Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fuel-Efficient Fleets Act of 2006''.

SEC. 2. FUEL ECONOMY OF THE FEDERAL FLEET.

    Section 32917 of title 49, United States Code, is amended by adding
at the end the following:
    ``(c) New Vehicles.--
            ``(1) In general.--Except as provided in paragraph (2), or
        by a waiver granted by the Adminstrator of the General Services
        Administration, each passenger automobile purchased, or leased
        for at least 60 consecutive days, by an executive agency after
        the date of enactment of the Fuel-Efficient Fleets Act of 2006
        shall achieve a minimum fuel economy as follows:
                    ``(A) For vans (except minivans), not less than 15
                miles per gallon.
                    ``(B) For minivans, not less than 20 miles per
                gallon.
                    ``(C) For pickup trucks, not less than 24 miles per
                gallon.
                    ``(D) For sport utility vehicles, not less than 36
                miles per gallon.
                    ``(E) For passenger automobiles not described in
                subparagraphs (A) through (D), not less than 45 miles
                per gallon.
            ``(2) Phase-in period.--Of the automobiles described in
        paragraph (1), not fewer than--
                    ``(A) 25 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                on the date of the enactment of the Fuel-Efficient
                Fleets Act of 2006 shall achieve the minimum fuel
                economy described in paragraph (1)(D);
                    ``(B) 50 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                1 year after the date of the enactment of the Fuel-
                Efficient Fleets Act of 2006 shall achieve the minimum
                fuel economy described in paragraph (1)(D); and
                    ``(C) 75 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                2 years after the date of the enactment of the Fuel-
                Efficient Fleets Act of 2006 shall achieve the minimum
                fuel economy described in paragraph (1)(D); and
                    ``(D) 100 percent of such automobiles purchased by
                an executive agency during the 1-year period beginning
                3 years after the date of the enactment of the Fuel-
                Efficient Fleets Act of 2006 shall achieve the minimum
                fuel economy described in paragraph (1)(D).''.

SEC. 3. FUEL ECONOMY STANDARD EVALUATION.

    (a) Study.--The Secretary of Energy, in consultation with the
Secretary of Transportation, shall annually evaluate the fuel economy
standards under section 32917(c)(1) of title 49, United States Code,
based on relevant technological advances during the previous year.
    (b) Increased Standards.--If the Secretary of Energy determines
that significant technological improvements make it feasible to achieve
higher fuel economy, the Secretary shall increase the fuel economy
standards under section 32917(c)(1) of title 49, United States Code
consistent with such determination.

SEC. 4. GRANTS TO STATES.

    (a) Grants Authorized.--The Secretary of Transportation may award
grants to assist States to purchase vans, trucks, sport utility
vehicles, minivans, or passenger automobiles that meet the fuel economy
requirements for new federal fleet vehicles described in section
32917(c) of title 49, United States Code, as added by section 2.
    (b) Eligibility.--Grants shall be made available to States that
comply with the minimum fuel economy standards described in section
32917(c) of title 49, United States Code.
    (c) Duration.--The Secretary shall award grants to eligible States
under this section for periods not to exceed 1 year.
    (d) Use of Funds.--Grants awarded under this section shall be used
to purchase vehicles that meet the fuel economy requirements described
in subsection (b).
    (e) Application.--The appropriate official of a State seeking a
grant under this section shall submit an application to the Secretary
of Transportation, at such time and in such manner as the Secretary may
require, containing a vehicle purchase plan in accordance with
subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be
appropriated $100,000,000 for fiscal year 2007, which shall remain
available for the 5-year period beginning on the date of the enactment
of this Act, for grants to eligible States under this section.

SEC. 5. BUY AMERICAN PREFERENCE.

    An executive agency (as defined in section 32917(a) of title 49,
United States Code) that purchases or leases (for at least 60
consecutive days) passenger automobiles (as defined in section 32901 of
title 49, United States Code) shall, when determining which models to
purchase, give a preference to automobiles that are assembled in the
United States from components, of which not less than 50 percent were
manufactured in the United States.

Output:
Fuel-Efficient Fleets Act of 2006 - Amends federal transportation law to set forth certain phased-in minimum fuel economy standards for new federal fleet vehicles.

Authorizes the award of grants to assist states in purchasing vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the new federal fleet vehicle fuel economy standards.

Subjects federal agencies to Buy American requirements requiring not less than 50% of newly purchased or leased federal fleet vehicles to be U.S. manufactured.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Waterfront Preservation Act
of 2005''.

SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM.

    The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) is amended by adding at the end the following new
title:

            ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Coastal state.--The term `Coastal State' has the
        meaning given the term `coastal state' in section 304 of the
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            ``(2) Coastal waters.--The term `coastal waters' has the
        meaning given that term in section 304 of the Coastal Zone
        Management Act of 1971 (16 U.S.C. 1453).
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) the government of a Coastal State;
                    ``(B) a unit of local government within a Coastal
                State; or
                    ``(C) a nonprofit organization or a fishing
                cooperative that the Secretary determines is
                appropriate to receive a grant under section 502.
            ``(4) Eligible project.--The term `eligible project'
        means--
                    ``(A) a project to acquire real property or an
                interest in real property located in a Coastal State
                for the purpose of providing access to persons engaged
                in the commercial fishing industry or the aquaculture
                industry to coastal waters in working waterfront areas;
                or
                    ``(B) a project to make improvements to real
                property located in a Coastal State and owned by an
                eligible entity, including the construction or repair
                of wharfs or related facilities, to provide access to
                persons engaged in the commercial fishing industry or
                the aquaculture industry to coastal waters in working
                waterfront areas.
            ``(5) Fishing cooperative.--The term `fishing cooperative'
        means a fishing or fish marketing association organized in a
        coastal state for the purpose of a promoting, fostering, and
        encouraging fishing or marketing of fish and fishery products
        through cooperation of its members and for the benefit of their
        members as producers of such products.
            ``(6) Nonprofit organization.--The term `nonprofit
        organization' means an organization that is--
                    ``(A) described in section 501(c) of the Internal
                Revenue Code of 1986; and
                    ``(B) exempt from taxation under section 501(a) of
                the Internal Revenue Code of 1986.
            ``(7) State fisheries official.--The term `State fisheries
        official' means the principal State official with marine
        fishery management responsibility and expertise in a coastal
        State, who is designated as such by the Governor of the State,
        so long as the official continues to hold such position, or the
        designee of such official.
            ``(8) Working waterfront areas.--The term `working
        waterfront areas' means land that is used for or that supports
        commercial fishing or the aquaculture industry.

``SEC. 502. GRANT PROGRAM.

    ``(a) In General.--The Secretary is authorized to award a grant to
an eligible entity for the purpose of carrying out an eligible project.
    ``(b) Considerations.--In awarding a grant for an eligible project
under this section, the Secretary shall consider--
            ``(1) the need for the eligible project based on the
        assessment of need submitted under subsection (c)(2)(A);
            ``(2) the economic significance of the eligible project to
        the commercial fishing industry or the aquaculture industry in
        the immediate vicinity and in the Coastal State in which the
        eligible project is located;
            ``(3) the degree of community support for the eligible
        project;
            ``(4) the level of threat of that the property proposed to
        be acquired or improved with such grant will be converted to
        uses incompatible with commercial fishing or the aquaculture
        industry;
            ``(5) the utility of the eligible project for commercial
        fishing or the aquaculture industry, with respect to the
        natural characteristics and developed infrastructure of the
        property proposed to be acquired;
            ``(6) whether a business plan or a harbor plan exists for
        the area in which the project will be located and whether the
        eligible project is consistent with such plan;
            ``(7) for an eligible project described in section
        501(4)(A), the availability of alternative real property or an
        alternative interest in real property that would ensure that
        persons engaged in the commercial fishing industry or the
        aquaculture industry have access to coastal waters in working
        waterfront areas; and
            ``(8) whether a land use plan exists for the area in which
        the project will be located and whether the project is
        consistent with such plan.
    ``(c) Application and Review.--
            ``(1) In general.--An eligible entity that seeks a grant
        under this section shall submit to the appropriate State
        fisheries official, at such time and in such manner as the
        Secretary shall prescribe, an application for the grant.
            ``(2) Assessment of need.--An application for a grant may
        be considered by the Secretary if the appropriate State
        fisheries official--
                    ``(A) prepares an assessment of the need for the
                proposed eligible project, taking into account--
                            ``(i) the needs of the commercial fishing
                        industry or the aquaculture industry in the
                        State;
                            ``(ii) the needs of other industries and
                        other parties in the area in which the project
                        will be located;
                            ``(iii) whether alternative sites exist for
                        the proposed project; and
                            ``(iv) the social and cultural value of the
                        industries to the affected community and State;
                        and
                    ``(B) submits to the Secretary--
                            ``(i) the application submitted under
                        paragraph (1); and
                            ``(ii) the assessment of need prepared
                        under subparagraph (A).
    ``(d) Cost Sharing.--
            ``(1) In general.--The amount of a grant awarded under this
        section to carry out an eligible project may not exceed 75
        percent of the total cost of the eligible project.
            ``(2) Assurances.--As a condition of receipt of a grant
        under this section, an eligible entity shall provide to the
        Secretary such assurances as the Secretary determines are
        sufficient to demonstrate that the share of the cost of each
        eligible project that is not funded by the grant awarded under
        this section has been secured.
            ``(3) Form.--The share of the cost of carrying out an
        eligible project that is not funded by a grant awarded under
        this section may be provided in cash or in kind (including a
        donation of land).
    ``(e) Use of Grant Funds for Eligible Projects.--
            ``(1) Purchases.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), grants awarded under this section may
                be used to purchase privately-owned real property or
                interests in privately-owned real property, including
                easements, only from willing sellers at fair market
                value.
                    ``(B) Sales at less than fair market value.--A
                grant awarded under this section may be used to acquire
                privately-owned real property or an interest in
                privately-owned real property at less than fair market
                value only if the owner certifies to the Secretary that
                the sale is being entered into willingly and without
                coercion.
                    ``(C) No exercise of eminent domain.--No Federal,
                State, or local agency may exercise the power of
                eminent domain to secure title to any real property or
                facilities in connection with a project carried out
                under this title.
            ``(2) Title.--Title to real property or an interest in real
        property acquired with a grant awarded under this section may
        be held, as determined appropriate by the Secretary in
        consultation with the appropriate Coastal State, by--
                    ``(A) the Coastal State;
                    ``(B) a unit of local government of the Coastal
                State;
                    ``(C) a nonprofit organization; or
                    ``(D) a fishing cooperative.
    ``(f) Continued Access to Coastal Waters.--
            ``(1) Requirement for agreement.--The Secretary shall enter
        into an agreement with an eligible entity that receives a grant
        under this section. Such agreement shall require the eligible
        entity to provide the Secretary the assurances that the
        Secretary determines are appropriate to ensure that the
        eligible project is not converted to a use that is inconsistent
        with the purposes for which the grant was awarded.
            ``(2) Reversionary interest.--
                    ``(A) In general.--If the Governor of a Coastal
                State makes a determination described in subparagraph
                (B), all right, title, and interest in and to the
                property shall, except as provided in subparagraph (C),
                revert, at the option of the Governor, to the Coastal
                State, and the State shall have the right of immediate
                entry onto the property. Any determination of the
                Governor under this paragraph shall be made on the
                record after an opportunity for a hearing.
                    ``(B) Determination.--The determination referred to
                in subparagraph (A) is a determination that--
                            ``(i) the unit of local government or
                        nonprofit organization is unable or unwilling
                        to enforce the terms of the easement; or
                            ``(ii) the easement has been modified in a
                        manner that is inconsistent with the purposes
                        for which the grant was awarded.
                    ``(C) Conveyance to another unit of local
                government or nonprofit organization.--If the Governor
                of a Coastal State makes a determination under
                subparagraph (B), the State may convey or authorize the
                unit of local government or nonprofit organization to
                convey the easement to another unit of local government
                or nonprofit organization.
    ``(g) Approval or Disapproval.--
            ``(1) In general.--Subject to paragraph (2), as soon as
        practicable after the date on which the Secretary receives an
        application under subsection (c)(2)(B), the Secretary shall--
                    ``(A) review the application; and
                    ``(B)(i) award a grant to the applicant; or
                    ``(ii) disapprove the application and provide the
                applicant a statement that describes the reasons why
                the application was disapproved, including a deadline
                by which the applicant may resubmit the application.
    ``(h) Administrative Costs.--A Coastal State, on approval of the
Secretary and subject to any regulations promulgated by the Secretary,
may use up to 10 percent of the amounts made available under this
section to pay the administrative costs of the Coastal State relating
to the program.
    ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal
Revenue Code of 1986, gross income shall not include 50 percent of the
gain from the sale or exchange of private land or interests in private
land in purchases described in subsection (e)(1).

``SEC. 503. ANNUAL REPORT.

    ``The Secretary shall submit to Congress an annual report that
describes the eligible projects carried out using grants awarded under
this title.''.

SEC. 3. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary of
Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to
carry out the provisions of title V of the Magnuson-Stevens Fishery
Conservation and Management Act, as added by section 2.

Output: Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gold King Accountability and
Compensation for Taxpayers'' or the ``Gold King ACT''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on August 5, 2015, the Environmental Protection Agency
        caused the release of approximately 3,000,000 gallons of
        contaminated water from the Gold King Mine into Cement Creek;
            (2) the Environmental Protection Agency takes full
        responsibility for the Gold King Mine spill;
            (3) the peer reviewer of the Corps of Engineers to the
        report of the Department of the Interior relating to the Gold
        King Mine spill expressed concerns about the independent nature
        of the report and the internal communications and decisions of
        the Environmental Protection Agency relating to the spill;
            (4) the Environmental Protection Agency should be held to
        the same standards as the private sector would be if the
        private sector caused a similar spill;
            (5) the Environmental Protection Agency should hold
        accountable those individuals responsible for the Gold King
        Mine spill; and
            (6) since response activities took place after October 31,
        2015, the Environmental Protection Agency should reimburse
        requests for response activity expenses incurred after that
        date.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Gold king mine spill.--The term ``Gold King Mine
        spill'' means the discharge on August 5, 2015, of approximately
        3,000,000 gallons of contaminated water from the Gold King Mine
        north of Silverton, Colorado, into Cement Creek that occurred
        while contractors of the Environmental Protection Agency were
        conducting an investigation of the Gold King Mine.
            (3) Independent contractor.--The term ``independent
        contractor'' means any person, as of August 5, 2015, that--
                    (A) entered into a contract with a Federal agency
                (as defined in section 2671 of title 28, United States
                Code) for goods or services relating to the Gold King
                Mine spill; and
                    (B) was not an employee of the Government (as
                defined in section 2671 of title 28, United States
                Code).
            (4) Injured person.--The term ``injured person'' means a
        person that--
                    (A) suffered injury resulting from the Gold King
                Mine spill; and
                    (B) is--
                            (i) an individual;
                            (ii) an Indian tribe, tribal corporation,
                        or other tribal organization;
                            (iii) a corporation, business, partnership,
                        company, association, insurer, county,
                        township, city, State or political subdivision
                        of a State, school district, ditch company,
                        special district, water district, water
                        company, the Animas-La Plata Operation,
                        Maintenance and Replacement Association, or
                        other non-Federal entity; or
                            (iv) a legal representative of an
                        individual or entity described in any of
                        clauses (i) through (iii).
            (5) Injury.--The term ``injury'' means any damage to, or
        loss of, property, or a personal injury or death, caused by a
        negligent or wrongful act or omission of a Federal officer,
        employee, contractor, or subcontractor while acting within the
        scope of office, employment, or contract, under circumstances
        in which the Federal officer, employee, contractor, or
        subcontractor, if a private person, would be liable to the
        claimant in accordance with the law of the jurisdiction in
        which the act or omission occurred.

SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS
              ACT.

    (a) Responsibilities of the Administrator.--
            (1) In general.--An injured person may bring a claim
        arising out of, or relating to, any injury resulting from the
        Gold King Mine spill under chapter 171 of title 28, United
        States Code (commonly known as the ``Federal Tort Claims Act'')
        and the Administrator shall receive, process, and pay those
        claims in accordance with this section.
            (2) Timing.--
                    (A) In general.--Notwithstanding section 2675(a) of
                title 28, United States Code, not later than 90 days
                after the date on which an injured person submits to
                the Administrator a claim under this section, the
                Administrator shall award or deny the payment of the
                claim.
                    (B) Partially paid claims.--In the case of a claim
                for which, as of the date of enactment of this Act, the
                Administrator has partially awarded payment to an
                injured person, the Administrator shall award the
                remaining payment not later than 60 days after that
                date of enactment.
                    (C) Previously filed claims.--In the case of a
                claim for which, as of the date of enactment of this
                Act, not fewer than 90 days have passed since the date
                on which an injured person submitted to the
                Administrator a claim under this section, not later
                than 60 days after that date of enactment, the
                Administrator shall award or deny payment of the claim.
    (b) Applicability of Other Law.--
            (1) Applicability of exception.--Section 2680(a) of title
        28, United States Code, shall not apply to claims brought under
        this section.
            (2) Independent contractors.--For purposes of a claim
        brought under this section, the definition of the term
        ``Federal agency'' under section 2671 of title 28, United
        States Code, shall be considered to include an independent
        contractor.
    (c) Allowable Damages.--
            (1) Property loss.--A claim that is paid for loss of
        property under this section may include otherwise-uncompensated
        damages resulting from the Gold King Mine spill for--
                    (A) a cost resulting from lost tribal or nontribal
                subsistence from hunting, fishing, firewood gathering,
                timbering, grazing, or agricultural activities, or from
                lost use for traditional or ceremonial uses, conducted
                on land or water damaged by the Gold King Mine spill;
                    (B) a cost of reforestation or revegetation on
                tribal or non-Federal land, to the extent that the cost
                of reforestation or revegetation is not covered by any
                other Federal program;
                    (C) any costs borne by any injured person to
                determine the extent of--
                            (i) the damages to agricultural land; or
                            (ii) any other damages covered by this Act;
                    (D) any costs borne by an injured person to pay for
                water supplies or equipment to treat water during the
                period for which a water supply of the injured person
                was compromised by the Gold King Mine spill; and
                    (E) any other loss that the Administrator
                determines to be appropriate for inclusion as loss of
                property.
            (2) Business loss.--A claim that is paid for an injury
        under this section may include damages resulting from the Gold
        King Mine spill for the following types of otherwise-
        uncompensated business loss:
                    (A) Damage to tangible assets or inventory.
                    (B) Lost business income.
                    (C) Overhead costs.
                    (D) Employee wages for work not performed.
                    (E) Any other loss that the Administrator
                determines to be appropriate for inclusion as a
                business loss.
            (3) Financial loss.--A claim that is paid for an injury
        under this section may include damages resulting from the Gold
        King Mine spill for the following types of otherwise-
        uncompensated financial loss:
                    (A) An insurance deductible.
                    (B) Lost wages or personal income.
                    (C) Emergency staffing expenses.
                    (D) Debris removal and other cleanup costs.
                    (E) Any other loss that the Administrator
                determines to be appropriate for inclusion as a
                financial loss.
    (d) Recoupment for Improper Payments.--Notwithstanding any other
provision of law, during the 13-year period beginning on the date on
which a claim is awarded under this section, the Administrator may take
such action as is necessary to recover payments made under this section
with respect to fraudulent claims and claims made with inaccurate
information.
    (e) Source of Payments.--
            (1) In general.--Any compensation or award against the
        Government made pursuant to a claim under this section shall be
        paid by the Administrator from unobligated balances in the
        appropriations accounts of the Environmental Protection Agency.
            (2) Intent of congress.--It is the intent of Congress that
        no additional funds be appropriated to carry out this Act.

SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE
              ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.

    (a) In General.--The Administrator shall, consistent with the
national contingency plan, receive, process, and pay under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine
spill.
    (b) Eligible Claims.--The Administrator shall receive, process, and
pay under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the
Gold King Mine spill that otherwise would be ineligible under that Act
or the national contingency plan if the response action carried out by
the claimant is not inconsistent with the national contingency plan as
described in section 107 of that Act (42 U.S.C. 9607).
    (c) Timing.--
            (1) In general.--Not later than 90 days after the date on
        which an injured person submits to the Administrator a claim
        under this section, the Administrator shall award or deny the
        payment of the claim.
            (2) Partially paid claims.--In the case of a claim for
        which, as of the date of enactment of this Act, the
        Administrator has partially awarded payment to an injured
        person, the Administrator shall award the remaining payment not
        later than 60 days after that date of enactment.
            (3) Previously filed claims.--In the case of a claim for
        which, as of the date of enactment of this Act, not fewer than
        90 days have passed since the date on which an injured person
        submitted to the Administrator a claim under this section, not
        later than 60 days after that date of enactment, the
        Administrator shall award or deny payment of the claim.

SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.

    (a) Effect of Act.--This Act does not diminish the ability of the
Administrator to carry out the responsibilities of the Administrator
under any other provision of law.
    (b) Reduction in Payment.--To prevent a claimant from receiving
twice the damage award for the same injury or claim--
            (1) any compensation or award against the Government under
        section 4 shall be deducted from any payment awarded against
        the Government under section 5; and
            (2) any compensation or award against the Government under
        section 5 shall be deducted from any payment awarded against
        the Government under section 4.

SEC. 7. WATER QUALITY PROGRAM.

    (a) In General.--In response to the Gold King Mine spill, the
Administrator, in coordination with affected States and Indian tribes,
shall develop and implement a program for long-term water quality
monitoring of the Animas River.
    (b) Requirements.--In carrying out the program described in
subsection (a), the Administrator shall--
            (1) collect water quality samples and sediment data;
            (2) provide the public with a means of viewing the samples
        and data referred to in paragraph (1) by, at a minimum, posting
        the information on the website of the Administrator;
            (3) take any other relevant measure necessary to assist
        affected States and Indian tribes with long-term water
        monitoring; and
            (4) carry out additional program activities, as determined
        by the Administrator.

Output: Gold King Accountability and Compensation for Taxpayers or the Gold King ACT This bill allows a person to bring a compensation claim for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if the claim is related to an injury resulting from the spill in Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill prohibits certain exemptions and limitations on tort claims against the United States under the Act from applying to claims for injuries resulting from the spill.  The EPA must receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 claims related to the Gold King Mine spill, including claims that otherwise would be ineligible under that Act or the national oil and hazardous substances pollution contingency plan if the response action carried out by the claimant is not inconsistent with the plan. The EPA must pay claims from unobligated balances in its accounts. The EPA must develop and implement a program for long-term water quality monitoring of the Animas River.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Rapid Deployment
Police and Security Force Act of 2000''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) United States Presidential Decision Directive 71 calls
        for a stronger United States response to maintaining order in
        societies recovering from conflict. It aims to improve
        coordination of United States efforts and to enhance the
        ability of other countries, the United Nations, and regional
        organizations to plan, mount, and sustain operations in support
        of the rule of law.
            (2) In a press briefing on February 24, 2000, Secretary of
        State Madeleine Albright stated the following: ``The recent
        slowness in deploying desperately needed civilian police to
        Kosovo provides only the latest evidence that present
        international capabilities are not adequate. And the ongoing
        deployment of CIVPOL teams to East Timor and Sierra Leone show
        that the need will not soon diminish. In response, we must
        recognize that old models of peacekeeping don't always meet
        current challenges. Peace operations today often require skills
        that are neither strictly military nor strictly police but,
        rather, a combination of the two. The international community
        needs to identify and train units that are able to control
        crowds, deter vigilante actions, prevent looting and disarm
        civilian agitators while, at the same time, winning the trust
        of the communities in which they are deployed.''.
            (3) In his April 2000 report, ``We the Peoples, The Role of
        the United Nations in the 21st Century'', United Nations
        Secretary General Kofi Annan states that only member nations of
        the United Nations can fix the ``structural weakness of United
        Nations peace operations . . . Our system for launching
        operations has sometimes been compared to a volunteer fire
        department, but that description is too generous. Every time
        there is a fire, we must first find fire engines and the funds
        to run them before we can start dousing any flames. The present
        system relies almost entirely on last minute, ad hoc
        arrangements that guarantee delay, with respect to the
        provision of civilian personnel even more so than military.
        Although we have understandings for military standby
        arrangements with Member States, the availability of the
        designated forces is unpredictable and very few are in a state
        of high readiness. Resource constraints preclude us even from
        being able to deploy a mission headquarters rapidly.''.
            (4) The December 1999 United Nations ``Report on the
        Independent Inquiry into the Actions of the United Nations
        During the 1994 Genocide in Rwanda'' indicates that in April
        1994, the United Nations Security Council failed to deploy
        5,500 United Nations peacekeepers to Rwanda within two weeks of
        the initial violence, thereby allowing the conflict to
        escalate. The 6-month estimated cost of the deployment would
        have been $115,000,000. Instead, the genocide consumed 800,000
        lives along with $2,000,000,000 in humanitarian aid.
            (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb
        troops forced the retreat of Dutch United Nations peacekeepers
        who were part of the United Nations Mission in Bosnia and
        Herzegovina (UNMIBH) from a ``safe haven'', resulting in the
        massacre of 7,000 Bosnian civilians and expulsion of 40,000
        Bosnian civilians.
            (6) The United Nations peacekeeping budget estimate for the
        United Nations Mission in Bosnia and Herzegovina from July 1,
        1997, to June 30, 1998, was $165,600,000, while the North
        Atlantic Treaty Organization (NATO)-sponsored intervention in
        the Serbian province of Kosovo cost $37,000,000 per day.
            (7) In July 1999, 4,700 civilian police officers were
        requested to be deployed to the Serbian province of Kosovo but,
        as of April 17, 2000, the United Nations has deployed only
        2,901 of the requested police officers, resulting in the
        breakdown of law and order and the escalation of unrest in
        Kosovo.
            (8) In May 2000, Revolutionary United Front rebels in
        Sierra Leone, in violation of the ceasefire and peace accords,
        captured and held prisoner approximately 500 United Nations
        Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons,
        equipment, and vehicles of the peacekeepers were also seized.
        The UNAMSIL force had been deployed too slowly and was
        undertrained and understaffed, consisting of only 8,700
        peacekeepers of the 11,000 peacekeepers requested by the United
        Nations Security Council.
            (9) On February 24, 2000, the United Nations Security
        Council approved a United States-sponsored proposal to send
        5,537 troops on an observer mission to the Democratic Republic
        of the Congo (to be known as the United Nations Organization
        Mission in the Democratic Republic of the Congo (MONUC)), a
        Republic \1/3\ the size of the United States, to monitor the
        implementation of the Lusaka accords. However, it will take at
        least three months to deploy the required forces. On April 25,
        2000, South African Foreign Minister Dlamini-Zuma urged rapid
deployment of the troops and stated ``[i]f deployment is very slow [the
accords] can fall apart . . . The troops should have been deployed a
long time ago.''.
            (10) The United States has the power in the United Nations
        Security Council to veto decisions that are not within the
        national interests of the United States.

SEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND
              SECURITY FORCE.

    (a) Establishment.--The President shall direct the United States
representative to the United Nations to use the voice, vote, and
influence of the United States to urge the United Nations--
            (1) to establish a United Nations Rapid Deployment Police
        and Security Force that is rapidly deployable, under the
        authority of the United Nations Security Council, and trained
        to standardized objectives;
            (2) to recruit personnel to serve in this Force; and
            (3) to provide equitable and reliable funding for the
        United Nations Rapid Deployment Police and Security Force.
    (b) Mission Statement.--The United Nations Rapid Deployment Police
and Security Force should have a mission statement that provides for
the following:
            (1) The United Nations Rapid Deployment Police and Security
        Force will engage in operations when--
                    (A) the United Nations Security Council determines
                that an imminent threat to the peace requires a
                preventive deployment of forces and the Security
                Council deems it as an appropriate response;
                    (B) the United Nations Security Council determines
                ongoing gross violations of human rights or breaches of
                the peace require rapid intervention by the
                international community and the Security Council deems
                it as an appropriate response;
                    (C) peace has been restored to a region but the
                rule of law has not yet been reestablished and when
                national civilian police or United Nations member
                nations personnel are not available and the Security
                Council deems it as an appropriate response; or
                    (D) the United Nations Rapid Deployment Police and
                Security Force can utilize its personnel to help train
                the military and civilian police of member nations of
                the United Nations to better participate in
                international peace operations.
            (2) The United Nations Rapid Deployment Police and Security
        Force will consist of not more than 6000 personnel who are--
                    (A) placed under the authority of the United
                Nations Security Council;
                    (B) under the direction of the Secretary General of
                the United Nations;
                    (C) deployed only by United Nations Security
                Council resolution;
                    (D) volunteers from United Nations member nations
                employed directly by the United Nations;
                    (E) trained as a single unit, appropriately
                equipped, expressly for international peace operations
                including civilian policing; and
                    (F) rapidly deployable.
            (3) The United Nations Rapid Deployment Police and Security
        Force will be organized as a sub-department within the United
        Nations Department of Peacekeeping Operations or under the
        control of the United Nations's Military Staff Committee and
        will contain personnel trained as military staff officers and
        civilian police officers to be deployed immediately to a
        potential conflict area.
            (4) The deployment of the United Nations Rapid Deployment
        Police and Security Force will be limited to a maximum of 6
        months, at which time the Police and Security Force would be
        replaced by personnel supplied by United Nations member
        nations.
            (5) The basing and infrastructure service of the United
        Nations Rapid Deployment Police and Security Force will be
        leased from existing member nations' institutions.

SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY
              FORCE.

    Not later than 1 year after the date of enactment of this Act, the
President shall prepare and transmit to the Congress a report on the
progress of negotiations with the United Nations and its member nations
regarding the creation of a United Nations Rapid Deployment Police and
Security Force described in section 3.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``international peace operations'' means--
                    (A) any such operation carried out under chapter VI
                or chapter VII of the Charter of the United Nations;
                and
                    (B) any such United Nations operation that includes
                civilian policing.
            (2) The term ``rapidly deployable'' refers to the capacity
        to deploy military or civilian personnel to a region undergoing
        conflict within 15 days of the enactment of a United Nations
        Security Council resolution authorizing a deployment.

Output: Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention; (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution; (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee; (4) limits Force deployment to a maximum of six months; and (5) requires its basing and infrastructure service to be leased from existing member nations' institutions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Taxation of Minor Children Simplifcation
Act of 2004''.

SEC. 2. TAXATION OF MINOR CHILDREN.

    (a) Application of Trust Rate Schedule to Net Unearned Income of
Minor Children.--Subsection (g) of section 1 of the Internal Revenue
Code of 1986 (relating to certain unearned income of minor children
taxed as if parent's income) is amended--
            (1) by striking paragraphs (1), (3), and (5),
            (2) by redesignating paragraphs (4), (6), and (7) as
        paragraphs (3), (4), and (5), respectively, and
            (3) by inserting before paragraph (2) the following new
        paragraph:
            ``(1) In general.--In the case of a child to whom this
        subsection applies, the tax imposed by this section shall be
        the sum of--
                    ``(A) a tax computed at the rates and in the same
                manner as if this subsection had not been enacted on
                taxable income reduced by net unearned income, plus
                    ``(B) the excess (if any) of the tax determined
                under subsection (e) on total taxable income over the
                tax determined under subsection (e) on taxable income
                reduced by net unearned income.''.
    (b) Expansion of Parental Election.--Paragraph (5) of section 1(g)
of such Code (as redesignated under subsection (a)) is amended to read
as follows:
            ``(5) Election to claim income of child on parent's
        return.--
                    ``(A) In general.--If the parent of any child to
                whom this subsection applies elects the application of
                subparagraph (B), such child--
                            ``(i) shall be treated (other than for
                        purposes of this paragraph)--
                                    ``(I) as having no gross income for
                                such year, and
                                    ``(II) as not being entitled to any
                                deductions or credits for such year,
                                and
                            ``(ii) shall not be required to file a
                        return under section 6012 for such year.
                    ``(B) Income included on parent's return.--In the
                case of a parent making the election under this
                paragraph--
                            ``(i) the gross income of each child to
                        whom such election applies shall be included in
                        such parent's gross income for the taxable
                        year,
                            ``(ii) the deductions to which such child
                        would be entitled without regard to such
                        election shall be allowed to such parent but
                        only to the extent the aggregate of such
                        deductions does not exceed the gross income of
                        such child,
                            ``(iii) any estimated tax payment, and any
                        amount which has been deducted and withheld
                        under chapter 24, for such year that is made in
                        the name and TIN of such child shall be treated
                        as an estimated tax payment or as an amount
                        deducted and withheld in the name and TIN of
                        such parent for such year (including for
                        purposes of section 31), and
                            ``(iv) any interest which is an item of tax
                        preference under section 57(a)(5) of the child
                        shall be treated as an item of tax preference
                        of such parent (and not of such child).
                    ``(C) Special rule for determining which parent may
                make election.--For purposes of this paragraph, the
                parent of a child to whom this subsection applies who
                may make an election under this paragraph shall be--
                            ``(i) in the case of parents who are not
                        married (within the meaning of section 7703),
                        the custodial parent (within the meaning of
                        section 152(e)) of the child, and
                            ``(ii) in the case of married individuals
                        filing separately, the individual with the
                        greater taxable income.
                    ``(D) Carryovers allowed.--Subparagraph (A)(i)(II)
                shall not prohibit the carryover of any amount that the
                child would be entitled to carryover without regard to
                the election under this paragraph.
                    ``(E) Regulations.--The Secretary shall prescribe
                such regulations as may be necessary or appropriate to
                carry out the purposes of this paragraph.''.
    (c) Conforming Amendment.--The heading for subsection (g) of
section 1 of such Code is amended to read as follows:
    ``(g) Treatment of Certain Income of Minor Children.--''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.

Output: Taxation of Minor Children Simplification Act of 2004 - Amends the Internal Revenue Code to revise rules for the taxation of the income of minor children (under age 14). Repeals the allocable parental tax rules. Allows parents to elect to claim the child's gross income and deductions on the parents' tax return.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Montgomery GI Bill Revitalization
Act of 2003''.

SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF
              ACTIVE-DUTY SERVICE.

    (a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
    ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE
``Sec. 3041. Enhanced educational assistance entitlement
    ``(a) Entitlement.--An eligible individual is entitled to enhanced
educational assistance under this subchapter.
    ``(b) Eligible Individual Defined.--For purposes of this
subchapter, the term `eligible individual' means an individual who
meets the service requirement described in subsection (c) and whose
status after completion of such service is described in section
3011(a)(2) of this title. Such term does not include an individual
described in paragraph (1) or (2) of section 3011(c) of this title.
    ``(c) Service Requirement.--(1) The service requirement referred to
in subsection (b) is as follows:
            ``(A) After September 30, 2003, the individual--
                    ``(i) first enters on active duty;
                    ``(ii) reenlists or extends an enlistment on active
                duty as a member of the Armed Forces; or
                    ``(iii) in the case of an officer, continues to
                serve on active duty after that date.
            ``(B) From the date of such entry, reenlistment, extension,
        or continuation, as the case may be, the individual--
                    ``(i) serves a continuous period of active duty of
                at least four years in the Armed Forces; or
                    ``(ii) serves on active duty in the Armed Forces
                and is discharged or released from active duty--
                            ``(I) as provided in subclause (I) of
                        section 3011(a)(1)(A)(ii) of this title;
                            ``(II) for the convenience of the
                        Government, after having completed not less
                        than 42 months of continuous active duty; or
                            ``(III) as provided in subclause (III) of
                        section 3011(a)(1)(A)(ii) of this title.
    ``(2) In determining service under paragraph (1), the following
rules apply:
            ``(A) Any period of service described in paragraph (2) or
        (3) of section 3011(d) of this title that applies to an
        eligible individual under this section shall not be considered
        a part of the individual's period of active duty.
            ``(B) A member described in paragraph (2) of section
        3011(f) of this title who serves the periods of active duty
        referred to in such paragraph shall be deemed to have served a
        continuous period of active duty the length of which is the
        aggregate length of the periods of active duty referred to in
        such paragraph.
            ``(C) Subsections (g) and (h) of section 3011 of this title
        apply with respect to an eligible individual under this section
        in the same manner as they apply to an individual under section
        3011 of this title.
    ``(d) Election of Basic Educational Assistance.--(1) An eligible
individual entitled to enhanced educational assistance under this
subchapter may elect (in a form and manner prescribed by the Secretary)
to receive basic educational assistance under subchapter II in lieu of
such enhanced educational assistance for an enrollment period. Such an
election shall be made not later than 30 days before the beginning of
the enrollment period.
    ``(2) An eligible individual may revoke an election made pursuant
to paragraph (1), but in no case may such revocation be made later than
30 days before the beginning of the enrollment period.
``Sec. 3042. Duration of enhanced educational assistance
    ``(a) In General.--Subject to section 3695 of this title and except
as provided in subsection (b), each individual entitled to enhanced
educational assistance under section 3041 of this title is entitled to
a monthly enhanced educational assistance allowance under this
subchapter for a period or periods not to exceed a total of 36 months
(or the equivalent thereof in part-time enhanced educational
assistance).
    ``(b) Special Rule for Certain Early Separations.--Subject to
section 3695 of this title, in the case of an individual described in
subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title who
does not serve a continuous period of active duty of at least four
years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of
this title), the individual is entitled to one month of enhanced
educational assistance benefits under this subchapter (not to exceed a
total of 36 months (or the equivalent thereof in part-time enhanced
educational assistance)) for each month of continuous active duty
served by the individual beginning with the date on which the entry on
active duty, reenlistment, enlistment extension, or continuation
applicable to that individual under section 3041(c)(1)(A) of this title
begins.
``Sec. 3043. Payment of educational expenses
    ``(a) In General.--(1) Subject to paragraph (2), the Secretary
shall pay to the educational institution providing a course under an
approved program of education to an eligible individual under this
subchapter who is enrolled in the course the actual cost of tuition and
fees otherwise payable by the individual.
    ``(2) Such cost may not exceed the amount charged to similarly
circumstanced nonveterans.
    ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall
pay to each eligible individual under this subchapter who is pursuing
an approved program of education--
            ``(1) a stipend as provided in section 3044 of this title;
        and
            ``(2) in accordance with regulations prescribed by the
        Secretary, an amount equal to the average cost of books and
        supplies payable by individuals pursuing courses of education
        at educational institutions.
    ``(c) Exclusion From Income for Eligibility Determinations for
Federal Educational Loans.--Notwithstanding any other provision of law,
amounts payable by the Secretary under this subchapter with respect to
an eligible individual shall not be considered as income for purposes
of determining eligibility of such individual for education grants or
loans under any other provision of Federal law.
``Sec. 3044. Amount of stipend
    ``(a) In General.--Except as provided in section 3042 of this
title, the stipend under this subchapter shall be paid at a monthly
rate (as that rate may be increased pursuant to subsection (b)) as
follows:
            ``(1) At the monthly rate of $900 for an approved program
        of education pursued on a full-time basis.
            ``(2) At the monthly rate of $700 for an approved program
        of education pursued on a three-quarter-time basis.
            ``(3) At the monthly rate of $500 for an approved program
        of education pursued on a half-time basis.
            ``(4) At the monthly rate of $300 for an approved program
        of education pursued on less than a half-time basis.
    ``(b) Adjustment for Inflation.--With respect to any fiscal year
beginning after fiscal year 2004, the Secretary shall increase the rate
paid under subsection (a) for the previous fiscal year by the
percentage applicable under section 3015(h) of this title.
``Sec. 3045. Tutorial assistance
    ``An individual entitled to an enhanced educational assistance
allowance under this subchapter shall be entitled to benefits provided
an individual under section 3019 of this title, subject to the
conditions provided in such section.''.
    (b) Conforming Amendments.--(1) Section 3002 of such title is
amended by inserting at the end the following new paragraph:
    ``(9) The term `enhanced educational assistance' means educational
assistance provided under subchapter V.''.
    (2) Section 3011 of such title is amended in subsection (f)(1) and
(g) by striking ``chapter'' each place it appears and inserting
``subchapter''.
    (3) Section 3018A(a) of such title is amended by striking
``education assistance under this chapter'' and inserting ``educational
assistance under this subchapter''.
    (4) Section 3018B of such title is amended by striking ``education
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
    (5) Section 3018C of such title is amended by striking
``educational assistance under this chapter'' each place it appears and
inserting ``educational assistance under this subchapter''.
    (6) Section 3019 of such title is amended by striking ``chapter''
each place it appears and inserting ``subchapter''.
    (7) Section 3031 of such title is amended--
            (A) in subsection (f), by inserting ``or 3042 of this
        title'' after ``section 3013'' each place it appears; and
            (B) in subsection (h), by inserting ``or
        3031(c)(1)(B)(ii)(III)'' after ``section
        3011(a)(1)(A)(ii)(III)''.
    (8) Section 3032(e)(3) of such title is amended by inserting ``, or
section 3044(a)(1),'' after ``section 3015''.
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by adding at the end the following
new items:

            ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE

``3041. Enhanced educational assistance entitlement.
``3042. Duration of enhanced educational assistance.
``3043. Payment of educational expenses.
``3044. Amount of stipend.
``3045. Tutorial assistance.''.

SEC. 3. REPEAL OF PAY REDUCTION, ELECTION OF BENEFITS, AND HIGH SCHOOL
              GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC
              EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.

    (a) Repeal of Pay Reduction and Election of Benefits.--
            (1) Active duty program.--(A) Section 3011 of title 38,
        United States Code, is amended--
                    (i) by striking subsection (b); and
                    (ii) in subsection (c), by striking paragraph (1)
                and redesignating paragraphs (2) and (3) as paragraphs
                (1) and (2), respectively.
            (B) Section 3012 of such title is amended--
                    (i) by striking subsection (c); and
                    (ii) in subsection (d), by striking paragraph (1)
                and redesignating paragraphs (2) and (3) as paragraphs
                (1) and (2), respectively.
            (2) Opportunities to withdraw election not to enroll.--(A)
        Section 3016(a)(1) of such title is amended by striking ``, and
        does not make an election under section 3011(c)(1) or section
        3012(d)(1)''.
            (B) Sections 3018A and 3018B of such title are each amended
        by adding at the end the following new subsection:
    ``(e) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning after
September 30, 2003. Any obligation of such individual under subsection
(b) as of such date shall be deemed to be fully satisfied as of such
date.''.
            (C)(i) Section 3018C(e) of such title is amended--
                    (I) by striking paragraphs (3) and (4); and
                    (II) by redesignating paragraph (5) as paragraph
                (3).
            (ii) Section 3018C of such title is amended by adding at
        the end the following new subsection:
    ``(f) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning after
September 30, 2003. Any obligation of such individual under subsection
(b) as of such date shall be deemed to be fully satisfied as of such
date.''.
            (3) Effective date.--The amendments made by this subsection
        shall take effect on October 1, 2003, and apply to individuals
        whose initial obligated period of active duty under section
        3011 or 3012 of title 38, United States Code, as the case may
        be, begins on or after such date.
            (4) Termination of pay reductions in progress.--Any
        reduction in the basic pay of an individual referred to in
        subsection (b) of section 3011 of title 38, United States Code,
        by reason of such subsection, or of any individual referred to
        in subsection (c) of section 3012 of such title by reason of
        such subsection, shall cease commencing with months beginning
        after September 30, 2003, and any obligation of such individual
        under such subsections, as the case may be, as of such date
        shall be deemed to be fully satisfied as of such date.
    (b) Repeal of High School Graduation Requirement.--
            (1) Active duty.--(A) Section 3011(a) of title 38, United
        States Code, is amended--
                    (i) by striking paragraph (2); and
                    (ii) by redesignating paragraph (3) as paragraph
                (2).
            (B) Section 3012(a) of such title is amended--
                    (i) by striking paragraph (2); and
                    (ii) by redesignating paragraph (3) as paragraph
                (2).
            (2) Opportunities to withdraw election not to enroll.--(A)
        Section 3018(b) of such title is amended--
                    (i) by inserting ``and'' at the end of paragraph
                (3)(C);
                    (ii) by striking paragraph (4); and
                    (iii) by redesignating paragraph (5) as paragraph
                (4).
            (B)(i) Section 3018A(a) of such title is amended--
                    (I) by striking paragraph (2);
                    (II) by redesignating paragraphs (3), (4), and (5)
                as paragraphs (2), (3), and (4), respectively; and
                    (III) in paragraphs (3) and (4), as so
                redesignated, by striking ``paragraph (3) of this
                subsection'' and inserting ``paragraph (2)''.
            (ii) Section 3018A(c) of such title is amended by striking
        ``subsection (a)(3) of this section'' and inserting
        ``subsection (a)(2)''.
            (iii) Section 3018A(d)(1) of such title is amended by
        striking ``subsection (a)(4) of this subsection'' and inserting
        ``subsection (a)(3)''.
            (C)(i) Section 3018B(a)(1) of such title is amended--
                    (I) by striking subparagraph (B);
                    (II) by redesignating subparagraphs (C), (D), and
                (E) as subparagraphs (B), (C), and (D), respectively;
                and
                    (III) in subparagraphs (C) and (D), as so
                redesignated, by striking ``subparagraph (C) of this
                paragraph'' and inserting ``subparagraph (B)''.
            (D)(i) Section 3018B(a)(2) of such title is amended--
                    (I) by striking subparagraph (B);
                    (II) by redesignating subparagraphs (C), (D), and
                (E) as subparagraphs (B), (C), and (D), respectively;
                    (III) in subparagraph (B), as so redesignated, by
                striking ``paragraph (1)(C) of this subsection'' and
                inserting ``paragraph (1)(B)''; and
                    (IV) in subparagraphs (C) and (D), as so
                redesignated, by striking ``subparagraph (C)'' and
                inserting ``subparagraph (B)''.
            (ii) Section 3018B(c) of such title is amended by striking
        ``subsection (a)(1)(C) or (a)(2)(C) of this section'' and
        inserting ``subsection (a)(1)(B) or (a)(2)(B)''.
            (iii) Section 3018B(d)(1) of such title is amended by
        striking ``subsection (a)(1)(D) or (a)(2)(D) of this section''
        and inserting ``subsection (a)(1)(C) or (a)(2)(C)''.
            (E)(i) Section 3018C(a) of such title is amended--
                    (I) by striking paragraph (3);
                    (II) by redesignating paragraphs (4) and (5) as
                paragraphs (3) and (4), respectively; and
                    (III) in paragraph (3), as so redesignated, by
                striking ``paragraph (5)'' and inserting ``paragraph
                (4)''.
            (ii) Section 3018C(b)(2) of such title is amended by
        striking ``subsection (a)(4)'' and inserting ``subsection
        (a)(3)''.
            (iii) Section 3018C(c)(1) of such title is amended by
        striking ``subsection (a)(5)'' and inserting ``subsection
        (a)(4)''.
            (iv) Section 3018C(e)(1) of such title is amended by
        striking ``elections made under subsection (a)(5)'' and
        inserting ``elections made under subsection (a)(4)''.
            (v) Section 3018C(e)(2) of such title is amended--
                    (I) by striking subparagraph (C); and
                    (II) by redesignating subparagraph (D) as
                subparagraph (C).
            (3) Effective date.--The amendments made by this subsection
        shall take effect on October 1, 2003, and shall apply with
        respect to individuals applying for basic educational
        assistance under chapter 30 of title 38, United States Code, on
        or after such date.
    (c) Education Outreach Services to Members of the Armed Forces.--
            (1) In general.--Section 3034(e)(1) of title 38, United
        States Code, is amended to read as follows:
    ``(e)(1) Not later than one year after an individual initially
enters on active duty as a member of the Armed Forces, and at such
additional times as the Secretary determines appropriate, the Secretary
shall furnish the individual the information described in paragraph
(2).''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall take effect on October 1, 2003, and shall apply to
        individuals whose initial obligated period of active duty under
        section 3011 or 3012 of title 38, United States Code, as the
        case may be, begins on or after such date.

Output: Montgomery GI Bill Revitalization Act of 2003 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides: (1) a monthly stipend for approved programs of education; and (2) tutorial assistance.Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance; and (4) provisions limiting an individual's opportunity to withdraw an election not to enroll in such assistance program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Child Welfare Response
to Trafficking Act of 2014''.

SEC. 2. CAPTA AMENDMENTS.

    Section 106 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)(B)--
                            (i) by striking ``and'' at the end of
                        clause (xxii); and
                            (ii) by adding at the end the following:
                            ``(xxiv) provisions and procedures to
                        identify and assess reports involving children
                        who are sex trafficking victims, and which may
                        include provisions and procedures to identify
                        and assess reports involving children who are
                        victims of severe forms of trafficking in
                        persons described in section of 103(9)(B) of
                        the Trafficking Victims Protection Act of 2000
                        (22 U.S.C. 7102(9)(B));
                            ``(xxv) provisions and procedures for
                        training representatives of the State child
                        protective services systems about identifying
                        and assessing children who are sex trafficking
                        victims, and which may include provisions and
                        procedures for such training with respect to
                        children who are victims of severe forms of
                        trafficking in persons described in section of
                        103(9)(B) of the Trafficking Victims Protection
                        Act of 2000 (22 U.S.C. 7102(9)(B)); and
                            ``(xxvi) provisions and procedures for
                        identifying services (including the services
                        provided by State law enforcement officials,
                        the State juvenile justice system, and social
                        service agencies, such as runaway and homeless
                        youth shelters) and procedures for appropriate
                        referral to address the needs of children who
                        are sex trafficking victims, and which may
                        include provisions and procedures for the
                        identification of such services and procedures
                        with respect to children who are victims of
                        severe forms of trafficking in persons
                        described in section of 103(9)(B) of the
                        Trafficking Victims Protection Act of 2000 (22
                        U.S.C. 7102(9)(B));'';
                    (B) in paragraph (2)(D)--
                            (i) by striking ``and'' at the end of
                        clause (v);
                            (ii) by inserting ``and'' at the end of
                        clause (vi); and
                            (iii) by adding at the end the following:
                            ``(vii) the provisions and procedures
                        described in clauses (xxiv) and (xxvi) of
                        subparagraph (B);''; and
                    (C) in paragraph (4)--
                            (i) by striking ``and'' at the end of
                        subparagraph (A);
                            (ii) by striking the period at the end of
                        subparagraph (B) and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(C) Sex trafficking victim.--The term `sex
                trafficking victim' means a victim of--
                            ``(i) sex trafficking (as defined in
                        section 103(10) of the Trafficking Victims
                        Protection Act of 2000 (22 U.S.C. 7102(10)));
                        or
                            ``(ii) a severe form of trafficking in
                        persons described in section 103(9)(A) of such
                        Act (22 U.S.C. 7102(9)(A)).''; and
            (2) in subsection (d), by adding at the end the following:
            ``(17) The number of children identified under clause
        (xxiv) of subsection (b)(2)(B), and of such children--
                    ``(A) the number identified as sex trafficking
                victims (as defined in subsection (b)(4)(C)); and
                    ``(B) in the case of a State that has provisions
                and procedures to identify children who are victims of
                severe forms of trafficking in persons described in
                section 103(9)(B) of the Trafficking Victims Protection
                Act of 2000 (22 U.S.C. 7102(9)(B)), the number so
                identified.''.

SEC. 3. REPORT TO CONGRESS.

    (a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pension of the Senate, a report that--
            (1) describes the specific type and prevalence of severe
        form of trafficking in persons to which children who are
        identified for services or intervention under the placement,
        care, or supervision of State, Indian tribe, or tribal
        organization child welfare agencies have been subjected as of
        the date of enactment of this Act;
            (2) summarizes the practices and protocols utilized by
        States to identify and serve--
                    (A) under section 106(b)(2)(B) of the Child Abuse
                Prevention and Treatment Act (42 U.S.C.
                5106a(b)(2)(B)), children who are victims of
                trafficking; and
                    (B) children who are at risk of becoming victims of
                trafficking; and
            (3) specifies any barriers in Federal laws or regulations
        that may prevent identification and assessment of children who
        are victims of trafficking, including an evaluation of the
        extent to which States are able to address the needs of such
        trafficked children without altering the definition of child
        abuse and neglect under section 3 of the Child Abuse Prevention
        and Treatment Act (42 U.S.C. 5101 note).
    (b) Definitions.--For purposes of this section:
            (1) Severe form of trafficking in persons.--The term
        ``severe form of trafficking in persons'' has the meaning given
        the term in section 103(9) of the Trafficking Victims
        Protection Act of 2000 (22 U.S.C. 7102(9)).
            (2) Victim of trafficking.--The term ``victim of
        trafficking'' has the meaning given the term in section 103(15)
        of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
        7102(15)).

            Passed the House of Representatives July 25, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: .  Strengthening Child Welfare Response to Trafficking Act of 2014 - Amends the Child Abuse Prevention and Treatment Act to condition eligibility to receive a state grant for child abuse or neglect prevention and treatment programs on inclusion in the state plan of a certification by the governor that the state has in effect and is enforcing a state law, or is operating a statewide program, that includes provisions and procedures to: (1) identify and assess reports involving children who are sex trafficking victims (and which may also involve children who are victims of severe forms of trafficking in persons), (2) train representatives of the state child protective services about identifying and assessing such children, and (3) identify services and procedures for appropriate referral to address the needs of such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on: (1) the specific type and prevalence of severe forms of trafficking in persons to which children have been subjected who are identified for services or intervention under the placement, care, or supervision of state, Indian tribe, or tribal organization child welfare agencies; (2) the practices and protocols utilized by states to identify and serve children who are, or are at-risk of becoming, victims of trafficking; and (3) any barriers in federal laws or regulations that may prevent identification and assessment of children who are such victims.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promise for Antibiotics and
Therapeutics for Health Act'' or the ``PATH Act''.

SEC. 2. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL DRUGS.

    Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356) is amended--
            (1) by transferring subsection (e) so that it appears
        before subsection (f); and
            (2) by adding at the end the following:
    ``(g) Limited Population Pathway for Antibacterial Drugs.--
            ``(1) In general.--The Secretary shall establish a program
        under which the Secretary may, at the request of a sponsor,
        approve an antibacterial drug, alone or in combination with one
        or more drugs, as a limited population antibacterial drug, upon
        a determination that such drug is intended to treat a serious
        or life-threatening disease, condition, or infection and
        address an unmet medical need for such disease, condition, or
        infection within an identifiable limited population.
            ``(2) Limited population pathway.--
                    ``(A) In general.--The sponsor of an antibacterial
                drug that the Secretary determines to be eligible for
                approval as a limited population antibacterial drug
                shall be required to demonstrate the safety and
                effectiveness of such drug, as required under section
                505(d) or section 351(a) of the Public Health Service
                Act, for the intended use of the drug. The Secretary
                shall determine the safety and effectiveness of an
                antibacterial drug under the limited population pathway
                for antibacterial drugs in accordance with subparagraph
                (B). An antibacterial drug shall be eligible for
                approval under the limited population pathway only upon
                the request of the sponsor.
                    ``(B) Considerations.--
                            ``(i) Benefit-risk profile.--The
                        Secretary's determination of safety and
                        effectiveness of a limited population
                        antibacterial drug shall reflect the benefit-
                        risk profile of the drug in the intended
                        limited population, taking into account the
                        severity, rarity, or prevalence of the
                        infection the drug is intended to treat and the
                        availability or lack of alternative treatment
                        for such infection. Approval of a drug under
                        the limited population antibacterial drug
                        pathway shall not be denied due to a lack of
                        evidence to fully establish a favorable
                        benefit-risk profile in a population that is
                        broader than the intended limited population.
                            ``(ii) Types of evidence.--In determining
                        whether to approve a drug under the limited
                        population pathway, the Secretary--
                                    ``(I) shall rely on sufficient
                                evidence, which may include traditional
                                endpoints, alternate endpoints, or a
                                combination of traditional and
                                alternate endpoints, and, as
                                appropriate, small clinical data sets;
                                and
                                    ``(II) may rely on supplemental
                                data, including preclinical evidence,
                                pharmacologic or pathophysiologic
                                evidence, nonclinical susceptibility,
                                pharmacokinetic data, and other such
                                confirmatory evidence as the Secretary
                                determines appropriate.
            ``(3) Requirements.--With respect to a drug approved
        through the limited population pathway, the Secretary shall
        require--
                    ``(A) the labeling of such antibacterial drug, such
                as through a logo or other means, to indicate that the
                drug has been approved for use only in a limited
                population and that the safety and efficacy of the drug
                has been demonstrated only with respect to such limited
                population; and
                    ``(B) the sponsor to submit copies of all
                promotional materials related to the limited population
                antibacterial drug, at least 30 days prior to
                dissemination of the materials.
            ``(4) Other programs.--A sponsor of a drug that seeks
        approval of a drug through the limited population pathway for
        antibacterial drugs may also seek approval of such drug under
        subsections (a), (b), and (c), and sections 505E and 524.
            ``(5) Guidance.--Not later than 18 months after the date of
        enactment of the Promise for Antibiotics and Therapeutics for
        Health Act, the Secretary shall issue draft guidance describing
        criteria, processes, and other general considerations for
        demonstrating the safety and effectiveness of limited
        population antibacterial drugs and how the pathway can be
        expanded to other therapeutic areas in addition to
        antibacterial infections. The Secretary may approve
        antibacterial drugs through such limited population pathway
        prior to issuing guidance under this paragraph.
            ``(6) Postapproval monitoring programs for antibacterial
        drugs.--The Secretary, in consultation with the Commissioner
        and other relevant heads of agencies, shall conduct
        postapproval monitoring programs to study how antibacterial
        drugs approved through the pathway under this subsection are
        used and to monitor changes in bacterial resistance to drugs,
        including drugs approved under this pathway.
            ``(7) Advice.--The Secretary shall provide prompt advice to
        the sponsor of a drug for which the sponsor seeks approval
        through the limited population pathway for antibacterial drugs
        to enable the sponsor to plan a development program to obtain
        the necessary data for approval of such drug through the
        limited population pathway for antibacterial drugs and to
        conduct any additional studies that would be required to gain
        approval of such drug for use in a broader population.
            ``(8) Termination of limitations.--If, after approval of a
        drug through the limited population pathway for antibacterial
        drugs, the Secretary approves a broader indication for such
        drug for which the sponsor applies under section 505(b) or
        section 351 of the Public Health Service Act, the Secretary may
        remove any postmarketing conditions, including requirements
        with respect to labeling and review of promotional materials
        under paragraph (3) and postapproval monitoring under paragraph
        (6), applicable to the approval of the drug through the limited
        population pathway for antibacterial drugs.
            ``(9) Rules of construction.--
                    ``(A) Standards of evidence and authority of
                secretary.--Nothing in this subsection shall be
                construed to alter the standards of evidence applicable
                to the review and approval of a drug under this Act or
                the Public Health Service Act, or to modify or limit
                the authority of the Secretary to approve or monitor
                drugs pursuant to this Act or the Public Health Service
                Act as authorized prior to the date of enactment of the
                Promise for Antibiotics and Therapeutics for Health
                Act.
                    ``(B) Prescribing authority.--Nothing in this
                subsection shall be construed to restrict the
                prescribing of antibiotics or other products, including
                drugs approved under the limited population pathway, by
                health care professionals, or to limit the practice of
                health care.
            ``(10) Expansion of pathway.--Beginning on October 1, 2016,
        the limited population pathway for antibiotic drugs may be
        expanded to apply to approval of other drugs intended to treat
        a serious or life-threatening illness. The approval of such
        drugs shall be subject to the considerations and requirements
        described in this subsection, unless the Secretary delivers a
        report to Congress prior to that date explaining why such
        pathway should not be used for other therapeutic areas in
        addition to antibacterial infections.''.

Output: Promise for Antibiotics and Therapeutics for Health Act or the PATH Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to establish a program to approve an antibacterial drug intended to treat a serious medical condition and address an unmet medical need within an identifiable limited population as a limited population antibacterial drug. Requires the sponsor of a drug eligible for approval as a limited population antibacterial drug to demonstrate the safety and effectiveness of the drug for its intended use. Requires an HHS determination of the safety and effectiveness of a limited population antibacterial drug to reflect the drug's benefit-risk profile in the intended limited population. Prohibits a lack of evidence of a favorable benefit-risk profile in a broader population from resulting in a denial of approval. Directs HHS to require: (1) the labeling of a limited population antibacterial drug to indicate that the drug has been approved for use only in a limited population, and (2) submission of promotional materials related to the drug prior to dissemination. Directs HHS to describe considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the limited population pathway can be expanded to other therapeutic areas. Requires HHS to conduct postapproval monitoring programs to study how antibacterial drugs approved through the limited population pathway are used and to monitor changes in bacterial drug resistance. Allows HHS to remove the labeling, marketing, and postapproval monitoring requirements of a limited population antibacterial drug if the drug is approved for broader use. Allows the limited population pathway to be expanded to other drugs intended to treat serious illness beginning October 1, 2016.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care COBRA OffSet Tax Savings
Act of 2005'' or the ``Health Care COSTS Act of 2005'' .

SEC. 2. REFUNDABLE CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION
              COVERAGE FOR CERTAIN INDIVIDUALS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 35 the following new section:

``SEC. 35A. CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR
              CERTAIN INDIVIDUALS.

    ``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle an amount equal to 50 percent of the amount of the premium
which would (but for this section) be required to be paid by such
individual during the taxable year for COBRA continuation coverage
under a group health plan.
    ``(b) Eligible Individual.--For purposes of this section--
            ``(1) In general.--The term `eligible individual' means any
        individual--
                    ``(A) who receives COBRA continuation coverage
                under a group health plan by reason of a qualifying
                event described in section 4980B(f)(3), and
                    ``(B) the modified adjusted gross income (as
                defined in section 221(b)(2)(C)) of whom for the
                taxable year does not exceed the applicable amount.
            ``(2) Applicable amount.--For purposes of paragraph (1),
        the applicable amount is $30,000 increased by $10,000--
                    ``(A) for the spouse of the taxpayer, and
                    ``(B) for each individual who is a dependent (as
                defined in section 152) of the taxpayer.
    ``(c) Assignment of Credit to Plan Administrator.--The Secretary
shall prescribe regulations which permit eligible individuals to assign
the credit under this section to the administrator of the plan under
which COBRA continuation coverage is being provided. The credit so
assigned by an individual shall be treated by the administrator as a
premium payment by such individual.
    ``(d) Other Definitions.--For purposes of this section--
            ``(1) Administrator.--The term `administrator' has the
        meaning given such term in section 3(16) of the Employee
        Retirement Income Security Act of 1974.
            ``(2) COBRA continuation coverage.--The term `COBRA
        continuation coverage' means the first 18 months of
        continuation coverage provided pursuant to--
                    ``(A) section 4980B (other than subsection (f)(1)
                of such section insofar as it relates to pediatric
                vaccines),
                    ``(B) title XXII of the Public Health Service Act,
                    ``(C) part 6 of subtitle B of title I of the
                Employee Retirement Income Security Act of 1974 (other
                than under section 609),
                    ``(D) section 8905a of title 5, United States Code,
                or
                    ``(E) a State program that provides continuation
                coverage comparable to such continuation coverage.
            ``(3) Group health plan.--The term `group health plan' has
        the meaning given such term in section 9832(a).''.
    (b) Clerical Amendment.--The table of sections for such subpart C
is amended by inserting after the item relating to section 35 the
following new item:

``Sec. 35A. Credit to subsidize cost of COBRA continuation coverage for
                            certain individuals.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 3. CHANGE IN COBRA NOTICE.

    (a) Notices.--
            (1) General notices.--In the case of notices provided under
        sections 606 of the Employee Retirement Income Security Act of
        1974, section 2206 of the Public Health Service Act, and
        section 4980B(f)(6) of the Internal Revenue Code of 1986 with
        respect to individuals who become entitled to elect COBRA
        continuation coverage after the date of the enactment of this
        Act, such notices shall include an additional notification to
        the recipient of the availability of the subsidy provided under
        section 35A of the Internal Revenue Code of 1986.
            (2) Alternative notice.--In the case of COBRA continuation
        coverage to which the notice provisions described in paragraph
        (1) do not apply, the Secretary of Labor shall, in coordination
        with administrators of the group health plans (or other
        entities) who provide or administer the COBRA continuation
        coverage involved, assure provision of such notice.
            (3) Form.--The requirement of the additional notification
        under this subsection may be met by amendment of existing
        notice forms or by inclusion of a separate document with the
        notice otherwise required.
    (b) Specific Requirements.--Each additional notification under
subsection (a) shall include--
            (1) a description of the eligibility requirements for
        premium assistance under section 35A of the Internal Revenue
        Code of 1986,
            (2) the name, address, and telephone number necessary to
        contact the plan administrator and any other person maintaining
        relevant information in connection with the premium assistance,
        and
            (3) the following statement displayed in a prominent
        manner: ``You may be eligible to receive assistance with
        payment of 50 percent of your COBRA continuation coverage
        premiums for a duration of not to exceed 18 months.''.
    (c) Model Notices.--The Secretary of Labor shall prescribe models
for the additional notification required under this section.

Output: Health Care COBRA OffSet Tax Savings Act of 2005 or the Health Care COSTS Act of 2005 - Amends the Internal Revenue Code to allow certain individual taxpayers a refundable tax credit for 50% of the premium for COBRA continuation coverage under a group health plan. Requires notice of the availability of this tax credit to individuals entitled to COBRA continuation coverage.