shall be used prior to using
        appropriated amounts.

SEC. 8. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out this Act, including regulations
with respect to--
            (1) forms to be used in submitting claims under this Act;
            (2) the information to be included in such forms;
            (3) procedures for hearing and the presentation of
        evidence;
            (4) procedures to assist an individual in filing and
        pursuing claims under this Act; and
            (5) other matters determined appropriate by the Attorney
        General.

SEC. 9. RIGHT OF SUBROGATION.

    The United States shall have the right of subrogation with respect
to any claim paid by the United States under this Act.

Output: Oklahoma City Victims Compensation Act - Establishes a program to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995.Directs the Attorney General, acting through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer the program, requiring determinations of claims within 120 days and payment within 20 days of determination. States that such determinations are final and not subject to judicial review.Limits claims to one per injured person or decedent and excludes claimants from pursuing civil action for damages, as specified.Grants the United States the right of subrogation with respect to any claim paid by the United States under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Security Improvement Act of
1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) independent studies have shown that the safety and
        discipline of students in public school systems are ranked as
        the top 2 concerns of the public with respect to matters
        relating to the administration of public school systems;
            (2) administrators of public school systems must be given
        the resources necessary to ensure that the students and the
        personnel of such systems are provided educational and working
        environments that are safe and orderly; and
            (3) if the misconduct of a student who is a child with a
        disability is not a manifestation of a disability of the
        student, the student should be subject to the same disciplinary
        measures that are provided in the rules or code of conduct of
        an educational entity for a student who is a child without a
        disability, including a disciplinary measure such as a
        cessation of educational services.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to permit educational entities to use fair disciplinary
        measures against all students, including children with
        disabilities; and
            (2) to require educational entities--
                    (A) to include in the educational record of a
                student who is a child with a disability or a student
                who is a child without a disability a statement of
                disciplinary measures taken against the student; and
                    (B) to transmit the statement with the educational
                record of the student to other educational entities if
                the student transfers from an elementary school or
                secondary school (as the terms are defined in section
                602(c)) to another such school.

SEC. 4. DISCIPLINE OF STUDENTS WHO ARE CHILDREN WITH DISABILITIES.

    (a) Maintenance of Disciplinary Records.--Section 612 of the
Individuals with Disabilities Education Act (20 U.S.C. 1412) is amended
by adding at the end the following:
            ``(8) The State has in effect a State law that requires
        State educational agencies, local educational agencies, and
        intermediate educational units--
                    ``(A) to include in the educational record of a
                child with a disability or a child without a disability
                a statement of any disciplinary measure taken against
                the child that results in an out-of-school suspension
                of more than 10 days or an expulsion from school; and
                    ``(B) in a case in which the child with a
                disability or the child without a disability is
                transferred from an elementary school or secondary
                school (as the terms are defined in section 602(c), or
                section 14101 of the Elementary and Secondary Education
                Act of 1965 (20 U.S.C. 8801), whichever are applicable)
                to another such school (in the State or in another
                State), to transmit the statement with the educational
                record to other educational entities involved with such
                a transfer.
        The statement described in subparagraph (A) for a child with a
        disability or a child without a disability may include a
        description of any behavior engaged in by the child that
        required a disciplinary measure, a description of the
        disciplinary measure taken against the child, and any other
        information that is relevant to the safety of the child and the
        individuals involved with the child.''.
    (b) Disciplinary Measures.--
            (1) Use of disciplinary measures when the behavior of a
        child is not a manifestation of the disability of the child.--
        Part B of the Individuals with Disabilities Education Act (20
        U.S.C. 1411 et seq.) is amended by inserting after section 615
        the following:

``SEC. 615A. USE OF DISCIPLINARY MEASURES WHEN THE BEHAVIOR OF A CHILD
              IS NOT A MANIFESTATION OF THE DISABILITY OF THE CHILD.

    ``(a) In General.--A State educational agency, a local educational
agency, or an intermediate educational unit may use a long-term
disciplinary measure to address the behavior of a child with a
disability that is a violation of the rules or code of conduct of such
an educational entity, if--
            ``(1) the behavior was not a manifestation of the
        disability of the child; and
            ``(2) the long-term disciplinary measure applies to the
        child with a disability to the same extent the long-term
        disciplinary measure applies to a child without a disability
        who engages in the same behavior.
    ``(b) Provision of Educational Services.--In the case of a child
with a disability who engages in behavior that violates the rules or
code of conduct of an educational entity described in subsection (a),
the child shall continue to receive educational services in accordance
with this Act, unless--
            ``(1) the behavior of the child was not a manifestation of
        the disability of the child; and
            ``(2) the policy of the educational entity is to cease
        educational services to any child determined to be engaged in
        such behavior.
    ``(c) Construction.--Nothing in this section shall be construed to
limit the rights provided for children with disabilities under section
615.
    ``(d) Definition.--In this section, the term `long-term
disciplinary measure' means a disciplinary action that is carried out
by an educational entity described in subsection (a) for a period of
more than 10 school days.''.
            (2) Alternative Educational Placement for Threatening
        Behavior.--Section 615(e)(3)(B)(i) of the Individuals with
        Disabilities Education Act (20 U.S.C. 1415(e)(3)(B)(i)) is
        amended by striking ``jurisdiction of such agency,'' and
        inserting ``jurisdiction of such agency or is determined by a
        hearing officer to have been engaged in behavior in such school
        that posed a threat to the safety of individuals involved with
        the child,''.
    (c) Definitions.--Section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401) is amended by adding at the end the
following:
    ``(c) In sections 612(8) and 615A, the term `child without a
disability' means an individual--
            ``(1) who is enrolled in an elementary school or secondary
        school (as the terms are defined in section 14101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801); and
            ``(2) who is not a child with a disability.''.

SEC. 5. SENSE OF THE SENATE.

    (a) Findings.--Congress finds that--
            (1) when Congress enacted the Individuals with Disabilities
        Education Act (20 U.S.C. 1400 et seq.), Congress made a
        commitment to provide funding for the State grant program under
        the Act at a level of 40 percent of the national average per-
        pupil expenditure; and
            (2) since the enactment of such Act, Congress has only
        funded the State grant program at 7 percent of the national
        average per-pupil expenditure.
    (b) Sense of the Senate.--It is the sense of the Senate that
Congress should follow through on its original funding commitment and
provide funding for the State grant program under the Individuals with
Disabilities Education Act at the level of 40 percent of the national
average per-pupil expenditure.

Output:
School Security Improvement Act of 1997 - Amends the Individuals with Disabilities Education Act (IDEA) to require educational entities to include, in the educational records of students who are children with disabilities and students who are children without disabilities, documentation with regard to disciplinary measures taken against them. Permits the use of long-term disciplinary measures against students who are children with disabilities.
Requires continuing provision of educational services to children with disabilities who engage in behavior that violates an educational entity's rules or code of conduct, unless such behavior is not a manifestation of their disabilities, and it is the entity's policy to cease educational services to any child engaged in such behavior.
Expresses the sense of the Senate that the Congress should follow through on its original commitment and provide funding for the IDEA State grant program at the level of 40 percent of the national average per-pupil expenditure.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Laboratory Technology
Maturation Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National laboratory.--The term ``National Laboratory''
        has the meaning given the term in section 2 of the Energy
        Policy Act of 2005 (42 U.S.C. 15801).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (3) Small business concern.--The term ``small business
        concern'' has the meaning given the term in section 3 of the
        Small Business Act (15 U.S.C. 632).

SEC. 3. ESTABLISHMENT OF TECHNOLOGY MATURATION GRANT PROGRAM.

    (a) In General.--The Secretary shall establish the National
Laboratory technology maturation program under which the Secretary
shall make grants to National Laboratories for the purpose of
increasing the successful transfer of technologies licensed from
National Laboratories to small business concerns by providing a link
between an innovative process or technology and a practical application
with potential to be successful in commercial markets.
    (b) Application for Grant From the Secretary.--
            (1) In general.--Each National Laboratory that elects to
        apply for a grant under subsection (a) shall submit an
        application to the Secretary at such time, in such manner, and
        containing such information as the Secretary may reasonably
        require.
            (2) Contents.--In an application submitted under this
        subsection, a National Laboratory shall describe how the
        National Laboratory will--
                    (A) manage a technology maturation program;
                    (B) encourage small business concerns, with an
                emphasis on businesses in the region in which the
                National Laboratory is located, to participate in the
                technology maturation program;
                    (C) select small business concerns and technologies
                to participate in the technology maturation program
                using a selection board (referred to in this section as
                the ``selection board'') made up of technical and
                business members, including venture capitalists and
                investors; and
                    (D) measure the results of the program and the
                return on investment, including--
                            (i) the number of technologies licensed to
                        small business concerns;
                            (ii) the number of new small business
                        concerns created;
                            (iii) the number of jobs created or
                        retained;
                            (iv) sales of the licensed technologies;
                            (v) the change in average salaries paid by
                        the participating small business concerns; and
                            (vi) any additional external investment
                        attracted by participating small business
                        concerns.
    (c) Maximum Grant.--The maximum amount of a grant received by a
National Laboratory under subsection (a) shall be $5,000,000 for each
fiscal year.
    (d) Vouchers to Small Business Concerns From National
Laboratories.--
            (1) In general.--A National Laboratory receiving a grant
        under subsection (a) shall use the grant funds to provide
        vouchers to small business concerns that hold a technology
        license from a National Laboratory to pay the cost of providing
        assistance from scientists and engineers at the National
        Laboratory to assist in the development of the licensed
        technology and further develop related products and services
        until the products and services are market-ready or
        sufficiently developed to attract private investment.
            (2) Use of voucher funds.--A small business concern
        receiving a voucher under paragraph (1) may use the voucher--
                    (A) to gain access to special equipment or
                facilities at the National Laboratory that awarded the
                voucher;
                    (B) to partner with the National Laboratory on a
                commercial prototype; and
                    (C) to perform early-stage feasibility or later-
                stage field testing.
            (3) Eligible projects.--A National Laboratory receiving a
        grant under subsection (a) may provide a voucher to small
        business concerns and partnerships between a small business
        concern and an institution of higher education (as defined in
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
        1001(a))) for projects--
                    (A) involving--
                            (i) commercial prototypes;
                            (ii) scale-up and field demonstrations; or
                            (iii) other activities that move the
                        technology closer to successful
                        commercialization; and
                    (B) that do not exceed 1 year.
            (4) Application for voucher from national laboratory.--Each
        small business concern that holds a technology license from a
        National Laboratory that elects to apply for a voucher under
        paragraph (1) shall submit an application to the selection
        board at such time, in such manner, and containing such
        information as the selection board may reasonably require.
            (5) Criteria.--The selection board may award vouchers based
        on--
                    (A) the technological and commercial viability of
                the project for commercial success;
                    (B) a significant opportunity for new company
                formation or growth of an existing company in the
                region in which the National Laboratory is located;
                    (C) access to a strong, experienced business and
                technical team;
                    (D) clear, market-driven milestones for the project
                that connect to an ability to leverage matching funds
                from other sources;
                    (E) a clear path for commercialization;
                    (F) identification of a profitable market;
                    (G) the potential to enhance the technology-driven
                economy of the region in which the National Laboratory
                is located;
                    (H) availability and source of matching funds for
                the project; and
                    (I) compatibility with the mission of the National
                Laboratory.
            (6) Maximum voucher.--The maximum amount of a voucher
        received by a small business concern under paragraph (1) shall
        be $250,000.
            (7) Progress tracking.--
                    (A) In general.--The National Laboratory that
                awards a voucher to carry out a project under paragraph
                (1) shall establish a procedure to monitor interim
                progress of the project toward commercialization
                milestones.
                    (B) Termination of voucher.--If the National
                Laboratory determines that a project is not making
                adequate progress toward commercialization milestones
                under the procedure established pursuant to
                subparagraph (A), the project shall not continue to
                receive funding or assistance under this subsection.

SEC. 4. ANNUAL REPORT.

    (a) In General.--Each National Laboratory receiving a grant under
section 3 shall submit to the Secretary an annual report, at such time
and in such manner as the Secretary may reasonably require.
    (b) Contents of Report.--The report submitted under subsection (a)
shall--
            (1) include a list of each recipient of a voucher and the
        amount of each voucher awarded; and
            (2) provide an estimate of the return on investment,
        including--
                    (A) the number of technologies licensed to small
                business concerns;
                    (B) the number of new small business concerns
                created;
                    (C) the number of jobs created or retained;
                    (D) sales of the licensed technologies;
                    (E) the change in average salaries paid by the
                participating small business concerns; and
                    (F) any additional external investment attracted by
                participating small business concerns.

SEC. 5. FINAL REPORT.

    Not later than 5 years after the date of enactment of this Act, the
Secretary shall submit to the Committees on Armed Services and Energy
and Natural Resources of the Senate and the Committees on Armed
Services and Science, Space, and Technology of the House of
Representatives a report on the results of the program established
under section 3, including--
            (1) the return on investment; and
            (2) any recommendations for improvements to the program.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 2015 through 2019.

Output: National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Excessive Oil Speculation Now
Act of 2011''.

SEC. 2. ELIMINATION OF EXCESSIVE OIL SPECULATION.

    (a) Findings.--Congress finds that--
            (1) the national average retail price for a gallon of
        gasoline was $3.75 on June 8, 2011;
            (2) increased gasoline prices are causing severe economic
        pain to the American people;
            (3) Congress has a responsibility--
                    (A) to ensure that gasoline prices at the pump
                reflect the fundamentals of supply and demand; and
                    (B) to bring needed relief to consumers and
                businesses of the United States at the gas pump;
            (4) there is mounting evidence that the spike in gasoline
        prices has--
                    (A) little to do with the fundamentals of supply
                and demand; and
                    (B) more to do with Wall Street speculators
                increasing oil and gas prices in the energy futures and
                swaps markets;
            (5) as of May 27, 2011--
                    (A) the supply of gasoline in the United States was
                higher than it was 2 years ago; and
                    (B) the demand for gasoline was lower than it was 2
                years ago when the national average for a gallon of
                regular unleaded gasoline was $2.44 a gallon;
            (6) on May 12, 2011, Exxon Mobil Chairman and Chief
        Executive Officer, Rex Tillerson, told the Committee on Finance
        of the Senate that oil should cost between $60 and $70 per
        barrel, if the price of oil was based on supply and demand
        fundamentals;
            (7) on March 21, 2011, Goldman Sachs warned clients that
        speculators were boosting crude oil prices by as much as $27 a
        barrel;
            (8) on March 25, 2011, Delta Airlines General Counsel, Ben
        Hirst, said that the marginal cost of oil production is between
        $60 to $70 a barrel;
            (9) in the summer of 2008, when gas prices rose to over $4
        a gallon, Saudi Arabian government officials told the Federal
        Government that speculators were responsible for increasing oil
        prices by about $40 a barrel;
            (10) the Commodity Futures Trading Commission has the
        authority to ensure that the price discovery for oil and
        gasoline is based on the fundamentals of supply and demand,
        rather than excessive speculation;
            (11) title VII of the Dodd-Frank Wall Street Reform and
        Consumer Protection Act (15 U.S.C. 8301 et seq.) (and
        amendments made by that Act) requires the Commission to
        establish position limits ``to diminish, eliminate, or prevent
        excessive speculation'' for trading in crude oil, gasoline,
        heating oil and other physical commodity derivatives;
            (12) as of the date of introduction of this Act, the
        Commission has failed to impose position limits to diminish,
        eliminate, or prevent excessive oil and gasoline speculation as
        required by law; and
            (13) the proposed position limits for derivatives that the
        Commission included in the notice of proposed rulemaking
        entitled ``Position Limits for Derivatives'' (76 Fed. Reg. 4752
        (January 26, 2011)) are not scheduled to go into effect until
        the first quarter of 2012, which would--
                    (A) occur on a date that is later than the
                statutory deadline for the regulations; and
                    (B) fail to diminish, eliminate, or prevent
                excessive speculation as required by the Dodd-Frank
                Wall Street Reform and Consumer Protection Act (Public
                Law 111-203; 124 Stat. 1376).
    (b) Elimination of Excessive Oil Speculation.--
            (1) Definitions.--In this Act:
                    (A) Bona-fide hedge trading; bona-fide hedge
                transaction.--The terms ``bona-fide hedge trading'' and
                ``bona-fide hedge transaction'' means a transaction or
                position that--
                            (i)(I) represents a substitute for a
                        transaction made or to be made, or a position
                        taken or to be taken, at a later time in a
                        physical marketing channel;
                            (II) is economically appropriate for the
                        reduction of risks in the conduct and
                        management of a commercial enterprise; and
                            (III) arises from the potential change in
                        the value of--
                                    (aa) assets that a person owns,
                                produces, manufactures, processes, or
                                merchandises or anticipates owning,
                                producing, manufacturing, processing,
                                or merchandising;
                                    (bb) liabilities that a person has
                                incurred or anticipates incurring; or
                                    (cc) services that a person
                                provides, purchases, or anticipates
                                providing or purchasing; or
                            (ii) reduces risks attendant to a position
                        resulting from a swap that--
                                    (I) was executed opposite a
                                counterparty for which the transaction
                                would qualify as a bona-fide hedging
                                transaction; or
                                    (II) meets the requirements of
                                clause (i).
                    (B) Commission.--The term ``Commission'' means the
                Commodity Futures Trading Commission.
            (2) Duty of chairman of the commission.--Notwithstanding
        section 2 of the Commodity Exchange Act (7 U.S.C. 2) or any
        other provision of law (including regulations), not later than
        14 days after the date of enactment of this Act, the Chairman
        of the Commission shall unilaterally--
                    (A) establish 1 or more speculative position limits
                in any registered entity on or through which crude oil,
                gasoline, diesel fuel, jet fuel, or heating oil futures
                or swaps are traded that are equal to the position
                accountability levels or position limits, as
                appropriate, established by the New York Mercantile
                Exchange;
                    (B) establish 1 or more speculative position limits
                that are equal to the position accountability levels or
                position limits, as appropriate, established by the New
                York Mercantile Exchange on the aggregate number or
                amount of positions in contracts based upon the same
                underlying commodity that may be held by any person,
                including any group or class of traders, for each month
                across--
                            (i) contracts listed by designated contract
                        markets;
                            (ii) with respect to an agreement,
                        contract, or transaction that settles against
                        any price (including the daily or final
                        settlement price) of 1 or more contracts listed
                        for trading on a registered entity, contracts
                        traded on a foreign board of trade that
                        provides members or other participants located
                        in the United States with direct access to the
                        electronic trading and order matching system of
                        the foreign board of trade; and
                            (iii) swap contracts that perform or affect
                        a significant price discovery function with
                        respect to regulated entities;
                    (C) establish margin requirements of 12 percent for
                speculative swaps and futures trading in crude oil,
                gasoline, diesel fuel, jet fuel, and heating oil;
                    (D) require that each bank holding company,
                investment bank, hedge fund, or swaps dealer engaged in
                the trading of energy futures or swaps for the benefit
                of the bank holding company, investment bank, hedge
                fund, or swaps dealer or on the behalf of, or as
                counterparty to, an index fund, exchange traded fund,
                or other noncommercial participant--
                            (i) register with the Commission as a
                        noncommercial participant; and
                            (ii) be subject to each position limit and
                        margin requirement under this subsection for
                        each position in a manner by which the position
                        is considered to be a speculative, proprietary
                        position of the bank holding company,
                        investment bank, hedge fund, or swaps dealer;
                    (E) take any other action that the Chairman of the
                Commission determines to be necessary to eliminate
                excessive speculation in the aggregate to ensure that
                the price of crude oil, gasoline, diesel fuel, jet
                fuel, and heating oil accurately reflects the
                fundamentals of supply and demand; and
                    (F) ensure that each bank holding company, hedge
                fund, investment bank, and swaps dealer that is engaged
                in the trading of energy futures or swaps for the
                benefit of the bank holding company, hedge fund,
                investment bank, and swaps dealer, or on the behalf of,
                or as counterparty to, 1 or more noncommercial
                participants, abides by each position limit and margin
                requirement under this subsection.
            (3) Applicability.--Each position limit and margin
        requirement under this subsection shall not apply to bona-fide
        hedge trading.
            (4) Adjustments.--Notwithstanding section 2 of the
        Commodity Exchange Act (7 U.S.C. 2) or any other provision of
        law (including regulations), the Chairman of the Commission may
        adjust any position limit under this subsection to the extent
        that the position of all noncommercial participants or
        speculators (in the aggregate and measured on an annual basis)
        shall not equal an amount greater than 35 percent of the
        annual, aggregate position of all traders in such futures and
        swaps market or markets for crude oil, gasoline, diesel fuel,
        jet fuel, and heating oil trading.
            (5) Sunset.--
                    (A) In general.--This Act, and the authority
                provided under this Act, shall terminate on the date on
                which the Commission imposes position limits to
                diminish, eliminate, or prevent excessive speculation
                as required by, and increased margin requirements as
                authorized in, title VII of the Dodd-Frank Wall Street
                Reform and Consumer Protection Act (15 U.S.C. 8301 et
                seq.) (and amendments made by that Act).
                    (B) Sense of congress.--It is the sense of Congress
                that, if finalized, the proposed position limits for
                derivatives that the Commission included in the notice
                of proposed rulemaking entitled ``Position Limits for
                Derivatives'' (76 Fed. Reg. 4752 (January 26, 2011))
                are not sufficient to fulfill the statutory
                requirements of title VII of the Dodd-Frank Wall Street
                Reform and Consumer Protection Act (15 U.S.C. 8301 et
                seq.) (and amendments made by that Act) to diminish,
                eliminate, or prevent excessive speculation.

Output:
End Excessive Oil Speculation Now Act of 2011 - Directs the Chairman of the Commodity Futures Trading Commission (CFTC) to establish speculative position limits: (1) in any registered trading entity on or through which crude oil, gasoline, diesel fuel, jet fuel, or heating oil futures or swaps are traded that are equal to the position accountability levels or position limits established by the New York Mercantile Exchange (Exchange); and (2) that are equal to the position accountability levels or position limits established by such Exchange upon the aggregate number or amount of positions in contracts based upon the same underlying commodity that may be held by any person (including any group or class of traders) for each month across specified contracts, transactions, and swap contracts.

 Directs the Chairman to: (1) establish margin requirements of 12% for speculative swaps and futures trading in crude oil, gasoline, diesel fuel, jet fuel, and heating oil; (2) require each bank holding company, investment bank, hedge fund, or swaps dealer trading energy futures or swaps for its own benefit, or on behalf of, or as counterparty to, an index fund, exchange traded fund, or other noncommercial participant, to register with the CFTC as a noncommercial participant and be subject to position limits and margin requirements under this Act.

Exempts bona-fide hedge trading from such position limits and margin requirements.

Expresses the sense of Congress that, if finalized, the proposed position limits for derivatives that the CFTC included in a specified notice of proposed rulemaking do not fulfill the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act to diminish, eliminate, or prevent excessive speculation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Researchers and Farmers Freedom From
Terrorism Act of 2000''.

SEC. 2. RESEARCHERS AND FARMERS FREEDOM FROM TERRORISM.

    Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``43 (relating to animal enterprise terrorism), section''
after ``Section''.

SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM.

    Section 43 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``intentionally''
                each place it appears; and
                    (B) by striking ``one year'' and inserting ``five
                years';
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph
                (3);
                    (B) by inserting after paragraph (1) the following
                new paragraph (2):
            ``(2) Explosives or arson.--Whoever in the course of a
        violation of subsection (a) maliciously damages or destroys, or
        attempts to damage or destroy, by means of fire or an
        explosive, any building, vehicle, or other real or personal
        property used by the animal enterprise shall be imprisoned for
        not less than 5 years and not more than 20 years, fined under
        this title, or both.''; and
                    (C) in paragraph (3), as so redesignated, by
                striking ``under this title and'' and all that follows
                through the period and inserting ``under this title,
                imprisoned for life or for any term of years, or
                sentenced to death.''; and
            (3) in subsection (d)(1)--
                    (A) by striking ``or'' at the end of subparagraph
                (B);
                    (B) by inserting ``or'' at the end of subparagraph
                (C); and
                    (C) by adding at the end the following:
                    ``(D) the offices or headquarters of any enterprise
                or event described in subparagraph (A), (B). or (C);''.

SEC. 4. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT
              CLEARINGHOUSE.

    (a) In General.--The Director shall establish and maintain a
national clearinghouse for information on incidents of crime and
terrorism--
            (1) committed against or directed at any animal enterprise;
            (2) committed against or directed at any commercial
        activity because of the perceived impact or effect of such
        commercial activity on the environment; or
            (3) committed against or directed at any person because of
        such person's perceived connection with or support of any
        enterprise or activity described in paragraph (1) or (2).
    (b) Clearinghouse.--The clearinghouse established under subsection
(a) shall--
            (1) accept, collect, and maintain information on incidents
        described in subsection (a) that is submitted to the
        clearinghouse by Federal, State, and local law enforcement
        agencies, by law enforcement agencies of foreign countries, and
        by victims of such incidents;
            (2) collate and index such information for purposes of
        cross-referencing; and
            (3) upon request from a Federal, State, or local law
        enforcement agency, or from a law enforcement agency of a
        foreign country, provide such information to assist in the
        investigation of an incident described in subsection (a).
    (c) Scope of Information.--The information maintained by the
clearinghouse for each incident shall, to the extent practicable,
include--
            (1) the date, time, and place of the incident;
            (2) details of the incident;
            (3) any available information on suspects or perpetrators
        of the incident; and
            (4) any other relevant information.
    (d) Design of Clearinghouse.--The clearinghouse shall be designed
for maximum ease of use by participating law enforcement agencies.
    (e) Publicity.--The Director shall publicize the existence of the
clearinghouse to law enforcement agencies by appropriate means.
    (f) Resources.--In establishing and maintaining the clearinghouse,
the Director may--
            (1) through the Attorney General, utilize the resources of
        any other department or agency of the Federal Government; and
            (2) accept assistance and information from private
        organizations or individuals.
    (g) Coordination.--The Director shall carry out the Director's
responsibilities under this section in cooperation with the Director of
the Bureau of Alcohol, Tobacco and Firearms.
    (h) Definitions.--In this section:
            (1) The term ``animal enterprise'' has the same meaning as
        in section 43 of title 18, United States Code.
            (2) The term ``Director'' means the Director of the Federal
        Bureau of Investigation.
    (i) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal years 2001, 2002, 2003, 2004, and 2005 such
sums as are necessary to carry out this section.

Output: Requires the Director of the Federal Bureau of Investigation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at: (1) any animal enterprise; (2) any commercial activity because of a perceived impact of such activity on the environment; or (3) any person because of such person's connection with or support of such an enterprise or activity.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Democracy Index Act of
2009''.

SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION
              DATA COLLECTION.

    (a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end
the following:

``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED
              ELECTION DATA COLLECTION.

    ``(a) In General.--The Commission, in consultation with the Board
and in accordance with this section, shall--
            ``(1) develop an American Democracy Index for the
        evaluation of elections for Federal office occurring in 2010
        and thereafter;
            ``(2) establish and operate a data collection system in
        order to collect and measure election data described in
        subsection (c) to be used in preparing the American Democracy
        Index; and
            ``(3) make the American Democracy Index with respect to
        each election for Federal office generally available to the
        public, including through the Internet.
    ``(b) American Democracy Index.--The American Democracy Index is an
index that is designed to assist States in the administration of
elections for Federal office by presenting the information collected
under the system established under subsection (a)(2) on a State-by-
State basis in a manner designed to demonstrate administration
practices that--
            ``(1) ensure the right of individuals to vote;
            ``(2) improve the quality of voter access to polls and the
        quality of voter services; and
            ``(3) secure the accuracy and integrity of elections.
    ``(c) Collection of Data.--
            ``(1) Data to be collected.--The Commission shall, in
        consultation with the Board, determine the data that is
        required to be collected under this section in order to analyze
        the effectiveness of the State administration of elections for
        Federal office, including data required for developing or
        refining the American Democracy Index.
            ``(2) Data submission.--
                    ``(A) States required to provide data.--Each State
                shall submit to any grantee under subsection (e) the
                information described in paragraph (1) in support of
                the American Democracy Index.
                    ``(B) Data submission regulations.--Within 60 days
                after the first meeting of the Board under subsection
                (d)(2)(B)(i), the Commission shall promulgate
                regulations for--
                            ``(i) the enforcement of the data
                        submission mandate under subparagraph (A); and
                            ``(ii) the standardization of election data
                        described in paragraph (1).
                    ``(C) Statistical analysis.--The Commission may, in
                coordination with a State, select precincts within the
                State on a sample basis from which to draw the
                information described in paragraph (1) in order to form
                statistical conclusions with respect to election
                administration in that State. In forming such
                statistical conclusions, the Office may append the
                information collected from the samples to other
                information provided by the State that was collected
                with respect to elections for Federal office in that
                State.
                    ``(D) Payments to states.--In accordance with such
                regulations as the Commission may promulgate, the
                Commission shall make payments to States to assist the
                States in meeting the data submission requirements of
                this paragraph.
                    ``(E) Rulemaking authority of commission.--Section
                209 shall not apply with respect to any regulations
                promulgated by the Commission pursuant to the authority
                of this paragraph.
    ``(d) Independent Board of Advisors.--
            ``(1) In general.--There is hereby established an
        independent Board of Advisors (in this section referred to as
        the `Board') that the Commission shall consult in developing
        and refining the American Democracy Index and the data to be
        collected under subsection (c).
            ``(2) Independent board of advisors.--
                    ``(A) Establishment.--The Board--
                            ``(i) shall be composed of 8 members from
                        individuals from the academic, nonprofit, and
                        election administration communities, of whom--
                                    ``(I) 4 shall be selected by the
                                Committee on Rules and Administration
                                of the Senate, in consultation with the
                                majority and minority leader of the
                                Senate; and
                                    ``(II) 4 shall be selected by the
                                Committee on House Administration of
                                the House of Representatives, in
                                consultation with the Speaker and
                                minority leader of the House of
                                Representatives; and
                            ``(ii) shall be headed by a President
                        elected by the members of the Board.
                    ``(B) Duties.--The Board shall--
                            ``(i) meet at least twice a year, and at
                        such other times as are specified by the
                        President of the Board; and
                            ``(ii) consult with the Commission as
                        provided by this section, including making
                        periodic recommendations to the Commission on
                        the type of election data to be collected from
                        States, the method of data collection, the
                        enforcement mechanism for the collection of
                        election data, the administration of elections
                        in general, and other relevant issues as the
                        Board sees appropriate.
    ``(e) Establishment and Operation of Index and Data Collection
System.--
            ``(1) Pilot program.--The Commission shall conduct a pilot
        program for elections for Federal office occurring in 2010
        under which the Commission shall make a grant to 1 or more
        eligible entities to--
                    ``(A) to collect election data described in
                subsection (c) in not more than 5 States selected by
                the Board; and
                    ``(B) to develop, refine, and publish data
                collection results for each of the States selected
                under subparagraph (A), including a comparison of
                localities in each State based on the data collected.
            ``(2) Initial index for 2012 elections.--Based on the pilot
        project conducted under paragraph (1), the Commission shall
        make a grant to 1 or more eligible entities to--
                    ``(A) collect election data described in subsection
                (c) in all States with respect to elections for Federal
                office occurring in 2012; and
                    ``(B) prepare and publish the first American
                Democracy Index.
            ``(3) Future elections.--The Commission shall collect data,
        and prepare and publish an American Democracy Index, for each
        Presidential election cycle beginning on or after January 1,
        2012, with respect to elections for Federal office occurring
        during the Presidential election cycle. In carrying out such
        duties, the Commission shall--
                    ``(A) modify the data to be collected and the index
                in accordance with the provisions of this section; and
                    ``(B) contract with 1 or more eligible entities to
                carry out all or a portion of such duties.
    ``(f) Reports.--Not later than 9 months after the end of the
election cycle for the election for Federal office occurring in 2012
and the end of each Presidential election cycle beginning on or after
January 1, 2012, the Commission shall submit a report to Congress and
to the chief State elections officials of each State that includes the
election data collected under this section, together with any
recommendations for--
            ``(1) improving the types of election data that are
        collected and included in the American Democracy Index
        published under this section; and
            ``(2) legislation or administrative action to improve State
        performance in the administration of elections for Federal
        office (as determined based on a State-by-State comparison of
        such election data).
    ``(g) Definitions.--In this section:
            ``(1) Elections for federal office.--The term `elections
        for Federal office' means general elections only for Federal
        office.
            ``(2) Eligible entity.--The term `eligible entity' means
        any nonprofit organization or other organization deemed
        appropriate by the Commission.
            ``(3) Presidential election cycle.--The term `Presidential
        election cycle' means the 4-year period beginning with January
        of the year following an election for the office of President
        of the United States.
            ``(4) State.--The term `State' means each of the 50 States
        and the District of Columbia.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to the Commission such sums as may be necessary to carry out
        the provisions of this section.
            ``(2) Data submission.--There is authorized to be
        appropriated $18,000,000 for each of fiscal years 2011 through
        2016 to assist the States in complying with the data submission
        requirements of subsection (c)(2)(A).''.
    (b) Conforming Amendment.--The table of contents of the Help
America Vote Act of 2002 is amended by inserting after the item
relating to section 247 the following:

``Sec 248. Establishment of American Democracy Index and related
                            election data collection.''.

Output:
American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office; (2) establish and operate a system to collect and measure election data for use in preparing the ADI; and (3) make the ADI with respect to each federal election available to the public, including through the Internet.

Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote; (2) improve the quality of voter access to polls and the quality of voter services; and (3) secure the accuracy and integrity of elections.

Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected.

Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states; and (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Welfare Reduction and Job
Preservation Act of 2006''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds the following:
            (1) Corporations are subject to a tax rate of up to 34
        percent or 35 percent.
            (2) Over the past several years, one of the most serious
        problems affecting the middle-class has been corporate
        downsizing. Many large, wealthy, and profitable corporations
        have reduced the number of their American employees by
        transferring those jobs to foreign countries or have reduced
        the number of their employees in order to realize an immediate
        short-term profit or increase in stock value.

SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
              WHICH REDUCE WORKFORCE.

    (a) In General.--Subchapter C of chapter 1 of the Internal Revenue
Code of 1986 (relating to corporate distributions and adjustments) is
amended by adding at the end the following new part:

``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
                         WHICH REDUCE WORKFORCE

``Sec. 386. Reduction of tax benefits for profitable large corporations
                            which reduce workforce.

``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
              WHICH REDUCE WORKFORCE.

    ``(a) In General.--For any taxable year, if any profitable large
corporation reduces by 15 percent or more the number of employees who
perform any task or function at any facility in the United States, the
amount of each facility-related tax benefit shall be reduced by 50
percent.
    ``(b) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Facility-related tax benefit.--
                    ``(A) In general.--The term `facility-related tax
                benefit' means--
                            ``(i) any tax benefit to the extent
                        attributable to a facility described in
                        subsection (a), or
                            ``(ii) to the extent that a tax benefit is
                        not attributable to any facility, a pro rata
                        portion of such tax benefit (as determined
                        under regulations prescribed by the Secretary).
                    ``(B) Exception.--Such term shall not include--
                            ``(i) any exclusion from gross income under
                        section 127 or 129 or any other deduction for
                        the cost of employee health care, child care,
                        job training, or retraining, or
                            ``(ii) any other tax benefit (other than
                        wages) which the Secretary determines by
                        regulation to be a tax benefit for costs
                        incurred primarily for the benefit of employees
                        rather than the employer.
            ``(2) Large corporation.--The term `large corporation'
        means a corporation or partnership which is not a small-
        business concern (within the meaning of section 3 of the Small
        Business Act, as in effect on the date of the enactment of this
        section).
            ``(3) Profitable.--Any large corporation shall be treated
        as profitable, for any taxable year, if the sum of taxable
        income (if any) for the 5-taxable-year period ending with the
        preceding taxable year (or, if shorter, the period consisting
        of all preceding taxable years of such large corporation)
        equals or exceeds the sum of the net operating losses (if any)
        attributable to such period.
            ``(4) Related persons.--
                    ``(A) In general.--All related persons shall be
                treated as one person.
                    ``(B) Related persons defined.--The term `related
                persons' means--
                            ``(i) persons bearing a relationship
                        described in section 267 or 707(b), and
                            ``(ii) persons treated as a single employer
                        under subsection (a) or (b) of section 52.
            ``(5) Tax benefit.--The term `tax benefit' means a credit,
        deduction, or exclusion allowable under this title.''
    (b) Transmission of Data by Secretary of Labor.--The Secretary of
Labor shall transmit to the Secretary of the Treasury, not less than
annually, a list of corporations and partnerships described in section
386(a) of the Internal Revenue Code of 1986 (as added by this section).
    (c) Clerical Amendment.--The table of parts for subchapter C of
chapter 1 of such Code is amended by adding at the end the following
new item:

``Part VII. Reduction of tax benefits for profitable large corporations
                        which reduce workforce''

    (d) Effective Date.--This section and the amendments made by this
section shall apply to taxable years beginning after December 31, 2006.

SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS
              PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH
              REDUCE WORKFORCE.

    (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961
(22 U.S.C. 2195) is amended by adding at the end the following:
    ``(g) Limitations on Assistance to Profitable Large Corporations
That Reduce Workforce.--
            ``(1) In general.--If a facility-related tax benefit of an
        entity for a taxable year is reduced by reason of section
        386(a) of the Internal Revenue Code of 1986, then--
                    ``(A) the entity shall immediately repay to the
                Corporation the amount of any loan made by the
                Corporation to the entity under section 234;
                    ``(B) any insurance policy provided by the
                Corporation to the entity under such section is
                rescinded; and
                    ``(C) until the Secretary of the Treasury
                determines that the activity on the basis of which the
                facility-related tax benefit of the entity was so
                reduced has ceased, the Corporation may not, during the
                immediately succeeding taxable year of the entity,
                extend credit, participate in an extension of credit,
                or provide any insurance, directly to the entity under
                such section.
            ``(2) Effect of failure to repay loan.--Interest shall
        accrue on any amount required by paragraph (1)(A) to be repaid
        to the Corporation at a rate of 10 percent per month.''.
    (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank
Act of 1945 (12 U.S.C. 635) is amended by adding at the end the
following:
    ``(g) Limitations on Assistance to Profitable Large Corporations
That Reduce Workforce.--
            ``(1) In general.--If a facility-related tax benefit of an
        entity for a taxable year is reduced by reason of section
        386(a) of the Internal Revenue Code of 1986, then--
                    ``(A) the entity shall immediately repay to the
                Bank the amount of any loan made by the Bank to the
                entity;
                    ``(B) any insurance policy provided by the Bank to
                the entity is rescinded; and
                    ``(C) until the Secretary of the Treasury
                determines that the activity on the basis of which the
                facility-related tax benefit of the entity was so
                reduced has ceased, the Bank may not, during the
                immediately succeeding taxable year of the entity,
                extend credit, participate in an extension of credit,
                or provide any insurance, directly to the entity.
            ``(2) Effect of failure to repay loan.--Interest shall
        accrue on any amount required by paragraph (1)(A) to be repaid
        to the Bank at a rate of 10 percent per month.''.

Output:
Corporate Welfare Reduction and Job Preservation Act of 2006 - Amends the Internal Revenue Code to require a 50% reduction in tax benefits for certain large profitable corporations that reduce their employee workforce by 15% or more. Defines "large profitable corporation" as a corporation or partnership that is not defined as a small business concern under the Small Business Act and which has a taxable income that exceeds net operating losses during a specified five-year period.

Amends the Foreign Assistance Act of 1961 and the Export-Import Act of 1945 to require large profitable corporations (as defined by this Act) that reduce their employee workforce by 15% or more to immediately repay loans and forfeit insurance benefits and credit lines provided by such Acts.