santoshtyss/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elimination of Double Subsidies for the Hardrock Mining Industry Act of 1999''. SEC. 2. REPEAL OF PERCENTAGE DEPLETION ALLOWANCE FOR CERTAIN HARDROCK MINES. (a) In General.--Section 613(a) of the Internal Revenue Code of 1986 (relating to percentage depletion) is amended by inserting ``(other than hardrock mines located on lands subject to the general mining laws or on land patented under the general mining laws)'' after ``In the case of the mines''. (b) General Mining Laws Defined.--Section 613 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) General Mining Laws.--For purposes of subsection (a), the term `general mining laws' means those Acts which generally comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30 of the United States Code.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. ABANDONED MINE RECLAMATION FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following: ``SEC. 9511. ABANDONED MINE RECLAMATION FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Abandoned Mine Reclamation Trust Fund' (in this section referred to as `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund amounts equivalent to 25 percent of the additional revenues received in the Treasury by reason of the amendments made by section 2 of the Elimination of Double Subsidies for the Hardrock Mining Industry Act of 1999. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Trust Fund shall be available, as provided in appropriation Acts, to the Secretary of the Interior for-- ``(A) the reclamation and restoration of lands and water resources described in paragraph (2) adversely affected by mineral (other than coal and fluid minerals) and mineral material mining, including-- ``(i) reclamation and restoration of abandoned surface mine areas and abandoned milling and processing areas, ``(ii) sealing, filling, and grading abandoned deep mine entries, ``(iii) planting on lands adversely affected by mining to prevent erosion and sedimentation, ``(iv) prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage, and ``(v) control of surface subsidence due to abandoned deep mines, and ``(B) the expenses necessary to accomplish the purposes of this section. ``(2) Lands and water resources.-- ``(A) In general.--The lands and water resources described in this paragraph are lands within States that have land and water resources subject to the general mining laws or lands patented under the general mining laws-- ``(i) which were mined or processed for minerals and mineral materials or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status before the date of the enactment of this section, ``(ii) for which the Secretary of the Interior makes a determination that there is no continuing reclamation responsibility under State or Federal law, and ``(iii) for which it can be established to the satisfaction of the Secretary of the Interior that such lands or resources do not contain minerals which could economically be extracted through remining of such lands or resources. ``(B) Certain sites and areas excluded.--The lands and water resources described in this paragraph shall not include sites and areas which are designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or which are listed for remedial action under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.). ``(3) General mining laws.--For purposes of paragraph (2), the term `general mining laws' means those Acts which generally comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30 of the United States Code.'' (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 9511. Abandoned Mine Reclamation Trust Fund.''

Elimination of Double Subsidies for the Hardrock Mining Industry Act of 1999 - Amends the Internal Revenue Code to disallow the percentage depletion allowance for hardrock mines located on land currently subject to the general mining laws, or on land patented under such laws. Establishes the Abandoned Mine Reclamation Trust fund in the Treasury. Appropriates to such Fund amounts equal to 25 percent of the additional revenues received by reason of the above change in the percentage depletion allowance. Prescribes guidelines under which such fund shall be available to the Secretary of the Interior for reclamation and restoration of lands and water resources adversely affected by mineral and mineral material mining (excluding coal and fluid materials).

Elimination of Double Subsidies for the Hardrock Mining Industry Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Travel Initiative Improvement Act of 2008''. SEC. 2. FINDINGS; DEFINITION. (a) Findings.--Congress finds the following: (1) All claims of United States citizenship and nationality must be treated with the utmost respect and care, with adherence to procedures necessary and sufficient to guard against the serious risk of United States citizens and nationals being deprived of the rights, privileges, and benefits attendant to such citizenship and nationality or the denial of valid claims thereto. (2) The right to travel abroad and return home is an important and protected element of United States citizenship. This right should not be denied on the basis of race or ancestry or for reasons that are arbitrary and capricious. (3) Millions of United States citizens live in United States border communities and regularly cross the border for family, work, business, and personal reasons. With the Western Hemisphere Travel Initiative (WHTI) scheduled to be fully implemented on June 1, 2009, virtually all United States citizens will be required to possess a passport, passport card, or other WHTI-compliant document to cross the land borders of the United States or enter through sea ports of entry. At that time, a passport--already required for international travel by air--will become a fundamental necessity of everyday life for those United States citizens who live along or near United States land borders. (4) In recent years, certain United States citizens living or born in States bordering Mexico have been formally or effectively denied United States passports as a result of a process that often lacks due process, imposes a heightened burden of proof on certain passport applicants, and results in decisions that are inadequately supported by an evidentiary record. (b) Definitions.-- (1) Applicant.--The term ``applicant'' means a person who submits a United States passport application. (2) Secretary.--The term ``Secretary'' means the Secretary of State and any individual designated by the Secretary of State to adjudicate United States passport applications under An Act To regulate the issue and validity of passports, and for other purposes (July 3, 1926; 22 U.S.C. 211a). SEC. 3. CONFIRMATION AND CLARIFICATION OF STANDARDS FOR ADJUDICATION OF UNITED STATES PASSPORT APPLICATIONS BY SECRETARY OF STATE. (a) In General.-- (1) In general.--The Secretary shall adjudicate United States passport applications in an individualized, evidence- based manner. (2) Individualized assessment.--At every stage of the passport application adjudicatory process under paragraph (1), including any requests for additional evidence and rulings on the merits of an application, the Secretary's decisions respecting United States passport applications shall be based on an assessment of individual circumstances and evidence. (3) Prohibition.--An applicant's race, ethnicity, or ancestry may not be a factor taken into account in the passport application adjudicatory process under paragraph (1). (b) Proceedings.-- (1) In general.--An applicant shall establish by a preponderance of the evidence at all stages of the passport application adjudicatory process, including in proceedings under section 360 of the Immigration and Nationality Act (8 U.S.C. 1503), that such applicant is a United States citizen or national. (2) Prohibition.--The Secretary shall not utilize or apply any heightened burden of proof when evaluating the citizenship or nationality of an applicant and shall apply such preponderance of the evidence standard required under paragraph (1) in a uniform and consistent manner to all passport applications. (3) Writing.--Any determination by the Secretary that an applicant has not met the burden of proving United States citizenship or nationality by a preponderance of the evidence shall be made in writing, state the reasons for the Secretary's determination, and be provided to the applicant in a timely manner. (c) Acceptance of Certain Evidence.--A birth certificate signed by a midwife, doctor, or other person authorized under State law to sign such a document, or a previously-issued United States passport, shall constitute prima facie evidence of United States citizenship or nationality and, absent individualized evidence that a birth did not take place in the United States, shall satisfy the preponderance of the evidence standard for demonstrating an applicant's United States citizenship or nationality.

Western Hemisphere Travel Initiative Improvement Act of 2008 - Directs the Secretary of State to adjudicate U.S. passport applications in an individualized, evidence-based manner. Requires the passport application adjudicatory process to be based on an assessment of individual circumstances and evidence. Prohibits an applicant's race, ethnicity, or ancestry from being taken into account in the passport application adjudicatory process. Requires: (1) an applicant to establish by a preponderance of the evidence that the applicant is a U.S. citizen or national; (2) the preponderance of the evidence standard to be applied in a uniform and consistent manner to all passport applications; and (3) any determination that an applicant has not met the burden of proving U.S. citizenship or nationality by a preponderance of the evidence to be made in writing, state the reasons for the determination, and be provided to the applicant in a timely manner. States that a birth certificate signed by a person authorized under state law to sign such a document, or a previously-issued U.S. passport, shall constitute prima facie evidence of U.S. citizenship or nationality and, absent individualized evidence that a birth did not take place in the United States, shall satisfy the preponderance of the evidence standard.

To establish certain standards for the adjudication of United States passport applications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biological Implant Tracking and Veteran Safety Act of 2014''. SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330B. Identification and tracking of biological implants ``(a) Standard Identification System for Biological Implants.--The Secretary shall adopt the unique device identification system developed for medical devices by the Food and Drug Administration pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(f)), or implement a comparable standard identification system, for use in identifying biological implants intended for use in medical procedures conducted in medical facilities of the Department. ``(b) Biological Implant Tracking System.--(1) The Secretary shall implement a system for tracking the biological implants referred to in subsection (a) from donor to implantation. Such system shall be compatible with the identification system adopted or implemented under subsection (a). ``(2) The Secretary shall implement inventory controls compatible with the tracking system implemented under paragraph (1) so that all patients who have received, in a medical facility of the Department, a biological implant subject to a recall by the Food and Drug Administration can be notified of the recall, if based on the evaluation of appropriate medical personnel of the Department of the risks and benefits, the Secretary determines such notification is appropriate. ``(c) Consistency With Food and Drug Administration Regulations.-- To the extent that a conflict arises between this section and a provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or sections 351 or 361 of the Public Health Service Act (42 U.S.C. 262) (including any regulations issued under such Acts), the provision the Federal Food, Drug, and Cosmetic Act or Public Health Service Act (including any regulations issued under such Acts) shall apply. ``(d) Definition of Biological Implant.--In this section, the term `biological implant' means any human cell, tissue, or cellular or tissue-based product-- ``(1) under the meaning given the term `human cells' in section 1271.3 of title 21, Code of Federal Regulations, or any successor regulation; or ``(2) that is regulated as a device under subpart A of part 801 of title 21, Code of Federal Regulations, or any successor regulation.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``7330B. Identification and tracking of biological implants.''. (c) Implementation Deadlines.-- (1) Standard identification system.-- (A) In general.--With respect to biological implants described in paragraph (1) of subsection (d) of section 7330B of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall adopt or implement a standard identification system for biological implants, as required by subsection (a) of such section, by not later than the date that is 180 days after the date of the enactment of this Act. (B) Implants regulated as devices.--With respect to biological implants described in paragraph (2) of subsection (d) of such section, the Secretary of Veterans Affairs shall adopt or implement such standard identification system in compliance with the compliance dates established by the Food and Drug Administration pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(f)). (2) Tracking system.--The Secretary of Veterans Affairs shall implement the biological implant tracking system required by subsection (b) of section 7330B, as added by subsection (a), by not later than the date that is 180 days after the date of the enactment of this Act. (d) Reporting Requirement.--If the biological implant tracking system required by subsection (b) of such section is not operational by the date that is 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall provide to the Committees on Veterans' Affairs of the Senate and House of Representatives a written explanation for each month until such time as the system is operational. Each such explanation shall describe each impediment to the implementation of the system, steps being taken to remediate each such impediment, and target dates for a solution to each such impediment. SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) Procurement.-- (1) In general.--Subchapter II of chapter 81 of such title is amended by adding at the end the following new section: ``Sec. 8129. Procurement of biological implants ``(a) In General.--(1) The Secretary may procure biological implants only from vendors that meet the following conditions: ``(A) The vendor uses the standard identification system adopted or implemented by the Secretary under section 7330B(a) of this title and has safeguards to ensure that a production identifier has been in place at each step of distribution of each biological implant from its donor. ``(B) The vendor is registered with the Food and Drug Administration under subpart B of part 1271 of title 21, Code of Federal Regulations, or any successor regulation, and in the case of a vendor that uses tissue distribution intermediaries, the vendor uses only tissue distribution intermediaries that are appropriately registered with the Food and Drug Administration. ``(C) The vendor ensures that donor eligibility determinations and such other records as the Secretary may require accompany each biological implant at all times, regardless of the country of origin of the donor of the biological material. ``(D) The vendor consents to periodic inspections and audits by the Department of Veterans Affairs regarding the accuracy of records and the handling of products. ``(E) The vendor agrees to cooperate with all biological implant recalls conducted on the vendor's own initiative, by the request of the Food and Drug Administration, or by a statutory order of the Food and Drug Administration. ``(F) The vendor agrees to provide to the Secretary any adverse event report or warning letter of the Food and Drug Administration issued to the vendor by not later than 30 days after the vendor receives such report or warning letter. ``(G) The vendor agrees to retain all records associated with the procurement of a biological implant by the Department for at least five years after the date of the procurement of the biological implant. ``(H) The vendor maintains active accreditation with the American Association of Tissue Banks or a similar national accreditation specific to biological implants. ``(2) The Secretary shall procure biological implants under the Federal Supply Schedules of the General Services Administration, unless such implants are not available under such Schedules. For biological implants listed on the Federal Supply Schedules, the Secretary shall accommodate reasonable vendor requests to undertake outreach efforts to educate medical professionals of the Department about the use and efficacy of such biological implants. ``(3) Section 8123 of this title shall not apply to the procurement of biological implants. ``(4) In the case of biological implants that are unavailable for procurement under the Federal Supply Schedules, the Secretary shall procure such implants using competitive procedures in accordance with applicable law and the Federal Acquisition Regulation. ``(b) Penalties.--In addition to any applicable penalty under any other provision of law, any procurement employee of the Department who is found responsible for a biological implant procurement transaction with intent to avoid or with reckless disregard of the requirements of this section shall be ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder. ``(c) Definitions.--In this section: ``(1) The term `biological implant' shall have the meaning given such term in section 7330B(d) of this title. ``(2) The term `production identifier' means a distinct identification code that-- ``(A) relates a biological implant to the donor of the implant and to all records pertaining to the implant; ``(B) includes information designed to facilitate effective tracking, using the distinct identification code, from the donor to the recipient and from the recipient to the donor; and ``(C) satisfies the requirements of subsection (c) of section 1271.290 of title 21, Code of Federal Regulations, or any successor regulation.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8129. Procurement of biological implants.''. (b) Effective Date.--Section 8129 of title 38, United States Code, as added by subsection (a), shall take effect on the date that is 180 days after the date on which the tracking system required under subsection (b) of section 7330B of such title, as added by section 2(a) is implemented. (c) Special Rule for Cryopreserved Products.--During the three-year period beginning on the effective date of section 8129 of title 38, United States Code, as added by subsection (a), biological implants produced and labeled before that date may be procured by the Department of Veterans Affairs without relabeling under the standard identification system adopted or implemented under section 7330B of such title, as added by section 2(a).

Biological Implant Tracking and Veteran Safety Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in medical procedures conducted in Department of Veterans Affairs (VA) medical facilities; (2) implement a compatible system for tracking the implants from donor to implantation; and (3) implement inventory controls compatible with such tracking system so that all patients who have received, in a VA medical facility, a biological implant subject to a recall by the FDA can be notified of the recall. Authorizes the Secretary to procure biological implants only from vendors that meet specified conditions, including that the vendor uses the standard identification system, consents to periodic VA inspections and audits, is registered with the FDA, and maintains national accreditation specific to biological implants. Requires the Secretary to: (1) procure such implants under General Services Administration (GSA) Federal Supply Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants that are listed on such Schedules, and (3) procure biological implants that are unavailable for procurement under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Makes any VA procurement employee found responsible for a biological implant procurement transaction with intent to avoid, or with reckless disregard of, the requirements of this Act ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder.

Biological Implant Tracking and Veteran Safety Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Employment Opportunity Act of 2011''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that denial of employment opportunities to individuals because they are or have been unemployed is discriminatory and burdens commerce by-- (1) reducing personal consumption and undermining economic stability and growth; (2) squandering human capital essential to the Nation's economic vibrancy and growth; (3) increasing demands for State and Federal unemployment insurance benefits, reducing trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both; (4) imposing additional burdens on publicly funded health and welfare programs; and (5) depressing income, property, and other tax revenues that states, localities and the Federal Government rely on to support operations and institutions essential to commerce. (b) Purpose.--The purpose of this Act is to prohibit consideration of an individual's status as unemployed in screening for or filling positions except where a requirement related to employment status is a bona fide occupational qualification reasonably necessary to successful performance in the job and to eliminate the burdens imposed on commerce by excluding such individuals from employment. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``employer'' means any person engaged in commerce or any industry or activity affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and includes-- (A) any person who acts, directly or indirectly, in the interest of an employer with respect to employing individuals to work for the employer; and (B) any successor in interest of an employer. (2) the term ``employment agency'' means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for individuals opportunities to work for an employer and includes an agent of such a person, and includes any person who maintains an Internet website that publishes advertisements or announcements of job openings; (3) the term ``affected individual'' means any person who was refused consideration for employment or was not hired by an employer because of the person's current employment status, or any person who was not considered, screened, or referred for employment opportunities by an employment agency because of the person's current employment status; (4) the term ``status as unemployed'' means an individual's present or past unemployment regardless of the length of time such individual was unemployed; and (5) the term ``Secretary'' means the Secretary of Labor. SEC. 4. PROHIBITED ACTS. (a) Employers.--It shall be an unlawful practice for an employer to-- (1) refuse to consider for employment or refuse to offer employment to an individual because of the individual's status as unemployed; (2) publish in print, on the Internet, or in any other medium, an advertisement or announcement for any job that includes-- (A) any provision stating or indicating that an individual's status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employer will not consider an applicant for employment based on that individual's status as unemployed; and (3) direct or request that an employment agency take an individual's status as unemployed into account in screening or referring applicants for employment. (b) Employment Agencies.--It shall be an unlawful practice for an employment agency to-- (1) refuse to consider or refer an individual for employment based on the individual's status as unemployed; (2) limit, segregate, or classify individuals in any manner that may limit their access to information about jobs or referral for consideration of jobs because of their status as unemployed; or (3) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any job vacancy that includes-- (A) any provision stating or indicating that an individual's status as unemployed disqualifies the individual for a job; and (B) any provision stating or indicating that an employer will not consider individuals for employment based on that individual's status as unemployed. (c) Interference With Rights, Proceedings or Inquiries.--It shall be unlawful for any employer or employment agency to-- (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this Act; or (2) refuse to hire, to discharge, or in any other manner to discriminate against any individual because such individual-- (A) opposed any practice made unlawful by this Act; (B) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (d) Bona Fide Occupational Qualification.--Notwithstanding any other provision of this Act, consideration by an employer or employment agency of an individual's status as unemployed shall not be an unlawful employment practice where an individual's employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job that is being filled. SEC. 5. ENFORCEMENT. (a) Civil Action by Individual.-- (1) Liability for employers and employment agencies.--Any employer or employment agency that violates section 4(a) and (b) shall be liable to any affected individual-- (A) for actual damages equal to-- (i) the amount of-- (I) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation or a civil penalty of $1,000 per violation per day, whichever is greater; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer or employment agency that has violated section 4 proves to the satisfaction of the court that the act or omission that violated section 4 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 4, such court may, in its discretion, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment and compensatory and punitive damages. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) of this subsection may be maintained against any employer or employment agency in any Federal or State court of competent jurisdiction by any one or more persons for and in behalf of-- (A) the affected individual; or (B) the affected individual and other individuals similarly situated. (3) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations.--The right provided by paragraph (2) of this subsection to bring an action by or on behalf of any affected individual shall terminate-- (A) on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any violation of section 4; or (B) on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an affected individual by an employer or employment agency liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (b) Action by the Secretary.-- (1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 4 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (2) Civil action.--The Secretary may bring an action in any court of competent jurisdiction-- (A) to enjoin violations of this title and seek other relief going forward necessary to prevent future violations; (B) to recover-- (i) the damages described in subsection (a)(1)(A); (ii) in the case of a violation of section 4(c), a civil penalty of not less than $250 per violation; or (iii) such other equitable relief the Court deems appropriate. (3) Sums recovered.--Any sums recovered by the Secretary pursuant to paragraph (2)(A) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each affected individual. Any such sums recovered pursuant to paragraph (2)(A) that are not paid to an affected individual because of inability to do so within a period of 3 years and any sums recovered pursuant to paragraph (2)(B) shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), an action under subsection (a) may be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought, provided that the limitations for filing an action shall be tolled during the period that the Secretary is considering a complaint against any defendant named in a complaint filed with the Secretary under subsection (b)(1) above. (2) Willful violation.--In the case of such action brought for a willful violation of section 4, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought, provided that the limitations for filing an action by an individual shall be tolled during the period that the Secretary is considering a complaint pursuant to subsection (b)(1). (3) Commencement.--In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the Secretary files a complaint in a court of competent jurisdiction. (d) Action for Injunction by Secretary.--The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary-- (1) to restrain violations of section 4; and (2) to award such other equitable relief as may be appropriate, including employment and monetary damages. (e) Solicitor of Labor.--The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section.

Fair Employment Opportunity Act of 2011 - Declares it an unlawful practice for certain employers with at least 15 employees for each working day in each of at least 20 calendar weeks in the current or preceding calendar year to: (1) refuse to consider or offer employment to an individual based on present or past unemployment regardless of the length of time such individual was unemployed; (2) publish an advertisement or announcement for any job with provisions indicating that such an unemployed status disqualifies an individual and that an employer will not consider an applicant based on such status; and (3) direct or request that an employment agency account for such status when screening or referring applicants. Prohibits an employment agency (including agents and persons maintaining a website publishing job advertisements or announcements), based on such an individual's status as unemployed, from: (1) refusing to consider or refer an individual for employment; (2) limiting, segregating, or classifying individuals in any manner limiting access to job information; or (3) publishing an advertisement or announcement for any job vacancy that includes provisions indicating that such an individual is disqualified and that an employer will not consider such individuals. Allows consideration of an individual's status as unemployed where an individual's employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job being filled. Authorizes, subject to termination upon the filing of certain complaints by the Secretary of Labor, one or more persons for and in behalf of the affected individual, or the affected individual and other individuals similarly situated, to bring actions in federal or state court for specified actual damages and equitable relief including employment and compensatory and punitive damages. Directs the Secretary to: (1) receive, investigate, and attempt to resolve complaints according to specified provisions of the Fair Labor Standards Act of 1938; and (2) pay directly to each affected individual applicable sums recovered in any civil actions brought by the Secretary under this Act. Sets forth a two-year statute of limitations period (three years for willful violations) for specified civil actions under this Act, subject to tolling when the Secretary is considering certain complaints.

To prohibit discrimination in employment on the basis of an individual's status or history of unemployment.

SECTION 1. TRAUMATIC BRAIN INJURY CENTERS. (a) Establishment.--Subchapter II of chapter 73 of title 38, United States Code, is amended by inserting after section 7320 the following new section: ``Sec. 7320A. Centers for traumatic brain injury research, education, and clinical activities ``(a) Purpose.--The purpose of this section is to provide for the improvement of the provision of health care to eligible veterans with traumatic brain injuries through-- ``(1) the conduct of research (including research on improving facilities of the Department concentrating on traumatic brain injury care and on improving the delivery of traumatic brain injury care by the Department); ``(2) the education and training of health care personnel of the Department; and ``(3) the development of improved models and systems for the furnishing of traumatic brain injury care by the Department. ``(b) Establishment of Centers.--(1) The Secretary shall establish and operate centers for traumatic brain injury research, education, and clinical activities. Such centers shall be established and operated by collaborating Department facilities as provided in subsection (c)(1). Each such center shall function as a center for-- ``(A) research on traumatic brain injury; ``(B) the use by the Department of specific models for furnishing traumatic brain injury care; ``(C) education and training of health-care professionals of the Department; and ``(D) the development and implementation of innovative clinical activities and systems of care with respect to the delivery of traumatic brain injury care by the Department. ``(2) The Secretary shall, upon the recommendation of the Under Secretary for Health, designate the centers under this section. In making such designations, the Secretary shall ensure that the centers designated are located in various geographic regions of the United States. The Secretary may designate a center under this section only if-- ``(A) the proposal submitted for the designation of the center meets the requirements of subsection (c); ``(B) the Secretary makes the finding described in subsection (d); and ``(C) the peer review panel established under subsection (e) makes the determination specified in subsection (e)(3) with respect to that proposal. ``(3) Not more than five centers may be designated under this section. ``(4) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose. ``(c) Proposals for Designation of Centers.--A proposal submitted for the designation of a center under this section shall-- ``(1) provide for close collaboration in the establishment and operation of the center, and for the provision of care and the conduct of research and education at the center, by a Department facility or facilities in the same geographic area which have a mission centered on traumatic brain injury care and a Department facility in that area which has a mission of providing tertiary medical care; ``(2) provide that no less than 50 percent of the funds appropriated for the center for support of clinical care, research, and education will be provided to the collaborating facility or facilities that have a mission centered on traumatic brain injury care; and ``(3) provide for a governance arrangement between the collaborating Department facilities which ensures that the center will be established and operated in a manner aimed at improving the quality of traumatic brain injury care at the collaborating facility or facilities which have a mission centered on traumatic brain injury care. ``(d) Finding of Secretary.--The finding referred to in subsection (b)(2)(B) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendation of the Under Secretary for Health, that the facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following: ``(1) An arrangement with an accredited medical school that provides education and training in traumatic brain injury care and with which one or more of the participating Department facilities is affiliated under which medical residents receive education and training in traumatic brain injury care through regular rotation through the participating Department facilities so as to provide such residents with training in the diagnosis and treatment of traumatic brain injury. ``(2) An arrangement under which nursing, social work, counseling, or allied health personnel receive training and education in traumatic brain injury care through regular rotation through the participating Department facilities. ``(3) The ability to attract scientists who have demonstrated achievement in research-- ``(A) into the evaluation of innovative approaches to the design of traumatic brain injury care; or ``(B) into the causes, prevention, and treatment of traumatic brain injury. ``(4) The capability to evaluate effectively the activities of the center, including activities relating to the evaluation of specific efforts to improve the quality and effectiveness of traumatic brain injury care provided by the Department at or through individual facilities. ``(e) Peer Review Panel.--(1) In order to provide advice to assist the Secretary and the Under Secretary for Health to carry out their responsibilities under this section, the official within the central office of the Veterans Health Administration responsible for traumatic brain injury care shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of centers under this section. ``(2) The panel shall consist of experts in the fields of traumatic brain injury research, education and training, and clinical care. Members of the panel shall serve as consultants to the Department. ``(3) The panel shall review each proposal submitted to the panel by the official referred to in paragraph (1) and shall submit to that official its views on the relative scientific and clinical merit of each such proposal. The panel shall specifically determine with respect to each such proposal whether that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit. ``(4) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(f) Award of Funding.--Clinical and scientific investigation activities at each center established under this section-- ``(1) may compete for the award of funding from amounts appropriated for the Department of Veterans Affairs medical and prosthetics research account; and ``(2) shall receive priority in the award of funding from such account insofar as funds are awarded to projects and activities relating to traumatic brain injury. ``(g) Dissemination of Useful Information.--The Under Secretary for Health shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. Such dissemination shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding. ``(h) Supervision of Centers.--The official within the central office of the Veterans Health Administration responsible for traumatic brain injury care shall be responsible for supervising the operation of the centers established pursuant to this section and shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section. ``(i) Authorization of Appropriations.--(1) There are authorized to be appropriated to the Department of Veterans Affairs for the basic support of the research and education and training activities of centers established pursuant to this section such sums as may be necessary. ``(2) In addition to funds appropriated for a fiscal year pursuant to the authorization of appropriations in paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department of Veterans Affairs medical services account and the Department of Veterans Affairs medical and prosthetics research account such amounts as the Under Secretary for Health determines appropriate to carry out the purposes of this section. ``(j) Annual Reports.--Not later than February 1 of each year the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the status and activities of the centers for traumatic brain injury research, education, and clinical activities during the preceding fiscal year. Each such report shall include the following: ``(1) A description of the activities carried out at each center and the funding provided by the Department for such activities. ``(2) A description of the advances made at each of the participating facilities of the center in research, education and training, and clinical activities relating to traumatic brain injury care and treatment. ``(3) A description of the actions taken by the Under Secretary for Health pursuant to subsection (g) to disseminate information derived from such activities throughout the Veterans Health Administration. ``(4) The evaluation of the Secretary as to the effectiveness of the centers in fulfilling the purposes of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7320 the following new item: ``7320A. Centers for traumatic brain injury research, education, and clinical activities.''.

Directs the Secretary of Veterans Affairs to: (1) establish and operate centers for traumatic brain injury (TBI) research, education, and clinical activities; (2) ensure the geographic distribution of such centers; and (3) designate no more than five centers. Requires the: (1) official within the Veterans Health Administration (VHA) responsible for TBI care to establish a peer review panel to assess the scientific and clinical merit of proposals submitted for the designation of such centers; and (2) Under Secretary of Health to ensure the dissemination throughout the VHA of information produced through the research, education, and clinical activities of the centers.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish traumatic brain injury centers.

SECTION 1. CONVERSION OF MULTIFAMILY TRANSITIONAL HOUSING LOAN PROGRAM TO LOAN ISSUANCE PROGRAM. (a) Authority To Issue Loans.-- (1) In general.--Section 2051 of title 38, United States Code, is amended-- (A) in subsection (a)-- (i) by striking ``The'' and inserting ``(1) The''; and (ii) by adding at the end the following new paragraph: ``(2) The Secretary shall, utilizing funds available in the Multifamily Transitional Housing Loan Program Revolving Fund under section 2055 of this title, issue not less than five loans that meet the requirements of this subchapter.''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``under subsection (a)'' and inserting ``under subsection (a)(1)''; (ii) in paragraph (2), by striking ``under subsection (a)'' and inserting ``under subsection (a)(1)''; and (iii) in paragraph (3), by inserting ``or issued'' after ``guaranteed''; (C) in subsection (c), by inserting ``or issued'' after ``guaranteed''; and (D) in subsection (g), by inserting ``or issued'' after ``guaranteed''. (2) Authority to delegate approval authority.--Subsection (c) of such section, as amended by paragraph (1)(C) of this subsection, is amended-- (A) by striking ``A loan'' and inserting ``(1) A loan''; and (B) by adding at the end the following new paragraph: ``(2) The Secretary may delegate approval under paragraph (1) to a State or local government entity.''. (3) Sunset of authority to issue loan guarantees.--Such section is further amended by adding at the end the following new subsection: ``(h) The Secretary may not guarantee under subsection (a)(1) any loan that is closed after the date of the enactment of this subsection. The termination by this subsection of the authority to guarantee loans under this subsection shall not affect the validity of any loan guaranteed under this subchapter before the date of the enactment of this subsection and is in force on that date.''. (4) Conforming amendments.-- (A) Section 2052(d) of such title is amended by inserting ``or issue'' after ``whether to guarantee''. (B) Section 2053(a) of such title is amended by inserting ``or issued'' after ``is guaranteed''. (C) Section 2054(a) of such title is amended-- (i) in the first sentenced, by inserting ``or issued'' after ``guaranteed''; and (ii) in the last sentence, by inserting ``or loan'' after ``guarantee''. (5) Clerical amendments.-- (A) The heading of subchapter VI of chapter 20 of such title is amended by striking ``LOAN GUARANTEE FOR''. (B) The table of sections at the beginning of such chapter is amended by striking the item relating to subchapter VI and inserting the following new item: ``subchapter vi--multifamily transitional housing''. (b) Multifamily Transitional Housing Loan Program Revolving Fund.-- (1) In general.--Subchapter VI of chapter 20 of such title is amended by adding at the end the following new section: ``Sec. 2055. Multifamily Transitional Housing Loan Program Revolving Fund ``(a) Establishment.--There is established in the Treasury of the United States a revolving fund known as the `Department of Veterans Affairs Multifamily Transitional Housing Loan Program Revolving Fund' (in this section referred to as the `Fund'). ``(b) Elements.--There shall be deposited in the Fund the following, which shall constitute the assets of the Fund: ``(1) Amounts paid into the Fund under any provision of law or regulation established by the Secretary imposing fees on persons or entities issued a loan under this subchapter. ``(2) All other amounts received by the Secretary incident to operations relating to the issuance of loans under this subchapter, including-- ``(A) collections of principal and interest on loans issued by the Secretary under this subchapter; ``(B) proceeds from the sale, rental, use, or other disposition of property acquired under this subchapter; and ``(C) penalties collected pursuant to this subchapter. ``(3) Amounts appropriated or otherwise made available before the date of the enactment of this section for purposes of activities under this subchapter, including amounts appropriated for such purposes under title I of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (Public Law 106- 74; 113 Stat. 1049). ``(c) Use of Funds.--The Fund shall be available to the Secretary, without fiscal year limitation, for all operations relating to the issuance of loans under this subchapter, consistent with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2054 the following new item: ``2055. Multifamily Transitional Housing Loan Program Revolving Fund.''. (c) Clarification of Authority To Determine Terms and Conditions of Loans.--Subsection (a)(6) of section 2052 of such title is amended by inserting ``including with respect to forbearance, deferral, and loan forgiveness,'' after ``determines are reasonable,''. (d) Clarification of Types of Spaces That May Be Included in Covered Multifamily Transitional Housing Projects.--Subsection (c)(1) of such section 2052 is amended by striking ``or job training programs'' and inserting ``job training programs, other types of residential units, or other uses that the Secretary considers necessary for the sustainability of the project''. (e) Loan Defaults.--Section 2053 of such title is amended by adding at the end the following new subsection: ``(c) The Secretary may impose such penalties or require such collateral as the Secretary considers necessary-- ``(1) to discourage default on a loan issued under this subchapter; or ``(2) to mitigate harm to the Department from default on a loan issued under this subchapter. ``(d) The Secretary shall administer any property coming under the jurisdiction of the Secretary by reason of default on a loan issued or guaranteed under this subchapter in accordance with regulations prescribed by the Secretary for that purpose. Such administration of property may include selling, renting, or otherwise disposing of property as the Secretary considers appropriate.''. (f) Preferential Treatment of Veterans.-- (1) In general.--Subchapter VI of chapter 20 of such title, as amended by subsection (b), is further amended by adding at the end the following new section: ``Sec. 2056. Preferential treatment of veterans ``No provision of Federal or State law may prohibit a multifamily transitional housing project described in section 2052(b) of this title from offering preferential treatment to veterans.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter, as amended by subsection (b), is further amended by adding at the end the following new item: ``2056. Preferential treatment of veterans.''. (g) Technical Corrections.--Section 2052 of such title is amended-- (1) in subsection (b)(2), by striking ``counselling'' both places it appears and inserting ``counseling''; and (2) in subsection (d)(2), by striking ``, as assessed under section 107 of Public Law 102-405''.

Revises the Department of Veterans Affairs (VA) multifamily transitional housing loan program (program) to require the Secretary of Veterans Affairs to issue at least five loans for the construction, rehabilitation, or acquisition of land for multifamily transitional housing projects. Authorizes the Secretary to delegate loan approval authority to a state or local government entity. Terminates, as of the date of enactment of this Act, the Secretary's authority under the program to guarantee loans for such purposes. Establishes the Department of Veterans Affairs Multifamily Transitional Housing Loan Program Revolving Fund to fund such loans. Prohibits any federal or state law from prohibiting a program project offering preferential treatment to veterans.

A bill to amend title 38, United States Code, to improve the multifamily transitional housing loan program of the Department of Veterans Affairs by requiring the Secretary of Veterans Affairs to issue loans for the construction of, rehabilitation of, or acquisition of land for multifamily transitional housing projects instead of guaranteeing loans for such purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Information Protection Act of 2017''. SEC. 2. SECURITY FREEZES ON CONSUMER REPORTS. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended by adding at the end the following: ``(i) Security Freezes.-- ``(1) In general.--A consumer reporting agency described in section 603(p) shall provide to a consumer, upon request, a security freeze on the consumer report of such consumer after a breach of data security at such a consumer reporting agency. ``(2) Types of security freezes.--A consumer reporting agency shall-- ``(A) place a security freeze on a consumer report without a fee to any consumer; and ``(B) with respect to a consumer that has been specifically notified by the consumer reporting agency that the consumer was affected by the breach of data security, place or remove an unlimited amount of security freezes, upon request, without a fee. ``(3) Definitions.--In this subsection: ``(A) Breach of data security.-- ``(i) In general.--The term `breach of data security' means the unauthorized acquisition of sensitive financial account information or sensitive personal information. ``(ii) Exception for data that is not in usable form.--The term `breach of data security' does not include the unauthorized acquisition of sensitive financial account information or sensitive personal information that is encrypted, redacted, or otherwise protected by another method that renders the information unreadable and unusable if the encryption, redaction, or protection process or key is not also acquired without authorization. ``(B) Security freeze.--The term `security freeze' means a notice placed in a consumer report, at the request of a consumer, that prohibits the credit reporting agency from releasing the consumer report or any information in the consumer report without the express authorization of the consumer. ``(C) Sensitive financial account information.--The term `sensitive financial account information' means a financial account number relating to a consumer, including a credit card number or debit card number, in combination with any security code, access code, password, or other personal identification information required to access the financial account. ``(D) Sensitive personal information.-- ``(i) In general.--The term `sensitive personal information' includes-- ``(I) a Social Security number; and ``(II) the first and last name of a consumer in combination with-- ``(aa) the consumer's driver's license number, passport number, military identification number, or other similar number issued on a government document used to verify identity; ``(bb) information that could be used to access a consumer's account, such as a user name and password or e- mail and password; or ``(cc) biometric data of the consumer used to gain access to financial accounts of the consumer. ``(ii) Exception.--The term `sensitive personal information' does not include publicly available information that is lawfully made available to the general public and obtained from-- ``(I) Federal, State, or local government records; or ``(II) widely distributed media.''.

Credit Information Protection Act of 2017 This bill amends the Fair Credit Reporting Act to require, after a data security breach, a consumer reporting agency to provide a security freeze to a consumer upon request. (A security freeze prohibits the consumer reporting agency from releasing a report without the consumer's express authorization.) The consumer reporting agency must, without a fee: (1) place a freeze on any consumer's report, and (2) provide unlimited security freezes and freeze removals to a consumer affected by the breach.

Credit Information Protection Act of 2017

SECTION 1. TRANSFER BY REGISTERED PIPELINE OR VESSEL REQUIRED FOR FUEL TAX EXEMPTION OF BULK TRANSFERS TO REGISTERED TERMINALS OR REFINERIES. (a) In General.--Section 4081(a)(1)(B) of the Internal Revenue Code of 1986 (relating to exemption for bulk transfers to registered terminals or refineries) is amended-- (1) by inserting ``by pipeline or vessel'' after ``transferred in bulk'', and (2) by inserting ``, the operator of the pipeline or vessel,'' after ``the taxable fuel''. (b) Civil Penalty for Carrying Taxable Fuels by Nonregistered Pipelines or Vessels.-- (1) In general.--Part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986 (relating to assessable penalties) is amended by adding at the end the following new section: ``SEC. 6717. CARRYING TAXABLE FUELS BY NONREGISTERED PIPELINES OR VESSELS. ``(a) Imposition of Penalty.--If any taxable fuel (as defined in section 4083(a)(1)) is willfully carried by pipeline or vessel the operator of which is not registered under section 4101, then such operator shall pay a penalty in addition to the tax (if any). ``(b) Amount of Penalty.-- ``(1) In general.--Except as provided in paragraph (2), the amount of the penalty under subsection (a) on each act shall be $10,000. ``(2) Multiple violations.--In determining the penalty under subsection (a) on any person, paragraph (1) shall be applied by increasing the amount in paragraph (1) by the product of such amount and the number of prior penalties (if any) imposed by this section on such person (or a related person or any predecessor of such person or related person). ``(c) Joint and Several Liability.-- ``(1) In general.--If a penalty is imposed under this section on any business entity, each officer, employee, or agent of such entity or other contracting party who willfully participated in any act giving rise to such penalty shall be jointly and severally liable with such entity for such penalty. ``(2) Affiliated groups.--If a business entity described in paragraph (1) is part of an affiliated group (as defined in section 1504(a)), the parent corporation of such entity shall be jointly and severally liable with such entity for the penalty imposed under this section.''. (2) Clerical amendment.--The table of sections for part II of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6717. Carrying taxable fuels by nonregistered pipelines or vessels.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2003. SEC. 2. RETURNS FILED ELECTRONICALLY. (a) In General.--Section 4083 of the Internal Revenue Code of 1986 (relating to definitions; special rule; administrative authority) is amended by adding at the end the following new subsection: ``(d) Returns Required To Be Filed Electronically.-- ``(1) Fuel.--Any registered operator of a terminal, refinery, pipeline, or vessel, or any registered dealer in aviation fuel, having more than 25 transactions in a month shall file by electronic format any return required by the Secretary for the tracking of fuel. ``(2) Vehicles.--Any person required to file a return under section 4481 having at least 25 vehicles shall file such return by electronic format.''. (b) Format for Filing.--The Secretary of the Treasury shall describe the electronic format for filing-- (1) in the case of returns described in section 4083(d)(1) of the Internal Revenue Code of 1986 (as added by subsection (a)), not later than 30 days after the date of the enactment of this Act, and (2) in the case of returns described in section 4083(d)(2) of such Code (as so added), not later than 90 days after such date. (c) Effective Date.--The amendment made by this section shall apply to returns due after the date the Secretary of the Treasury describes the format for filing under subsection (b). SEC. 3. TAX ON SALE OF DIESEL FUEL WHETHER SUITABLE FOR USE OR NOT IN A DIESEL-POWERED VEHICLE OR TRAIN. (a) In General.--Section 4083(a)(3) of the Internal Revenue Code of 1986 (defining diesel fuel) is amended by adding at the end the following new sentence: ``For purposes of section 4081(a)(1)(A)(iv), such term includes any liquid (other than gasoline) sold or offered for sale whether or not such fuel is suitable for such use.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. CIVIL PENALTY FOR REFUSAL OF ENTRY. (a) In General.--Part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986 (relating to assessable penalties), as amended by this Act, is amended by adding at the end the following new section: ``SEC. 6718. REFUSAL OF ENTRY. ``In addition to any criminal penalty provided by law, in the case of any person with the intent to transport and distribute untaxed, adulterated fuel mixtures or to transport and distribute dyed diesel for taxable use, if such person refuses to admit entry or refuses to permit any other action by the Secretary authorized by section 4083(c)(1), then such person shall pay a penalty of $1,000 for such refusal.''. (b) Conforming Amendments.-- (1) Section 4083(c)(3) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``entry.--The penalty'' and inserting: ``entry.-- ``(A) Forfeiture.--The penalty'', and (B) by adding at the end the following new subparagraph: ``(B) Civil penalty.--For a civil penalty for the refusal to admit entry or other refusal to permit an action by the Secretary authorized by paragraph (1), see section 6718.''. (2) The table of sections for part II of subchapter B of chapter 68 of such Code, as amended by this Act, is amended by adding at the end the following new item: ``Sec. 6718. Refusal of entry.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2003. SEC. 5. DISPLAY OF REGISTRATION. (a) In General.--Section 4101 of the Internal Revenue Code of 1986 (relating to registration and bond) is amended by adding at the end the following new subsection: ``(e) Display of Registration.--Every person required by the Secretary to register under this section with respect to tax imposed by section 4041(a)(1), 4081, or 4091 shall receive and display proof of registration on vessels used in transporting fuel.''. (b) Effective Date.--The amendments made by this section shall take effect on January 1, 2003. SEC. 6. UNTAXED ADULTERATED FUEL MIXTURES TREATED AS DYED FUELS UNDER PENALTY PROVISION. (a) In General.--Section 6715(c)(1) of the Internal Revenue Code of 1986 (defining dyed fuel) is amended by inserting ``, any dyed diesel fuel or kerosene which has been chemically altered in an attempt to remove the dye, or any other adulterated fuel mixture not previously taxed'' after ``section 4082''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 7. TAX AT POINT OF ENTRY WHERE IMPORTER NOT REGISTERED. (a) In General.--Section 4081(a)(1) of the Internal Revenue Code of 1986 (relating to tax on entry, removal, or sale) is amended by adding at the end the following new subparagraph: ``(C) Tax at entry where importer not registered.-- ``(i) In general.--For purposes of subparagraph (A)(iii), if the person entering the taxable fuel is not registered under section 4101, the imposition of the tax is at the time and point of entry. ``(ii) Jeopardy assessment.--The collection of any tax imposed on fuel described in clause (i) shall be deemed to be in jeopardy and the Secretary shall make an immediate assessment under section 6862. ``(iii) Enforcement of assessment.--The fuel described in clause (i) and the vehicle or vessel in which such fuel was transported shall be detained for the period ending with-- ``(I) the filing of a bond by the importer of record under section 6863(a), or ``(II) if such a bond is not filed within the 5-day period beginning with such detaining, the sale of such fuel as provided under section 6336.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 8. MODIFICATIONS OF TAX ON USE OF CERTAIN VEHICLES. (a) Increase in Rate of Tax.--The table contained in section 4481(a) of the Internal Revenue Code of 1986 (relating to imposition of tax) is amended by striking ``$550'' and inserting ``$600''. (b) No Proration of Tax Unless Vehicle is Destroyed or Stolen.-- (1) In general.--Section 4481(c) of the Internal Revenue Code of 1986 (relating to proration of tax) is amended to read as follows: ``(c) Proration of Tax Where Vehicle Destroyed or Stolen.-- ``(1) In general.--If in any taxable period a highway motor vehicle is destroyed or stolen before the first day of the last month in such period and not subsequently used during such taxable period, the tax shall be reckoned proportionately from the first day of the month in such period in which the first use of such highway motor vehicle occurs to and including the last day of the month in which such highway motor vehicle was destroyed or stolen. ``(2) Destroyed.--For purposes of paragraph (1), a highway motor vehicle is destroyed if such vehicle is damaged by reason of an accident or other casualty to such an extent that it is not economic to rebuild.''. (2) Display of tax certificate.--Paragraph (2) of section 4481(d) of such Code (relating to one tax liability for period) is amended to read as follows: ``(2) Display of tax certificate.--Every person, agency, or instrumentality which pays the tax imposed under this section with respect to a highway motor vehicle shall, not later than October 1 with respect to each taxable period, receive and display on such vehicle a proof of payment decal.''. (3) Conforming amendments.-- (A) Section 6156 of such Code (relating to installment payment of tax on use of highway motor vehicles) is repealed. (B) The table of sections for subchapter A of chapter 62 of such Code is amended by striking the item relating to section 6156. (c) Effective Date.--The amendments made by this section shall apply to taxable periods beginning after the date of the enactment of this Act. SEC. 9. ADDITIONAL RULES REGARDING INSPECTIONS OF RECORDS. (a) Provision of Copies of Records.--Section 4102 of the Internal Revenue Code of 1986 (relating to inspection of records by local officers) is amended by inserting ``, and copies shall be furnished upon request of,'' after ``inspection by''. (b) Inspection by Other Enforcement Agencies.--Section 4102 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by inserting ``, and information on returns required to be filed with respect to taxes under section 4481 shall be open to inspection by officers of any State agency charged with the registration and licensing of vehicles described in such section and officers of any other Federal or State agency charged with the enforcement of Federal or State law regarding motor fuels or criminal activities regarding motor fuels'' after ``section 4083)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 10. AUTHORITY TO INSPECT ON-SITE RECORDS. (a) In General.--Section 4083(c)(1)(A) of the Internal Revenue Code of 1986 (relating to administrative authority) is amended by striking ``and'' at the end of clause (i) and by inserting after clause (ii) the following new clause: ``(iii) inspecting any books and records to determine the names and addresses of the persons selling or purchasing such fuel, and''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 11. PROHIBITION OF ADMINISTRATIVE REVIEW OF PENALTY FOR TAXABLE USE OF DYED DIESEL FUEL. (a) In General.--Section 6406 of the Internal Revenue Code of 1986 (relating to prohibition of administrative review of decisions) is amended-- (1) by striking ``In the absence'' and inserting ``(a) In General.--In the absence'', and (2) by adding at the end the following new subsection: ``(b) Penalty Decision Regarding Taxable Use of Dyed Diesel Fuel.-- In the absence of fraud or mistake in chemical analysis or mathematical calculation, if the findings of fact by chemical analysis show the presence of dye in diesel fuel being used on the highway, the assertion of the penalty under section 6715 shall not be subject to appeal to or review by any other administrative or accounting officer, employee, or agent of the United States.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to address issues concerning the fuel excise tax.Requires that fuel be transferred by registered pipeline or vessel to qualify for the fuel tax exemption of bulk transfers to registered terminals or refineries. Imposes civil penalties for the carrying of taxable fuels by nonregistered pipelines.Requires registered operators and dealers in aviation fuel to file electronically for fuel tracking purposes.Requires that the tax imposed on the sale of diesel fuel be imposed whether or not the fuel is suitable for use in a diesel-powered vehicle or train.Imposes a civil penalty for each refusal of entry (inspection) relating to the transport and distribution of untaxed adulterated fuel mixtures or dyed diesel for taxable use.States that any person required to be registered for the sale of fuels must display that registration.Requires that the fuel tax be imposed at the point of entry when the importer is not registered.Increases the tax on vehicles at or above a taxable gross weight of 55,000 pounds, permitting proration of the tax only as specified. Requires information on returns concerning such vehicles to be available as necessary for law enforcement purposes.Requires copies of records to be furnished to inspectors, upon request.Permits the inspection of books and records to determine who is selling or purchasing taxable fuel.Prohibits administrative review of any penalty imposed for taxable use of dyed diesel fuel used on the highway, absent proof of fraud or mistake in chemical analysis or mathematical calculation.

A bill to amend the Internal Revenue Code of 1986 to combat fuel excise tax fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Buildings Act of 2013''. SEC. 2. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: ``SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. ``(a) Definitions.--In this section: ``(1) High-performance energy efficiency measure.--The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. ``(2) Separate spaces.--The term `separate spaces' means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. ``(b) Study.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of-- ``(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and ``(B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. ``(2) Scope.--The study shall, at a minimum, include-- ``(A) descriptions of-- ``(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; ``(ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; ``(iii) standards and best practices to achieve appropriate energy intensities for lighting, plug loads, pipe loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; ``(iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high- performance energy efficiency measures, including consideration of tax and other available incentives; ``(v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; ``(vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether the measures generate the savings intended in the initial design and construction of the separate spaces; ``(vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and ``(viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and ``(B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. ``(3) Public participation.--Not later than 90 days after the date of enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high- performance energy efficiency measures. ``(4) Publication.--The Secretary shall publish the study on the website of the Department of Energy.''. SEC. 3. TENANT STAR PROGRAM. Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 2) is amended by adding at the end the following: ``SEC. 425. TENANT STAR PROGRAM. ``(a) Definitions.--In this section: ``(1) High-performance energy efficiency measure.--The term `high-performance energy efficiency measure' has the meaning given the term in section 424. ``(2) Separate spaces.--The term `separate spaces' has the meaning given the term in section 424. ``(b) Tenant Star.--The Administrator of the Environmental Protection Agency and the Secretary shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. ``(c) Agreements.--Responsibilities under the program developed under subsection (b) shall be divided between the Secretary and the Administrator of the Environmental Protection Agency in accordance with the terms of applicable agreements between the Secretary and the Administrator. ``(d) Expanding Survey Data.--The Secretary, acting through the Administrator of the Energy Information Administration, shall-- ``(1) collect, through each Commercial Building Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on-- ``(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by law firms, data centers, trading floors, restaurants, retail outlets, and financial services firms; and ``(B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; and ``(2) make data collected under paragraph (1) available to the public in aggregated form and provide the data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (e). ``(e) Recognition of Owners and Tenants.-- ``(1) Occupancy-based recognition.--Not later than 1 year after the date on which the data described in subsection (d) is received, the Secretary and the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment-- ``(A) in a manner similar to the Energy Star rating system for commercial buildings, develop voluntary policies and procedures to recognize tenants that voluntarily achieve high levels of energy efficiency in separate spaces; ``(B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (d)(1) and any associated results; and ``(C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. ``(2) Design- and construction-based recognition.--After the study required under section 424(b) is completed and following an opportunity for public notice and comment, the Administrator of the Environmental Protection and the Secretary may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. ``(f) Effect on Climate Change.--For purposes of this section, the impact on climate change shall not be a factor in determining the energy efficiency of commercial building tenants.''.

Better Buildings Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require the Department of Energy's (DOE) Assistant Secretary of Energy Efficiency and Renewable Energy to study the feasibility of: (1) significantly improving energy efficiency in commercial buildings through the design and construction of separate spaces with high-performance energy efficiency measures, and (2) encouraging owners and tenants to implement such measures in separate spaces. Requires the Secretary to publish such study on DOE's website. Requires the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Energy to develop a voluntary Tenant Star program within the Energy Star program to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces. Requires DOE's Administrator of the Energy Information Administration to collect data on categories of building occupancy that consume significant quantities of energy and on other aspects of the property, building operation, or building occupancy determined to be relevant to lowering energy consumption. Prohibits the impact on climate change from being a factor in determining energy efficiency of commercial building tenants.

Better Buildings Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drinking Water Estrogenic Substances Screening Program Act''. SEC. 2. SAFE DRINKING WATER ACT; ESTABLISHMENT OF SCREENING PROGRAM FOR ESTROGENIC SUBSTANCES. Title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act) (42 U.S.C. 300f et seq.), as amended by Public Law 104-66, is amended in section 1442 by adding at the end the following subsection: ``(f) Screening Program.-- ``(1) Development.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall develop a screening program, using appropriate validated test systems, to determine whether certain substances may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen, or such other endocrine effect as the Administrator may designate. ``(2) Implementation.--Not later than 2 years after the date of enactment of this subsection, after obtaining review of the screening program described in paragraph (1) by the scientific advisory panel established under section 25(d) of the Act of June 25, 1947 (chapter 125), and the Science Advisory Board established by section 8 of the Environmental Research, Development, and Demonstration Act of 1978 (42 U.S.C. 4365), the Administrator shall implement the program. ``(3) Substances.--In carrying out the screening program described in paragraph (1), the Administrator shall provide for the testing of all active and inert ingredients used in products described in section 103(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603(e)), and may provide for the testing of any other substance if the Administrator determines that a widespread population may be exposed to the substance. ``(4) Exemption.--Notwithstanding paragraph (3), the Administrator may, by regulation, exempt from the requirements of this subsection a biologic substance or other substance if the Administrator determines that the substance does not have any effect in humans similar to an effect produced by a naturally occurring estrogen. ``(5) Collection of information.-- ``(A) In general.--The Administrator shall issue an order to a person that manufactures a substance for which testing is required under this subsection to conduct testing in accordance with the screening program described in paragraph (1), and submit information obtained from the testing to the Administrator, within a time period that the Administrator determines is sufficient for the generation of the information. ``(B) Failure to submit information.-- ``(i) Suspension.--If a person referred to in subparagraph (A) fails to submit the information required under such subparagraph within the time period established by the order, the Administrator shall issue a notice of intent to suspend the sale or distribution of the substance by the person. Any suspension proposed under this subparagraph shall become final at the end of the 30-day period beginning on the date that the person receives the notice of intent to suspend, unless during that period a person adversely affected by the notice requests a hearing or the Administrator determines that the person referred to in subparagraph (A) has complied fully with this paragraph. ``(ii) Hearing.--If a person requests a hearing under clause (i), the hearing shall be conducted in accordance with section 554 of title 5, United States Code. The only matter for resolution at the hearing shall be whether the person has failed to submit information required under this paragraph. A decision by the Administrator after completion of a hearing shall be considered to be a final agency action. ``(iii) Termination of suspensions.--The Administrator shall terminate a suspension under this subparagraph issued with respect to a person if the Administrator determines that the person has complied fully with this paragraph. ``(6) Agency action.--In the case of any substance that is found to have a potential adverse effect on humans as a result of testing and evaluation under this subsection, the Administrator shall take such action, including appropriate regulatory action by rule or by order under statutory authority available to the Administrator, as is necessary to ensure the protection of public health. ``(7) Report to congress.--Not later than 4 years after the date of enactment of this subsection, the Administrator shall prepare and submit to Congress a report containing-- ``(A) the findings of the Administrator resulting from the screening program described in paragraph (1); ``(B) recommendations for further testing and research needed to evaluate the impact on human health of the substances tested under the screening program; and ``(C) recommendations for any further actions (including any action described in paragraph (6)) that the Administrator determines are appropriate based on the findings.''.

Safe Drinking Water Estrogenic Substances Screening Program Act - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to develop and, under specified conditions, implement a screening program, using appropriate validated test systems, to determine whether certain substances (including all active and inert ingredients used in registered pesticides) may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen, or such other endocrine effect as the Administrator may designate. Allows the Administrator to exempt a biologic or other substance if the Administrator determines that the substance does not have any effect in humans similar to an effect produced by a naturally occurring estrogen. Requires the Administrator to order a manufacturer of a substance for which such testing is required to conduct such testing and submit results within a certain time period. Provides for suspension of the sale or distribution of the substance if the manufacturer fails to submit required information. Requires the Administrator to: (1) take such action as is necessary to ensure the protection of public health in the case of any substance that is found to have a potential adverse effect on humans; and (2) report findings and recommendations to the Congress.

Safe Drinking Water Estrogenic Substances Screening Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eurasia Foundation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) There has been established in the District of Columbia a private, nonprofit corporation known as the Eurasia Foundation (hereafter in this Act referred to as the ``Foundation''), which is not an agency or establishment of the United States Government. (2) In recognition of the valuable contributions of the Foundation to long-range United States foreign policy interests, the United States Government has, through the United States Agency for International Development and the Department of State, provided financial support for the Foundation. (3) It is in the interest of the United States, and the further strengthening of cooperation with the countries of Eurasia, to establish a more permanent mechanism for United States Government financial support for the ongoing activities of the Foundation, while preserving the independent character of the Foundation. (b) Purposes.--The purposes of the Foundation are to-- (1) promote civil society, private enterprise, and sound public administration and policy only in the countries of Eurasia and in lending encouragement and assistance to citizens of such countries in their own efforts to develop more open, just, and democratic societies; (2) strengthen indigenous institutions only in the countries of Eurasia in order to foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with and supportive of long-term United States interests with respect to the countries of Eurasia; and (3) conduct programs in response to initiatives in the countries of Eurasia that would be difficult or impossible for an official United States entity, and, as a result of its position in the countries of Eurasia, to respond quickly and flexibly to meet new opportunities. SEC. 3. GRANTS TO THE FOUNDATION. (a) Grants Required.-- (1) In general.--The Secretary of State shall award an annual grant to the Foundation to enable the Foundation to carry out the purposes described in section 2(b). (2) Additional requirements.--Each grant awarded under paragraph (1) shall-- (A) consist of funds specifically appropriated for grants to the Foundation; and (B) be contingent upon a grant agreement between the Secretary and the Foundation that requires the Foundation to-- (i) only use grant funds for activities that the Board of Directors of the Foundation determines are consistent with the purposes described in section 2(b); and (ii) otherwise comply with the requirements of this Act. (b) Rule of Construction.--Nothing in this Act may be construed to-- (1) make the Foundation an agency or establishment of the United States Government; or (2) make the members of the Board of Directors of the Foundation, or the officers or employees of the Foundation, officers or employees of the United States. (c) Oversight.--The Foundation and its grantees shall be subject to the appropriate oversight procedures of Congress. (d) Other Funding.--The Foundation may accept funding from non- United States Government sources to complement United States Government funding. (e) Sense of Congress.--It is the sense of Congress that-- (1) a Foundation, funded for fiscal year 2009 at the levels authorized under section 7, and at appropriate levels in subsequent fiscal years, can contribute significantly to the political, economic, and social development of democracy and human rights in the countries of Eurasia; (2) notwithstanding the Foundation's distinguished record of performance, organizations that seek competitive grants typically perform in a more transparent and effective manner; and (3) to the maximum extent possible, the Foundation should seek competitive grants to supplement appropriations from the United States Government, and at least 20 percent of the funding received in each fiscal year by the Foundation should be from non-United States Government sources to ensure continued strong performance of the Foundation. SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS. (a) Funding for Covered Programs Only.--The Foundation may provide funding only for programs that are consistent with the purposes set forth in section 2(b). (b) Compensation for Officers and Employees of the Foundation.--If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Foundation, that individual may not receive any compensation or travel expenses in connection with service performed for the Foundation. (c) Prohibition Respecting Financial Matters.--The Foundation shall not issue any shares of stock or declare or pay any dividends. No part of the assets of the Foundation shall inure to the benefit of any member of the Board of Directors of the Foundation, any officer or employee of the Foundation, or any other individual, except as salary or reasonable compensation for expenses incurred in the performance of duties to the Foundation. (d) Audit of Accounts; Reporting Requirements.-- (1) Audit of accounts.--The accounts of the Foundation shall be audited annually in accordance with chapter 75 of title 31, United States Code. (2) Reporting requirements.--The report of each such independent audit shall be included in the annual report required under subsection (g). The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Foundation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Foundation's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (e) Audit of Financial Transactions.-- (1) Audit of financial transactions.--The Government Accountability Office may audit the financial transactions of the Foundation for each fiscal year in accordance with such principles, procedures, rules, and regulations as may be prescribed by the Comptroller General of the United States. (2) Reporting requirements.--The Comptroller General of the United States shall simultaneously submit, to the President, the Foundation, and the appropriate congressional committees, a report regarding each audit described in paragraph (1) that contains-- (A) any comments and information as the Comptroller General determines to be necessary to inform the appropriate congressional committees of the financial operations and condition of the Foundation; and (B) any recommendations that the Comptroller General considers advisable. (f) Recordkeeping Requirements; Audit and Examination of Books.-- (1) Recordkeeping requirements.--The Foundation shall ensure that each recipient of financial assistance provided through the Foundation under this Act maintains such records as may be reasonably necessary to-- (A) fully disclose-- (i) the amount and the disposition by such recipient of the proceeds of such assistance; (ii) the total cost of the project or undertaking in connection with which such assistance is given or used; and (iii) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (B) facilitate an effective audit. (2) Audit and examination of books.--The Foundation shall ensure that the Foundation, any of its duly authorized representatives, the Comptroller General of the United States, and any duly authorized representative of the Comptroller General has access to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this Act for the purpose of audit and examination. (g) Annual Report; Testimony Relating to Report.-- (1) Annual report.-- (A) In general.--Not later than June 30 of each year, the Foundation shall submit an annual report for the preceding fiscal year to the President and to the appropriate congressional committees. (B) Contents.--The report submitted under subparagraph (A)-- (i) shall include a comprehensive, detailed report of the Foundation's operations, activities, financial condition, and accomplishments under this Act; (ii) should include any information regarding allegations or reports on the misuse of funds and how such allegations or reports were addressed by the Foundation; and (iii) may include such recommendations as the Foundation determines to be appropriate. (2) Testimony relating to report.--The Board members and officers of the Foundation shall be available to testify before appropriate committees of the Congress with respect to-- (A) the report required under paragraph (1); (B) the report of any audit made by the Comptroller General of the United States pursuant to subsection (e); or (C) any other matter requested by any such committee. (h) Grantee; Conflict of Interest.--A member of the Board of Directors of the Foundation who serves as a member of the board of directors or an officer of a grantee of the Foundation-- (1) may not receive compensation for services provided to the grantee; and (2) shall be entitled to reimbursement for travel and other expenses incurred by the member in connection with the member's other duties on behalf of such grantee. SEC. 5. AGREEMENT BETWEEN FOUNDATION AND SUCCESSOR OR RELATED ENTITY TO THE U.S. RUSSIA INVESTMENT FUND. (a) Agreement Required.--The Foundation and any successor or related entity to the U.S. Russia Investment Fund shall enter into a memorandum of understanding for the purpose of-- (1) coordinating activities carried out by the Foundation and the successor or related entity; and (2) ensuring that the activities of 1 entity do not duplicate the activities of the other entity. (b) Deadline.--The Foundation and the successor or related entity described in subsection (a) shall enter into the memorandum of understanding described in subsection (a) by not later than the later of-- (1) 90 days after the date of the enactment of this Act, if the successor or related entity is established on or before the date of the enactment of this Act; or (2) 90 days after the date on which the successor or related entity is established, if such entity is established after the date of the enactment of this Act. (c) Submission to Secretary of State and Congress.--Not later than 30 days after the date on which the parties enter into the memorandum of understanding described in subsection (a), the Foundation and the successor or related entity described in subsection (a) shall submit a copy of the memorandum of understanding described in subsection (a) to the Secretary of State and to the appropriate congressional committees. (d) Successor or Related Entity to the U.S. Russia Investment Fund Defined.--In this section, the terms ``successor or related entity to the U.S. Russia Investment Fund'' and ``successor or related entity'' mean any organization, corporation, limited-liability partnership, foundation, or other corporate structure that receives any or all of the remaining funds of the U.S. Russia Investment Fund after the liquidation of assets upon closure of the U.S. Russia Investment Fund. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Countries of eurasia.--The term ``countries of Eurasia'' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, the Kyrgyz Republic, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $15,000,000 for fiscal year 2009; and (2) such sums as may be necessary for fiscal year 2010. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriation under subsection (a) are authorized to remain available until the date that is 2 years after the last day of the fiscal year for which the amount was appropriated.

Eurasia Foundation Act - Directs the Secretary of State to make an annual grant to the Eurasia Foundation to: (1) promote civil society, private enterprise, and public administration and policy in the countries of Eurasia; (2) strengthen indigenous institutions that foster national development, social change, economic growth, and cooperative international relationships consistent with U.S. interests in Eurasia; and (3) conduct programs in the countries of Eurasia that would be difficult or impossible for an official U.S. entity. Sets forth provisions respecting: (1) grant eligibility; (2) audits; (3) recordkeeping; and (4) reports. Directs the Foundation and any successor or related entity to the U.S. Russia Investment Fund to enter into a memorandum of understanding to: (1) coordinate activities carried out by the Foundation and the successor or related entity; and (2) ensure that the activities of one entity do not duplicate the activities of the other entity. Authorizes FY2009-FY2010 appropriations.

A bill to authorize grants to the Eurasia Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burma Freedom and Democracy Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1962, Burma has been ruled by a military dictatorship. (2) As part of a crackdown against the Burmese pro- democracy movement, the State Law and Order Restoration Council (SLORC) was established by the military dictatorship in 1988. (3) On May 27, 1990 the people of Burma voted overwhelmingly in a free election for Daw Aung San Suu Kyi and the National League for Democracy (NLD). (4) Despite numerous pledges, the SLORC has failed to honor the results of the 1990 elections. (5) The United States has not sent an ambassador to Rangoon in protest of the failure of the SLORC to honor the 1990 elections and the continued human rights abuses suffered by the Burmese people. (6) In response to the massacre of thousands of Burmese participating in peaceful democratic demonstrations, Congress adopted a provision as part of the Customs and Trade Act of 1990 requiring the President to impose appropriate economic sanctions on Burma. (7) Currently the United States has suspended economic aid to Burma, placed an embargo on arms sales, denied GSP trade preferences, and decertified Burma as a narcotics cooperating country. (8) On April 30, 1994, the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), placed Burma on the list of international ``outlaw'' states that includes Libya, North Korea, and Iraq and which is set forth in section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), thus mandating that voluntary United States funding for any United Nations agency will be automatically reduced if the agency conducts programs in Burma. (9) On July 15, 1994 the Senate adopted Senate Resolution 234 calling on the Administration to encourage members of the Association of Southeast Asian Nations (ASEAN) to work with the United States to achieve the transfer of power to the winners of Burma's 1990 democratic election. (10) On July 10, 1995 after six years of unlawful detention, the SLORC released Nobel Peace Prize winner Daw Aung San Suu Kyi, the leader of the NLD. (11) Since the release of Daw Aung San Suu Kyi, SLORC has rejected her efforts to establish a timetable for dialogue and national reconciliation and has denied the NLD a meaningful role in a credible political process. SEC. 3. DECLARATION OF POLICY. Congress declares that it is the policy of the United States-- (1) to support actively the prompt transition from a military dictatorship to a democratic government in Burma; (2) to encourage the State Law and Order Restoration Committee to immediately and unconditionally release all political prisoners and allow them to participate in the political process; (3) to recognize the individuals who won the 1990 democratic election as the legitimate representatives of the Burmese people; and (4) to expand contact with the democratically elected leaders of Burma through the United States mission in Rangoon in order to facilitate the democratic process in Burma. SEC. 4. SANCTIONS. (a) Prohibition.--Until such time as the President determines and certifies to the appropriate congressional committees that an elected government of Burma has been allowed to take power-- (1) the sanctions described in subsection (b) shall be imposed on Burma; and (2) the appropriate Government officials may apply the sanctions described in subsection (c) against Burma. (b) Mandatory Sanctions.-- (1) Investment sanction.--United States nationals shall not make any investment in Burma. (2) United states assistance.--United States assistance for Burma is prohibited. (3) Multilateral assistance.--The Secretary of the Treasury shall instruct the United States executive director of each financial institution to vote against any loan or other utilization of the funds of the respective bank to or for Burma. (4) Admission to united states.--Except as required by treaty obligations, any Burmese national who formulates, implements, or benefits from policies which hinder the transition of Burma to a democratic country, and any member of the immediate family of such national, shall be ineligible to receive a visa and shall be excluded from admission into the United States. (c) Discretionary Sanctions.-- (1) Import sanctions.--The President is authorized to prohibit the importation into the United States of articles which are produced, manufactured, grown, or extracted in Burma. (2) Ban on travel to burma.--The Secretary of State may prohibit the use of United States passports for travel to Burma, except for travel by United States officials. (3) Diplomatic representation.--The President is urged not to accept diplomatic representation from Burma at a level greater than the level of diplomatic representation accorded the United States in Burma. (4) Contributions to international financial institutions.--The President is authorized to withhold from each international organization that funds activities in Burma other than humanitarian activities an amount equal to the United States proportionate share of that funding. SEC. 5. REPORT ON BURMESE LABOR PRACTICES. Not later than 90 days after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of State, shall submit a report to the appropriate congressional committees on-- (1) Burmese compliance with international labor standards including the use of forced labor, child labor, slave labor, and involuntary prison labor by the junta; (2) the degree to which foreign investment in Burma contributes to violations of fundamental worker rights; (3) labor practices in support of Burma's foreign tourist industry; and (4) efforts by the United States to end violations of fundamental labor rights in Burma. SEC. 6. DEFINITIONS. As used in this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (2) International financial institutions.--The term ``international financial institutions'' includes the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, and the International Monetary Fund. (3) Investment.--The term ``investment'' includes any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of-- (A) a loan or loans; (B) the purchase of a share of ownership; (C) participation in royalties, earnings, or profits; and (D) the furnishing of commodities or services pursuant to a lease or other contract. (4) United states assistance.--The term ``United States assistance'' means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government to any foreign country.

Burma Freedom and Democracy Act of 1995 - Imposes certain unilateral and multilateral economic sanctions against Burma until the President certifies to the appropriate congressional committees that an elected government of Burma has been allowed to take power. Requires the Secretary of Labor to report to the appropriate congressional committees on Burma's unfair labor practices.

Burma Freedom and Democracy Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Energy Commission Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) there has been a sharp increase in the price of gasoline, home heating oil, natural gas, and propane in the United States; (2) electricity prices are expected to continue to rise as a result of high natural gas prices, and certain regions have experienced price spikes in wholesale electricity costs; (3) price spikes undermine the ability of low-income families, the elderly, and small businesses (including agricultural producers) to afford essential energy services; (4) the Department of Energy has determined that the economy would be likely to perform better with stable or predictable energy prices; (5) price spikes can be caused by many factors, including insufficient inventories, supply disruptions, refinery capacity limits, insufficient infrastructure, possible over-regulation or under-regulation, flawed deregulation, excessive consumption, over-reliance on foreign supplies, insufficient research and development of alternative energy sources, opportunistic behavior by energy companies, and abuse of market power; (6) consumers and small businesses have few options other than to pay higher energy costs when prices spike; and (7) the impact of price spikes, and possible responses to price spikes, on consumers and small businesses should be examined. SEC. 3. CONSUMER ENERGY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Consumer Energy Commission''. (b) Membership.-- (1) In general.--The Commission shall be comprised of 11 members. (2) Appointments by the senate and house.--The majority leader and minority leader of the Senate and the majority leader and minority leader of the House of Representatives shall each appoint 2 members-- (A) 1 of whom shall represent consumer groups focusing on energy issues; and (B) 1 of whom shall represent the energy industry. (3) Appointments by the president.--The President shall appoint 1 member from each of-- (A) the Energy Information Administration of the Department of Energy; (B) the Federal Energy Regulatory Commission; and (C) the Federal Trade Commission. (4) Date of appointments.--The appointment of a member of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Term.--A member shall be appointed for the life of the Commission. (d) Initial Meeting.--Not later than 20 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (f) Information and Administrative Expenses.--The Federal agencies specified in subsection (b)(3) shall provide the Commission such information and such administrative expenses as the Commission requires to carry out this section. (g) Duties.-- (1) Study.-- (A) In general.--The Commission shall conduct a nationwide study of significant price spikes in major United States consumer energy products during the 10 years preceding the date of enactment of this Act. (B) Energy products.--The Commission shall study the prices of-- (i) electricity; (ii) gasoline; (iii) home heating oil; (iv) natural gas; and (v) propane. (C) Matters to be studied.--The study shall-- (i) focus on the causes of the price spikes, including insufficient inventories, supply disruptions, refinery capacity limits, insufficient infrastructure, possible over- regulation or under-regulation, flawed deregulation, excessive consumption, over- reliance on foreign supplies, insufficient research and development of alternative energy sources, opportunistic behavior by energy companies, and abuse of market power; and (ii) investigate market concentration, potential misuse of market power, and any other relevant market failures. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit to Congress a report that contains-- (A) a detailed statement of the findings and conclusions of the Commission; and (B) recommendations for legislation and administrative actions to protect consumers from future price spikes in consumer energy products.

Consumer Energy Commission Act of 2001 - Establishes the Consumer Energy Commission to conduct a nationwide study of significant price spikes in major U.S. consumer energy products during the ten years preceding the date of enactment of this Act, and report its findings to Congress.

A bill to establish a Consumer Energy Commission to assess and provide recommendations regarding recent energy price spikes from the perspective of consumers.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Biodiesel Renewable Fuels Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. CREDIT FOR BIODIESEL USED AS FUEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by inserting after section 40 the following new section: ``SEC. 40A. BIODIESEL USED AS FUEL. ``(a) General Rule.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the biodiesel mixture credit. ``(b) Definition of Biodiesel Mixture Credit.--For purposes of this section-- ``(1) Biodiesel mixture credit.-- ``(A) In general.--The biodiesel mixture credit of any taxpayer for any taxable year is the sum of the products of the biodiesel mixture rate for each blend of qualified biodiesel mixture and the number of gallons of the blend of the taxpayer for the taxable year. ``(B) Biodiesel mixture rate.--For purposes of subparagraph (A), the biodiesel mixture rate shall be-- ``(i) the applicable amount for a B-1 blend, ``(ii) 3.0 cents for a B-2 blend, and ``(iii) 20.0 cents for a B-20 blend. ``(C) Blends.--For purposes of this paragraph-- ``(i) B-1 blend.--The term `B-1 blend' means a qualified biodiesel mixture if at least 0.5 percent but less than 2.0 percent of the mixture is biodiesel. ``(ii) B-2 blend.--The term `B-2 blend' means a qualified biodiesel mixture if at least 2.0 percent but less than 20 percent of the mixture is biodiesel. ``(iii) B-20 blend.--The term `B-20 blend' means a qualified biodiesel mixture if at least 20 percent of the mixture is biodiesel. ``(D) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means, in the case of a B-1 blend, the amount equal to 1.5 cents multiplied by a fraction the numerator of which is the percentage of biodiesel in the B-1 blend and the denominator of which is 1 percent. ``(2) Qualified biodiesel mixture.-- ``(A) In general.--The term `qualified biodiesel mixture' means a mixture of diesel and biodiesel which-- ``(i) is sold by the taxpayer producing such mixture to any person for use as a fuel; or ``(ii) is used as a fuel by the taxpayer producing such mixture. ``(B) Sale or use must be in trade or business, etc.--Biodiesel used in the production of a qualified biodiesel mixture shall be taken into account-- ``(i) only if the sale or use described in subparagraph (A) is in a trade or business of the taxpayer; and ``(ii) for the taxable year in which such sale or use occurs. ``(C) Casual off-farm production not eligible.--No credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture. ``(c) Coordination With Exemption From Excise Tax.--The amount of the credit determined under this section with respect to any biodiesel shall, under regulations prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 4041(n) or section 4081(f). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Biodiesel defined.-- ``(A) In general.--The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived from vegetable oils for use in compressional-ignition (diesel) engines. Such term shall include esters derived from vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, and mustard seeds. ``(B) Registration requirements.--Such term shall only include a biodiesel which meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545). ``(2) Biodiesel mixture not used as a fuel, etc.-- ``(A) Imposition of tax.--If-- ``(i) any credit was determined under this section with respect to biodiesel used in the production of any qualified biodiesel mixture, and ``(ii) any person-- ``(I) separates the biodiesel from the mixture, or ``(II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the biodiesel mixture rate applicable under subsection (b)(1)(B) and the number of gallons of the mixture. ``(B) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) as if such tax were imposed by section 4081 and not by this chapter. ``(3) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(e) Election To Have Biodiesel Fuels Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(3) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.'' (b) Credit Treated as Part of General Business Credit.--Section 38(b) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the biodiesel fuels credit determined under section 40A.'' (c) Conforming Amendments.-- (1) Section 39(d) is amended by adding at the end the following: ``(11) No carryback of biodiesel fuels credit before january 1, 2003.--No portion of the unused business credit for any taxable year which is attributable to the biodiesel fuels credit determined under section 40A may be carried back to a taxable year beginning before January 1, 2003.'' (2) Section 196(c) is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10), and by adding at the end the following: ``(11) the biodiesel fuels credit determined under section 40A.'' (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding after the item relating to section 40 the following new item: ``Sec. 40A. Biodiesel used as fuel.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. REDUCTION OF MOTOR FUEL EXCISE TAXES ON BIODIESEL MIXTURES. (a) In General.--Section 4081 (relating to manufacturers tax on petroleum products) is amended by adding at the end the following new subsection: ``(f) Biodiesel Mixtures.--Under regulations prescribed by the Secretary-- ``(1) In general.--In the case of the removal or entry of a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the otherwise applicable rate reduced by the biodiesel mixture rate (if any) applicable to the mixture. ``(2) Tax prior to mixing.-- ``(A) In general.--In the case of the removal or entry of diesel fuel for use in producing at the time of such removal or entry a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the otherwise applicable rate, reduced by the amount determined under subparagraph (B). ``(B) Applicable reduction.--For purposes of subparagraph (A), the amount determined under this subparagraph is an amount equal to the biodiesel mixture rate for the qualified biodiesel mixture to be produced from the diesel fuel, divided by a percentage equal to 100 percent minus the percentage of biodiesel which will be in the mixture. ``(3) Definitions.--For purposes of this subsection, any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. ``(4) Certain rules to apply.--Rules similar to the rules of paragraphs (6) and (7) of subsection (c) shall apply for purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 4041 is amended by adding at the end the following new subsection: ``(n) Biodiesel Mixtures.--Under regulations prescribed by the Secretary, in the case of the sale or use of a qualified biodiesel mixture (as defined in section 40A(b)(2)), the rates under paragraphs (1) and (2) of subsection (a) shall be the otherwise applicable rates, reduced by any applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B)).''. (2) Section 6427 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if any diesel fuel on which tax was imposed by section 4081 at a rate not determined under section 4081(f) is used by any person in producing a qualified biodiesel mixture (as defined in section 40A(b)(2)) which is sold or used in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the per gallon applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B)) with respect to such fuel.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2002. SEC. 4. HIGHWAY TRUST FUND HELD HARMLESS. There are hereby transferred (from time to time) from the funds of the Commodity Credit Corporation amounts equivalent to the reductions that would occur (but for this section) in the receipts of the Highway Trust Fund by reason of the amendments made by this Act. Such transfers shall be made on the basis of estimates made by the Secretary of the Treasury and adjustments shall be made to subsequent transfers to reflect any errors in the estimates.

Biodiesel Renewable Fuels Act - Amends the Internal Revenue Code to: (1) allow a tax credit of between 3 and 20 cents per gallon for soy or specified vegetable based biodiesel fuel mixtures; and (2) make corresponding reductions to motor fuel excise taxes.

A bill to amend the Internal Revenue Code of 1986 to provide tax relief for farmers and the producers of biodiesel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers for the 21st Century Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The dawn of the 21st century will place increased demands upon our Nation's students that can only be met with the proper instruction from qualified, experienced, and well- trained teachers. The teachers of the 21st century must not only be well-versed in increasingly complex subject matters and technologies, but also highly trained in the best techniques to impart these skills to their students. (2) Teacher development resources are severely lacking in the majority of school districts across the Nation, leaving many teachers ill-prepared to meet the growing, modern challenges of educating children in the age of a global workforce. Spending less than 3 percent of their resources on teacher development, many American schools have fallen far behind the curve of most corporations and schools in other industrialized nations. (3) Over the next 10 years, the Nation will face a tremendous demand for 2,000,000 additional teachers resulting from increased student enrollments and teacher attrition, which will place many school districts in the precarious position of choosing between quantity and quality. Already, the National Commission on Teaching and America's Future has reported that 50,000 unqualified teachers have been hired annually on emergency or substandard licenses to meet this growing demand. (4) Teacher shortages will unevenly impact high-need urban and rural communities that have the most difficulty attracting and retaining qualified teachers. The National Center for Education Statistics reports that 39 percent of teachers in these communities have neither a college major or minor in their primary field of coursework. SEC. 3. PURPOSES. The purposes of this Act are to establish or expand 10 National Teachers Academies, one in each of the 10 regions established by the Department of Education and serving at least 1 high-need local education agency. The Academies will establish models for local educational agencies to improve teaching and learning by meeting the 21st century challenges of recruiting and retaining qualified teachers, and giving teachers the tools they need to prepare their students for competition in a global workforce by-- (1) assembling a team of ``master'' teachers to mentor and train student teachers on how to provide quality instruction; (2) increasing the pool of ``master'' teachers by partnering with education institutions that offer a range of professional development opportunities including seminars, institutes, or mini-research sabbaticals focused on the knowledge and skills required in the 21st century; (3) providing 1 or more demonstration sites for research- based ``best practices'' in increasing student achievement, classroom management and instruction, teacher mentoring, training, and professional staff development; (4) increasing collaboration between elementary, secondary, and university faculty to improve the intensity and quality of clinical experiences for prospective teachers; (5) working with the regional national educational labs to provide information obtained throughout the research and development process to the Secretary for dissemination to school districts across the Nation; (6) entering into a partnership between local educational agencies, State educational agencies, institutions of higher education, education foundations, professional development and recruitment centers, parent groups, corporations, and community organizations; (7) providing an opportunity for mid-career professionals to obtain alternative teaching certification; (8) offering ongoing professional development opportunities and support and providing opportunities for teachers to engage in research on specific issues of teaching and learning, and developing test curriculum, instruction, and assessment; and (9) providing students from disadvantaged communities with challenging curriculum, quality instruction, and an overall outstanding elementary and secondary education experience. SEC. 4. PROGRAM AUTHORIZATION. (a) In General.--The Secretary is authorized to provide grants to not more than 10 high-need local educational agencies or eligible consortium, one in each of the 10 regions established by the Department of Education, to establish or expand National Teachers Academies. (b) National Teachers Academy.--Each National Teachers Academy shall promote teacher training, professional development and recruitment, and curriculum development. SEC. 5. GRANT AWARDS AND RENEWALS. (a) In General.--To be eligible to receive a grant award under this Act, a high-need local educational agency or eligible consortium shall-- (1) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require; (2) describe how the agency-- (A) will recruit and hire a team of ``master'' teachers to mentor and train student teachers regarding the provision of quality instruction in high-need urban and rural areas; (B) will increase the pool of ``master'' teachers by partnering with education institutions that offer a range of professional development opportunities including seminars, institutes, or mini-research sabbaticals focused on the knowledge and skills required in the 21st century; (C) serve as a demonstration site for ``best practices'' in classroom management and instruction, teacher mentoring, training, and professional staff development; (D) increase collaboration between elementary, secondary, and university faculty to improve the intensity and quality of clinical experiences for prospective teachers; (E) make available knowledge obtained throughout the research and development process to school districts across the Nation; (F) establish a consortium between local educational agencies, State educational agencies, institutions of higher education, education foundations, professional development and recruitment centers, parent groups, corporations, or community organizations; (G) provide an opportunity for mid-career professionals to obtain alternative teaching certification; and (H) offer ongoing professional development opportunities and support and provide opportunities for teachers to engage in action research on specific issues of teaching and learning, and develop test curriculum, instruction, and assessment; and (2) provide an assurance that, either directly or through private contributions, the agency will provide non-Federal matching funds equal to not less than 25 percent of the amount of the award for the first 2 years, 35 percent for the 3d and 4th years, and 50 percent for the 5th year. (b) Renewal.--The Secretary may award each grant for a period not to exceed 5 years. These awards may be renewed annually on a noncompetitive basis if the Secretary determines that-- (1) the goals set forth in the application for the initial grant request have been achieved; (2) there is promise of continuing progress; (3) the non-Federal share of project costs have been met; and (4) a plan has been developed for continuing the Academy after Federal funding is no longer available. SEC. 6. USE OF FUNDS. (a) Permitted Uses.--A high-need local educational agency or eligible consortium that receives a grant award under this Act shall use funds to establish or expand a National Teachers Academy in new or existing school facilities and to meet the operating costs of establishing such Academy, which may include-- (1) reasonable startup and initial operating costs; (2) training costs related to staff development; (3) the costs to purchase books, materials and other equipment, including new technology; (4) payment of personnel directly related to the operation of the Academy; (5) recruitment costs including scholarship incentives; (6) participation in the activities of the consortium; and (7) any costs related to the construction, remodeling, or renovation of the facilities to house each National Teachers Academy. (b) Limitations.--The Secretary may limit the amounts of funds that may be used for remodeling and construction costs as such costs relate to the creation or expansion of each National Teachers Academy. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) The term ``high-need local educational agency'' means a local educational agency that serves an elementary or secondary school located in an area in which there is-- (A) a high percentage of individuals from families with incomes below the poverty line as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; (B) a high percentage of secondary school teachers who have neither a college major or minor in their primary field of coursework; or (C) a high teacher turnover rate. (2) The term ``National Teachers Academy'' means a teacher training and professional development program conducted in at least one elementary or secondary school that provides prospective and novice teachers an opportunity to work under the mentorship of master teachers in a laboratory-style setting, and provides professional development opportunities for veteran teachers and curriculum development services. (3) The term ``local educational agency'' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) The term ``master teacher'' means a teacher of exceptional expertise and accomplishment who meets high standards as defined by State law, the National Board for Professional Teaching Standards, or the local educational agency in its application for a grant under this Act. (5) The term ``eligible consortium'' means a consortium of one or more high-need local educational agencies and one or more institutions of higher education. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $75,000,000 for fiscal years 2000 and 2001, and $50,000,000 for each of fiscal years 2002, 2003, and 2004.

Teachers for the 21st Century Act - Authorizes the Secretary of Education to provide grants to up to ten high-need local educational agencies or eligible consortium, one in each of the ten regions established by the Department of Education, to establish or expand National Teachers Academies. Requires each Academy to promote teacher training, professional development and recruitment, and curriculum development. Sets forth eligibility requirements for grant awards and renewals. Lists permitted uses of grant funds. Authorizes appropriations.

Teachers for the 21st Century Act

SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES. Title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Microenterprise Technical Assistance and Capacity Building Program ``SEC. 171. SHORT TITLE. ``This subtitle may be cited as the `Program for Investment in Microentrepreneurs Act of 1998', also referred to as the `PRIME Act'. ``SEC. 172. DEFINITIONS. ``For purposes of this subtitle-- ``(1) the term `Administrator' has the same meaning as in section 103; ``(2) the term `capacity building services' means services provided to an organization that is, or is in the process of becoming a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs; ``(3) the term `collaborative' means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this subtitle; ``(4) the term `disadvantaged entrepreneur' means a microentrepreneur that is-- ``(A) a low-income person; ``(B) a very low-income person; or ``(C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator; ``(5) the term `Fund' has the same meaning as in section 103; ``(6) the term `Indian tribe' has the same meaning as in section 103; ``(7) the term `intermediary' means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under section 175; ``(8) the term `low-income person' has the same meaning as in section 103; ``(9) the term `microentrepreneur' means the owner or developer of a microenterprise; ``(10) the term `microenterprise' means a sole proprietorship, partnership, or corporation that-- ``(A) has fewer than 5 employees; and ``(B) generally lacks access to conventional loans, equity, or other banking services; ``(11) the term `microenterprise development organization or program' means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs or prospective entrepreneurs; ``(12) the term `training and technical assistance' means services and support provided to disadvantaged entrepreneurs or prospective entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services; and ``(13) the term `very low-income person' means having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2), including any revision required by that section). ``SEC. 173. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Fund in the form of grants to qualified organizations in accordance with this subtitle. ``SEC. 174. USES OF ASSISTANCE. ``A qualified organization shall use grants made under this subtitle-- ``(1) to provide training and technical assistance to disadvantaged entrepreneurs; ``(2) to provide training and capacity building services to microenterprise development organizations and programs and groups of such organizations to assist such organizations and programs in developing microenterprise training and services; ``(3) to aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs; and ``(4) for such other activities as the Administrator determines are consistent with the purposes of this subtitle. ``SEC. 175. QUALIFIED ORGANIZATIONS. ``For purposes of eligibility for assistance under this subtitle, a qualified organization shall be-- ``(1) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; ``(2) an intermediary; ``(3) a microenterprise development organization or program that is accountable to a local community, working in conjunction with a State or local government or Indian tribe; or ``(4) an Indian tribe acting on its own, if the Indian tribe can certify that no private organization or program referred to in this paragraph exists within its jurisdiction. ``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS. ``(a) Allocation of Assistance.-- ``(1) In general.--The Administrator shall allocate assistance from the Fund under this subtitle to ensure that-- ``(A) activities described in section 174(1) are funded using not less than 75 percent of amounts made available for such assistance; and ``(B) activities described in section 174(2) are funded using not less than 15 percent of amounts made available for such assistance. ``(2) Limit on individual assistance.--No single organization or entity may receive more than 10 percent of the total funds appropriated under this subtitle in a single fiscal year. ``(b) Targeted Assistance.--The Administrator shall ensure that not less than 50 percent of the grants made under this subtitle are used to benefit very low-income persons, including those residing on Indian reservations. ``(c) Subgrants Authorized.-- ``(1) In general.--A qualified organization receiving assistance under this subtitle may provide grants using that assistance to qualified small and emerging microenterprise organizations and programs, subject to such rules and regulations as the Administrator determines to be appropriate. ``(2) Limit on administrative expenses.--Not more than 7.5 percent of assistance received by a qualified organization under this subtitle may be used for administrative expenses in connection with the making of subgrants under paragraph (1). ``(d) Diversity.--In making grants under this subtitle, the Administrator shall ensure that grant recipients include both large and small microenterprise organizations, serving urban, rural, and Indian tribal communities and racially and ethnically diverse populations. ``SEC. 177. MATCHING REQUIREMENTS. ``(a) In General.--Financial assistance under this subtitle shall be matched with funds from sources other than the Federal Government on the basis of not less than 50 percent of each dollar provided by the Fund. ``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from loan sources, and in-kind resources of a grant recipient from public or private sources may be used to comply with the matching requirement in subsection (a). ``(c) Exception.-- ``(1) In general.--In the case of an applicant for assistance under this subtitle with severe constraints on available sources of matching funds, the Administrator may reduce or eliminate the matching requirements of subsection (a). ``(2) Limitation.--Not more than 10 percent of the total funds made available from the Fund in any fiscal year to carry out this subtitle may be excepted from the matching requirements of subsection (a), as authorized by paragraph (1) of this subsection. ``SEC. 178. APPLICATIONS FOR ASSISTANCE. ``An application for assistance under this subtitle shall be submitted in such form and in accordance with such procedures as the Fund shall establish. ``SEC. 179. RECORDKEEPING. ``The requirements of section 115 shall apply to a qualified organization receiving assistance from the Fund under this subtitle as if it were a community development financial institution receiving assistance from the Fund under subtitle A. ``SEC. 180. AUTHORIZATION. ``In addition to funds otherwise authorized to be appropriated to the Fund to carry out this title, there are authorized to be appropriated to the Fund to carry out this subtitle-- ``(1) $15,000,000 for fiscal year 1999; ``(2) $25,000,000 for fiscal year 2000; ``(3) $30,000,000 for fiscal year 2001; and ``(4) $35,000,000 for fiscal year 2002. ``SEC. 181. IMPLEMENTATION. ``The Administrator shall, by regulation, establish such requirements as may be necessary to carry out this subtitle.''. SEC. 2. ADMINISTRATIVE EXPENSES. Section 121(a)(2)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is amended-- (1) by striking ``$5,550,000'' and inserting ``$6,100,000''; and (2) in the first sentence, by inserting before the period ``, including costs and expenses associated with carrying out subtitle C''. SEC. 3. CONFORMING AMENDMENTS. Section 104(d) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(d)) is amended-- (1) in paragraph (2)-- (A) by striking ``15'' and inserting ``17''; (B) in subparagraph (G)-- (i) by striking ``9'' and inserting ``11''; (ii) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (iii) by inserting after clause (iii) the following: ``(iv) 2 individuals who have expertise in microenterprises and microenterprise development;''; and (2) in paragraph (4), in the first sentence, by inserting before the period ``and subtitle C''.

Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1998. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified non profit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates matching funds from non-Federal sources. Authorizes appropriations.

A bill to authorize qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on Rebuilding America for the 21st Century Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1808, Albert Gallatin, while serving as President Thomas Jefferson's Secretary of the Treasury, reported to Congress on the infrastructure investments needed by the young Nation. (2) Gallatin's plan built on President George Washington's vision of connecting the interior settlements of the Nation with the markets and ports of the East Coast through a network of roads and canals, and provided a roadmap for infrastructure development in the 19th century. (3) In 1908, President Theodore Roosevelt convened a conference of State and territorial governors, members of his Cabinet and Congress, professional organizations, private citizens, and government agencies to plan for the United States conservation and infrastructure needs in the 20th century. (4) The resulting plan laid the groundwork for many of the critical investments initiated by President Franklin D. Roosevelt to jumpstart the Nation's recovery from the Great Depression. (5) Today, as in 1808 and 1908, the United States is faced with significant economic, environmental, and demographic challenges. (6) To stave off the worst effects of global warming, the United States will need to reduce greenhouse gas emissions significantly. (7) The Nation's population is projected to increase to 420 million by 2050, which is nearly a 50 percent increase from the Nation's population size in 2000. (8) By 2050, more than 70 percent of the Nation's population growth and economic growth is expected to take place in extended networks of metropolitan regions linked by environmental systems, transportation networks, economies, and culture. (9) The National Surface Transportation Policy and Revenue Study Commission recently calculated that maintaining the Nation's existing transportation system over the next 50 years will require $225 billion annually. The latest transportation authorization, SAFETEA-LU, provided only $244 billion total for the 5 years ending with fiscal year 2009. (10) The American Society of Civil Engineers has given the Nation's public infrastructure, consisting of water, sewer, and transportation systems, a grade of D-minus, estimating that it will cost $1.6 trillion over the next 5 years merely to repair the Nation's existing infrastructure. (11) The Nation's decaying water infrastructure and a lack of available funding to maintain and upgrade the Nation's wastewater infrastructure pose a serious threat to water quality. More than 72,000 miles of municipal water and sewer pipe are more than 80 years old, threatening the health, environment, and economy of communities large and small. (12) Population growth and associated development will place the Nation's water resources under increasing stress, including increased pollutant loads, increased potential for flooding, diminished drinking water supplies, loss of aquatic habitat, and stream scouring and erosion. Global warming will exacerbate existing water challenges and make other changes to the natural hydrology, including more extreme storm events, more frequent droughts, higher air and water temperatures, changes in timing of stream flows, and sea level rise. New technologies and a comprehensive strategy will be needed to overcome these challenges and ensure a safe, adequate, reliable, and sustainable water supply. (13) The Environmental Protection Agency, the Congressional Budget Office, and other stakeholders have identified a funding gap of between $300 billion and $400 billion over the next 20 years for the restoration and replacement of wastewater infrastructure, and an additional $250 billion over the next 30 years will be needed to replace worn-out drinking water pipes and associated structures. (14) From 1999 to 2009, the Nation's electricity demand rose by nearly 20 percent while transmission capacity grew by only 3.5 percent. To accommodate increased demand, and to accommodate increased electrical supply from renewable sources by 2050, electrical transmission infrastructure requires significant investment. (15) The Nation's rural economy is dependant on transportation and communications networks to grow and compete in an increasingly globalized market. (16) Significant under-investment in public lands infrastructure jeopardizes the tremendous conservation, environmental, and mixed use benefits that these lands provide the public. (17) Much of the Nation's infrastructure was built in the last half of the 20th century and will reach its capacity limits early in the 21st century. Unless new capacity is created in roads, rails, airports, seaports, and other systems, the Nation's economic potential will be artificially limited. (18) Since 1980, the number of miles people in the United States drive has grown 3 times faster than the Nation's population. Residents of walkable cities, however, drive 26 percent fewer miles per day than those living in the most sprawling areas. (19) By 2050, 89 million new or replaced homes as well as 190 billion square feet of new offices, stores, and other nonresidential buildings will be constructed. (20) By 2050, smart growth building policies could reduce total transportation-related CO<INF>2</INF> emissions by 7 to 10 percent. (21) Development of a bold national plan to overcome these challenges by 2050 will allow the United States to respond in the most economically and environmentally sustainable way. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``United States Commission on Rebuilding America for the 21st Century'' (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Appointment of Members.--The Commission shall be composed of 17 members as follows: (1) Two members, including the chairman of the Commission, to be appointed by the Speaker of the House of Representatives. (2) Two members to be appointed by the majority leader of the Senate. (3) Three members to be appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate. (4) One member to be appointed by the Administrator of the Environmental Protection Agency. (5) One member to be appointed by the Secretary of Transportation. (6) One member to be appointed by the Secretary of Housing and Urban Development. (7) One member to be appointed by the Secretary of the Interior. (8) One member to be appointed by the Secretary of Energy. (9) One member to be appointed by the President of the Executive Committee of the Board of Directors of the National Association of Counties, in consultation with the other members of the Board. (10) One member to be appointed by the Chair of the National Governors Association. (11) One member to be appointed by the Executive Director of the National Conference of State Legislatures, in consultation with the members of the Conference's executive committee. (12) One member to be appointed by the President of the Board of Directors of the National Association of Regional Councils, in consultation with the other members of the Board. (13) One member to be appointed by the President of the United States Conference of Mayors, in consultation with the members of the Conference's executive board. (b) Dates of Appointments.--The initial member appointed to the Commission shall be the Chairman, as designated by the Speaker of the House of Representatives under subsection (a)(1). The remainder of the members of the Commission shall be appointed in the 30-day period beginning on the 30th day following the date of the appointment of the Chairman. (c) Qualifications.-- (1) In general.--Each member of the Commission shall be knowledgeable in-- (A) the fields of transportation finance, highway and transit programs, and transportation policy; (B) the fields of land use and housing policy, including community planning and design; (C) the fields of water supply, water infrastructure, and water conservation policy; or (D) the fields of energy supply, energy infrastructure, and energy conservation policy. (2) Eligibility of certain representatives.--The members of the Commission-- (A) may include representatives of State and local governments, public transportation authorities, and other appropriate governmental units; but (B) may not include any member of the House of Representatives, the Senate, or the President's Cabinet. (d) Terms.--The members of the Commission shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy on the Commission shall be filled promptly and in the manner in which the original appointment was made. (f) Meetings.-- (1) Initial meeting.--Not later than 60 days after the last day of the appointment period described in section 4(b), the Commission shall hold the initial meeting of the Commission. (2) Meetings.--The Commission shall meet at the call of the chairman of the Commission or a majority of its members. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Pay.--Members of the Commission shall serve without pay. (h) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. DUTIES. (a) Review of Published Materials.-- (1) In general.--The Commission shall review published materials on the Nation's transportation, water, energy, public lands, and housing infrastructure and, based on the review, assess the challenges of meeting the Nation's infrastructure needs in the 21st century. (2) Report to congress.--Not later than 120 days after the last day of the appointment period described in section 4(b), the Commission shall submit to Congress a report on the review and assessment conducted under paragraph (1) and make the report available to the public. (b) Public Hearings.--In order to facilitate a national dialogue on the Nation's infrastructure needs, the Commission shall hold public hearings in at least 50 congressional districts representing a cross- section of the geographical regions of the United States, and consult with other interested persons, before submitting a final report under subsection (c) (c) Final Report.-- (1) National vision of infrastructure investments.--Not later than one year after the last day of the appointment period described in section 4(b), the Commission shall prepare and submit to Congress a report that-- (A) documents the challenges of meeting the Nation's transportation, water, energy, public lands, and housing infrastructure needs in the 21st century; and (B) articulates a national vision of infrastructure investments to overcome the challenges. (2) Specific recommendations.--The report to be submitted under paragraph (1) shall contain specific recommendations on appropriate policies and investments, including integration of existing programs, to provide the people of the United States with-- (A) improved transportation mobility, choice, and access to economic opportunities; (B) streamlined investment processes to facilitate State and local transportation investments; (C) improved community health outcomes and social equity; (D) improved water conservation, quality, and quantity; (E) an efficient, vibrant, and flexible electric grid that delivers clean, safe, and affordable energy; (F) reductions in greenhouse gas emissions; and (G) improved public lands infrastructure sufficient to accommodate the growth in users without degrading the environmental and conservation values of the public lands. (3) Model principles.--The report to be submitted under paragraph (1) shall contain a set of model principles to ensure that future investments in the Nation's transportation, water, energy, public lands, and housing infrastructure incorporate the findings and recommendations contained in the report. SEC. 6. POWERS. (a) Hearings and Sessions.--For the purpose of carrying out this Act, the Commission may hold such hearings, meet and act at such times and places, take such testimony, administer such oaths, and receive such evidence as the Commission considers appropriate. (b) Other Evidence.--The Commission shall gather evidence through such means as the Commission considers appropriate, including-- (1) by soliciting comments through Federal Register notices; and (2) by receiving testimony at public hearings conducted by members of the Commission, at the direction of the chairman of the Commission, subject to appropriate rules governing the receiving of evidence. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any law to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this Act. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (d) Contracts.--The Commission may enter into contracts with other entities in carrying out the duties of the Commission. (e) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriations Acts, the Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. STAFF. (a) Staff.--The Commission may appoint and fix the pay of such personnel as the Commission considers appropriate. (b) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,500,000. SEC. 9. TERMINATION. The Commission shall terminate on the 180th day following the date of transmittal of the final report required under section 5(c). All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the National Archives.

United States Commission on Rebuilding America for the 21st Century Act - Establishes the United States Commission on Rebuilding America for the 21st Century to review published materials on the nation's transportation, water, energy, public lands, and housing infrastructure and assess the challenges of meeting the nation's infrastructure needs in the 21st century. Directs the Commission to submit to Congress a report that: (1) documents those challenges and articulates a national vision of infrastructure investments to overcome them; (2) contains specific recommendations on policies and investments to provide for streamlined state and local transportation investment processes, an electric grid that delivers clean, safe, and affordable energy, reductions in greenhouse has emissions, and improved transportation mobility, community health outcomes, water conservation, and public lands infrastructure accommodating user growth without degrading the environment; and (3) contains a set of model principles to ensure that future investments in the nation's infrastructure incorporate the report's findings and recommendations.

To establish the United States Commission on Rebuilding America for the 21st Century, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Entrepreneurship Tax Cut Act of 2011''. SEC. 2. EXCLUSION FROM GROSS INCOME OF QUALIFIED CAPITAL DISTRIBUTION FROM TAX-FAVORED ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code is amended by inserting before section 140 the following new section: ``SEC. 139F. QUALIFIED CAPITAL DISTRIBUTIONS. ``(a) In General.--Gross income shall not include any qualified capital distribution from a tax-favored account. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified capital distribution.-- ``(A) In general.--The term `qualified capital distribution' means any distribution to an individual from a tax-favored account of such individual to the extent such distribution is used to acquire an eligible interest in an entity in connection with beginning an active trade or business. ``(B) Eligible interest.--For purposes of this paragraph, the term `eligible interest' means, with respect to any entity, an ownership interest in such entity of at least 40 percent of the total combined voting power of all classes of interests entitled to vote, or at least 40 percent of the total value of all ownership interests in the entity. ``(C) Sole proprietorships.--Any capital contribution to a sole proprietorship shall be treated as meeting the requirements of subparagraphs (A) and (B) if such requirements would be met if such proprietorship were a corporation. ``(D) Beginning of trade or business.--Rules similar to the rules of section 195(c)(2) shall apply for purposes of this paragraph. ``(2) Tax-favored account.--The term `tax-favored account' means any of the following: ``(A) An eligible retirement plan (as defined in section 402(c)(8)(B)). ``(B) A health savings account described in section 223. ``(C) A Roth IRA. ``(D) A qualified tuition program described in section 529. ``(c) Amount Distributed Must Be Repaid.-- ``(1) In general.--Any individual who receives a qualified capital distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to a tax-favored account of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), 223(f)(5),or 529(c)(3)(C), as the case may be. ``(2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to paragraph (1) with respect to a qualified capital distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified capital distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(3) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to paragraph (1) with respect to a qualified capital distribution from an individual retirement plan, then, to the extent of the amount of the contribution, the qualified capital distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Other tax-favored accounts.--For purposes of this title, if a contribution is made pursuant to paragraph (1) with respect to a qualified capital distribution-- ``(A) from a health savings account described in section 223, or ``(B) from a qualified tuition program described in section 529, then, to the extent of the amount of the contribution, the qualified capital distribution shall be treated as a distribution described in section 529(c)(3)(C) or 223(f)(5), as the case may be, and as having been transferred to such account or program, as the case may be, within 60 days of the distribution. ``(d) Denial of Double Benefit.--The basis in any ownership interest with respect to the acquisition of which an amount was excluded from gross income under subsection (a) shall be reduced by an amount equal to the amount so excluded. The Secretary may prescribe such regulations as may be necessary to carry out the purposes of this subsection in the case of capital contributions to sole proprietorships.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 72(t) of such Code is amended by adding at the end the following new subparagraph: ``(H) Qualified capital distributions.--Any distribution excludable from gross income under section 139F (relating to qualified capital distributions).''. (2) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 139F(d).''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new section: ``Sec. 139F. Qualified capital distributions.''. (d) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

Entrepreneurship Tax Cut Act of 2011 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to acquire an ownership interest (at least 40%) in an entity in connection with beginning an active trade or business.

To amend the Internal Revenue Code of 1986 to allow distributions from retirement accounts to start a business.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Agricultural Assistance Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MARKET LOSS ASSISTANCE Sec. 101. Market loss assistance. Sec. 102. Oilseeds. Sec. 103. Peanuts. Sec. 104. Honey. Sec. 105. Wool and mohair. Sec. 106. Cottonseed. Sec. 107. Specialty crops. Sec. 108. Loan deficiency payments. Sec. 109. Payments in lieu of loan deficiency payments for grazed acreage. Sec. 110. Milk. Sec. 111. Pulse crops. Sec. 112. Tobacco. Sec. 113. Livestock feed assistance program. Sec. 114. Increase in payment limitations regarding loan deficiency payments and marketing loan gains. TITLE II--ADMINISTRATION Sec. 201. Obligation period. Sec. 202. Commodity Credit Corporation. Sec. 203. Regulations. TITLE I--MARKET LOSS ASSISTANCE SEC. 101. MARKET LOSS ASSISTANCE. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall, to the maximum extent practicable, use $5,603,000,000 of funds of the Commodity Credit Corporation to make a market loss assistance payment to owners and producers on a farm that are eligible for a final payment for fiscal year 2002 under a production flexibility contract for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.). (b) Amount.--The amount of assistance made available to owners and producers on a farm under this section shall be proportionate to the amount of the total contract payments received by the owners and producers for fiscal year 2002 under a production flexibility contract for the farm under the Agricultural Market Transition Act. SEC. 102. OILSEEDS. (a) In General.--The Secretary shall use $466,000,000 of funds of the Commodity Credit Corporation to make payments to producers that planted a 2002 crop of oilseeds (as defined in section 102 of the Agricultural Market Transition Act (7 U.S.C. 7202)). (b) Computation.--A payment to producers on a farm under this section for an oilseed shall be equal to the product obtained by multiplying-- (1) a payment rate determined by the Secretary; (2) the acreage determined under subsection (c); and (3) the yield determined under subsection (d). (c) Acreage.-- (1) In general.--Except as provided in paragraph (2), the acreage of the producers on the farm for an oilseed under subsection (b)(2) shall be equal to the number of acres planted to the oilseed by the producers on the farm during the 1999, 2000, or 2001 crop year, whichever is greatest, as determined by the Secretary. (2) New producers.--In the case of producers on a farm that planted acreage to a type of oilseed during the 2002 crop year but not the 1999, 2000, or 2001 crop year, the acreage of the producers for the type of oilseed under subsection (b)(2) shall be equal to the number of acres planted to the type of oilseed by the producers on the farm during the 2002 crop year, as determined by the Secretary. (d) Yield.-- (1) Soybeans.--Except as provided in paragraph (3), in the case of soybeans, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greater of-- (A) the average county yield per harvested acre for each of the 1997 through 2001 crop years, excluding the crop year with the greatest yield per harvested acre and the crop year with the lowest yield per harvested acre; or (B) the actual yield of the producers on the farm for the 1999, 2000, or 2001 crop year, as determined by the Secretary. (2) Other oilseeds.--Except as provided in paragraph (3), in the case of oilseeds other than soybeans, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greater of-- (A) the average national yield per harvested acre for each of the 1997 through 2001 crop years, excluding the crop year with the greatest yield per harvested acre and the crop year with the lowest yield per harvested acre; or (B) the actual yield of the producers on the farm for the 1999, 2000, or 2001 crop year, as determined by the Secretary. (3) New producers.--In the case of producers on a farm that planted acreage to a type of an oilseed during the 2002 crop year but not the 1999, 2000, or 2001 crop year, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greater of-- (A) the average county yield per harvested acre for each of the 1997 through 2001 crop years, excluding the crop year with the greatest yield per harvested acre and the crop year with the lowest yield per harvested acre; or (B) the actual yield of the producers on the farm for the 2002 crop. (4) Data source.--To the maximum extent available, the Secretary shall use data provided by the National Agricultural Statistics Service to carry out this subsection. SEC. 103. PEANUTS. (a) In General.--The Secretary shall use not more than $55,000,000 of funds of the Commodity Credit Corporation to provide payments to producers of quota peanuts or additional peanuts to partially compensate the producers for continuing low commodity prices, and increasing costs of production, for the 2002 crop year. (b) Amount.--The amount of a payment made to producers on a farm of quota peanuts or additional peanuts under subsection (a) shall be equal to the product obtained by multiplying-- (1) the quantity of quota peanuts or additional peanuts produced or considered produced on the farm during the 2002 crop year; and (2) a payment rate equal to-- (A) in the case of quota peanuts, $30.50 per ton; and (B) in the case of additional peanuts, $16.00 per ton. (c) Losses.--The Secretary shall use such sums of the Commodity Credit Corporation as are necessary to offset losses for the 2002 crop of peanuts described in section 155(d) of the Agricultural Market Transition Act (7 U.S.C. 7271(d)). SEC. 104. HONEY. (a) In General.--The Secretary shall use $93,000,000 of funds of the Commodity Credit Corporation to make available recourse loans to producers of the 2002 crop of honey on fair and reasonable terms and conditions, as determined by the Secretary. (b) Loan Rate.--The loan rate for a loan under subsection (a) shall be equal to 85 percent of the average price of honey during the 5-crop year period preceding the 2002 crop year, excluding the crop year in which the average price of honey was the highest and the crop year in which the average price of honey was the lowest in the period. (c) Term of Loan.--A loan under this section shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. SEC. 105. WOOL AND MOHAIR. (a) In General.--The Secretary shall use $10,000,000 of funds of the Commodity Credit Corporation to provide a supplemental payment under section 814 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-55), to producers of wool, and producers of mohair, for the 2002 marketing year that received a payment under that section. (b) Payment Rate.--The Secretary shall adjust the payment rate specified in that section to reflect the amount made available for payments under this section. SEC. 106. COTTONSEED. The Secretary shall use $100,000,000 of funds of the Commodity Credit Corporation to provide assistance to producers and first- handlers of the 2002 crop of cottonseed. SEC. 107. SPECIALTY CROPS. (a) Definition of Specialty Crop.--In this section, the term ``specialty crop'' means any agricultural commodity, other than wheat, feed grains, oilseeds, cotton, rice, peanuts, or tobacco. (b) Grants.--The Secretary shall use $150,000,000 of funds of the Commodity Credit Corporation to make a grant to each State in an amount that represents the proportion that-- (1) the value of specialty crop production in the State; bears to (2) the value of specialty crop production in all States. (c) Use.--As a condition of the receipt of a grant under this section, a State shall agree to use the grant to support specialty crops. (d) Purchases for School Nutrition Programs.--The Secretary shall use not less than $55,000,000 of the funds made available under subsection (a) to purchase agricultural commodities of the type distributed under section 6(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(a)) for distribution to schools and service institutions in accordance with section 6(a) of that Act. SEC. 108. LOAN DEFICIENCY PAYMENTS. Section 135 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7235) is amended-- (1) in subsection (a)(2), by striking ``the 2000 crop year'' and inserting ``each of the 2000 through 2002 crop years''; and (2) by striking subsections (e) and (f) and inserting the following: ``(e) Beneficial Interest.-- ``(1) In general.--A producer shall be eligible for a payment for a loan commodity under this section only if the producer has a beneficial interest in the loan commodity, as determined by the Secretary. ``(2) Application.--The Secretary shall make a payment under this section to the producers on a farm with respect to a quantity of a loan commodity as of the earlier of-- ``(A) the date on which the producers on the farm marketed or otherwise lost beneficial interest in the loan commodity, as determined by the Secretary; or ``(B) the date the producers on the farm request the payment.''. SEC. 109. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED ACREAGE. (a) In General.--Subtitle C of title I of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.) is amended by adding at the end the following: ``SEC. 138. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED ACREAGE. ``(a) In General.--For the 2002 crop of wheat, grain sorghum, barley, and oats, in the case of the producers on a farm that would be eligible for a loan deficiency payment under section 135 for wheat, grain sorghum, barley, or oats, but that elects to use acreage planted to the wheat, grain sorghum, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producers on the farm under this section if the producers on the farm enter into an agreement with the Secretary to forgo any other harvesting of the wheat, grain sorghum, barley, or oats on the acreage. ``(b) Payment Amount.--The amount of a payment made to the producers on a farm under this section shall be equal to the amount obtained by multiplying-- ``(1) the loan deficiency payment rate determined under section 135(c) in effect, as of the date of the agreement, for the county in which the farm is located; by ``(2) the payment quantity obtained by multiplying-- ``(A) the quantity of the grazed acreage on the farm with respect to which the producers on the farm elect to forgo harvesting of wheat, grain sorghum, barley, or oats; and ``(B) the payment yield for that contract commodity on the farm. ``(c) Time, Manner, and Availability of Payment.-- ``(1) Time and manner.--A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 135. ``(2) Availability.--The Secretary shall establish an availability period for the payment authorized by this section that is consistent with the availability period for wheat, grain sorghum, barley, and oats established by the Secretary for marketing assistance loans authorized by this subtitle. ``(d) Prohibition on Crop Insurance or Noninsured Crop Assistance.--The producers on a farm shall not be eligible for insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 with respect to a crop of wheat, grain sorghum, barley, or oats planted on acreage that the producers on the farm elect, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop.''. SEC. 110. MILK. Section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended by striking ``May 31, 2002'' each place it appears and inserting ``December 31, 2002''. SEC. 111. PULSE CROPS. (a) In General.--The Secretary shall use $20,000,000 of funds of the Commodity Credit Corporation to provide assistance in the form of a market loss assistance payment to owners and producers on a farm that grow a 2002 crop of dry peas, lentils, or chickpeas (collectively referred to in this section as a ``pulse crop''). (b) Computation.--A payment to owners and producers on a farm under this section for a pulse crop shall be equal to the product obtained by multiplying-- (1) a payment rate determined by the Secretary; by (2) the acreage of the producers on the farm for the pulse crop determined under subsection (c). (c) Acreage.-- (1) In general.--The acreage of the producers on the farm for a pulse crop under subsection (b)(2) shall be equal to the number of acres planted to the pulse crop by the owners and producers on the farm during the 1999, 2000, or 2001 crop year, whichever is greatest. (2) Basis.--For the purpose of paragraph (1), the number of acres planted to a pulse crop by the owners and producers on the farm for a crop year shall be based on (as determined by the Secretary)-- (A) the number of acres planted to the pulse crop for the crop year by the owners and producers on the farm, including any acreage that is included in reports that are filed late; or (B) the number of acres planted to the pulse crop for the crop year for the purpose of the Federal crop insurance program established under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). SEC. 112. TOBACCO. (a) Payments.--The Secretary shall use $100,000,000 of funds of the Commodity Credit Corporation to provide supplemental payments to owners, controllers, and growers of tobacco for which a basic quota or allotment is established for the 2002 crop year under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.), as determined by the Secretary. (b) Loan Forfeitures.--Notwithstanding sections 106 through 106B of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)-- (1) a producer-owned cooperative marketing association may fully settle (without further cost to the Association) a loan made for each of the 2000 and 2001 crops of types 21, 22, 23, 35, 36, and 37 of an agricultural commodity under sections 106 through 106B of that Act by forfeiting to the Commodity Credit Corporation the agricultural commodity covered by the loan regardless of the condition of the commodity; (2) any losses to the Commodity Credit Corporation as a result of paragraph (1)-- (A) shall not be charged to the Account (as defined in section 106B(a) of that Act); and (B) shall not affect the amount of any assessment imposed against the commodity under sections 106 through 106B of that Act; and (3) the commodity forfeited pursuant to this subsection-- (A) shall not be counted for the purposes of any determination for any year pursuant to section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e); and (B) may be disposed of in a manner determined by the Secretary of Agriculture, except that the commodity may not be sold for use in the United States for human consumption. SEC. 113. LIVESTOCK FEED ASSISTANCE PROGRAM. The Secretary shall use $500,000,000 of funds of the Commodity Credit Corporation to provide livestock feed assistance to livestock producers affected by disasters during calendar year 2001 or 2002. SEC. 114. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS. Notwithstanding section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the payments specified in section 1001(3) of that Act that a person shall be entitled to receive for one or more contract commodities and oilseeds under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) during the 2002 crop year may not exceed $150,000. TITLE II--ADMINISTRATION SEC. 201. OBLIGATION PERIOD. The Secretary and the Commodity Credit Corporation shall obligate funds only during fiscal year 2002 to carry out this Act and the amendments made by this Act (other than sections 106, 107, and 110). SEC. 202. COMMODITY CREDIT CORPORATION. Except as otherwise provided in this Act, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 203. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Emergency Agricultural Assistance Act of 2002 - Directs the Secretary of Agriculture to provide market loss assistance payments to owners and producers on a farm that are eligible for a final FY 2002 production flexibility contract payment.Directs the Secretary to provide assistance for: (1) soybeans and oilseeds; (2) quota or additional peanuts; (3) honey (loans); (4) wool and mohair; (5) cottonseed; (6) specialty crops, including school nutrition program commodities; (7) pulse crops (chickpeas, lentils, dry peas); and (8) tobacco.Amends the Federal Agriculture Improvement and Reform Act of 1996 to extend loan deficiency payment eligibility through crop year 2002 for contract commodity producers who are not eligible for marketing assistance loans.Directs the Secretary to make payments in lieu of loan deficiency payments for crop year 2002 to producers who: (1) elect to use wheat, grain sorghum, barley, or oats acreage for livestock grazing; and (2) agree to forgo any other harvesting of such crops on such acreage. States that such acreage shall be ineligible for Federal crop insurance.Amends the Agricultural Market Transition Act to extend milk price supports.Directs the Secretary to provide livestock feed assistance to producers affected by 2001 or 2002 disasters.Increases crop year 2002 payment limitations respecting loan deficiency payments and marketing assistance loans for oilseeds and contract commodities.States that funds shall be obligated and expended only during FY 2002 (with specified exceptions) to carry out this Act and its amendments.

To provide emergency agricultural assistance to producers of the 2002 crop of certain agricultural commodities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Program Improvement Act of 1993''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--The first sentence of section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (2) by striking ``products produced in'' and inserting ``products produced in or imported into''. (b) Definitions.--Section 111 of such Act (7 U.S.C. 4502) is amended-- (1) by striking ``and'' at the end of subsection (k); (2) by striking the period at the end of subsection (l) and inserting a semicolon; and (3) by adding at the end the following new subsections: ``(m) the term `imported dairy product' means-- ``(1) any dairy product, including milk and cream and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; ``(4) casein and mixtures; and ``(5) other dairy products, that are imported into the United States; and ``(n) the term `importer' means a person that imports an imported dairy product into the United States.''. (c) Funding.-- (1) Representation on board.--Section 113(b) of such Act (7 U.S.C. 4504(b)) is amended-- (A) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively; (B) in paragraph (1) (as so designated), by striking ``thirty-six'' and inserting ``38''; (C) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Of the members of the Board, 36 members''; and (D) by inserting after paragraph (5) (as so designated) the following new paragraph: ``(6) Of the members of the Board, 2 members shall be representatives of importers of imported dairy products. The importer representatives shall be appointed by the Secretary from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (2) Assessment.--Section 113(g) of such Act is amended-- (A) by designating the first through fifth sentences as paragraphs (1) through (5), respectively; and (B) by adding at the end the following new paragraph: ``(6)(A) The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(C) For the purpose of determining the assessment on imports under subparagraph (B), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner.''. (3) Records.--The first sentence of section 113(k) of such Act is amended by striking ``person receiving'' and inserting ``importer of imported dairy products, each person''. (4) Referendum.--Section 116 of such Act (7 U.S.C. 4507) is amended by adding at the end the following new subsection: ``(d)(1) On the request of a representative group comprising 10 percent or more of the number of producers subject to the order, the Secretary shall-- ``(A) conduct a referendum to determine whether the producers favor suspension of the application of the amendments made by section 2 of the Dairy Promotion Program Improvement Act of 1993; and ``(B) suspend the application of the amendments until the results of the referendum are known. ``(2) The Secretary shall continue the suspension of the application of the amendments made by section 2 only if the Secretary determines that suspension of the application of the amendments is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use.''. SEC. 3. TERMINATION OF DAIRY PROMOTION AND RESEARCH PROGRAM. Section 116 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4507) (as amended by section 2(c)(4)) is further amended by adding at the end the following new subsection: ``(e)(1) On December 31, 1996, the Secretary shall terminate the order issued under this Act (including the collection of assessments under the order). ``(2) As soon as practicable after the date referred to in paragraph (1), the Secretary shall terminate activities under the order in an orderly manner.''. SEC. 4. PROHIBITION ON BLOC VOTING. Section 117 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4508) is amended-- (1) in the first sentence, by striking ``Secretary shall'' and inserting ``Secretary shall not''; and (2) by striking the second through fifth sentences.

Dairy Promotion Program Improvement Act of 1993 - Amends the Dairy Production Stabilization Act of 1983 to increase the membership of the National Dairy Promotion and Research Board (the Board) by two members who shall be representatives of dairy product importers. Requires dairy product importers to pay an assessment to the Board. Prescribes guidelines under which the Secretary of Agriculture shall conduct a referendum in connection with this Act. Sets a termination date for the assessment orders for dairy product importers. Prohibits the Secretary, when required to determine the approval or disapproval of individual producers, from considering the bloc-voted approval or disapproval of any cooperative association of producers.

Dairy Promotion Program Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Quality Improvement Act''. SEC. 2. QUALITY IMPROVEMENT FUNDS. Section 637(5)(B) of the Head Start Act (42 U.S.C. 9832(5)(B)) is amended by striking ``25 percent'' and inserting ``30 percent''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 639(c) of the Head Start Act (42 U.S.C. 9834(c)) is amended to read as follows: ``(c) The Secretary shall make available to carry out the Head Start Transition Project Act, from the amount appropriated under subsection (a), not less than $50,000,000 for each of fiscal years 1993 through 1996.''. SEC. 4. MONITORING AND INCENTIVE GRANTS. Section 640(a)(2)(C) of the Head Start Act (42 U.S.C. 9835(a)(2)(C)) is amended to read as follows: ``(C) program improvement activities, in an amount for each fiscal year that is not less than 3 percent of the sum appropriated under section 639 for such fiscal year, of which amount-- ``(i) 75 percent shall be made available for training and technical assistance activities that are sufficient to meet the needs associated with program expansion and to foster program and management improvement activities as described in section 648; ``(ii) 12.5 percent shall be made available to provide funds for carrying out reviews and interim evaluations under section 641(c)(1), audits and examinations under section 647(b), and evaluations under section 651, which funds shall be used to supplement, and not supplant, any Federal funds that would otherwise have been available to carry out such reviews, audits, examinations, and evaluations; and ``(iii) 12.5 percent shall be made available to make grants to Head Start agencies that exceed the outcome measures described in section 651(b)(2), for carrying out the quality improvement activities described in paragraph (3)(A).''. SEC. 5. HEAD START AGENCIES. (a) Grants.--Section 641(a) of the Head Start Act (42 U.S.C. 9836(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following: ``(2) The Secretary may make grants to designated Head Start agencies to carry out Head Start programs under this Act. ``(3) The first grant awarded to an agency serving a community after the date of enactment of this paragraph, and first designation of such agency as a Head Start agency after such date, shall be for a period of 7 years. Subsequent grants and designations shall be made for periods of not less than 7 years. ``(4) To be eligible to be designated as a Head Start agency and receive such a grant, an agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.''. (b) Reviews and Interim Evaluations.--Section 641(c) of the Head Start Act (42 U.S.C. 9836(c)) is amended-- (1) by striking paragraph (1); (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``and shall'' and inserting ``and shall conduct an interim evaluation including a site visit at the site of such agency at least once each year, in order to''; and (ii) by inserting ``, including outcome measures described in section 651(b)(2),'' after ``requirements''; and (B) in subparagraph (C)-- (i) by striking ``The'' and inserting ``In addition to conducting the reviews and interim evaluations required under subparagraphs (A) and (B), the''; and (ii) by striking ``followup reviews'' and inserting ``followup reviews and interim evaluations''; (3) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by striking ``review'' and inserting ``review or interim evaluation''; (B) in subparagraph (A), by striking ``review'' and inserting ``review or interim evaluation''; and (C) in subparagraph (B), by striking ``such review at the site of such agency'' and inserting ``such a site visit, conducted as part of a review or interim evaluation''; (4) in paragraph (4)-- (A) by striking ``(4)'' and inserting ``(4)(A)''; (B) in subparagraph (A) (as so designated by subparagraph (A) of this paragraph) by striking ``review'' and inserting ``review or interim evaluation''; and (C) add at the end the following: ``(B) If, in carrying out such a review or interim evaluation, the Secretary identifies program deficits in the programs provided by the agency, the Secretary-- ``(i) may require the agency to take corrective action to correct the program deficits; ``(ii) shall provide technical assistance under section 648(a) for the 1-year period beginning on the date of the review or interim evaluation; and ``(iii) may conduct a full review of the program. ``(C)(i) In addition to any other authority of the Secretary to revoke the designation of an agency as a Head Start agency, if the Secretary determines that the agency described in subparagraph (B) has not corrected program deficits related to the outcome measures described in section 651(b)(2) within 1 year after the review or interim evaluation described in subparagraph (B), the Secretary may revoke such designation of the agency. ``(ii) The Secretary shall provide notice and an opportunity for comment to the agency prior to revoking the designation of the agency. ``(iii) After so revoking the designation of an agency that serves a community, the Secretary may designate, in accordance with subsection (d), an agency described in subsection (a) as a Head Start agency to serve the community and make grants under subsection (a) to such agency.''; and (5) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (c) Considerations.--Section 641(d) of the Head Start Act 942 U.S.C. 9836(d)) is amended-- (1) in the first sentence, by striking ``If there is'' and all that follows through ``then the'' and inserting ``The''; (2) in the second sentence, by striking ``criteria,'' and all that follows and inserting ``including outcome measures described in section 651(b)(2), criteria, and standards, in effect on the date of designation.''; (3) at the end of paragraph (8), by striking ``and''; (4) at the end of paragraph (9), by striking the period and inserting ``; and''; and (5) by adding at the end the following: ``(10) the ability of the applicant to ensure continuity of Head Start services.''. (d) Existing Head Start Agencies.-- (1) Application.--Each agency that is a designated Head Start agency under section 641 of the Head Start Act on the date of enactment of this Act shall submit an application to the Secretary of Health and Human Services as described in section 641(a)(4) of such Act (as added by subsection (a) of this section) and in accordance with the schedule described in paragraph (2), in order to be eligible to-- (A) be designated as a Head Start agency; and (B) receive a grant, for an additional period under section 641 of such Act. (2) Schedule.--The Secretary of Health and Human Services shall by regulation establish a schedule for the submission of applications as required in paragraph (1), which schedule shall ensure the submission of all such applications within 7 years after the date of enactment of this Act. (e) Technical and Conforming Amendment.--Section 651(g)(10) of the Head Start Act (42 U.S.C. 9846(g)(10)) is amended by striking ``evaluations conducted under section 641(c)(2)'' and inserting ``reviews and interim evaluations conducted under section 641(c)(1)''. SEC. 6. ELIGIBILITY. Section 645(a)(1) of the Head Start Act (42 U.S.C. 9840(a)(1)) is amended to read as follows: ``(1)(A) The Secretary shall by regulation prescribe eligibility criteria for the participation of persons in Head Start programs assisted under this subchapter. ``(B) Except as provided in paragraph (2), such criteria may provide-- ``(i) that a child from a low-income family shall be eligible for participation in a program assisted under this subchapter if the child is from-- ``(I) a family that has an income below the poverty line; or ``(II) a family that is eligible or, in the absence of child care, would potentially be eligible for public assistance; ``(ii) pursuant to such regulations as the Secretary shall prescribe, that programs assisted under this subchapter may include, to a reasonable extent, participation of children in the area served who would benefit from such programs but whose families do not meet the low-income criteria prescribed pursuant to clause (i); and ``(iii) that a child shall be eligible for participation in such a program if the child is from a family described in subclause (I) or (II) of clause (i) on a date not more than 2 years before such participation, regardless of whether the child was of an appropriate age to participate in such a program on such date.''. SEC. 7. NOTICE, HEARINGS, AND APPEALS. The Head Start Act is amended by repealing section 646 (42 U.S.C. 9841) and inserting the following: ``SEC. 646. NOTICE, HEARINGS, AND APPEALS. ``The Secretary shall establish and implement procedures for providing notice, an opportunity for a hearing, and an opportunity for an appeal to persons who are grant recipients or applicants for grants under this Act. Such procedures shall be consistent with other procedures of the Department of Health and Human Services for providing such notice and such opportunities with respect to similar financial assistance.''. SEC. 8. OUTCOME MEASURES. Section 651(b) of the Head Start Act (42 U.S.C. 9846(b)) is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following: ``(2) The Secretary shall promulgate regulations establishing outcome measures for Head Start agencies carrying out Head Start programs under this subchapter, which regulations shall require that, effective January 1, 1995, each Head Start agency carrying out such a Head Start program shall-- ``(A)(i) conduct initial assessments of developmental skills, including physical development, self-help skills, social development, academic development, and communication skills, for not less than 90 percent of the children who have been enrolled in the program for not less than 90 days; ``(ii) conduct exit assessments of such developmental skills for not less than 90 percent of the children who-- ``(I) have been enrolled in the program for not less than 6 months; and ``(II) are leaving the program; ``(iii) provide remedial activities to not less than 90 percent of the children enrolled in the program who have identified developmental delays, to address the delays; ``(iv) prepare a medical, dental, and developmental history for not less than 90 percent of the children who have been enrolled in the program for not less than 90 days; ``(v) conduct medical, vision, hearing, and dental screenings for not less than 90 percent of the children who have been enrolled in the program for not less than 90 days; ``(vi) conduct medical and dental examinations for not less than 90 percent of the children who have been enrolled in the program for not less than 6 months; ``(vii) provide necessary treatment to not less than 90 percent of the children with identified medical and dental needs who are enrolled in the program; and ``(viii) fully immunize, in accordance with Head Start guidelines, all of the children who have been enrolled in the program for not less than 90 days; ``(B)(i) prepare a family needs assessment, which utilizes a formal assessment tool and meets such specifications as the Secretary may require, for not less than 80 percent of the families of children enrolled in the program; ``(ii) prepare a family assistance plan, which outlines the specific measures to be taken by the staff of the Head Start agency and members of the family to meet the needs of the family, for not less than 75 percent of such families; ``(iii) provide assistance to not less than 75 percent of such families who have identified needs, to assist such families in meeting the goals and objectives of the family assistance plan; ``(iv) provide an opportunity to participate in a parenting skills program, or other assistance designed to improve parenting skills, to not less than 90 percent of such families who have identified needs related to parenting skills; ``(v) provide education and job skills assistance, including participation in literacy, job search, and other activities, to facilitate participation in appropriate education and job skills programs, to not less than 90 percent of families described in clause (i) who have identified needs for such assistance; and ``(vi) provide an opportunity to participate in volunteer activities related to the operation of the program, to not less than 75 percent of the parents of children enrolled in the program; and ``(C)(i) submit to the Secretary a written management plan specifying, at a minimum, the administrative procedures, classroom operations, job descriptions, salary schedules, staffing plan, and records management, of the Head Start agency; ``(ii) submit to the Secretary a written plan specifying the goals and activities of the agency, and measurable outcomes concerning, at a minimum-- ``(I) the staff to child ratios for classroom teachers, supervisory staff, support staff, social services staff, and other categories of center staff; ``(II) the outreach activities; ``(III) the facilities improvements; ``(IV) the enrollment; ``(V) the use of quality improvement funds; ``(VI) the inservice and preservice training for employees; ``(VII) the home visiting services; ``(VIII) the educational programming; ``(IX) the parent participation in activities; and ``(X) the program expansion, of the agency; ``(iii) implement a uniform recordkeeping system that meets such requirements as the Secretary may require with respect to information, including, at a minimum, education, developmental, health, social service, assessment, and special needs information, about the children, and the families of the children, enrolled in the program; ``(iv) increase, by 25 percent each year, the percentage of teachers providing services through the Head Start agency who are certified according to such criteria as the Secretary may determine to be appropriate, until all such teachers are so certified; ``(v) develop-- ``(I) a variety of volunteer opportunities for the parents of the children enrolled in the program, which shall include opportunities to participate in management of the Head Start agency, on advisory boards, or in providing classroom assistance, outreach, or support services; and ``(II) other mechanisms to encourage the participation of such parents; ``(vi) meet all applicable licensing standards for child care facilities in the State and community in which the Head Start agency is located; and ``(vii) transmit the exit assessments described in subparagraph (A)(ii) for not less than 75 percent of the children enrolled in the program-- ``(I) to the next elementary school in which such a child is enrolled; or ``(II) in the case of a child who is enrolled in a program under the Head Start Transition Project Act, to such program.''.

Head Start Quality Improvement Act - Amends the Head Start Act to increase the portions of specified funds which are to be set aside for: (1) quality improvement activities of program grantees; (2) activities under the Head Start Transition Project Act; and (3) program improvement activities (adding monitoring and incentive grants to the current training and technical assistance). Authorizes the Secretary of Health and Human Services to make program grants to designated Head Start agencies on a seven-year funding cycle (thus requiring existing agency reapplication and recompetition for subsequent grants and designations). Adds continuity of services to selection criteria. Requires an interim evaluation (including a site visit) of each designated agency at least once each year. Authorizes the Secretary to require an agency to correct program deficits, and requires provision of technical assistance for such purpose. Authorizes revocation of the agency's designation and grant if the problem is not corrected in that year, and provides for designation of and grants to another agency to serve the same community. Expands child eligibility criteria for program participation, allowing participation of families that would have been eligible within two years before. Revises notice, hearings, and appeals requirements and procedures. Adds requirements for program outcome measures.

Head Start Quality Improvement Act

SECTION 1. H-1B NONIMMIGRANT STATUS FOR CERTAIN ALIENS WHOSE EMPLOYERS MAKE SCHOLARSHIP DONATIONS FOR UNDERGRADUATE AND POST- GRADUATE EDUCATION. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 218 the following new section: ``h-1b nonimmigrant status for certain aliens whose employers make scholarship payments for undergraduate and postgraduate education ``Sec. 218A. (a) H-1B Status.--Notwithstanding section 214(g)(1)(A) and subject to subsection (c), during the period beginning on the date of the enactment of this Act and ending on September 30, 2012, the Secretary of Homeland Security may provide nonimmigrant status under section 101(a)(15)(H)(i)(b) to an alien who meets the requirements under subsection (b), if the employer petitioning under section 214(c) for the provision of such status makes a qualified scholarship payment for each year in which such status is held. ``(b) Eligibility.--An alien shall be eligible for a visa or the provision of H-1B nonimmigrant status under this section if the alien-- ``(1) disregarding section 214(g)(1)(A), meets all the requirements for an H-1B nonimmigrant; and ``(2) possesses a master's or Ph.D. degree from an institution of higher education in the United States (or an equivalent degree from an educational institution in a foreign country). ``(c) Numerical Limitation.--The total number of aliens who may be issued a visa or otherwise provided nonimmigrant status under this section may not exceed 65,000 during any fiscal year (beginning with fiscal year 2008 and ending with fiscal year 2012). Aliens issued a visa or otherwise provided nonimmigrant status under this section shall not be counted in applying the numerical limitations under section 214(g)(1)(A). ``(d) Use of Scholarship Funds by Institutions of Higher Education.--An institution of higher education that receives funds under subsection (a) shall use such funds only to provide scholarships administered by such institution to students enrolled full-time in programs of undergraduate and postgraduate study. Priority consideration in the award of such scholarships shall be given to citizens and permanent resident aliens. ``(e) Certification.--Not later than 15 days after receipt of a payment pursuant to this section, an institution of higher education shall certify the receipt of such payment to the Secretary of Homeland Security. ``(f) Deadlines.--A visa (or other appropriate documentation of status) under this section shall be issued-- ``(1) within 30 days of receipt of certification under subsection (e); and ``(2) in the case of an alien who received a degree described in subsection (b)(2) from an educational institution in a foreign country, within 30 days of receipt of a completed application and certification under subsection (e). ``(g) Definitions.--For purposes of this section: ``(1) H-1B nonimmigrant.--The term `H-1B nonimmigrant' has the meaning given such term in section 212(n)(4). ``(2) Institution of higher education.--The term `institution of higher education' means an educational institution in any State that meets all of the following criteria: ``(A) Admits as regular students only persons who have a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate. ``(B) Is legally authorized within such State to provide a program of education beyond secondary education. ``(C) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary of Education for the granting of preaccreditation status, and the Secretary of Education has determined that there are satisfactory assurances that the institution will meet the accreditation standards of such an agency or association within a reasonable time. ``(D) Provides an educational program for which the institution awards a bachelor's degree or provides a program that requires a bachelor's degree for admission. ``(E) Is a public or other nonprofit institution. ``(3) Qualified scholarship payment.--The term `qualified scholarship' payment means a payment to an institution of higher education in the United States in an amount which is equal to the then current maximum authorized Pell Grant award for each year under the Federal Pell Grants program authorized under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.).''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 218 the following: ``Sec. 218A. H-1B nonimmigrant status for certain aliens whose employers make scholarship payments for undergraduate and postgraduate education.''.

Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to provide (H-1B visa) nonimmigrant status for a specified number of aliens during each of FY2008-FY2012 with a master's or Ph.D. degree whose employers make qualified scholarship payments to institutions of higher education for undergraduate and postgraduate study. (Gives scholarship priority to citizens and permanent resident aliens.)

To amend the Immigration and Nationality Act to provide status in each of fiscal years 2008 through 2012 for 65,000 H-1B nonimmigrants who have a master's or Ph.D. degree and meet the requirements for such status and whose employers make scholarship payments to institutions of higher education for undergraduate and postgraduate education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Review EPA's Language on Agriculture and Thoroughly Engage with the Farm Act of 2013'' or the ``RELATE with the Farm Act of 2013''. SEC. 2. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE. (a) Review of Regulatory Agenda.--The Secretary of Agriculture shall review publications that may give notice that the Environmental Protection Agency is preparing or plans to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities, including-- (1) any regulatory agenda of the Environmental Protection Agency published pursuant to section 602 of title 5, United States Code; (2) any regulatory plan or agenda published by the Environmental Protection Agency or the Office of Management and Budget pursuant to an Executive order, including Executive Order 12866; and (3) any other publication issued by the Environmental Protection Agency or the Office of Management and Budget that may reasonably be foreseen to contain notice of plans by the Environmental Protection Agency to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. (b) Information Gathering.--For a publication item reviewed under subsection (a) that the Secretary determines may have a significant impact on a substantial number of agricultural entities, the Secretary shall-- (1) solicit from the Administrator of the Environmental Protection Agency any information the Administrator may provide to facilitate a review of the publication item; (2) utilize the Chief Economist of the Department of Agriculture to produce an economic impact statement for the publication item that contains a detailed estimate of potential costs to agricultural entities; (3) identify individuals representative of potentially affected agricultural entities for the purpose of obtaining advice and recommendations from such individuals about the potential impacts of the publication item; and (4) convene a review panel for analysis of the publication item that includes the Secretary, any full-time Federal employee of the Department of Agriculture appointed to the panel by the Secretary, and any employee of the Environmental Protection Agency or the Office of Information and Regulatory Affairs within the Office of Management and Budget that accepts an invitation from the Secretary to participate in the panel. (c) Duties of the Review Panel.--A review panel convened for a publication item under subsection (b)(4) shall-- (1) review any information or material obtained by the Secretary and prepared in connection with the publication item, including any draft proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect; (2) collect advice and recommendations from agricultural entity representatives identified by the Administrator after consultation with the Secretary; (3) compile and analyze such advice and recommendations; and (4) make recommendations to the Secretary based on the information gathered by the review panel or provided by agricultural entity representatives. (d) Comments.-- (1) In general.--Not later than 60 days after the date the Secretary convenes a review panel pursuant to subsection (b)(4), the Secretary shall submit to the Administrator comments on the planned or proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect for consideration and inclusion in any related administrative record, including-- (A) a report by the Secretary on the concerns of agricultural entities; (B) the findings of the review panel; (C) the findings of the Secretary, including any adopted findings of the review panel; and (D) recommendations of the Secretary. (2) Publication.--The Secretary shall publish the comments in the Federal Register and make the comments available to the public on the public Internet website of the Department of Agriculture. (e) Waivers.--The Secretary may waive initiation of the review panel under subsection (b)(4) as the Secretary determines appropriate. (f) Definition of Agricultural Entity.--In this section, the term ``agricultural entity'' means any entity involved in or related to agricultural enterprise, including enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries.

Review EPA's Language on Agriculture and Thoroughly Engage with the Farm Act of 2013 or the RELATE with the Farm Act of 2013 - Directs the Secretary of Agriculture (USDA) to review publications that may give notice that the Environmental Protection Agency (EPA) is preparing or plans to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item. Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation.

Review EPA's Language on Agriculture and Thoroughly Engage with the Farm Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Health Homes for Opioid- Use-Disorder Medicaid Enrollees Encouraged Act'' or the ``Medicaid Health HOME Act''. SEC. 2. EXTENSION OF ENHANCED FMAP FOR CERTAIN HEALTH HOMES FOR INDIVIDUALS WITH SUBSTANCE USE DISORDERS. Section 1945 of the Social Security Act (42 U.S.C. 1396w-4) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting ``subject to paragraph (4),'' after ``except that,''; and (B) by adding at the end the following new paragraph: ``(4) Special rule relating to substance use disorder health homes.-- ``(A) In general.--In the case of a State with an SUD-focused State plan amendment approved by the Secretary on or after October 1, 2018, the Secretary may, at the request of the State, extend the application of the Federal medical assistance percentage described in paragraph (1) to payments for the provision of health home services to SUD-eligible individuals under such State plan amendment, in addition to the first 8 fiscal year quarters the State plan amendment is in effect, for the subsequent 2 fiscal year quarters that the State plan amendment is in effect. Nothing in this section shall be construed as prohibiting a State with a State plan amendment that is approved under this section and that is not an SUD- focused State plan amendment from additionally having approved on or after such date an SUD-focused State plan amendment under this section, including for purposes of application of this paragraph. ``(B) Report requirements.--In the case of a State with an SUD-focused State plan amendment for which the application of the Federal medical assistance percentage has been extended under subparagraph (A), such State shall, at the end of the period of such State plan amendment, submit to the Secretary a report on the following, with respect to SUD-eligible individuals provided health home services under such State plan amendment: ``(i) The quality of health care provided to such individuals, with a focus on outcomes relevant to the recovery of each such individual. ``(ii) The access of such individuals to health care. ``(iii) The total expenditures of such individuals for health care. For purposes of this subparagraph, the Secretary shall specify all applicable measures for determining quality, access, and expenditures. ``(C) Best practices.--Not later than October 1, 2020, the Secretary shall make publicly available on the Internet website of the Centers for Medicare & Medicaid Services best practices for designing and implementing an SUD-focused State plan amendment, based on the experiences of States that have State plan amendments approved under this section that include SUD-eligible individuals. ``(D) Definitions.--For purposes of this paragraph: ``(i) SUD-eligible individuals.--The term `SUD-eligible individual' means, with respect to a State, an individual who satisfies all of the following: ``(I) The individual is an eligible individual with chronic conditions. ``(II) The individual is an individual with a substance use disorder. ``(III) The individual has not previously received health home services under any other State plan amendment approved for the State under this section by the Secretary. ``(ii) SUD-focused state plan amendment.-- The term `SUD-focused State plan amendment' means a State plan amendment under this section that is designed to provide health home services primarily to SUD-eligible individuals.''. SEC. 3. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE COVERAGE FOR MEDICATION-ASSISTED TREATMENT. (a) Requirement for State Medicaid Plans to Provide Coverage for Medication-assisted Treatment.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (28)'' and inserting ``(28), and (29)''. (b) Inclusion of Medication-assisted Treatment as Medical Assistance.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (28), by striking ``and'' at the end; (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following new paragraph: ``(29) subject to paragraph (2) of subsection (ee), for the period beginning October 1, 2020, and ending September 30, 2025, medication-assisted treatment (as defined in paragraph (1) of such subsection); and''. (c) Medication-assisted Treatment Defined; Waivers.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: ``(ee) Medication-assisted Treatment.-- ``(1) Definition.--For purposes of subsection (a)(29), the term `medication-assisted treatment'-- ``(A) means all drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), including methadone, and all biological products licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) to treat opioid use disorders; and ``(B) includes, with respect to the provision of such drugs and biological products, counseling services and behavioral therapy. ``(2) Exception.--The provisions of paragraph (29) of subsection (a) shall not apply with respect to a State for the period specified in such paragraph, if before the beginning of such period the State certifies to the satisfaction of the Secretary that implementing such provisions statewide for all individuals eligible to enroll in the State plan (or waiver of the State plan) would not be feasible by reason of a shortage of qualified providers of medication-assisted treatment, or facilities providing such treatment, that will contract with the State or a managed care entity with which the State has a contract under section 1903(m) or under section 1905(t)(3).''. (d) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to medical assistance provided on or after October 1, 2020, and before October 1, 2025. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. Amend the title so as to read: ``A bill to amend title XIX of the Social Security Act to provide for an extension of the enhanced FMAP for certain Medicaid health homes for individuals with substance use disorders, and to require States to include under their State Medicaid plans coverage for medication- assisted treatment.''.

Medicaid Health Homes for Opioid-Use-Disorder Medicaid Enrollees Encouraged Act or the Medicaid Health HOME Act This bill extends the enhanced federal matching rate for expenditures regarding substance-use disorder health-home services under Medicaid. The bill also temporarily requires coverage of medication-assisted treatment under Medicaid.

Medicaid Health Homes for Opioid-Use-Disorder Medicaid Enrollees Encouraged Act

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Capital Defense Counsel Standards Act of 2002''. SEC. 2. RIGHT TO LEGAL REPRESENTATION FOR INDIGENT DEFENDANTS. (a) Preconviction Representation.--Notwithstanding any other provision of law, a defendant in a criminal action in a State court, which may result in punishment by death, who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services at any time-- (1) before judgment; or (2) after the entry of a judgment imposing a sentence of death, but before the execution of that judgment; shall be entitled to the appointment of 1 or more attorneys and the furnishing of such other services in accordance with the provisions of this Act. (b) Postconviction Representation.--In a postconviction proceeding in which a defendant seeks to vacate or set aside a death sentence, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services shall be entitled to the appointment of 1 or more attorneys and the furnishing of such other services in accordance with the provisions of this Act. SEC. 3. MINIMUM EXPERIENCE REQUIRED FOR DEFENSE COUNSEL. (a) Prejudgment Appointment.-- (1) In general.--If the appointment of legal counsel under this Act is made before judgment, at least 1 attorney so appointed-- (A) must have been admitted to practice for not less than 5 years in the court in which the prosecution is to be tried; and (B) must have not less than 3 years experience in the actual trial of felony prosecutions in that court. (2) Judicial appointment.--The court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the request of the defendant, assign 2 attorneys to the case. (3) Expertise; accessibility.--At least 1 of the attorneys assigned under paragraph (2)-- (A) shall be learned in the law applicable to capital cases; and (B) shall have free access to the accused at all reasonable hours. (4) Recommendation.--In assigning counsel under this section, the court shall consider-- (A) the recommendation of the State public defender organization, community defender organization, or equivalent organization; or (B) if no such organization exists in the relevant jurisdiction, the administrative office of the local court or any governmental entity, bar association, or organization with knowledge regarding the skills and qualifications of local defense counsel. (5) Witnesses.--The court shall allow a defendant, under this Act, to produce lawful witnesses to testify in support of the defendant, and shall compel such witnesses to appear at trial in the same manner that witnesses are compelled to appear on behalf of the prosecution. (b) Postjudgment Appointment.--If the appointment is made after judgment, at least 1 attorney appointed shall-- (1) have been admitted to practice for not less than 5 years in the appropriate State appellate court; (2) have not less than 3 years experience in the handling of felony appeals in that court; and (3) be learned in the law applicable to capital cases. (c) Learned Standard.--In determining whether an attorney is learned in the law of capital cases under this section, the State court shall apply the standard used in the courts of the United States. SEC. 4. ADEQUATE REPRESENTATION. (a) Appointment of Substitute Counsel.--With respect to this section, the court, for good cause, may appoint another attorney whose background, knowledge, or experience would otherwise enable the attorney to properly represent the defendant, with due consideration to the seriousness of the possible penalty and to the unique and complex nature of the litigation. (b) Scope of Legal Representation.--Unless replaced by similarly qualified counsel upon the motion of the attorney or the defendant, each attorney appointed under this Act shall represent the defendant throughout every stage of available judicial proceedings, including-- (1) pretrial motions and procedures; (2) competency proceedings; (3) trial; (4) sentencing; (5) executive and other clemency proceedings; (6) motions for new trial; (7) appeals; (8) applications for stays of execution; and (9) applications for writ of certiorari to the Supreme Court of the United States. (c) Additional Services.-- (1) In general.--Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the attorneys for the defendant to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses for such services pursuant to section 5. (2) Ex parte communications.--No ex parte proceeding, communication, or request may be considered under this section unless a proper showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review. SEC. 5. ATTORNEY FEES AND COSTS. (a) Attorney Fees.--Compensation shall be paid to attorneys appointed under this Act at a rate equivalent to that of attorneys representing defendants in Federal capital cases under section 408(q)(10)(A) of the Controlled Substances Act (21 U.S.C. 848(q)(10)(A)). (b) Additional Expenses.--Fees and expenses paid for investigative, expert, and other reasonably necessary services authorized under this section shall be equivalent to fees paid in Federal capital cases under section 408(q)(10)(B) of the Controlled Substances Act (21 U.S.C. 848(q)(10)(B)). (c) Public Disclosure.--The amounts paid for services under this section shall be disclosed to the public, after the disposition of the petition. SEC. 6. IRREBUTTABLE PRESUMPTION OF DEFICIENT PERFORMANCE. (a) In General.--In a proceeding in Federal court under section 2254 of title 28, United States Code, the failure to comply with the procedures of this Act shall create an irrebuttable presumption that the performance of the counsel for the petitioner was deficient. (b) Entitlement to Relief; Burden of Proof; Standard of Review.--A petitioner is not entitled to relief unless the petitioner shows that the result of the proceeding would have been different if the performance of the counsel for the petitioner had not been deficient. The party opposing the petition has the burden of establishing that the standards in this section have been met. The court shall conduct a de novo review to settle this issue. (c) Other Remedies.--The provisions of this section are not intended to limit any other Federal or State court from enforcing this section by any other appropriate remedy.

Capital Defense Counsel Standards Act of 2002 - Entitles a defendant in a State capital case who is financially unable to obtain adequate representation or investigative, expert, or other necessary services before or after judgment or in a post-conviction proceeding to appointment of one or more attorneys and provision of such services.Sets forth minimum experience requirements for prejudgment and post-judgment appointed attorneys, including five years of practice in the court in which the prosecution is to be tried or in the appellate court, three years of experience in the actual trial of felony prosecutions or in the handling of felony appeals, and being learned in the law applicable to capital cases.Requires each appointed attorney, unless replaced by similarly qualified counsel, to represent the defendant throughout every stage of available judicial proceedings.Sets forth provisions regarding ex parte communications and attorney fees and costs.Declares that failure in a Federal court proceeding to comply with this Act's procedures creates an irrebuttable presumption that the performance of petitioner's counsel was deficient. Denies a petitioner relief unless he or she shows that the result of the proceeding would have been different if such performance had not been deficient.

A bill to ensure that indigent death penalty defendants in State courts receive adequate legal representation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Men's Health Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Risks to the health and well-being of America's men are on the rise due to a lack of education, awareness, and pursuit of preventative screening and care. (2) While this health crisis is of particular concern to men, it is also a concern for women regarding their fathers, husbands, sons, and brothers. (3) Men's health is a concern for employers who pay the costs of medical care, and lose productive employees. (4) Men's health is a concern to Federal and State governments which absorb the enormous costs of premature death and disability, including the costs of caring for dependents left behind. (5) The life expectancy gap between men and women has increased from one year in 1920 to almost six years in 2002. (6) Prostate cancer is the most frequently diagnosed cancer in the United States among men, accounting for 33 percent of all cancer cases. (7) An estimated 230,000 men will be newly diagnosed with prostate cancer this year alone, and approximately 30,000 will die. (8) Prostate cancer rates increase sharply with age, and more than 75 percent of such cases are diagnosed in men age 65 and older. (9) The incidence of prostate cancer and the resulting mortality rate in African American men is twice that in white men. (10) It is estimated that in 2007, 115,000 men will be diagnosed with lung cancer, and another 90,000 of America's men will die from lung cancer. (11) Over 8,000 men, ages 15 to 40, will be diagnosed this year with testicular cancer, and 390 of these men will die of this disease in 2007. A common reason for delay in treatment of this disease is a delay in seeking medical attention after discovering a testicular mass. (12) Studies show that women are 100 percent more likely than men to visit a doctor, have regular physician check-ups, and obtain preventive screening tests for serious diseases. (13) Appropriate use of tests such as prostate specific antigen (PSA) exams and blood pressure, blood sugar, and cholesterol screens, in conjunction with clinical exams and self-testing, can result in the early detection of many problems and in increased survival rates. (14) According to the Census Bureau, by the time men and women reach age 65, the ratio of men to women reduces to 85 to 100. The growing disparity in this statistic suggests that among other factors, the declining health of men increases the risk of women entering retirement age as widows. (15) Educating men, their families, and health care providers about the importance of early detection of male health problems can result in reducing rates of mortality for male-specific diseases, as well as improve the health of America's men and its overall economic well-being. (16) Recent scientific studies have shown that regular medical exams, preventive screenings, regular exercise, and healthy eating habits can help save lives. (17) Establishing an Office of Men's Health is needed to investigate these findings and take such further actions as may be needed to promote men's health. SEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH. (a) In General.--Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following section: ``SEC. 1711. OFFICE OF MEN'S HEALTH. ``(a) In General.--The Secretary shall establish within the Department of Health and Human Services an office to be known as the Office of Men's Health, which shall be headed by a director appointed by the Secretary. The Secretary, acting through the Director of the Office, shall coordinate and promote the status of men's health in the United States. ``(b) Activities.--The Secretary, acting through the Director of the Office, shall-- ``(1) conduct or support programs and activities to improve the state of men's health in the United States; and ``(2) provide for consultation among offices and agencies of the Department of Health and Human Services for the purpose of coordinating programs and activities relating to men's health.''. (b) Report.--Not later than two years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Office of Men's Health, shall submit to the Congress a report describing the activities of such Office, including findings that the Director has made regarding men's health.

Men's Health Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health to coordinate and promote the status of men's health in the United States. Requires the Secretary, acting through the Director of the Office, to: (1) conduct or support programs and activities to improve the state of men's health; and (2) provide for consultation among HHS offices and agencies to coordinate programs and activities relating to men's health.

A bill to amend the Public Health Service Act to establish an Office of Men's Health.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the September 11, 2001, attack on the World Trade Center represented the single greatest act of terrorism perpetrated against the United States; (2) the Federal Government has responded quickly and provided many of the necessary resources to begin the rebuilding process in New York City, New York; (3) September 11, 2001, had a damaging impact on the 1,100,000 students, 137,000 staff members (consisting of superintendents, principals, teachers, administrators, and staff), and millions of members of families serving or served by the New York City public schools (referred to in this subsection as the ``NYCPS'') community; (4) more than 1,500 students and 800 staff members lost a family member or loved one as a result of the disaster; (5)(A) faculty and staff of the NYCPS reacted with extraordinary calm, grace, and bravery to evacuate all children and ensure that each child in their care was safe; and (B) their diligence prevented even a single injury from occurring in the midst of unprecedented mayhem; (6) the Chancellor of the New York City Board of Education, members of school boards, principals, assistant principals, teachers, and counselors-- (A) worked tirelessly after the event to ensure that schools resumed classes and returned to their regular school schedule as soon as possible; and (B) worked aggressively to restore a safe, supportive school environment and to regain normalcy and stability throughout the entire school system; (7) the closure of certain bridges and tunnels to Manhattan, New York City, New York, in the aftermath of the disaster, affected not only Manhattan-resident students but also approximately 50,000 students (a population that exceeds the citywide student enrollments of the school districts of each of the cities of Atlanta, Georgia, Oakland, California, Minneapolis, Minnesota, and Seattle, Washington) from other boroughs who attend school in Manhattan and were affected by travel disruptions and lost instructional time; (8)(A) extended classroom instruction is needed for all students who lost valuable lesson time as a result of the September 11, 2001, terrorist attack; (B) without that extra help, student performance on high- stakes standardized tests may suffer; and (C) failure to prepare students adequately for State and city examinations will-- (i) increase the risk that those students will have to repeat a grade; and (ii) further strain the already limited resources of the school system; (9) a recent study commissioned by the New York City Board of Education and conducted by Applied Research and Consulting and the Columbia University School of Public Health-- (A) found profound effects since September 11, 2001, on the mental health of schoolchildren across New York City, New York, not just those in close proximity to Ground Zero; and (B) found that-- (i) more than a fourth of New York City schoolchildren surveyed in the 4th through 12th grades are suffering from at least 1 trauma- related disorder in the wake of the attack on the World Trade Center; and (ii) those disorders include major depression (8.4 percent), post-traumatic stress (10.5 percent), agoraphobia (15 percent), separation anxiety (12.3 percent), acting out (10.9 percent), general anxiety (10.3 percent), and panic anxiety (9.3 percent); (10) based on the findings of that study, the NYCPS need additional resources for mental health and trauma counseling and other appropriate support services to meet the mental health needs of students affected by the single worst terrorist attack in United States history; (11)(A) the NYCPS system incurred significant costs as a result of the terrorist attack, including-- (i) cleanup and repair costs; (ii) costs relating to loss of textbooks and classroom supplies; and (iii) costs relating to transportation and food revenue losses; and (B) the Federal Emergency Management Agency and other Federal agencies have yet to provide adequate resources to address those significant costs; (12)(A) the Federal Government provided resources to the school systems of Miami-Dade, Florida, Los Angeles, California, and Columbine, Colorado, after those systems incurred extraordinary expenses resulting from a traumatic event or disaster; and (B) the Federal Government needs to partner with the NYCPS system to ensure that the system receives similar Federal assistance in the wake of the September 11 tragedy; and (13)(A) on September 11, 2001, the President instructed the Federal Emergency Management Agency to do whatever it takes to help those affected by the terrorist attack; and (B) the Federal Emergency Management Agency needs to commit to ensuring that the President's instruction is carried out. (b) Purpose.--The purpose of this Act is to ensure that the Federal Emergency Management Agency has the authority and direction to provide necessary resources to the New York City public school system-- (1) to meet any extraordinary expenses resulting from the terrorist attack of September 11, 2001; and (2) to prevent any of the resulting financial losses from infringing on the ability of the system to provide all public elementary school and secondary school students of New York City, New York, with a fair and equal opportunity to obtain a high-quality education. SEC. 2. USE OF FUNDS. (a) In General.--From the amounts appropriated to the Federal Emergency Management Agency for fiscal year 2002, $161,000,000 may be used to compensate the New York City Board of Education for additional operating and education-related expenses that-- (1) were incurred for the provision of services to public elementary school and secondary school students; (2) were incurred for the period beginning September 11, 2001, and ending December 31, 2002; and (3) resulted from the terrorist attack on New York City, New York, on September 11, 2001. (b) Expenses.--Expenses that may be compensated under subsection (a) include, at a minimum, the costs of-- (1) providing additional classroom instruction time and related activities to students who lost instructional time as a result of the terrorist attack; (2) providing mental health and trauma counseling and other appropriate support services to students suffering from trauma- related disorders resulting from the terrorist attack on New York City on September 11, 2001; (3) providing guidance, grief counseling, and mental health services for students and school staff members, including providing overtime payments for counselors and mental health professionals; (4) providing cleanup and structural inspections and repairs of school facilities; (5) reimbursement for textbooks and other school supplies and equipment used to support the relocation of students from schools in the Lower Manhattan area of New York City, New York; (6) relocating students, including-- (A) transportation of students relocated from the schools that the students attended at the beginning of the 2002-2003 school year to temporary school facilities; and (B) reimbursement for the amount expended for the daily rate of bus service paid by the New York City Board of Education for that transportation; and (7) reimbursement for-- (A) loss of perishable food stock; and (B) revenue lost from food services.

Authorizes use of certain funds appropriated to the Federal Emergency Management Agency to compensate the New York City Board of Education for operating and education-related expenses of New York City public schools, including mental health and trauma counseling and other appropriate support services, resulting from the terrorist attack on September 11, 2001.

A bill to authorize the use of certain funds to compensate New York City public schools for operating and education-related expenses (including expenses relating to the provision of mental health and trauma counseling and other appropriate support services) resulting from the terrorist attack on that city on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Witness Assistance Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Witness and victim intimidation at the juvenile and young adult level is a serious, growing concern for State and local prosecutors and law enforcement agencies. (2) Each year, thousands of young people witness violent crimes such as assaults, robbery, homicide, domestic violence, and sexual abuse. (3) In many cases, the lack of juvenile and young adult witness participation has seriously impeded efforts to bring violent perpetrators to justice. (4) Prosecutors and police officers have become increasingly frustrated by their inability to prosecute cases successfully when young witnesses refuse to testify because they fear retaliation by the defendant, or the defendant's family or friends. (5) Factors that contribute to the reluctance of young witnesses to step forward include-- (A) the fear and trauma associated with witnessing a violent crime; (B) a personal connection with the perpetrator or their associates; (C) geographic proximity to the perpetrator; and (D) membership in a culturally vulnerable group. (6) The cooperation and participation of young victims and witnesses in the criminal justice process, from crime reporting through prosecution, are essential to the successful operation of the criminal justice system. (7) Though most States have witness assistance programs, very few, if any, have adequate resources to address the unique needs associated with juvenile and young adult witnesses. (b) Purpose.--The purpose of this Act is to encourage and promote the creation and development of policies and programs by State and local prosecutors and law enforcement authorities that provide assistance to juvenile and young adult witnesses who cooperate with efforts to bring violent criminals to justice. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Justice Assistance. (2) Juvenile.--The term ``juvenile'' means an individual who is 17 years of age or younger. (3) Young adult.--The term ``young adult'' means an individual who is between the ages of 18 and 21. (4) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. SEC. 4. PROGRAM AUTHORIZATION. The Director may make grants to State and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs, including State and local prosecutors and law enforcement agencies that have existing juvenile and adult witness assistance programs. SEC. 5. ELIGIBILITY. To be eligible to receive a grant under this Act, State and local prosecutors and law enforcement officials shall-- (1) submit an application to the Director in such form and containing such information as the Director may reasonably require; and (2) give assurances that each applicant has developed, or is in the process of developing, a witness assistance program that specifically targets the unique needs of juvenile and young adult witnesses and their families. SEC. 6. USE OF FUNDS. Grants made available under this Act may be used-- (1) to assess the needs of juvenile and young adult witnesses; (2) to develop appropriate program goals and objectives; and (3) to develop and administer a variety of witness assistance services, which includes-- (A) counseling services to young witnesses dealing with trauma associated in witnessing a violent crime; (B) pre- and post-trial assistance for the youth and their family; (C) providing education services if the child is removed from or changes their school for safety concerns; (D) protective services for young witnesses and their families when a serious threat of harm from the perpetrators or their associates is made; and (E) community outreach and school-based initiatives that stimulate and maintain public awareness and support. SEC. 7. REPORTS. (a) Report.--State and local prosecutors and law enforcement agencies that receive funds under this Act shall submit to the Director a report not later than May 1st of each year in which grants are made available under this Act. Reports shall describe progress achieved in carrying out the purpose of this Act. (b) Report to Congress.--The Director shall submit to Congress a report by July 1st of each year which contains a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants, and an evaluation of programs established under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2002, 2003, and 2004.

Young Witness Assistance Act of 2001 - Authorizes the Director of the Bureau of Justice Assistance to make grants to State and local prosecutors and law enforcement agencies in support of juvenile (17 years of age or younger) and young adult (between 18 and 21 years of age) witness assistance programs. Authorizes grant funds to be used, among other things, for: (1) counseling services to young witnesses of a violent crime; and (2) protective services for young witnesses and their families when a serious threat of harm is made from perpetrators or their associates.

To provide grants to assist State and local prosecutors and law enforcement agencies with implementing juvenile and young adult witness assistance programs that minimize additional trauma to the witness and improve the chances of successful criminal prosecution or legal action.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation Act of 2008''. SEC. 2. AFFORDABLE HOUSING PRESERVATION PILOT PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a pilot program under which funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to a preservation entity. (b) Purpose.--The purpose of the pilot program established under this section is to facilitate the transfer of multifamily housing projects with expiring section 8 housing assistance payments contracts to preservation entities that are committed to maintaining the affordability and preservation of such projects by allowing expanded access to existing residual receipts to assist with the acquisition and rehabilitation of the project. (c) Use of Funds.--A preservation entity that acquires an eligible multifamily housing property through a qualified sale or exchange shall use the funds in the residual receipts account transferred to it-- (1) to pay for rehabilitation costs approved by the housing agency; (2) to deposit funds into the replacement reserve account of the property; (3) to pay for social and other services that directly benefit the tenants of such property, but in any 1 year such payments may not exceed 10 percent of the balance of the residual receipts account of the property at the end of the prior fiscal year; (4) to pay for costs associated with the acquisition of the property, but such payments may not exceed 50 percent of the amount in the residual receipts account of the property at the time of acquisition; and (5) to pay for any other costs that have been approved by the housing agency and will directly benefit the tenants of the property. (d) Responsibilities of the Secretary.--The Secretary of Housing and Urban Development, or his or her designee, shall-- (1) determine whether the plan for rehabilitation and operation of a preservation entity-- (A) maintains and restores the decent, safe, and sanitary condition of the eligible multifamily housing property; and (B) is viable for not less than 30 years; and (2) monitor the affordability and use restrictions for the eligible multifamily housing property. (e) Penalty for Noncompliance.--If the Secretary of Housing and Urban Development determines that all or a portion of an eligible multifamily housing property acquired by a preservation entity under this section is not in compliance with the requirements of this section, the preservation entity shall reimburse the Secretary an amount equal to the amount originally transferred from the residual receipts account at the time of acquisition, less the product of 3.33 percent of such amount, multiplied by the number of years after the qualified sale or exchange that the property was in compliance with the requirements of this section. (f) Designation.--The Secretary shall, not later than 6 months after the date of enactment of this Act, designate not less than 3 States in which the program established under this section shall be carried out. In selecting the States in which to carry out the program, the Secretary shall-- (1) consider States with the greatest number of units receiving project-based housing assistance payments under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) where such units are located in active multifamily housing projects whose section 8 housing assistance payments contracts are set to expire between fiscal years 2009 and fiscal years 2011; (2) consider States with eligible multifamily housing properties that have residual receipt account balances that can provide a meaningful preservation resource; (3) aim for a regionally diverse sample of States; and (4) consider the extent to which market forces may drive the conversion of eligible low-income housing to market-based rents. (g) Report to Congress.-- (1) Timing of report.--Not later than 3 years after the initiation of the pilot program established under this section, the Secretary of Housing and Urban Development shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Content of report.--The report required under paragraph (1) shall include an analysis of-- (A) the effectiveness of expanding the use of amounts in the residual receipts accounts of eligible multifamily housing properties to include preservation activities; and (B) which States or regions of the United States could most benefit from the expansion of such eligible uses. (h) Effective Date.--This section shall apply to qualified sales or exchanges made during the period beginning December 31, 2007 and ending December 31, 2013. (i) Definitions.--In this section, the following definitions shall apply: (1) Affordability and use restrictions.--The term ``affordability and use restrictions'' means the affordability and use restrictions in connection with project-based housing assistance payments made under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (2) Extended use period.--The term ``extended use period'' means the period beginning on the date of sale and ending on the earlier of-- (A) 30 years after the close of the sale; or (B) the date that the property is acquired by foreclosure (or instrument in lieu of foreclosure). (3) Eligible multifamily housing property.--The term ``eligible multifamily housing property'' means a project that-- (A) is receiving project-based housing assistance payments under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and (B) was financed pursuant to part 883 of title 24, Code of Federal Regulations, on or after February 29, 1980. (4) Housing agency.--The term ``housing agency'' means, with respect to any eligible multifamily housing property, the housing agency which administers housing assistance with respect to such property. (5) Preservation entity.--The term ``preservation entity'' means a housing agency, organization, or entity (for profit or nonprofit) approved by the Secretary of Housing and Urban Development, or his or her designee, that has the capacity and commitment to successfully acquire and preserve an eligible multifamily housing property. (6) Qualified sale or exchange.-- (A) In general.--The term ``qualified sale or exchange'' means the sale of an eligible multifamily housing property to, or an exchange of such property with, a preservation entity which agrees to maintain affordability and use restrictions regarding the property that are-- (i) for a term of not less than the extended use period; and (ii) legally enforceable. (B) Future applicability of restrictions.--The restrictions under subparagraph (A) shall be-- (i) binding on all successors of the preservation entity; and (ii) recorded as a restrictive covenant on the property pursuant to State law. (C) Certification by program administrator.--The term ``qualified sale or exchange'' shall not include any sale or exchange of property unless the housing agency certifies that-- (i) the transferee with respect to such property is a preservation entity; (ii) affordability and use restrictions will be maintained with respect to such property during the extended use period; and (iii) new capital will be expended that-- (I) maintains or restores the decent, safe, and sanitary condition of the property; and (II) funds adequate reserves. (7) Residual receipts.--The term ``residual receipts'' means funds generated by a property in excess of the amount needed for operating expenses, operating reserve requirements, and allowable distributions to project owners. (j) Residual Receipts Not Treated as Federal Funds.--For the purposes of section 42 of the Internal Revenue Code of 1986, residual receipts used pursuant to the pilot program established under this section shall not be considered Federal funds.

Affordable Housing Preservation Act of 2008 - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program under which funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities to facilitate the transfer of multifamily housing projects with expiring section 8 housing assistance payments contracts under the United States Housing Act of 1937. Defines "preservation entity" as a HUD-approved housing agency, organization, or entity (for profit or nonprofit) that has the capacity and commitment to successfully acquire and preserve an eligible multifamily housing property. Requires the Secretary to: (1) determine whether the preservation entity's plan for rehabilitation and operation maintains and restores the decent, safe, and sanitary condition of the eligible multifamily housing property, and is viable for at least 30 years; and (2) monitor the affordability and use restrictions for the property. Imposes penalties on preservation entities for noncompliance with this Act. Requires the Secretary to designate at least three states to participate in the pilot program. States that grants shall be used to: (1) pay for rehabilitation costs approved by the housing agency; (2) deposit funds into the property's replacement reserve account; and (3) pay for social and other services that directly benefit the tenants of such property, its associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants.

A bill to establish a pilot program to preserve affordable housing options for low-income individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Train the Future Act''. SEC. 2. ENCOURAGING MENTORS TO TRAIN THE FUTURE. (a) Early Distributions From Qualified Retirement Plans.--Section 72(t)(2) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)-- (A) by striking ``or'' at the end of clause (vii); (B) by striking the period at the end of clause (viii) and inserting ``, or''; and (C) by adding at the end the following new clause: ``(ix) made to an employee who is serving as a mentor.''; and (2) by adding at the end the following new subparagraph: ``(H) Distributions to mentors.--For purposes of this paragraph, the term `mentor' means an individual who-- ``(i) has attained 55 years of age, ``(ii) is not separated from their employment with a company, corporation, or institution of higher education, ``(iii) in accordance with such requirements and standards as the Secretary determines to be necessary, has substantially reduced their hours of employment with their employer, with the individual to be engaged in mentoring activities described in clause (iv) for not less than 20 percent of the hours of employment after such reduction, and ``(iv) is responsible for the training and education of employees or students in an area of expertise for which the individual has a professional credential, certificate, or degree.''. (b) Distributions During Working Retirement.--Paragraph (36) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(36) Distributions during working retirement.-- ``(A) In general.--A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who-- ``(i) has attained age 62 and who is not separated from employment at the time of such distribution, or ``(ii) subject to subparagraph (B), is serving as a mentor (as such term is defined in section 72(t)(2)(H)). ``(B) Limitation on distributions to mentors.--For purposes of subparagraph (A)(ii), the amount of the distribution made to an employee who is serving as a mentor shall not be greater than the amount equal to the product obtained by multiplying-- ``(i) the amount of the distribution that would have been payable to the employee if such employee had separated from employment instead of reducing their hours of employment with their employer and engaging in mentoring activities, in accordance with clauses (iii) and (iv) of section 72(t)(2)(H), by ``(ii) the percentage equal to the quotient obtained by dividing-- ``(I) the sum of-- ``(aa) the number of hours per pay period by which the employee's hours of employment are reduced, and ``(bb) the number of hours of employment that such employee is engaging in mentoring activities, by ``(II) the total number of hours per pay period worked by the employee before such reduction in hours of employment.''. (c) ERISA.--Subparagraph (A) of section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by striking the period at the end and inserting the following: ``, or solely because such distribution is made to an employee who is serving as a mentor (as such term is defined in section 72(t)(2)(H) of the Internal Revenue Code of 1986).''. (d) Application.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2015.

Train the Future Act This bill amends the Internal Revenue Code to allow an early distribution, without penalty, from a qualified retirement plan to an employee who is serving as a mentor. The bill defines "mentor" as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree.

Train the Future Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Labor Relations Board Reform Act''. SEC. 2. NATIONAL LABOR RELATIONS BOARD. (a) Composition; Terms.--Section 3(a) of the National Labor Relations Act (29 U.S.C. 153(a)) is amended-- (1) in the first sentence-- (A) by striking ``prior to its amendment by the National Labor Management Relations Act, 1947,'' and inserting ``prior to its amendment by the National Labor Relations Board Reform Act''; (B) by striking ``five instead of three members'' and inserting ``6 instead of 5 members''; and (C) by striking ``appointed by the President by and with the advice and consent of the Senate'' and inserting ``appointed by the President, after consultation with the leader of the Senate representing the party opposing the party of the President, by and with the advice and consent of the Senate''; (2) by striking the second sentence and inserting the following: ``The sixth member added by the first sentence of this section shall be appointed for a term that expires on the day before the first date on which a full term of another member of the Board commences that is after the date of enactment of the National Labor Relations Board Reform Act. Of the 6 members, there shall be 3 members representing each of the 2 major political parties and, beginning on January 1, 2020, each of the 2 members of the Board whose terms expire on the same date, as established under subsection (e), shall represent a different major political party.''; and (3) in the fourth sentence (including the amendment made by paragraph (2))-- (A) by striking ``Their successors, and the successors of the other members,'' and inserting ``The successor of such sixth member, and the successors of the other members,''; (B) by inserting ``(except as otherwise provided during the transition period under subsection (e))'' after ``each''; and (C) by striking ``he'' and inserting ``the individual''. (b) Authority.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended-- (1) in the first sentence-- (A) by striking ``three or more'' and inserting ``4 or more''; and (B) by inserting before the period the following: ``, with such group consisting of an equal number of members representing each major political party''; and (2) in the third sentence-- (A) by striking ``three members'' and inserting ``4 members''; and (B) by striking ``Board, except that'' and all that follows through ``hereof.'' and inserting the following: ``Board. Any determination of the Board shall be approved by a majority of the members present.''. (c) Transition to Improved Staggered Terms.--Section 3 of the National Labor Relations Act (29 U.S.C. 153) is further amended by adding at the end the following: ``(e) Transition to Improved Staggered Terms.--Notwithstanding subsection (a) or any other provision of this Act-- ``(1) each term of a member of the Board appointed after the date of enactment of the National Labor Relations Board Reform Act and before December 31, 2019, shall terminate on December 31, 2019, or the date on which the term otherwise expires, whichever is earlier, and new terms for all 6 members of the Board shall begin on January 1, 2020; and ``(2) of the 6 members of the Board who are appointed for the terms beginning on January 1, 2020-- ``(A) 2 of the members shall be appointed for terms ending on December 31, 2021; ``(B) 2 of the members shall be appointed for terms ending on December 31, 2023; and ``(C) 2 of the members shall be appointed for terms ending on December 31, 2024.''. SEC. 3. GENERAL COUNSEL. (a) Review of General Counsel Decisions.--Section 3 of the National Labor Relations Act (29 U.S.C. 153), as amended by section 2, is further amended-- (1) in subsection (d)-- (A) in the second sentence, by striking ``trial examiners'' and inserting ``administrative law judges''; and (B) in the third sentence, by striking ``He shall'' and inserting ``Subject to subsection (f), the General Counsel shall''; and (2) by adding at the end the following: ``(f) Review of General Counsel Complaints.-- ``(1) In general.--Any person subject to a complaint that is issued or authorized by the General Counsel under subsection (d) may obtain review of the complaint in any district court of the United States in the judicial district wherein the unfair labor practice in question was alleged to have occurred, wherein such person resides or transacts business, or in the United States District Court for the District of Columbia, by filing in such court, not later than 30 days after such issuance or authorization, a written petition for review of the complaint. The court may prohibit any further proceedings relating to such complaint if the court determines that the General Counsel does not have substantial evidence that such person has violated this Act. ``(2) Discovery.--Any party to a complaint under paragraph (1) may file a request to the General Counsel to obtain any advice memorandum prepared by an attorney of the Division of Advice of the Office of the General Counsel, any internal memorandum of the Office of the General Counsel, or any other inter-agency or intra-agency memorandum or letter described in section 552(b)(5) of title 5, United States Code, related to the complaint. Not later than 10 days after the filing of such request, the General Counsel shall provide such party the requested memorandum or letter.''. (b) Salary.--Section 4(a) of the National Labor Relations Act (29 U.S.C. 154(a)) is amended-- (1) in the first sentence, by striking ``shall receive a salary of $12,000 a year,'' and inserting ``shall be compensated at a level equivalent to level IV of the Executive Schedule, in accordance with section 5315 of title 5, United States Code. The Chairman of the Board shall be compensated at a level equivalent to level III of the Executive Schedule, in accordance with section 5314 of title 5, United States Code. Each member of the Board, the General Counsel, and the Chairman''; (2) in the fourth sentence, including the amendment made by paragraph (1), by striking ``examiners'' and inserting ``administrative law judges''; and (3) in the sixth sentence, including the amendment made by paragraph (1)-- (A) by striking ``trial examiner's report'' and inserting ``report of an administrative law judge''; and (B) by striking ``trial examiner shall advise'' and inserting ``administrative law judge shall advise''. SEC. 4. FINAL ORDERS; DISCHARGE. Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended-- (1) in subsection (c)-- (A) by striking ``before an examiner or examiners thereof'' and inserting ``before an administrative law judge or administrative law judges thereof''; and (B) by striking ``such examiner or examiners'' and inserting ``such judge or judges''; and (2) in subsection (d)-- (A) by inserting ``or the Board has issued a final order'' after ``have been filed in a court''; (B) by striking ``at any time upon reasonable notice'' and inserting ``, not later than 1 year after the submission of a report of an administrative law judge, or a decision of a regional director, pertaining to such case or order, upon reasonable notice,''; and (C) by adding at the end the following: ``The Board shall issue a final order reviewing an appeal of a report of an administrative law judge or decision of a regional director filed within 1 year after such report or decision. If the Board does not issue a final order within 1 year after the report of an administrative law judge or decision of a regional director, any party to the case may move to discharge the case. Upon such motion, the report of the administrative law judge or decision of the regional director shall be deemed to be a final agency action and the Board may not take further action on the matter under subchapter II of chapter 5 of title 5, United States Code. Any party to the case may obtain review of the order of the Board in any court of appeals of the United States in the circuit wherein the unfair labor practice in question was alleged to have occurred, wherein such person resides or transacts business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, not later than 60 days after the issuance of the order, a written petition for the court to modify or set aside the order. The court shall review the order de novo.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS TO FURTHER EFFECTIVE GOVERNMENT. The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 20. AUTHORIZATION OF APPROPRIATIONS TO FURTHER EFFECTIVE GOVERNMENT. ``(a) 2-Year Deadline.--If, 2 years after the date of enactment of the National Labor Relations Board Reform Act, the Board has failed to issue a final order, in accordance with section 10(d), on more than 90 percent of the cases pending on (or filed on or after) such date of enactment, then the amount authorized to be appropriated to carry out this Act for each of the succeeding 2 fiscal years shall be 80 percent of the average amount so authorized for the prior 2 fiscal years. ``(b) 4-Year Deadline.--If, 4 years after the date of enactment of the National Labor Relations Board Reform Act, the Board has failed to issue a final order, in accordance with section 10(d), on more than 90 percent of the cases pending on (or filed on or after) the date that is 2 years after the date of such enactment, then the amount authorized to be appropriated to carry out this Act for each succeeding fiscal year shall remain the amount so appropriated for the fiscal year that is 4 years after the date of such enactment.''.

National Labor Relations Board Reform Act Amends the National Labor Relations Act to revise requirements with respect to the National Labor Relations Board (NLRB), the Office of the General Counsel (OGC), and the process for appellate review. Increases NLRB membership from five to six. Requires three members to represent each of the two major political parties and, beginning January 1, 2020, each of the two members whose terms expire on the same date to represent a different major political party. Requires: (1) four NLRB members to constitute a quorum at all times, and (2) any NLRB determination to be approved by a majority of the members present. Specifies tenure, including staggered terms, of NLRB members. Sets forth judicial review procedures for any person subject to a complaint issued or authorized by the OGC. Sets the compensation rate for each NLRB member, in addition to the OGC, at level IV of the Executive Schedule and the Chairman of the NLRB, as under current law, at level III. Requires the NLRB to issue a final order reviewing an appeal of a report of an administrative law judge or decision of a regional director within one year after the report or decision; but if the NLRB does not issue a final order within that time, allows any party to the case to move to discharge it. Deems, upon such a motion, the report or the decision to be a final agency action. Prohibits the NLRB from taking further action on the matter. Reduces authorized appropriations to carry out the Act for each of the succeeding two fiscal years to 80% of the average amount authorized for the prior two fiscal years if, two years after enactment of this Act, the NLRB has failed to issue a final order on more than 90% of the cases pending on (or filed on or after) the date of enactment. Extends such reduced authorization of appropriations if after four years the NLRB has failed to issue a final order on more than 90% of the cases pending on (or filed on or after) the date that is two years after the date of enactment of this Act.

National Labor Relations Board Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity in Representation Act of 2004''. SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN HOUSE IN EXTRAORDINARY CIRCUMSTANCES. Section 26 of the Revised Statutes of the United States (2 U.S.C. 8) is amended-- (1) by striking ``The time'' and inserting ``(a) In General.--Except as provided in subsection (b), the time''; and (2) by adding at the end the following new subsection: ``(b) Special Rules in Extraordinary Circumstances.-- ``(1) In general.--In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election. ``(2) Timing of special election.--A special election held under this subsection to fill a vacancy shall take place not later than 45 days after the Speaker of the House of Representatives announces that the vacancy exists, unless a regularly scheduled general election for the office involved is to be held at any time during the 75-day period which begins on the date of the announcement of the vacancy. ``(3) Nominations by parties.--If a special election is to be held under this subsection, not later than 10 days after the Speaker announces that the vacancy exists, the political parties of the State that are authorized to nominate candidates by State law may each nominate one candidate to run in the election. ``(4) Extraordinary circumstances.-- ``(A) In general.--In this subsection, `extraordinary circumstances' occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100. ``(B) Judicial review.--If any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph (A), the following rules shall apply: ``(i) Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. ``(ii) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives. ``(iii) A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable. ``(iv) The executive authority of the State that contains the district of the Member of the House of Representatives whose seat has been announced to be vacant shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy. ``(5) Protecting ability of absent military and overseas voters to participate in special elections.-- ``(A) Deadline for transmittal of absentee ballots.--In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act) not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists. ``(B) Period for ballot transit time.-- Notwithstanding the deadlines referred to in paragraphs (2) and (3), in the case of an individual who is an absent uniformed services voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act), a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter. ``(6) Rule of construction regarding federal election laws.--Nothing in this subsection may be construed to affect the application to special elections under this subsection of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to, the following: ``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended. ``(B) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), as amended. ``(C) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended. ``(D) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), as amended. ``(E) The Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended. ``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended. ``(G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.), as amended.''. Passed the House of Representatives April 22, 2004. Attest: JEFF TRANDAHL, Clerk.

Continuity in Representation Act of 2004 - Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections to fill vacancies in the House of Representatives within 45 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 45-day requirement if a regularly scheduled general election for the office involved is to be held at any time within a 75-day period beginning on the date of the vacancy announcement. Permits the political parties of a State that are authorized to nominate candidates by State law to each nominate one candidate to run in the special election not later than ten days after the Speaker announces that the vacancy exists. Sets forth requirements for judicial review of any action which is brought for declaratory or injunctive relief to challenge an announcement made under this Act. Requires a final decision in an action to be made within three days of filing of such action. Makes a final decision non-reviewable. Provides that in conducting a special election under this Act to fill a vacancy in its representation, the State is required to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for election are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Provides that in the case of an individual who is an absent uniformed services voter or an overseas voter, a State is required to accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter. Declares that nothing in these Special Rules in Extraordinary Circumstances may be construed to affect the application to special elections under such Rules of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to: (1) the Voting Rights Act of 1965, as amended; (2) the Voting Accessibility for the Elderly and Handicapped Act, as amended; (3) the Uniformed and Overseas Citizens Absentee Voting Act, as amended; (4) the National Voter Registration Act of 1993, as amended; (5) the Americans With Disabilities Act of 1990, as amended; (6) the Rehabilitation Act of 1973, as amended; and (7) the Help America Vote Act of 2002, as amended.

To require States to hold special elections to fill vacancies in the House of Representatives not later than 45 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade Practices Act of 1996''. SEC. 2. REPORT BY THE PRESIDENT; SANCTIONS. (a) Report.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the President shall submit a report to the Congress that-- (A) identifies foreign persons and concerns that engage in foreign corrupt trade practices and foreign countries that do not have in effect or do not enforce laws that are similar to the Foreign Corrupt Practices Act of 1977; and (B) contains information regarding-- (i) existing corrupt trade practices of foreign persons and concerns; and (ii) efforts by the governments of foreign countries to stop corrupt trade practices by private persons and government officials of those countries through enactment and enforcement of laws similar to the Foreign Corrupt Practices Act of 1977. (2) Definition of corrupt trade practice.--For purposes of this section, the term ``corrupt trade practice'' means a practice that would violate the prohibition described in section 104(h) of the Foreign Corrupt Practices Act of 1977 if engaged in by a domestic concern. (b) Sanctions.-- (1) In general.--If the President determines that a country identified in subsection (a)(1)(A) is not making a good faith effort to enact or enforce the laws described in subsection (a)(1)(B)(ii), the President is authorized and directed to impose the sanctions described in paragraph (2). (2) Sanctions described.-- (A) Reduction in foreign aid.--Fifty percent of the assistance made available under part I of the Foreign Assistance Act of 1961 and allocated each fiscal year pursuant to section 653 of such Act for a country shall be withheld from obligation and expenditure for any fiscal year in which a determination has been made under paragraph (1) with respect to the country. (B) Multilateral development bank assistance.--The United States Government shall oppose, in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d), the extension of any loan or financial or technical assistance by international financial institutions to any country described in paragraph (1). (c) Duration of Sanctions.--Any sanction imposed against a country under subsection (b)(2) shall remain in effect until such time as the President certifies to the Congress that such country has enacted and is enforcing the laws described in subsection (a)(1)(B)(ii). (d) Waiver.--Any sanctions described in subsection (b) may be delayed or waived upon certification of the President to the Congress that it is in the national interest to do so. SEC. 3. SANCTIONS AGAINST PERSONS AND BUSINESS ENTITIES. (a) Imposition of Sanctions on Foreign Persons and Concerns Engaging in Certain Corrupt Business Practices.--The President shall impose the sanctions described in subsection (b), to the fullest extent consistent with international obligations, if the President certifies to the Congress that-- (1) a foreign person or concern has engaged in the conduct described in section 104(h) of the Foreign Corrupt Practices Act of 1977, and such conduct has placed a United States concern at a competitive disadvantage, (2) the President has consulted with the foreign country having primary jurisdiction over such conduct in an effort to get the government of that country to impose sanctions against such foreign person or concern, (3) a period of 90 days has elapsed since the President first consulted with the foreign country, and (4) the country has not taken action against such person or concern. The 90-day period referred to in the preceding sentence may be extended for an additional 90 days if the President determines sufficient progress has been made in consultation with the foreign country to justify such an extension. (b) Sanctions.-- (1) In general.--The sanctions to be imposed pursuant to subsection (a) are as follows: (A) Procurement sanction.--The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any foreign person or concern that engages in the unlawful conduct described in subsection (a)(1). (B) License ban.--The United States Government shall not issue any license or other authority to conduct business in the United States to any foreign person or concern that engages in the unlawful conduct described in subsection (a)(1). (2) Waiver.--Any penalties or sanctions imposed under this section may be delayed or waived upon certification of the President to Congress that it is in the national interest to do so. (c) Definitions.--For purposes of this section-- (1) Foreign concern.--The term ``foreign concern'' means any corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in a country other than the United States, or which is organized under the laws of a country other than the United States. (2) Foreign person.--The term ``foreign person'' means any individual who is a citizen or national of a country other than the United States.

Fair Trade Practices Act of 1996 - Directs the President to report annually to the Congress the identities of: (1) foreign persons and concerns that engage in certain foreign corrupt trade practices; and (2) foreign countries that do not have in effect or do not enforce laws similar to the Foreign Corrupt Practices Act of 1977. Authorizes the President to impose specified sanctions upon countries that are not making a good faith effort to enact or enforce such laws.

Fair Trade Practices Act of 1996

SECTION 1. DESIGNATION OF INCOME TAX PAYMENTS TO BIOMEDICAL RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BIOMEDICAL RESEARCH FUND ``Sec. 6098. Designation to Biomedical Research Fund. ``SEC. 6098. DESIGNATION TO BIOMEDICAL RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Biomedical Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.-- ``(1) In general.--A designation under subsection (a) may be made with respect to any taxable year-- ``(A) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(B) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(2) Designation for a particular disease.--The Secretary shall provide a means by which taxpayers may indicate, at the time of a designation under subsection (a), the disease with respect to which the designated amount should be applied to biomedical research.'' (b) Biomedical Research Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BIOMEDICAL RESEARCH FUND. ``(a) Creation of Trust Fund.-- ``(1) In general.--There is established in the Treasury of the United States a trust fund to be known as the `Biomedical Research Fund'. ``(2) Accounts in trust fund.--The Biomedical Research Fund shall consist of a separate account for each disease with respect to which an amount is designated under section 6098, and one account (to be known as the `Miscellaneous Account') for amounts designated under section 6098 for which no disease is indicated. Each such account shall consist of such amounts as may be appropriated or credited to such account as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to each account within the Biomedical Research Fund amounts equivalent to the amounts designated under section 6098 for the disease with respect to which such account is established (or, in the case of the Miscellaneous Account, the amounts designated under section 6098 for which no disease is indicated). ``(c) Expenditures.--The Secretary of Health and Human Services shall distribute, as provided in appropriation Acts, amounts in the accounts of the Biomedical Research Fund for purposes of qualified research, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. ``(d) Prohibition of Use To Replace Appropriations.--Amounts expended under subsection (c) shall be used, with respect to qualified research regarding any disease, to supplement, not supplant, existing funding for biomedical research with respect to such disease. No expenditure shall be made under subsection (c) from any account during any fiscal year for which the annual amount appropriated for the National Institutes of Health for biomedical research regarding the disease with respect to which the account is established is less than the amount so appropriated for the prior fiscal year. ``(e) Qualified Research.--For purposes of this section, the term `qualified research' means, with respect to any account of the Biomedical Research Fund, biomedical research conducted by the National Institutes of Health regarding the disease with respect to which such account is established (or, in the case of the Miscellaneous Account, regarding any disease).'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Biomedical Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Biomedical Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Amends the Internal Revenue Code to allow every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more, to designate that $5 be paid over to the Biomedical Research Fund. Establishes in the Treasury the Biomedical Research Fund.

To amend the Internal Revenue Code of 1986 to establish, and provide a checkoff for, a Biomedical Research Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kansas Flood Recovery and Economic Opportunity Act of 2007''. SEC. 2. INCREASED FEDERAL SHARE FOR DISASTER ASSISTANCE. (a) In General.--Notwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance, provided for the State of Kansas in connection with the severe storms and flooding which began on June 26, 2007, and ended on July 25, 2007, under sections 403, 406, 407, and 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent of the eligible costs under such sections. (b) Applicability.-- (1) In general.--The Federal share provided by subsection (a) shall apply to disaster assistance applied for before the date of enactment of this Act. (2) Limitation.--In the case of disaster assistance provided under sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Federal share provided by subsection (a) shall be limited to assistance provided for projects for which a ``request for public assistance form'' has been submitted. SEC. 3. TEMPORARY TAX RELIEF FOR FLOODED AREAS IN KANSAS. The following provisions of or relating to the Internal Revenue Code of 1986 shall apply, in addition to the areas described in such provisions, to an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1711-DR, as in effect on the date of the enactment of this Act) by reason of severe storms and flooding beginning on June 26, 2007, and determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act with respect to damages attributed to such storms and flooding: (1) Suspension of certain limitations on personal casualty losses.--Section 1400S(b)(1) of the Internal Revenue Code of 1986, by substituting ``June 26, 2007'' for ``August 25, 2005''. (2) Extension of replacement period for nonrecognition of gain.--Section 405 of the Katrina Emergency Tax Relief Act of 2005, by substituting ``on or after June 26, 2007, by reason of the severe storms and flooding described in the Kansas Flood Recovery and Economic Opportunity Act of 2007'' for ``on or after August 25, 2005, by reason of Hurricane Katrina''. (3) Employee retention credit for employers affected by june 26 storms and floods.--Section 1400R(a) of the Internal Revenue Code of 1986-- (A) by substituting ``June 26, 2007'' for ``August 28, 2005'' each place it appears, (B) by substituting ``January 1, 2008'' for ``January 1, 2006'' both places it appears, and (C) only with respect to eligible employers who employed an average of not more than 200 employees on business days during the most recent taxable year ending before June 26, 2007. (4) Special allowance for certain property acquired on or after june 26, 2007.--Section 1400N(d) of such Code-- (A) by substituting ``qualified Recovery Assistance property'' for ``qualified Gulf Opportunity Zone property'' each place it appears, (B) by substituting ``June 26, 2007'' for ``August 28, 2005'' each place it appears, (C) by substituting ``December 31, 2008'' for ``December 31, 2007'' in paragraph (2)(A)(v), (D) by substituting ``December 31, 2009'' for ``December 31, 2008'' in paragraph (2)(A)(v), (E) by substituting ``June 25, 2007'' for ``August 27, 2005'' in paragraph (3)(A), (F) by substituting ``January 1, 2009'' for ``January 1, 2008'' in paragraph (3)(B), and (G) determined without regard to paragraph (6) thereof. (5) Increase in expensing under section 179.--Section 1400N(e) of such Code, by substituting ``qualified section 179 Recovery Assistance property'' for ``qualified section 179 Gulf Opportunity Zone property'' each place it appears. (6) Expensing for certain demolition and clean-up costs.-- Section 1400N(f) of such Code-- (A) by substituting ``qualified Recovery Assistance clean-up cost'' for ``qualified Gulf Opportunity Zone clean-up cost'' each place it appears, and (B) by substituting ``beginning on June 26, 2007, and ending on December 31, 2009'' for ``beginning on August 28, 2005, and ending on December 31, 2007'' in paragraph (2) thereof. (7) Increase in rehabilitation credit.--Section 1400N(h) of such Code by substituting ``on June 26, 2007, and ending on December 31, 2009'' for ``on August 28, 2005, and ending on December 31, 2008''. (8) Treatment of net operating losses attributable to storm losses.--Section 1400N(k) of such Code-- (A) by substituting ``qualified Recovery Assistance loss'' for ``qualified Gulf Opportunity Zone loss'' each place it appears, (B) by substituting ``after June 25, 2007, and before January 1, 2010'' for ``after August 27, 2005, and before January 1, 2008'' each place it appears, (C) by substituting ``June 26, 2007'' for ``August 28, 2005'' in paragraph (2)(B)(ii)(I) thereof, (D) by substituting ``qualified Recovery Assistance property'' for ``qualified Gulf Opportunity Zone property'' in paragraph (2)(B)(iv) thereof, and (E) by substituting ``qualified Recovery Assistance casualty loss'' for ``qualified Gulf Opportunity Zone casualty loss'' each place it appears. (9) Treatment of public utility property disaster losses.-- Section 1400N(o) of such Code. (10) Treatment of representations regarding income eligibility for purposes of qualified rental project requirements.--Section 1400N(n) of such Code. (11) Special rules for use of retirement funds.--Section 1400Q of such Code-- (A) by substituting ``qualified Recovery Assistance distribution'' for ``qualified hurricane distribution'' each place it appears, (B) by substituting ``on or after June 26, 2007, and before January 1, 2009'' for ``on or after August 25, 2005, and before January 1, 2007'' in subsection (a)(4)(A)(i), (C) by substituting ``qualified storm distribution'' for ``qualified Katrina distribution'' each place it appears, (D) by substituting ``after December 27, 2006, and before June 26, 2007'' for ``after February 28, 2005, and before August 29, 2005'' in subsection (b)(2)(B)(ii), (E) by substituting ``beginning on June 26, 2007, and ending on December 27, 2007'' for ``beginning on August 25, 2005, and ending on February 28, 2006'' in subsection (b)(3)(A), (F) by substituting ``qualified storm individual'' for ``qualified Hurricane Katrina individual'' each place it appears, (G) by substituting ``December 31, 2008'' for ``December 31, 2006'' in subsection (c)(2)(A), (H) by substituting ``beginning on the date of the enactment of the Kansas Flood Recovery and Economic Opportunity Act of 2007, and ending on December 31, 2008'' for ``beginning on September 24, 2005, and ending on December 31, 2006'' in subsection (c)(4)(A)(i), (I) by substituting ``June 26, 2007'' for ``August 25, 2005'' in subsection (c)(4)(A)(ii), and (J) by substituting ``January 1, 2008'' for ``January 1, 2007'' in subsection (d)(2)(A)(ii).

Kansas Flood Recovery and Economic Opportunity Act of 2007 - Establishes the federal share of assistance for the state of Kansas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the storms and flooding in that state between June 26, 2007, and July 25, 2007, at 100% of eligible costs. Extends to certain areas in Kansas declared by the President as major disaster areas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1711-DR, as in effect on the date of enactment of this Act) by reason of severe storms and flooding beginning on June 26, 2007, provisions of the Internal Revenue Code allowing: (1) suspension of certain limitations on personal casualty losses; (2) an extension of the period for replacing damaged property without recognizing gain; (3) an employee retention tax credit for affected businesses through 2007; (4) bonus depreciation for certain property acquired after June 26, 2007; (5) increased expensing of small business assets and of demolition and cleanup costs; (6) an increase in the tax credit for rehabilitation expenditures; (7) extended net operating loss carryback periods for losses attributable to storms and for public utility property disaster losses; (8) relaxed income verification requirements for tenants in low-income rental projects; and (9) penalty-free withdrawals and loans from individual retirement accounts and other tax-exempt pension plans.

To extend tax relief to the residents and businesses of an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1711-DR) by reason of severe storms and flooding beginning on June 26, 2007, and determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act.

SECTION 1. ADMINISTRATOR. Section 1103 of the Panama Canal Act of 1979 (22 U.S.C. 3613) is amended-- (1) by adding a new subsection (c) to read as follows: ``(c) Congress consents to the Administrator of the Panama Canal Commission accepting an appointment by the Government of Panama to the position of Administrator of the Panama Canal Authority, for which the consent of Congress is required by the 8th clause of section 9 of article I of the Constitution of the United States, relating to acceptance of emolument, office or title from a foreign State, provided that in his capacity as Administrator of the Panama Canal Authority, he shall serve without compensation, except for travel and entertainment expenses, including per diem payments.''; (2) by adding a new subsection (d) to read as follows: ``(d) An Administrator of the Panama Canal Commission, who is also appointed by the Government of Panama as the Administrator of the Panama Canal Authority, shall be exempt from the Foreign Agents Registration Act of 1938, as amended.''; and (3) by adding a new subsection (e) to read as follows: ``(e) An Administrator of the Panama Canal Commission, who is also appointed officially by the Government of Panama as the Administrator of the Panama Canal Authority, shall be exempt from the restrictions of-- ``(1) sections 203 and 205 of title 18, United States Code, when officially acting as an agent or attorney of or otherwise representing the Panama Canal Authority; ``(2) section 207 of title 18, United States Code, following termination of appointment as Administrator of the Panama Canal Commission at noon, December 31, 1999, but only for official actions as an officer of the Panama Canal Authority; ``(3) section 208 of title 18, United States Code, when disqualification is required only because of service as an officer, director, or employee of the Panama Canal Authority and the arrangement for future employment with the Authority that arises out of the appointment as Administrator of the Authority. All other financial interests that are disqualifying under section 208(a) shall remain disqualifying but eligible for waiver or exemption under section 208(b); and ``(4) sections 501(a) and 502(a)(4) of title 5, United States Code, Appendix, for compensation received for, and service in, the position of the Administrator of the Panama Canal Authority.''. SEC. 2. TRANSITION SEPARATION INCENTIVE PAYMENT. Title I of the Panama Canal Act of 1979 is amended in chapter 2 (22 U.S.C. 3641 et seq.) by adding at the end of subchapter III the following new section: ``transition separation incentive payment ``Sec. 1233. (a) Notwithstanding section 663 of Public Law 104-208, the Commission may offer and pay a transition separation incentive to an employee if, in its sole discretion, the Commission determines such separation is necessary to the successful transfer of the Canal enterprise by the United States to the Republic of Panama, as required by the Panama Canal Treaty of 1977. ``(b) For the purpose of this section, the term `employee' means an individual serving in the Republic of Panama in a position with the Commission for a continuous period of at least 3 years under an appointment without time limitation, who is covered under either the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), but does not include-- ``(1) a reemployed annuitant under chapter 83 or chapter 84 of title 5, United States Code; or ``(2) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referenced in paragraph (1). ``(3) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; ``(4) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; ``(5) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment; or ``(6) an employee covered by statutory reemployment rights who is on transfer to another organization. ``(c)(1) Prior to obligating any resources for transition separation incentive payments, the Commission shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments. ``(2) The Commission's plan shall include-- ``(A) the positions to be affected, identified by occupational category and grade level; ``(B) the number and amounts of separation incentive payments to be offered; and ``(C) a description of how such incentive payments will facilitate the successful transfer of the Panama Canal to the Republic of Panama. ``(d)(1) A transition separation incentive payment may be paid to any employee only to the extent necessary to facilitate the successful transfer of the Panama Canal as identified by the strategic plan. ``(2) A separation incentive payment-- ``(A) shall be paid in a lump sum after the employee's separation; ``(B) shall be paid from the Panama Canal Revolving Fund; ``(C) shall be in an amount determined by the Administrator not to exceed 50 percent of basic pay; ``(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) within 180 days of the date of enactment of this provision; ``(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and ``(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. ``(e) The decision to exercise or forego the authority to offer payments under this section shall not be subject to challenge under any statutory procedure or any agency or negotiated grievance procedure. ``(f) Additional Agency Contributions to the Retirement Fund.-- ``(1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a transition separation incentive has been paid under this section. ``(2) Definition.--For the purpose of paragraph (1), the term `final basic pay', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full- time basis, with appropriate adjustment therefor. ``(g) Effect of Subsequent Employment With the Government.--An individual who has received a transition separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the Treasury of the United States.''. SEC. 3. PROCUREMENT; BOARD OF CONTRACT APPEALS. Title III of the Panama Canal Act of 1979 is amended by adding a new chapter 1 to read as follows: ``CHAPTER 1--PROCUREMENT ``procurement system ``Sec. 3101. (a) The Commission shall establish a comprehensive procurement system by regulation which shall be entitled the Panama Canal Acquisition Regulation. The regulation shall-- ``(1) preserve the fundamental operating principles and procedures contained in the Federal Acquisition Regulation while reflecting efficient commercial standards of practice and preparing the Canal's procurement system for a smooth transfer to administration by the Government of Panama pursuant to the Panama Canal Treaty of 1977; ``(2) be the subject of consultation with the Administrator of the Office of Federal Procurement Policy; ``(3) be supplemented by a regulation containing those provisions and terms specifically required by United States laws, which shall include a transitional list of provisions of law that the Commission determines shall be inapplicable to itself, which shall not include those laws listed in subsection (b), below: Provided, That prior to December 31, 1999, nothing in this Act shall be construed to authorize the waiver of civil rights, environmental or labor standards laws applicable to Federal contracts. Such list shall not be effective prior to July 1, 1998, and shall be effective only through noon on December 31, 1999, at which time United States management of the Panama Canal will end; and ``(4) take effect upon publication in the Federal Register, not later than January 1, 1999. ``(b) subject to section 3102, the Commission shall continue to be governed by the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), section 2741(a) of the Deficit Reduction Act of 1984 (`Procurement Protest System'), as amended (31 U.S.C. 3551-3556), and the Procurement Integrity Act, as amended (41 U.S.C. 423). ``panama canal board of contract appeals ``Sec. 3102. (a) Except as provided elsewhere in this section, a Panama Canal Board of Contract Appeals shall be established and appointed by the Secretary of Defense, in consultation with the Commission in accordance with, and shall function pursuant to, the provisions of the Contract Disputes Act of 1978. ``(b) The Panama Canal Board of Contract Appeals shall consist of three full-time members and, in addition to the requirements of 41 U.S.C. 607(b)(1), at least one member of the Panama Canal Board of Contract Appeals shall be licensed to practice law in the Republic of Panama. Individuals appointed to the Panama Canal Board of Contract Appeals shall take an oath of office, the form of which shall be prescribed by the Secretary of Defense, notwithstanding any other provision of law. ``(c) Notwithstanding any other provision of law, the Panama Canal Board of Contract Appeals shall have exclusive jurisdiction to decide any appeal from a decision of a contracting officer under 41 U.S.C. 607(d). ``(d) Except as provided elsewhere in this section, and notwithstanding any other provision of law, the Panama Canal Board of Contract Appeals shall also have exclusive jurisdiction to decide all protests by interested parties concerning procurement actions in accordance with the requirements of 31 U.S.C. 3551 through 3555. Its jurisdiction to decide all such protests shall be exclusive. Accordingly, for the Panama Canal Commission-- ``(1) except as provided elsewhere in this section, wherever `Comptroller General' appears in 31 U.S.C. 3551 through 3555 it shall refer, instead, to the Panama Canal Board of Contract Appeals; ``(2) the reference to `Comptroller General' in 31 U.S.C. 3553(d)(3)(C)(ii) shall be, instead, to the Panama Canal Board of Contract Appeals and the Comptroller General of the United States; ``(3) add the Comptroller General of the United States to the first sentence of 31 U.S.C. 3554(e)(1) after `House of Representatives'; ``(4) add the Comptroller General of the United States to the first sentence of 31 U.S.C. 3554(e)(2) after `Congress'; and ``(5) none of the provisions of 31 U.S.C. 3556 shall apply to the Commission except nothing in this section shall affect the right of any interested party to file a protest with the cognizant contracting officer. ``(e) The Panama Canal Board of Contract Appeals shall, in accordance with the provisions of this section, prescribe such written procedures as may be necessary for the expeditious decision of appeals and protests under subsections (c) and (d). ``(f) The Panama Canal Board of Contract Appeals shall begin to function as soon as it has been constituted and has issued the procedures referred to in subsection (e), but not later than January 1, 1999. ``(g) The provisions of subsection (c) shall apply to all appeals for which no valid notice of appeal, and the provisions of subsection (d) shall apply to all protests for which no valid protest, was filed prior to the date the Panama Canal Board of Contract Appeals begins to function. Appeals and protests filed before said date shall remain before the forum in which they were filed. ``(h) The Panama Canal Board of Contract Appeals may perform functions similar to those described in this section for such other matters or activities of the Commission as the Commission may determine and in accordance with its regulations.''. SEC. 4. EXPEDITED IMPASSE PROCEDURES. (a) Section 1271(a) of the Panama Canal Act of 1979 is amended by adding at the end the following: ``(4) in the event bargaining efforts do not result in an agreement and the services of the Federal Mediation and Conciliation Service or the Federal Service Impasses Panel are requested-- ``(A) the Federal Mediation and Conciliation Service shall conclude its efforts within 30 calendar days of the date its assistance begins, or within such time as the parties may mutually agree; and ``(B) the Federal Service Impasses Panel shall be required to decide an impasse within 90 calendar days of the date its services are requested, or within such time as the parties may mutually agree. The failure of the FSIP to issue a decision within 90 days, or the mutually agreed time limit, shall not affect any obligation to maintain the status quo, except as permitted under a collective bargaining agreement or chapter 71 of title 5, United States Code.''. (b) Retroactivity.--Paragraph (4) shall apply to all matters that are or become subjects of collective bargaining on or after the effective date of this Act.

Amends the Panama Canal Act of 1979 to consent to the Administrator of the Panama Canal Commission accepting an appointment by the Government of Panama to the position of Administrator of the Panama Canal Authority, for which congressional consent is required under the Constitution. Requires as a term of such consent that such Administrator serve without compensation (except for travel and entertainment expenses). Exempts such Administrator from: (1) the Foreign Agents Registration Act of 1938; and (2) certain Federal conflict-of-interest provisions. Authorizes the Commission to offer and pay a transition separation incentive to a Commission employee if the Commission determines that such separation is necessary to the successful transfer of the Canal system from the United States to Panama. Requires the Commission, prior to obligating resources for such incentives, to submit to specified congressional committees a strategic plan outlining the intended use of such payments. Requires additional payments to the Civil Service Retirement and Disability Fund to cover early retirement expenses of such employees not currently provided for. Requires incentive payment forfeiture in the event of subsequent Government employment within five years of such payment. Directs the Commission to establish a comprehensive procurement system to be entitled the Panama Canal Acquisition Regulation, which shall mirror the principles of the Federal Acquisition Regulation and effect a smooth transfer of Canal administration from the United States to Panama. Requires such Regulation to take effect no later than January 1, 1999. Requires the establishment of a Panama Canal Board of Contract Appeals to decide: (1) any appeal from a decision of a contracting officer; and (2) all protests concerning procurement actions. Requires such Board to begin its functions no later than January 1, 1999. Provides expedited resolution procedures to be followed by the Federal Mediation and Conciliation Service and the Federal Service Impasses Panel with respect to Commission labor-management and employee relations.

To amend the Panama Canal Act of 1979, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Worker Safety Act of 2017''. SEC. 2. SOCIAL WORKER SAFETY GRANT PROGRAM. (a) Grants Authorized.--The Secretary of Health and Human Services may award grants to States to provide safety measures to social workers and other similar professionals (as designated by the Secretary) working with violent, illicit drug-using, or other at-risk populations. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to provide or support the following safety measures: (1)(A) The procurement and installation of safety equipment, including communications or recording systems, such as cell phones, wearable tracking devices with GPS/Bluetooth locator, or panic buttons used for supervised foster care visits and other client visits to assist agencies in locating staff. (B) Technical assistance and training for safety communications. (2) Training sessions and exercises for self-defense and crisis, together with such organizations as local law enforcement. (3) Facility safety improvements. (4) Training in cultural competency, including linguistic training, and training on strategies for de-escalating a situation that could turn volatile. (5) Training to help work with clients who-- (A) have serious mental and substance use disorders; or (B) have behavioral problems and need help coping. (6) Educational resources and materials to train staff on safety and awareness measures. (7) Support services, counseling, and additional resources for social workers who have experienced safety issues or trauma-related incidents in the workplace. (8) Installation of a local data incident tracking system to monitor, prevent, and mitigate future offenses against social workers. (9) Other policy developments and implementation activities determined by the Secretary for social work safety training, resources, and support. (c) Application.-- (1) In general.--A State seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such additional information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the type of agencies that will receive funding through the grant and type of work to be done by such agencies; (B) describe the specific activities for which the grant is sought and include a program budget; and (C) contain an assurance that the applicant will evaluate the effectiveness of the safety measures provided through the grant. (d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applicants that-- (1) demonstrate the greatest need based on documented incidents; and (2) seek to provide assistance to multiple agencies. (e) Quality Assurance and Cost Effectiveness.--The Secretary shall establish guidelines for ensuring the quality and cost effectiveness of the safety measures funded under this section. (f) Technical Assistance.--The Secretary may provide technical assistance to recipients of a grant under this section with respect to planning, developing, implementing, and sustaining safety measures through the grant. (g) Report Requirement.--States receiving a grant under this section shall submit to the Secretary, not later than 2 years after such receipt, a report that includes-- (1) an assessment of the activities funded in whole or in part with the grant; (2) the range and scope of training opportunities provided through training programs funded in whole or in part through a grant under this section, including the numbers and percentages of social workers engaged in such training programs; and (3) the incidence of threats to social workers, if any, and the strategies used to address their safety. (h) Non-Federal Share.--With respect to the costs of safety measures to be provided pursuant to a grant under subsection (a), the State receiving the grant shall agree to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is $1 for each $1 of Federal funds awarded through the grant. (i) Definitions.--In this section: (1) The term ``Secretary'' means the Secretary of Health and Human Services. (2) The term ``social work'' means-- (A) the professional activity of helping individuals, groups, or communities to enhance or restore capacity for social and psychosocial functioning, and to create societal conditions favorable to such enhancement or restoration; and (B) the professional application of values, principles, and techniques related to the activities described in subparagraph (A), including-- (i) diagnosing mental and emotional disorders and treating individuals, families, or groups for such disorders; and (ii) helping individuals, families, or groups to obtain tangible services, including personal, protective, informational, advisory, community, or maintenance services in order to improve the overall well-being of individuals. (3) The term ``social worker'' means an individual with a baccalaureate, master's, or doctoral degree in social work from an institution of higher education who uses knowledge and skills to provide social work services for individuals, families, groups, communities, organizations, or society in general. (j) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2018 through 2022.

Social Worker Safety Act of 2017 This bill allows the Department of Health and Human Services to award grants to states for providing safety measures to social workers and other similar professionals working with violent, illicit drug-using, or other at-risk populations.

Social Worker Safety Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of Emergency Unemployment Compensation Act of 2010''. SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``June 2, 2010'' each place it appears and inserting ``November 30, 2010''; (B) in the heading for subsection (b)(2), by striking ``June 2, 2010'' and inserting ``November 30, 2010''; and (C) in subsection (b)(3), by striking ``November 6, 2010'' and inserting ``April 30, 2011''. (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``June 2, 2010'' each place it appears and inserting ``December 1, 2010''; and (B) in subsection (c), by striking ``November 6, 2010'' and inserting ``May 1, 2011''. (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``November 6, 2010'' and inserting ``April 30, 2011''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E) the following: ``(F) the amendments made by section 2(a)(1) of the Restoration of Emergency Unemployment Compensation Act of 2010; and''. (c) Conditions for Receiving Emergency Unemployment Compensation.-- Section 4001(d)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended, in the matter preceding subparagraph (A), by inserting before ``shall apply'' the following: ``(including terms and conditions relating to availability for work, active search for work, and refusal to accept work)''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Continuing Extension Act of 2010 (Public Law 111-157). SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT COMPENSATION WITH REGULAR COMPENSATION. (a) Certain Individuals Not Ineligible by Reason of New Entitlement to Regular Benefits.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following: ``(g) Coordination of Emergency Unemployment Compensation With Regular Compensation.-- ``(1) If-- ``(A) an individual has been determined to be entitled to emergency unemployment compensation with respect to a benefit year, ``(B) that benefit year has expired, ``(C) that individual has remaining entitlement to emergency unemployment compensation with respect to that benefit year, and ``(D) that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the individual's weekly benefit amount in the benefit year referred to in subparagraph (A), then the State shall determine eligibility for compensation as provided in paragraph (2). ``(2) For individuals described in paragraph (1), the State shall determine whether the individual is to be paid emergency unemployment compensation or regular compensation for a week of unemployment using one of the following methods: ``(A) The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all emergency unemployment compensation payable with respect to the benefit year referred to in paragraph (1)(A); ``(B) The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this paragraph), until exhaustion of all emergency unemployment compensation payable with respect to the benefit year referred to in paragraph (1)(A); ``(C) The State shall pay, if permitted by State law-- ``(i) regular compensation equal to the weekly benefit amount established under the new benefit year, and ``(ii) emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year; or ``(D) The State shall determine rights to emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year.''. (b) Effective Date.--The amendment made by this section shall apply to individuals whose benefit years, as described in section 4002(g)(1)(B) the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by this section, expire after the date of enactment of this Act. SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR COMPENSATION IN ORDER TO BE ELIGIBLE FOR FUNDS UNDER THE EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. Section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following new subsection: ``(g) Nonreduction Rule.--An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that-- ``(1) the average weekly benefit amount of regular compensation which will be payable during the period of the agreement occurring on or after June 2, 2010 (determined disregarding any additional amounts attributable to the modification described in section 2002(b)(1) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438)), will be less than ``(2) the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on June 2, 2010.''. SEC. 5. PROCEDURES. Section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended by adding at the end the following new subsection: ``(h) Procedures.--Any State with an agreement under this Act shall implement reasonable procedures to-- ``(1) ensure that benefits under this Act are not provided to any person who appears on any current list of known or suspected terrorists provided to the State by any government agency; ``(2) ensure that benefits under this Act are not provided to any individual convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); and ``(3) ensure that the State is enforcing requirements under subsection (f) of this section to bar unauthorized aliens from receiving emergency unemployment compensation under this Act.''. SEC. 6. BUDGETARY PROVISIONS. (a) Statutory PAYGO.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled `Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. (b) Emergency Designations.--Sections 2 and 3-- (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)); (2) in the House of Representatives, are designated as an emergency for purposes of pay-as-you-go principles; and (3) in the Senate, are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. Passed the House of Representatives July 1, 2010. Attest: LORRAINE C. MILLER, Clerk.

Restoration of Emergency Unemployment Compensation Act of 2010 - (Sec. 2) Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through November 30, 2010. Postpones the termination of the program until April 30, 2011. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until December 1, 2010, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and April 30, 2011, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) (Sec. 3) Amends the Supplemental Appropriations Act, 2008 to apply to claims for EUC payments the terms and conditions of state unemployment compensation law relating to availability of work, active search for work, and refusal to accept work. Requires a state to determine whether an individual is to be paid EUC or regular compensation for a week of unemployment by using one of four specified methods if: (1) an individual has been determined to be entitled to EUC for a benefit year; (2) that benefit year has expired; and (3) such individual has remaining entitlement to EUC for that benefit year, and would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25% less than the individual's weekly benefit amount in such benefit year. (Sec. 4) Declares that federal-state agreements under which the state agency makes EUC payments to certain individuals shall not apply (or shall cease to apply) with respect to a state whose method for computing regular compensation under such state's law has been modified in a manner that reduces the average weekly benefit amount of regular compensation payable on or after June 2, 2010, to less than the average weekly benefit amount of regular compensation otherwise payable under the state law as in effect on such date. (Thus prohibits states from reducing regular compensation in order to be eligible for federal funds under the EUC program.) (Sec. 5) Requires any state with an EUC agreement under the Supplemental Appropriations Act, 2008 to implement reasonable procedures to ensure that: (1) EUC benefits are not provided to persons who appear on any current list of known or suspected terrorists provided to the state by any government agency; (2) such benefits are not provided to individuals convicted of a sex offense against a minor; and (3) the state is enforcing requirements under the Act to bar unauthorized aliens from receiving EUC under this Act. (Sec. 6) Designates Sec. 2 and Sec. 3 as an emergency in the House of Representatives pursuant to the Statutory Pay-As-You-Go Act of 2010 and in the Senate as an emergency requirement.

To continue Federal unemployment programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018''. SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 13. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES. ``(a) For Permitting by Commission.-- ``(1) In general.--Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, and may not require any entity regulated by the Commission to perform, any review under such Act or division as a condition of permitting the placement and installation of a communications facility if-- ``(A) the new facility-- ``(i) will be located within a public right-of-way; and ``(ii) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; ``(B) the new facility is-- ``(i) a replacement for an existing communications facility; and ``(ii) the same as, or substantially similar to (as such term is defined by the Commission), the communications facility that the new communications facility is replacing; ``(C) the new facility is a type of communications facility that-- ``(i) is described in subsection (c)(2)(B); and ``(ii) meets the size limitation of a small antenna established by the Commission; or ``(D) the placement and installation involve the expansion of the site of an existing facility not more than 30 feet in any direction. ``(2) Savings clause.--Nothing in this subsection shall be construed to affect-- ``(A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(B) except as explicitly provided in this subsection, the obligation of any provider of a communications service to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code; ``(C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or ``(D) the authority or obligations established under section 20156(e) of title 49, United States Code. ``(b) For Grant of Easement on Federal Property.--No review shall be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, as a condition of granting a covered easement for a communications facility if a covered easement has been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. ``(c) Definitions.--In this section: ``(1) Antenna.--The term `antenna' means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. ``(2) Communications facility.--The term `communications facility' includes-- ``(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and ``(B) any antenna or apparatus-- ``(i) that is designed for the purpose of emitting or receiving radio frequency; ``(ii) that-- ``(I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or ``(II) is using duly authorized devices that do not require individual licenses; and ``(iii) that is added to a tower, building, support pole, or other structure. ``(3) Covered easement.--The term `covered easement' means an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government, excluding tribal land held in trust by the Federal Government (unless the tribal government of such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility. ``(4) Public right-of-way.--The term `public right-of- way'-- ``(A) means-- ``(i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and ``(ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and ``(B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). ``(5) Support pole.--The term `support pole' means an upright pole or structure used or capable of being used to support a wireless service facility. ``(6) Utility facility.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(7) Wireless service.--The term `wireless service' means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis. ``(8) Wireless service facility.--The term `wireless service facility' means a facility for the provision of wireless service.''.

Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018 This bill amends the Communications Act of 1934 to exempt certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a communications facility, and replacement of a communications facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969.

Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018

SECTION 1. PURPOSES AND DEFINITIONS. (a) Purposes.--The purposes of this Act are-- (1) to direct the conveyance of approximately 44 acres, more or less, of Federally owned land administered by the Agricultural Research Service to the City of Ames, Iowa; and (2) to authorize the use of the funds derived from the conveyance to purchase replacement land and for other purposes relating to the National Animal Disease Center. (b) Definitions.--In this Act: (1) City.--The term ``City'' means the City of Ames, Iowa, and its assigns. (2) Property.--The term ``Property'' means approximately 44 acres, more or less, of the Federally owned land comprising part of the National Animal Disease Center, which-- (A) was acquired by the United States in 1951 within sec. 1, T. 83 N., R. 24 W., Fifth Principal Meridian; and (B) is generally located on 13th Street in the City. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 2. PROPERTY CONVEYANCE. (a) In General.--On receipt of the consideration and cost reimbursement provided in this Act, the Secretary shall convey and quitclaim to the City, all rights, title, and interests of the United States in the Property subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary may prescribe. (b) Consideration.-- (1) In general.--As consideration for the conveyance authorized by this Act, the City shall pay to the Secretary an amount in cash equal to the market value of the Property. (2) Appraisal.-- (A) In general.--To determine the market value of the Property, the Secretary shall have the Property appraised for the highest and best use of the Property in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. (B) Requirements.--The appraisal shall be subject to review and approval by the Secretary, and the approved appraisal shall at all times be the Property of the United States. (c) Corrections.--With the agreement of the City, the Secretary may make minor corrections or modifications to the legal description of the Property or configure the Property to facilitate conveyance. (d) Costs.-- (1) In general.--Except as provided in paragraph (2), the City shall at closing pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative costs incurred by the Secretary associated with the conveyance authorized by this Act, including personnel costs directly attributable to the transaction, and the transactional costs of appraisal, survey, title review, hazardous substances examination, and closing costs. (2) Attorneys fees.--The City and the Secretary shall each bear their own attorneys fees. (e) Hazardous Materials.-- (1) In general.--For the conveyance authorized by this Act, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate those substances or any other hazardous pollutants, contaminants, or waste that might be present on the Property at the time of closing. (2) Lead-based paint or asbestos-containing building materials.-- (A) In general.--Notwithstanding any provision of law relating to the mitigation or abatement of lead- based paint or asbestos-containing building materials and except as provided in subparagraph (B), the Secretary shall not be required to mitigate or abate any lead-based paint or asbestos-containing building materials present on the Property at the time of closing. (B) Requirements.--If the Property has lead-based paint or asbestos-containing building materials, the Secretary shall-- (i) provide notice to the City of the presence of the lead-based paint or asbestos- containing building materials; and (ii) obtain written assurance from the City that the City will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials. (f) Other Terms.--The Secretary and the City may agree on such additional terms as may be mutually acceptable and that are not inconsistent with the provisions of this Act. SEC. 3. RECEIPTS. (a) In General.--The Secretary shall deposit all funds received from the conveyance authorized under this Act, including the market value consideration and the reimbursement for costs, into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service. (b) Use of Funds.--Notwithstanding any limitation in applicable appropriation Acts for the Department of Agriculture or the Agricultural Research Service, all funds deposited into the Treasury pursuant to subsection (a) shall-- (1) be available to the Secretary until expended, without further appropriation, for the acquisition of land and interests in land and other related purposes of the National Animal Disease Center; and (2) be considered to authorize the acquisition of land for the purposes of section 11 of the Act of August 3, 1956 (7 U.S.C. 428a). SEC. 4. STATUTORY PAY-AS-YOU-GO LANGUAGE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives July 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Requires conveyance of approximately 44 acres of federally owned land administered by the Agricultural Research Service which comprises part of the National Animal Disease Center (the property) in the city of Ames, Iowa, to the city of Ames and its assigns. Requires the city: (1) to pay to the Secretary of Agriculture (USDA) the market value of the property, to be determined by an appraisal; and (2) at closing, to pay or reimburse the reasonable transaction and administrative costs associated with the conveyance incurred by the Secretary. Requires the city and the Secretary to bear their own attorneys fees. Requires the Secretary to meet disclosure requirements for hazardous substances, but to otherwise not be required to remediate or abate such substances or any other hazardous pollutants, contaminants, or waste that might be present on the property at the time of closing. Bars requiring the Secretary to mitigate or abate any lead-based paint or asbestos-containing building materials present on the property at the time of closing. Sets forth the procedure the Secretary shall follow if the property has such paint or building materials present on it at that time. Requires the deposit of funds received from the conveyance into the Treasury to be credited to the Agricultural Research Service and to be: (1) used for the acquisition of land and interests and other related purposes of the National Animal Disease Center; and (2) considered to authorize the acquisition of land as may be necessary for the USDA to carry out its work.

To direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project-Based Voucher Improvement Act of 2015''. SEC. 2. UNITS OWNED BY PUBLIC HOUSING AGENCIES. Paragraph (11) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(11)) is amended-- (1) by striking ``(11) Leasing of units owned by pha.--If'' and inserting the following: ``(11) Leasing of units owned by pha.-- ``(A) Inspections and rent determinations.--If''; and (2) by adding at the end the following new subparagraph: ``(B) Units owned by pha.--For purposes of this subsection, the term `owned by a public housing agency' means, with respect to a dwelling unit, that the dwelling unit is in a project that is owned by such agency, by an entity wholly controlled by such agency, or by a limited liability company or limited partnership in which such agency (or an entity wholly controlled by such agency) holds a controlling interest in the managing member or general partner. A dwelling unit shall not be deemed to be owned by a public housing agency for purposes of this subsection because the agency holds a fee interest as ground lessor in the property on which the unit is situated, holds a security interest under a mortgage or deed of trust on the unit, or holds a non-controlling interest in an entity which owns the unit or in the managing member or general partner of an entity which owns the unit.''. SEC. 3. PHA PROJECT-BASED ASSISTANCE. (a) In General.--Paragraph (13) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is amended-- (1) by striking ``structure'' each place such term appears and inserting ``project''; (2) by striking ``structures'' each place such term appears and inserting ``projects''; (3) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Percentage limitation.-- ``(i) In general.--Subject to clause (ii), a public housing agency may use for project- based assistance under this paragraph not more than 20 percent of the authorized units for the agency. ``(ii) Exception.--A public housing agency may use up to an additional 10 percent of the authorized units for the agency for project- based assistance under this paragraph, to provide units that house individuals and families that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), that house families with veterans, that provide supportive housing to persons with disabilities or elderly persons, or that are located in areas where vouchers under this subsection are difficult to use, as specified in subparagraph (D)(ii)(II). Any units of project-based assistance that are attached to units previously subject to federally required rent restrictions or receiving another type of long- term housing subsidy provided by the Secretary shall not count toward the percentage limitation under clause (i) of this subparagraph. The Secretary may, by regulation, establish additional categories for the exception under this clause.''; (4) by striking subparagraph (D) and inserting the following new subparagraph: ``(D) Income-mixing requirement.-- ``(i) In general.--Except as provided in clause (ii), not more than the greater of 25 dwelling units or 25 percent of the dwelling units in any project may be assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph. For purposes of this subparagraph, the term `project' means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land. ``(ii) Exceptions.-- ``(I) Certain families.--The limitation under clause (i) shall not apply to dwelling units assisted under a contract that are exclusively made available to elderly families or to households eligible for supportive services that are made available to the assisted residents of the project, according to standards for such services the Secretary may establish. ``(II) Certain areas.--With respect to areas in which tenant-based vouchers for assistance under this subsection are difficult to use, as determined by the Secretary, and with respect to census tracts with a poverty rate of 20 percent or less, clause (i) shall be applied by substituting `40 percent' for `25 percent', and the Secretary may, by regulation, establish additional conditions. ``(III) Certain contracts.--The limitation under clause (i) shall not apply with respect to contracts or renewal of contracts under which a greater percentage of the dwelling units in a project were assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph on the date of the enactment of the Project-Based Voucher Improvement Act of 2015. ``(IV) Certain properties.--Any units of project-based assistance under this paragraph that are attached to units previously subject to federally required rent restrictions or receiving other project-based assistance provided by the Secretary shall not count toward the percentage limitation imposed by this subparagraph (D). ``(iii) Additional monitoring and oversight requirements.--The Secretary may establish additional requirements for monitoring and oversight of projects in which more than 40 percent of the dwelling units are assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph.''; (5) by striking subparagraph (F) and inserting the following new subparagraph: ``(F) Contract term.-- ``(i) Term.--A housing assistance payment contract pursuant to this paragraph between a public housing agency and the owner of a project may have a term of up to 20 years, subject to-- ``(I) the availability of sufficient appropriated funds for the purpose of renewing expiring contracts for assistance payments, as provided in appropriation Acts and in the agency's annual contributions contract with the Secretary, provided that in the event of insufficient appropriated funds, payments due under contracts under this paragraph shall take priority if other cost-saving measures that do not require the termination of an existing contract are available to the agency; and ``(II) compliance with the inspection requirements under paragraph (8), except that the agency shall not be required to make biennial inspections of each assisted unit in the development. ``(ii) Addition of eligible units.--Subject to the limitations of subparagraphs (B) and (D), the agency and the owner may add eligible units within the same project to a housing assistance payments contract at any time during the term thereof without being subject to any additional competitive selection procedures. ``(iii) Housing under construction or recently constructed.--An agency may enter into a housing assistance payments contract with an owner for any unit that does not qualify as existing housing and is under construction or recently has been constructed whether or not the agency has executed an agreement to enter into a contract with the owner, provided that the owner demonstrates compliance with applicable requirements prior to execution of the housing assistance payments contract. This clause shall not subject a housing assistance payments contract for existing housing under this paragraph to such requirements or otherwise limit the extent to which a unit may be assisted as existing housing. ``(iv) Additional conditions.--The contract may specify additional conditions, including with respect to continuation, termination, or expiration, and shall specify that upon termination or expiration of the contract without extension, each assisted family may elect to use its assistance under this subsection to remain in the same project if its unit complies with the inspection requirements under paragraph (8), the rent for the unit is reasonable as required by paragraph (10)(A), and the family pays its required share of the rent and the amount, if any, by which the unit rent (including the amount allowed for tenant- based utilities) exceeds the applicable payment standard.''; (6) in subparagraph (G), by striking ``15 years'' and inserting ``20 years''; (7) by striking subparagraph (I) and inserting the following new subparagraph: ``(I) Rent adjustments.--A housing assistance payments contract pursuant to this paragraph entered into after the date of the enactment of the Project- Based Voucher Improvement Act of 2015 shall provide for annual rent adjustments upon the request of the owner, except that-- ``(i) by agreement of the parties, a contract may allow a public housing agency to adjust the rent for covered units using an operating cost adjustment factor established by the Secretary pursuant to section 524(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (which shall not result in a negative adjustment), in which case the contract may require an additional adjustment, if requested, up to the reasonable rent periodically during the term of the contract, and shall require such an adjustment, if requested, upon extension pursuant to subparagraph (G); ``(ii) the adjusted rent shall not exceed the maximum rent permitted under subparagraph (H); ``(iii) the contract may provide that the maximum rent permitted for a dwelling unit shall not be less than the initial rent for the dwelling unit under the initial housing assistance payments contract covering the units; and ``(iv) the provisions of subsection (c)(2)(C) shall not apply.''; (8) in subparagraph (J)-- (A) in the first sentence-- (i) by striking ``shall'' and inserting ``may''; and (ii) by inserting before the period the following ``or may permit owners to select applicants from site-based waiting lists as specified in this subparagraph''; (B) by striking the third sentence and inserting the following: ``The agency or owner may establish preferences or criteria for selection for a unit assisted under this paragraph that are consistent with the public housing agency plan for the agency approved under section 5A and that give preference to families who qualify for voluntary services, including disability-specific services, offered in conjunction with assisted units.''; and (C) by striking the fifth and sixth sentences and inserting the following: ``A public housing agency may establish and utilize procedures for owner-maintained site-based waiting lists, under which applicants may apply at, or otherwise designate to the public housing agency, the project or projects in which they seek to reside, except that all eligible applicants on the waiting list of an agency for assistance under this subsection shall be permitted to place their names on such separate list, subject to policies and procedures established by the Secretary. All such procedures shall comply with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and other applicable civil rights laws. The owner or manager of a project assisted under this paragraph shall not admit any family to a dwelling unit assisted under a contract pursuant to this paragraph other than a family referred by the public housing agency from its waiting list, or a family on a site- based waiting list that complies with the requirements of this subparagraph. A public housing agency shall disclose to each applicant all other options in the selection of a project in which to reside that are provided by the public housing agency and are available to the applicant.''; (9) in subparagraph (M)(ii), by inserting before the period at the end the following: ``relating to funding other than housing assistance payments''; and (10) by adding at the end the following new subparagraphs: ``(N) Structure owned by agency.--A public housing agency engaged in an initiative to improve, develop, or replace a public housing property or site may attach assistance to an existing, newly constructed, or rehabilitated structure in which the agency has an ownership interest or which the agency has control of without following a competitive process, provided that the agency has notified the public of its intent through its public housing agency plan and subject to the limitations and requirements of this paragraph. ``(O) Special purpose vouchers.--A public housing agency that administers vouchers authorized under subsection (o)(19) or (x) of this section may provide such assistance in accordance with the limitations and requirements of this paragraph, without additional requirements for approval by the Secretary.''. (b) Effective Date.--The Secretary of Housing and Urban Development shall issue notice or regulations to implement subsection (a) of this section and such subsection shall take effect upon such issuance.

Project-Based Voucher Improvement Act of 2015 This bill amends the United States Housing Act of 1937 with respect to the requirement that the Department of Housing and Urban Development (HUD) require local governments or other HUD-approved entities to make inspections and rent determinations for leased dwelling units (other than public housing dwelling units) that are owned by a public housing agency (PHA) administering section 8 low-income (voucher) rental assistance. "Owned by a PHA," for these purposes, means the dwelling unit is in a project owned by: the PHA, an entity wholly controlled by the PHA, or a limited liability company or limited partnership in which the PHA (or an entity wholly controlled by it) holds a controlling interest in the managing member or general partner. A dwelling unit shall not be deemed to be owned by a PHA for these purposes, however, merely because the PHA holds: a fee interest as ground lessor in the property on which the unit is situated, a security interest under a mortgage or deed of trust on the unit, or a non-controlling interest in an entity which owns the unit or in the managing member or general partner of an entity which owns the unit. In an exception to the prohibition against attaching to a PHA project more than 20% of funding available for tenant-based assistance, a PHA may use up to an additional 10% to provide units that: house homeless individuals and families, house families with veterans, provide supportive housing to persons with disabilities or elderly persons, or are located in areas where vouchers are difficult to use. The bill revises the income-mixing requirement for such projects to add to the current assistance limitation of a maximum 25 dwelling units per project an alternative limitation of 25% of such dwelling units. Neither limitation shall apply to dwelling units exclusively made available to elderly families or to households eligible for certain supportive services. The term of a housing assistance payment contract may increase from 15 to 20 years. The bill also revises requirements for rent adjustments.

Project-Based Voucher Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Chesapeake Bay Watershed Education, Training, and Restoration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the Coastal Prediction Center for the Chesapeake Bay established under paragraph (1) of section 3(a). (2) Chesapeake 2000 agreement.--The term ``Chesapeake 2000 agreement'' means the agreement between the United States, the States of Maryland, Pennsylvania, and Virginia, and the District of Columbia entered into on June 28, 2000. (3) Chesapeake executive council.--The term ``Chesapeake Executive Council'' has the meaning given that term in subsection (d) of section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d). (4) Director.--The term ``Director'' means the Director of the Chesapeake Bay Office appointed under paragraph (2) of section 307(a) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d). (5) Eligible entity.--The term ``eligible entity'' means a State government, an institution of higher education, including a community college, a not-for-profit organization, or an appropriate private entity. (6) Chesapeake bay office.--The term ``Chesapeake Bay Office'' means the Chesapeake Bay Office within the National Oceanic and Atmospheric Administration established under paragraph (1) of section 307(a) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d). SEC. 3. COASTAL PREDICTION CENTER. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director, in collaboration with scientific institutions located in the Chesapeake Bay watershed, shall establish a Coastal Prediction Center for the Chesapeake Bay. (2) Purposes.--The purposes of the Center established under paragraph (1) are to serve as a knowledge bank for-- (A) assembling, integrating, and modeling coastal information and data related to the Chesapeake Bay and the tributaries of the Chesapeake Bay from appropriate government agencies and scientific institutions; (B) interpreting such information and data; and (C) organizing such information and data into predictive products that are useful to policy makers, resource managers, scientists, and the public. (b) Activities.-- (1) Information and prediction system.--The Center shall develop an Internet-based information system for integrating, interpreting, and disseminating coastal information and predictions concerning the Chesapeake Bay and the tributaries of the Chesapeake Bay related to-- (A) climate; (B) land use; (C) coastal pollution; (D) coastal environmental quality; (E) ecosystem health and performance; (F) aquatic living resources and habitat conditions; and (G) weather, tides, currents, and circulation that affect the distribution of sediments, nutrients, and organisms, coastline erosion, and related physical and chemical events. (2) Agreements to provide data, information, and support.-- The Director may enter into agreements with other entities of the National Oceanic and Atmospheric Administration, other appropriate Federal, State, and local government agencies, and academic institutions, to provide and interpret data and information, and provide appropriate support, relating to the activities of the Center. (3) Agreements relating to information products.--The Director may enter into grants, contracts, and interagency agreements with eligible entities for the collection, processing, analysis, interpretation, and electronic publication of information products for the Center. SEC. 4. CHESAPEAKE BAY WATERSHED EDUCATION AND TRAINING PROGRAM. (a) Establishment.-- (1) In general.--The Director, in cooperation with the Chesapeake Executive Council, shall establish a Chesapeake Bay watershed education and training program. (2) Purposes.--The program established under paragraph (1) shall continue and expand the Chesapeake Bay watershed education programs offered by the Chesapeake Bay Office for the purposes of-- (A) improving the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay; and (B) meeting the educational goals of the Chesapeake 2000 agreement. (b) Grant Program.-- (1) Authorization.--The Director is authorized to award grants to pay the Federal share of the cost of a project described in paragraph (3)-- (A) to a not-for-profit institution; (B) to a consortia of not-for-profit institutions; (C) to an elementary or secondary school located within the Chesapeake Bay watershed; (D) to a teacher at a school described in subparagraph (C); or (E) a State Department of Education if any part of such State is within the Chesapeake Bay watershed. (2) Criteria.--The Director is authorized to award grants under this section based on the experience of the applicant in providing environmental education and training projects regarding the Chesapeake Bay watershed to a range of participants and in a range of settings. (3) Functions and activities.--Grants awarded under this section may be used to support education and training projects that-- (A) provide classroom education, including the use of distance learning technologies, on the issues, science, and problems of the living resources of the Chesapeake Bay watershed; (B) provide meaningful outdoor experience on the Chesapeake Bay, or on a stream or in a local watershed of the Chesapeake Bay, in the design and implementation of field studies, monitoring and assessments, or restoration techniques for living resources; (C) provide professional development for teachers related to the science of the Chesapeake Bay watershed and the dissemination of pertinent education materials oriented to varying grade levels; (D) demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed; (E) demonstrate field methods, practices, and techniques including assessment of environmental and ecological conditions and analysis of environmental problems; and (F) develop or disseminate projects designed to-- (i) enhance understanding and assessment of a specific environmental problem in the Chesapeake Bay watershed or of a goal of the Chesapeake Bay Program; or (ii) protect or restore living resources of the Chesapeake Bay watershed. (4) Federal share.--The Federal share of the cost of a project authorized under paragraph (1) shall not exceed 75 percent of the total cost of that project. (c) Report.--Not later than December 31, 2006, the Director, in consultation with the Chesapeake Executive Council, shall submit to Congress a report through the Administrator of National Oceanic and Atmospheric Administration regarding the program established under subsection (a) and, on the appropriate role of Federal, State, and local governments in continuing such program. SEC. 5. STOCK ENHANCEMENT AND HABITAT RESTORATION PROGRAM. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director, in cooperation with the Chesapeake Executive Council, shall establish a Chesapeake Bay watershed stock enhancement and habitat restoration program. (2) Purposes.--The purposes of the program established in paragraph (1) are to support the restoration of oysters and submerged aquatic vegetation in the Chesapeake Bay and enhance education programs related to aquaculture. (b) Activities.--To carry out the purpose of the program established in paragraph (1) of subsection (a), the Director is authorized to enter into grants, contracts, and cooperative agreements with an eligible entity to support-- (1) the establishment of oyster hatcheries; (2) the establishment of submerged aquatic vegetation propagation programs; (3) the development of education programs related to aquaculture; and (4) other activities that the Director determines are appropriate to carry out the purposes of such program. SEC. 6. CHESAPEAKE BAY AQUACULTURE EDUCATION. The Director is authorized to make grants and enter into contracts with an institution of higher education, including a community college, for the purpose of-- (1) supporting education in Chesapeake Bay aquaculture sciences and technologies; and (2) developing aquaculture processes and technologies to improve production, efficiency, and sustainability of disease free oyster spat and submerged aquatic vegetation. SEC. 7. SHALLOW WATER MONITORING PROGRAM. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director, in cooperation with the Chesapeake Executive Council and scientific institutions located in the Chesapeake Bay watershed, shall establish a program to monitor shallow water throughout the Chesapeake Bay. (2) Purpose.--The purpose of the program established in paragraph (1) shall be to provide data on water quality conditions necessary for restoration of living resources in near-shore and tidal tributary areas of the Chesapeake Bay. (b) Activities.--To carry out the purpose of the program established in paragraph (1) of subsection (a), the Director is authorized to carry out, or enter into grants, contracts, and cooperative agreements with an eligible entity to carry out activities-- (1) to collect, analyze, and disseminate scientific information necessary for the management of living marine resources and the marine habitat associated with such resources; (2) to interpret the information described in paragraph (1); (3) to organize the information described in paragraph (1) into products that are useful to policy makers, resource managers, scientists, and the public; or (4) that will otherwise further the purpose of such program. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Chesapeake Bay Office.--Subsection (e) of section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) is amended-- (1) by striking ``$6,000,000'' and inserting ``$8,000,000''; and (2) by striking ``2006'' and inserting ``2008''. (b) Programs.--There is authorized to be appropriated the following amounts to carry out the provisions of this Act: (1) $500,000 for each of the fiscal years 2004 through 2008 to carry out the provisions of section 3. (2) $6,000,000 for each of the fiscal years 2004 through 2008 to carry out the provisions of section 4. (3) $7,000,000 for each of the fiscal years 2004 through 2008 to carry out the provisions of section 5. (4) $1,000,000 for each of the fiscal years 2004 through 2008 to carry out the provisions of section 6. (5) $3,000,000 for each of the fiscal years 2004 through 2008 to carry out the provisions of section 7.

NOAA Chesapeake Bay Watershed Education, Training, and Restoration Act - Requires the Director of the Chesapeake Bay Office, within the National Oceanic and Atmospheric Administration, to establish a Coastal Prediction Center.Directs the Center to develop an Internet-based information system for integrating, interpreting, and disseminating coastal information and predictions concerning the Bay and its tributaries.Requires the Director to establish programs for: (1) watershed education and training; (2) watershed stock enhancement and habitat restoration; and (3) shallow water monitoring.Authorizes the Director to award grants to support education and training projects as well as aquaculture education.

A bill to establish programs to enhance protection of the Chesapeake Bay, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Railroad Rehabilitation and Investment Act of 2003''. SEC. 2. CREDIT FOR MAINTENANCE OF RAILROAD TRACK. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. RAILROAD TRACK MAINTENANCE CREDIT. ``(a) General Rule.--For purposes of section 38, the railroad track maintenance credit determined under this section for the taxable year is the amount of qualified railroad track maintenance expenditures paid or incurred by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed the product of-- ``(1) $10,000, and ``(2) the number of miles of railroad track owned or leased by the taxpayer as of the close of the taxable year. ``(c) Qualified Railroad Track Maintenance Expenditures.--For purposes of this section, the term `qualified railroad track maintenance expenditures' means expenditures (whether or not otherwise chargeable to capital account) for maintaining railroad track (including roadbed, bridges, and related track structures) owned or leased by the taxpayer of Class II or Class III railroads (as determined by the Surface Transportation Board). ``(d) Controlled Groups.--For purposes of subsection (b), rules similar to the rules of paragraph (1) of section 41(f) shall apply for purposes of this subsection. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to any railroad track, the basis of such track shall be reduced by the amount of the credit so allowed. ``(f) Application of Section.--This section shall apply to qualified railroad track maintenance expenditures paid or incurred during taxable years beginning after December 31, 2003, and before January 1, 2009. ``(g) Credit Transferability.-- ``(1) In general.--Any credit allowable under this section may be transferred as provided in this subsection, and the determination as to whether the credit is allowable shall be made without regard to the tax-exempt status of the transferor. ``(2) Transfer to eligible taxpayer.--Any credit transferred under paragraph (1) shall be transferred to an eligible taxpayer. Any credit so transferred shall be allowed to the transferee, but the transferee may not assign such credit to any other person. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means-- ``(A) any person who transports property using the rail facilities of the taxpayer or who furnishes railroad-related property or services to the taxpayer, and ``(B) any Class II or Class III railroad. ``(4) Minimum price for transfer.--No transfer shall be allowed under this subsection unless the transferor receives compensation for the credit transfer equal to at least 50 percent of the amount of credit transferred. The excess of the amount of credit transferred over the compensation received by the transferor for such transfer shall be included in the gross income of the transferee.''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of railroad track maintenance credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the railroad track maintenance credit determined under section 45G may be carried to a taxable year beginning before January 1, 2004.''. (c) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the railroad track maintenance credit determined under section 45G(a).''. (2) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of railroad track with respect to which a credit was allowed under section 45G, to the extent provided in section 45G(e).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Railroad track maintenance credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Local Railroad Rehabilitation and Investment Act of 2003- Amends the Internal Revenue Code to establish a railroad track maintenance credit for qualified railroad track maintenance expenditures with respect to which the expenditures were paid or incurred by the taxpayer for the taxable year for Class II or Class III railroads.

A bill to amend the Internal Revenue Code of 1986 to provide a credit against income tax for expenditures for the maintenance of railroad tracks of Class II and Class III railroads.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Efficient Currency Act of 1997''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) The Government's inventory of $1 dollar coins bearing the likeness of Susan B. Anthony has declined to 164,100,000 (as of February 28, 1997) from 868,000,000 $1 coins minted between 1979 and 1981. This inventory declined by 64,600,000 coins in 1996, at which rate the Government's supply of Susan B. Anthony dollar coins will be exhausted before September, 1999. (2) The depletion of the supply of Susan B. Anthony dollar coins demonstrates the need for a dollar coin, particularly with mass transit authorities, vending machine companies, and similar enterprises and their customers. (3) Because of the similar silver color and reeded edge of the Susan B. Anthony dollar coin and the quarter dollar, the Susan B. Anthony dollar coin is not a well designed coin. (4) Under current law, the Secretary of the Treasury is required to mint Susan B. Anthony dollar coins to meet the demands of commerce. In order to meet this demand without interruption, the United States Mint will be required to order equipment and materials in 1998 to begin making more Susan B. Anthony dollar coins in early 1999. (5) To deter the counterfeiting of United States currency, the Secretary of the Treasury has begun a program to redesign all United States currency. New design $100 Federal reserve notes were issued on March 27, 1996. New design $50 Federal reserve notes will be issued in September 1997. New design $20 Federal reserve notes will be issued in May, 1998. The remaining new design Federal reserve notes will be issued at approximately 9-month intervals. (6) $1 Federal reserve notes are seldom counterfeited. (7) New design $1 Federal reserve notes will cost in excess of 4 cents each to print, and will last, on average, only 17 months. Newly designed $1 coins will cost about 8 cents each and will last at least 30 years. (8) Over the next 30 years, the American taxpayer will save billions of dollars in materials and manufacturing costs by replacing $1 Federal reserve notes with well designed $1 coins. (9) The $1 bill has the same purchasing power as the quarter did in 1970. SEC. 3. $1 COINS. (a) Color and Content.--Section 5112(b) of title 31, United States Code, is amended-- (1) in the 1st sentence, by striking ``dollar,''; and (2) by inserting after the 4th sentence the following new sentence: ``The dollar coin shall be golden in color, have a distinctive edge, have tactile and visual features that make the denomination of the coin readily discernible, be minted and fabricated in the United States, and have similar metallic, anticounterfeiting properties as United States clad coinage in circulation on the date of the enactment of the United States Efficient Currency Act of 1997.''. (b) Design.--Section 5112(d)(1) of title 31, United States Code, is amended by striking out the 5th and 6th sentences and inserting the following new sentence: ``The Secretary of the Treasury shall select appropriate designs for the reverse and obverse sides of the dollar coin.''. (c) Effective Date.-- (1) In general.--Before the Government's current inventory of $1 coins bearing the likeness of Susan B. Anthony is depleted, the Secretary of the Treasury shall place into circulation $1 coins authorized under subsection (a)(1) of section 5112 of title 31, United States Code, which comply with the requirements of subsections (b) and (d)(1) of such section 5112 (as amended by subsections (a) and (b) of this section). (2) Numismatic sets.--The Secretary may include coins referred to in paragraph (1) in any numismatic set produced by the United States Mint before the date the coins are placed in circulation. (d) Increase Capacity.--The Secretary of the Treasury shall increase capacity at United States Mint facilities to a level that would permit the replacement of $1 Federal reserve notes. SEC. 4. CEASING ISSUANCE OF $1 NOTES. (a) Transition Period.--Federal reserve banks may continue to place into circulation $1 Federal reserve notes until the earlier of-- (1) the date as of which the number of Susan B. Anthony coins in circulation and the number of coins in circulation which are minted in accordance with the amendments made by section 3 total 1,000,000,000; or (2) January 1, 2001. (b) Prohibition on Issuance After Transition Period.--After the earlier of the dates referred to in paragraphs (1) and (2) of subsection (a), a Federal reserve bank may not order or place into circulation any $1 Federal reserve note. (c) Exception.--Notwithstanding subsection (b), the Secretary of the Treasury shall produce only such Federal reserve notes of $1 denomination as the Board of Governors of the Federal Reserve System orders from time to time to meet the needs of collectors of that denomination. Such notes shall be issued by 1 or more Federal reserve banks in accordance with section 16 of the Federal Reserve Act and sold by the Secretary, in whole or in part, under procedures prescribed by the Secretary. SEC. 5. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contact under the authority of this Act from complying with any law relating to equal employment opportunity.

United States Efficient Currency Act of 1997 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Instructs the Secretary of the Treasury to: (1) place certain authorized one-dollar coins into circulation before the government's current inventory of one-dollar coins bearing the likeness of Susan B. Anthony is depleted; and (2) increase capacity at U.S. Mint facilities to a level that permits replacement of one-dollar Federal reserve notes. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after specified deadlines. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities ordered by the Board of Governors of the Federal Reserve to meet collectors' needs).

United States Efficient Currency Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as ``Armed Forces Voluntary Immunization and Health Justice Act of 2005''. SEC. 2. CONSENT OF SERVICEMEMBER REQUIRED FOR SMALLPOX AND ANTHRAX IMMUNIZATIONS. (a) Smallpox Vaccine Immunization Program.--A member of the Armed Forces may not be required to participate in the smallpox vaccine immunization program of the Department of Defense. A smallpox immunization vaccination may not be administered to any such member without the informed consent of the member. (b) Anthrax Vaccine Immunization Program.--A member of the Armed Forces may not be required to participate in the anthrax vaccine immunization program of the Department of Defense. An anthrax immunization vaccination may not be administered to any such member without the informed consent of the member. SEC. 3. CORRECTION OF RECORDS OF SERVICEMEMBERS PREVIOUSLY PUNISHED FOR REFUSAL TO TAKE SMALLPOX OR ANTHRAX VACCINE. (a) Correction.--In the case of a member or former member of the Armed Forces who before the date of the enactment of this Act was subject to any form of adverse personnel action as a result of the refusal of the member or former member (while a member of the Armed Forces) to take a vaccine covered by section 2, the Secretary concerned, acting through the appropriate board for the correction of military records under chapter 79 of title 10, United States Code, shall, upon application, take such actions as may be necessary to correct the military records of the member or former member so as to obviate any adverse consequences of the member or former member's refusal to take such a vaccine. (b) Time for Application.--Any period established by law or regulation for the submission of an application for correction of a military record shall be treated, for purposes of an application to make a correction by reason of subsection (a), as running from the date of the enactment of this Act. (c) Expediting Consideration of Applications.--The Secretary of each military department shall take such actions as may be necessary to expedite consideration of applications for correction of military records under subsection (a). (d) Secretary Concerned.--In this section, the term ``Secretary concerned'' has the meaning given that term in section 101 of title 10, United States Code. (e) Annual Report.--(1) The Secretary of Defense shall submit to the congressional committees specified in paragraph (2) an annual report on activities under this section. Each such report shall identify the number of applications received for correction of military records under this section, the basis for decisions taken on those applications, and the types of actions taken with respect to those applications. (2) The congressional committees referred to in paragraph (1) are the following: (A) The Committee on Government Reform, the Committee on Armed Services, and the Committee on Veterans' Affairs of the House of Representatives. (B) The Committee on Governmental Affairs, the Committee on Armed Services, and the Committee on Veterans' Affairs of the Senate. SEC. 4. ASSESSMENT OF CURRENT THREAT OF ANTHRAX AND SMALLPOX ATTACKS. (a) Reevaluation Required.--The Secretary of Defense shall include in the report to Congress specified in subsection (b) an assessment of the current threat of an anthrax attack or a smallpox attack on members of the Armed Forces. The assessment shall be prepared in consultation with the head of each element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))). (b) Annual Chem-Bio Report.--The report referred to in subsection (a) is the next annual report submitted to Congress after the date of the enactment of this Act under section 1703 of the National Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523), relating to chemical and biological warfare defense. SEC. 5. RESEARCH FUNCTIONS OF THE SECRETARY OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall-- (1) carry out an ongoing assessment of the adverse health effects being reported by members and former members of the Armed Forces with respect to the smallpox and anthrax vaccines administered by the Department of Defense; (2) carry out a research program to determine causal relationships (if any) between such effects and those vaccines; and (3) prepare an estimate of the future cost to the Department of Veterans Affairs to treat those adverse health effects, if determined to be service-connected. SEC. 6. ESTABLISHMENT OF NATIONAL CENTER FOR MILITARY DEPLOYMENT HEALTH RESEARCH. (a) Establishment.--The President shall establish a National Center for Military Deployment Health Research to coordinate and synthesize research efforts by Federal departments and agencies relating to the health effects of military deployments on members of the Armed Forces, including members of the reserve components. (b) Criteria.--To the maximum extent practicable, the center shall be established in a manner consistent with the recommendations of the Institute of Medicine of the National Academy of Sciences in a report dated January 1, 1999, titled ``National Center for Military Deployment Health Research''. (c) Implementation.--The center shall be established not later than 120 days after the date of the enactment of this Act.

Armed Forces Voluntary Immunization and Health Justice Act of 2005 - Prohibits requiring a member of the Armed Forces to participate in either of the smallpox or anthrax vaccine immunization programs of the Department of Defense. Permits administering either vaccine to any such member without the informed consent of the member. Requires the correction of the records of servicemembers previously punished for refusing to take either vaccine. Requires the Secretary of Defense to assess the current threat of an anthrax or smallpox attack on members of the Armed Forces and report the results. Requires the Secretary of Veterans Affairs to: (1) carry out an ongoing assessment of the adverse health effects being reported by members and former members of the Armed Forces with respect to the smallpox and anthrax vaccines administered by the Department of Defense; and (2) prepare an estimate of the future cost to the Department of Veterans Affairs to treat those adverse health effects, if determined to be service-connected. Requires the President to establish a National Center for Military Deployment Health Research to coordinate and synthesize research efforts by Federal departments and agencies relating to the health effects of military deployments on members of the Armed Forces, including members of the reserve components.

To prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of servicemembers previously punished for refusing to take these vaccines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hypersonic Research Airplane Authorization Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The timely development in the United States of a single-stage-to-orbit, air-breathing aerospace plane is expected to result in a major reduction of the cost of payload delivery into space, and could therefore provide the United States aerospace industry with a major competitive boost in international markets in the twenty-first century. (2) There are significant strategic advantages associated with having access to a hypersonic aerospace plane. (3) The recently restructured National Aerospace Plane Program, under which the decision to design and construct an X- 30 aircraft has been indefinitely deferred, has lost sight of the initial goal of the Program, which was the timely development of a single-stage-to-orbit hypersonic research airplane with an air-breathing engine and the capability to take off and land from a runway. (4) To provide the proper focus for the National Aerospace Plane Program and to obtain sufficient data for the timely development of a single-stage-to-orbit hypersonic aircraft, the Program must include the development, in the near future, of a hypersonic research airplane which will push the limits of the flight envelope using existing technology. (5) The timely deployment of a hypersonic research airplane will decrease the overall technical uncertainty, size, and cost of eventually building a single-stage-to-orbit airplane. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) The term ``National Aerospace Plane'' means an airplane which-- (A) utilizes single-stage-to-orbit technology; (B) relies on air-breathing propulsion to achieve orbital speeds; (C) utilizes technology with the potential to reduce substantially the cost of delivery of payloads to orbit; and (D) can take off and land on a runway. (2) The term ``hypersonic research airplane'' means an airplane which-- (A) utilizes air-breathing propulsion and carries no payload except for a pilot and necessary instrumentation; (B) is a precursor of the National Aerospace Plane and is instrumented to collect hypersonic aerodynamic and combustion data in the speed regime beyond Mach 8; and (C) extends flight envelope boundaries by flying at speeds that push the limits of technology developed as of the date of the enactment of this Act. (3) The term ``single-stage-to-orbit'' means a technology which enables an aircraft to fly into orbit from a runway without expendable booster rockets. (4) The term ``Secretary'' means the Secretary of Defense. (5) The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (6) The term ``development'' means design, construction, and initial testing. SEC. 4. DEVELOPMENT OF A HYPERSONIC RESEARCH AIRPLANE. (a) Submission of Plan.--Within 180 days after the date of the enactment of this Act, the Secretary and the Administrator shall jointly submit to the Congress a plan for the National Aerospace Plane Program. In developing the plan, the Secretary and the Administrator shall consider existing independent proposals which meet the purposes of the plan. The plan shall-- (1) contain specific plans for the development of a hypersonic research airplane that costs not more than $5,000,000,000, and the first flight of which is within 5 years after the date of the enactment of this Act; and (2) have the objective of achieving single-stage-to-orbit with the airplane referred to in paragraph (1) or with a research aircraft that is the follow-on to such an airplane. (b) Participation by Other Entities.--The Secretary and the Administrator may enter into arrangements with Federal agencies, States, universities, nonprofit entities, industry, international sources, or other persons, or with consortia thereof, for participation in the research, development, design, construction, and operation of the hypersonic research airplane referred to in subsection (a)(1) and the National Aerospace Plane, except that any such arrangement may not jeopardize the strategic advantage to the United States to be gained from the National Aerospace Plane Program. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary and the Administrator a total of $5,000,000,000 for fiscal years 1995 through 2000 to carry out the plan referred to in subsection (a). No funds appropriated pursuant to this subsection may be obligated until 60 days after the submission of the plan under subsection (a)(1).

Hypersonic Research Airplane Authorization Act of 1993 - Directs the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration to submit jointly to the Congress a plan for the National Aerospace Plane Program, including development plans (and capped costs) for a hypersonic research airplane. Authorizes specified appropriations.

Hypersonic Research Airplane Authorization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Success for High Need Students Act of 2003''. SEC. 2. HIGH COST FUND FOR LOCAL EDUCATIONAL AGENCIES. Part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) is amended by adding at the end the following: ``SEC. 620. HIGH COST FUND FOR LOCAL EDUCATIONAL AGENCIES. ``(a) Definitions.--In this section: ``(1) Average per-pupil expenditure.--The term `average per-pupil expenditure' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(2) High need child.--The term `high need child' means a child with a disability for whom a free appropriate public education in a fiscal year costs more than 4 times the average per-pupil expenditure for such fiscal year. ``(b) Authorization of Grant Program and Allotment.-- ``(1) Reservation.--From funds appropriated under subsection (h), the Secretary shall reserve-- ``(A) not more than 1 percent to assist the outlying areas in providing a free appropriate public education to children with disabilities in such areas for whom a free appropriate public education costs more than 4 times the national average per-pupil expenditure or 4 times the average per-pupil expenditure in the outlying area; and ``(B) 1.226 percent to assist the Secretary of the Interior in providing a free appropriate public education to children with disabilities on reservations who are enrolled in schools for Indian children operated or funded by the Secretary of the Interior for whom a free appropriate public education costs more than 4 times the national average per-pupil expenditure or 4 times the average per-pupil expenditure in such schools. ``(2) Grant Program.--From funds appropriated under subsection (h), and not reserved under paragraph (1), the Secretary shall award grants to State educational agencies, from allotments under paragraph (3), to enable the State educational agencies to establish high cost funds, as described in subsection (c), from which local educational agencies shall receive disbursements to pay a percentage of the costs of providing a free appropriate public education to high need children and other high costs, as described in subsection (c)(3), associated with educating children with disabilities. ``(3) Allotment.--From funds appropriated under subsection (h) for a fiscal year, and not reserved under paragraph (1), the Secretary shall allot to each State an amount that bears the same ratio to such funds as the amount the State received under section 611 for the fiscal year bears to the total amount received by all States under that section for the fiscal year. ``(c) High Cost Fund.-- ``(1) In general.--Each State educational agency that receives a grant under subsection (b) shall-- ``(A) use the grant funds to establish a high cost fund; and ``(B) make disbursements from the high cost fund to local educational agencies in accordance with this subsection. ``(2) Required disbursements from the fund.-- ``(A) In general.--Each State educational agency that receives a grant under subsection (b) shall make disbursements from the fund established under paragraph (1) to local educational agencies to pay the percentage described in subparagraph (C) of the costs of providing a free appropriate public education to high need children. ``(B) Application.-- ``(i) In general.--A local educational agency that desires a disbursement under this paragraph shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. ``(ii) Contents.--An application submitted pursuant to clause (i) shall contain the following: ``(I) A figure that reflects the costs of providing a free appropriate public education to each high need child served by the local educational agency in a fiscal year for whom such agency desires a disbursement under this section. ``(II) The IEP for each high need child served by the local educational agency for whom such agency desires a disbursement under this section. ``(III) Assurances that grant funds provided under this section shall not be used to pay costs that otherwise would be reimbursable as medical assistance for a child with a disability under the State medicaid program under title XIX of the Social Security Act. ``(C) Disbursements.-- ``(i) In general.--Subject to subparagraph (D), a State educational agency shall make a disbursement to a local educational agency that submits an application under subparagraph (B) in an amount that is equal to 75 percent of the costs that are in excess of 4 times the average per-pupil expenditure in either the Nation or the State where the child resides (calculated from whichever average per-pupil expenditure is lower) associated with educating each high need child served by such local educational agency in a fiscal year for whom such agency desires a disbursement. ``(ii) Appropriate costs.--The costs associated with educating a high need child under clause (i) are only those costs associated with providing special education and related services to such child that are identified in such child's appropriately developed IEP. ``(D) Disallowance of certain payments.--A State educational agency may disallow payment of certain costs included in the figure submitted by a local educational agency under subparagraph (B)(ii)(I) if such costs are determined by the State educational agency to be inappropriate or unnecessary excess costs associated with providing a free appropriate public education to a high need child. ``(E) Legal fees.--The costs associated with providing a free appropriate public education to a high need child shall not include legal fees, court costs, or other costs associated with a cause of action brought on behalf of such child to ensure a free appropriate public education for such child. ``(3) Permissible disbursements from remaining funds.--A State educational agency may make disbursements to local educational agencies from any funds that are remaining in the high cost fund after making the required disbursements under paragraph (2) for a fiscal year for the following purposes: ``(A) To pay the costs associated with serving children with disabilities who moved into the areas served by such local educational agencies after commencement of the school year to assist the local educational agencies in providing a free appropriate public education for such children in such year. ``(B) To compensate local educational agencies that expend over a threshold amount determined by the State educational agency on costs associated with providing a free appropriate public education to all children with disabilities served by such agencies. ``(4) Limitation on administrative costs.--A State educational agency may use not more than 2 percent of the funds received under this section for the administrative costs of carrying out such agency's responsibilities under this section. ``(d) Assurance of a Free Appropriate Public Education.--Nothing in this section shall be construed-- ``(1) to limit or condition the right of a child with a disability who is assisted under this part to receive a free appropriate public education pursuant to section 612(a)(1) in a least restrictive environment pursuant to section 612(a)(5); and ``(2) to authorize a State educational agency or local educational agency to indicate a limit on what is expected to be spent on the education of a child with a disability. ``(e) Evaluation and Report.--The Secretary shall-- ``(1) evaluate the effectiveness of the high cost funds established pursuant to this section; and ``(2) submit a report to the appropriate committees of Congress on such evaluation. ``(f) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for providing a free appropriate public education for children with disabilities. ``(g) Medicaid Services Not Affected.--Grant funds provided under this section shall not be used to pay costs that otherwise would be reimbursable as medical assistance for a child with a disability under the State medicaid program under title XIX of the Social Security Act. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $750,000,000 for fiscal year 2004 and such sums as may be necessary for each succeeding fiscal year.''.

Supporting Success for High Need Students Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to direct the Secretary of Education to make grants to State educational agencies (SEAs) to establish high-cost funds from which local educational agencies (LEAs) are paid a portion of: (1) the costs of providing a free appropriate public education to high-need children; and (2) other high costs associated with educating children with disabilities under IDEA part B.Allocates such grants to States using the IDEA part B allotment formula; and authorizes appropriations for such targeted grants. Permits LEAs to apply for disbursements from the SEA's high-cost fund to offset 75 percent of that portion of a high-need student's education that costs more than four times the average per pupil expenditure (in the Nation or State, whichever is lower). Allows disbursements to cover education and related services included in an appropriately formulated Individualized Education Plan. Prohibits use of such disbursements to pay: (1) costs otherwise reimbursable as medical assistance under the State Medicaid program; (2) inappropriate or unnecessary excess costs disallowed by the SEA; or (2) legal, court, or other costs associated with a cause of action brought to ensure a free appropriate public education for a high-need child.

A bill to amend the Individuals with Disabilities Education Act to provide grants to State educational agencies to establish high cost funds from which local educational agencies are paid a percentage of the costs of providing a free appropriate public education to high need children and other high costs associated with educating children with disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Time-Out Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) As stated in Executive Order 13563 (76 Fed. Reg. 3821; relating to improving regulation and regulatory review), ``Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation.''. (2) The criteria described in paragraph (1) have not been met. (3) Congress has an obligation to ensure that regulations issued as a delegation of its authority reflect the balance expressed in paragraph (1). SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term under section 3502(1) of title 44, United States Code. (2) Time-out period.--The term ``time-out period'' means the period beginning on the date of the enactment of this Act and ending on January 21, 2013. (3) Regulations.-- (A) Covered regulation.--Subject to subparagraph (C), the term ``covered regulation'' means a final regulation that-- (i) directly or indirectly increases costs on businesses in a manner which will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy; (ii) is likely to-- (I) have an annual effect on the economy of $100,000,000 or more; (II) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (III) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (IV) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (V) raise novel legal or policy issues; and (iii) did not take effect before September 1, 2011. (B) Proposed regulation.--Subject to subparagraph (C), the term ``proposed regulation'' means a regulation for which an agency has published a general notice of proposed rulemaking and which is expected to meet the requirements of subparagraph (A) after the final regulation takes effect. (C) Inapplicability to regulations required by law.--This Act does not apply to covered regulations or proposed regulations required by law. SEC. 4. TIME-OUT PERIOD FOR COVERED REGULATIONS. (a) Prior Regulations.--A covered regulation that took effect before the date of the enactment of this Act shall be treated, during the time-out period, as though that regulation never took effect. (b) Prospective Regulations.--A covered regulation that has not taken effect before the date of the enactment of this Act may not take effect during the time-out period. SEC. 5. TIME-OUT PERIOD FOR PROPOSED REGULATIONS. (a) Prior Proposed Regulations.--A general notice of proposed rulemaking published before the date of the enactment of this Act and with respect to which the period for submission of comments has not expired on such date shall be treated, during the time-out period, as though the notice was never published. (b) Prospective Proposed Regulations.--A general notice of proposed rulemaking may not be published during the time-out period. SEC. 6. EXEMPTIONS. (a) In General.--The head of an agency may exempt a covered regulation prescribed by that agency from the application of section 3, or a proposed regulation issued by that agency from the application of section 4, if the head of the agency-- (1) makes a specific finding that the covered regulation or proposed regulation-- (A) is necessary due to an imminent threat to human health or safety, or any other emergency; (B) is necessary for the enforcement of a criminal law; (C) has as its principal effect-- (i) fostering private sector job creation and the enhancement of the competitiveness of workers in the United States; (ii) encouraging economic growth; or (iii) repealing, narrowing, or streamlining a rule, regulation, or administrative process, or otherwise reducing regulatory burdens; (D) pertains to a military or foreign affairs function of the United States; or (E) is limited to interpreting, implementing, or administering the Internal Revenue Code of 1986; and (2) submits the finding to Congress and publishes the finding in the Federal Register. (b) Review.--Not later than 10 days after the date of the enactment of this Act each agency shall submit any covered regulation or proposed regulation that the head of the agency determines is exempt under this section to the Office of Management and Budget and Congress. (c) Nondelegable Authority.--The head of an agency may not delegate the authority provided under this section to exempt the application of any provision of this Act.

Regulatory Time-Out Act of 2011 - Prohibits covered regulations from being in effect or from taking effect during the period beginning on the enactment of this Act and ending on January 21, 2013 (time-out period). Prohibits publication of any general notice of a proposed rulemaking for what would be a covered regulation, and nullifies a rulemaking that was published but for which the comment period did not expire before enactment of this Act, during such period. Defines a "covered regulation" as a final regulation that did not take effect before September 1, 2011, that increases costs on businesses in a manner that will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy and that is likely to: (1) have an annual effect on the economy of $100 million or more; (2) adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (3) create a serious inconsistency or otherwise interfere with an action by another agency; (4) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or (5) raise novel legal or policy issues. Exempts regulations that are required by law. Allows agency heads to exempt covered regulations that: (1) are necessary due to an imminent threat to human health or safety or any other emergency; (2) are necessary to enforce criminal laws, (3) foster private sector job creation; (4) encourage economic growth; (5) reduce regulatory burdens; (6) pertain to a military or foreign affairs function; or (7) are limited to interpreting, implementing, or administering the Internal Revenue Code.

To provide for a time-out on certain regulations, and for other purposes.

SECTION 1. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CERTAIN ON- SITE DAY-CARE FACILITIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end thereof the following new section: ``SEC. 45A. EMPLOYER ON-SITE DAY-CARE FACILITY CREDIT. ``(a) In General.--For purposes of section 38, the employer on-site day-care facility credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified investment in property placed in service during such taxable year as part of a qualified day-care facility. ``(b) Limitation.--The credit allowable under subsection (a) with respect to any qualified day-care facility shall not exceed $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified investment.--The term `qualified investment' means the amount paid or incurred to acquire, construct, rehabilitate, or expand property-- ``(A) which is to be used as part of a qualified day-care facility, and ``(B) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable. Such term includes only amounts properly chargeable to capital account. ``(2) Qualified day-care facility.-- ``(A) In general.--The term `qualified day-care facility' means a facility-- ``(i) operated by an employer to provide dependent care assistance for enrollees, at least 30 percent of whom are dependents of employees of employers to which a credit under subsection (a) with respect to the facility is allowable, ``(ii) the principal use of which is to provide dependent care assistance described in clause (i), ``(iii) located on the premises of such employer, ``(iv) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including, but not limited to, the licensing of the facility as a day-care facility, and ``(v) the use of which (or the eligibility to use) does not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). ``(B) Multiple employers.--With respect to a facility jointly operated by more than 1 employer, the term `qualified day-care facility' shall include any facility located on the premises of 1 employer and within a reasonable distance from the premises of the other employers. ``(d) Recapture of Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified day- care facility, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified on-site day-care expenses of the taxpayer with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event percentage is: occurs in: Years 1-3...................................... 100 Year 4......................................... 85 Year 5......................................... 70 Year 6......................................... 55 Year 7......................................... 40 Year 8......................................... 25 Years 9 and 10................................. 10 Years 11 and thereafter........................ 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified day-care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified day-care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified day-care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified day-care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(e) Special Allocation Rules.--For purposes of this section-- ``(1) Allocation in case of multiple employers.--In the case of multiple employers jointly operating a qualified day- care facility, the credit allowable by this section to each such employer shall be its proportionate share of the qualified on-site day-care expenses giving rise to the credit. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(f) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under paragraph (1), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (d). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Termination.--This section shall not apply to taxable years beginning after December 31, 1996.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking out ``plus'' at the end of paragraph (7), (B) by striking out the period at the end of paragraph (8), and inserting in lieu thereof a comma and ``plus'', and (C) by adding at the end thereof the following new paragraph: ``(9) the employer on-site day-care facility credit determined under section 45A.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end thereof the following new item: ``Sec. 45A. Employer on-site day-care facility credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to make available to an employer an income tax credit for expenses paid or incurred to acquire, construct, rehabilitate, or expand a qualified on-site day care facility operated by the employer for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Terminates the credit after December 31, 1996.

To amend the Internal Revenue Code of 1986 to provide a credit against tax for employers who provide on-site day-care facilities for dependents of their employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Front Range Roadless Area and Mountain Backdrop Protection Act''. SEC. 2. PROTECTED ROADLESS AREAS. (a) Areas Designated.--Subject to the requirements of subsection (c), the following lands within the Arapaho and Roosevelt National Forests in Colorado shall be managed as protected roadless areas: (1) Indian peaks wilderness adjacent areas.-- (A) Certain lands in the Roosevelt National Forest comprising approximately 10,804 acres, as generally depicted on a map entitled ``Indian Peaks Adjacent Area Unit C'' dated July 2000, and which shall be known as ``South St. Vrain Protected Roadless Area''. (B) Certain lands in the Roosevelt National Forest comprising approximately 1,085 acres, as generally depicted on a map entitled ``Indian Peaks Adjacent Area Unit A'' dated July 2000, and which shall be known as ``Fourth of July Protected Roadless Area''. (2) Mount evans wilderness adjacent areas.-- (A) Certain lands in the Arapaho National Forest comprising approximately 5,741 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit A'' dated July 2000, and which shall be known as ``South Chicago Creek Protected Roadless Area''. (B) Certain lands in the Arapaho National Forest comprising approximately 717 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit B'' dated July 2000, and which shall be known as ``Mount Goliath Protected Roadless Area''. (C) Certain lands in the Arapaho National Forest comprising approximately 1,038 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit C'' dated July 2000, and which shall be known as ``Chief Mountain Protected Roadless Area''. (D) Certain lands in the Arapaho National Forest comprising approximately 2,787 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit D'' dated July 2000, and which shall be known as ``Bear Creek Protected Roadless Area''. (3) Vasquez peak wilderness adjacent areas.--Certain lands in the Arapaho National Forest comprising approximately 6,133 acres as generally depicted on a map entitled ``Vasquez Adjacent Area'' dated July 2000, and which shall be known as ``Jones Pass Protected Roadless Area''. (4) Other areas.-- (A) Certain lands in the Arapaho National Forest comprising approximately 25,382 acres as generally depicted on a map entitled ``Bard Creek'' dated July 2000, and which shall be known as ``Bard Creek Protected Roadless Area''. (B) Certain lands in the Arapaho National Forest comprising approximately 8,317 acres as generally depicted on a map entitled ``Mt. Sniktau'' dated July 2000, and which shall be known as ``Mt. Sniktau Protected Roadless Area''. (C) Certain lands in the Roosevelt National Forest comprising approximately 11,718 acres as generally depicted on a map entitled ``North St. Vrain'' dated July 2000, and which shall be known as ``North St. Vrain Protected Roadless Area''. (D) Certain lands in the Arapaho National Forest comprising approximately 6,444 acres as generally depicted on a map entitled ``Square Top Mtn.'' dated July 2000, and which shall be known as ``Square Top Mountain Protected Roadless Area''. (b) Maps and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and a boundary description of each of the areas designated as protected roadless areas in subsection (a). Such maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. (c) Management.--The lands identified in subsection (a) shall be managed and administered by the Secretary of Agriculture in the same manner as lands included in the ``recommended for wilderness'' category for management direction in the 1997 Revision of the Land and Resource Management Plan for the Arapaho and Roosevelt National Forests and the Pawnee National Grasslands so as to maintain their presently existing roadless character and potential for inclusion in the National Wilderness Preservation System until Congress determines otherwise. Notwithstanding the preceding sentence, with respect to the grazing of livestock, such lands shall be managed according to the laws generally applicable to the National Forest System. (d) Report.--Not later than 3 years following the date of the enactment of this Act, the Secretary of Agriculture shall report to Congress recommendations on the suitability or unsuitability of the lands identified in subsection (a) for inclusion in the National Wilderness Preservation System and such other recommendations as the Secretary may wish to make regarding management of such lands. SEC. 3. ROCKY FLATS FRONT RANGE MOUNTAIN BACKDROP PROTECTION AREA STUDY. (a) Study and Report.--The Secretary of Agriculture, in consultation with appropriate State and local agencies, shall review the lands within the area specified in subsection (b) and not later than 1 year after the date of the enactment of this Act shall report to Congress regarding-- (1) the present ownership of such lands; (2) which of such lands are undeveloped land (as defined in subsection (b)(2)) but may be at risk of development; and (3) what actions could be taken by the United States, the State of Colorado, or any other parties to preserve the open and undeveloped character of such lands. (b) Study Area and Definition.-- (1) Study area.--The study required by this section shall include all lands in southern Boulder, northern Jefferson, and northern Gilpin Counties, Colorado, situated west of Colorado State Highway 93, south and east of Colorado State Highway 119, and north of Colorado State Highway 46, excluding lands within the city limits of the city of Boulder or Golden, Colorado. (2) Definition.--As used in this section, the term ``undeveloped land'' means land that is primarily undeveloped open space that is part of the Front Range Mountain Backdrop west of the Rocky Flats Environmental Technology Site in Jefferson County, Colorado.

Requires the Secretary to review, and report to Congress on, appropriate actions for preserving the open and undeveloped character of certain lands within the Rocky Flats Front Range Mountain Backdrop west of the Rocky Flats Environmental Technology Site in Jefferson County, Colorado.

Northern Front Range Roadless Area and Mountain Backdrop Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Consumers Assistance Fund Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) All consumers need information and assistance to understand their health insurance choices and to facilitate effective and efficient access to needed health services. Many do not understand their health care coverage, despite the current efforts of both the public and private sectors. (2) Federally initiated health care consumer assistance and information programs targeted to consumers of long-term care and to medicare beneficiaries under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are effective, as are a number of State and local consumer assistance initiatives. (3) The principles, policies, and practices of health plans for providing safe, effective, and accessible health care can be enriched by State-based collaborative, independent education, problem resolution, and feedback programs. Health care consumer assistance programs have proven their ability to meet this challenge. (4) Many states have created health care consumer assistance programs. The Federal Government can assist the States in developing and maintaining effective health care consumer assistance programs. SEC. 3. GRANTS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish a fund, to be known as the ``Health Care Consumer Assistance Fund'', to be used to award grants to eligible States to enable such States to carry out consumer assistance activities (including programs established by States prior to the enactment of this Act) designed to provide information, assistance, and referrals to consumers of health insurance products. (b) State Eligibility.--To be eligible to receive a grant under this section a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a State plan that describes-- (1) the manner in which the State will ensure that the health care consumer assistance office (established under subsection (d)) will assist health care consumers in accessing needed care by educating and assisting health insurance enrollees to be responsible and informed consumers; (2) the manner in which the State will coordinate and distinguish the services provided by the health care consumer assistance office with the services provided by the long-term care ombudsman authorized by the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the State health insurance information program authorized under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4), the protection and advocacy program authorized under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.), and any other programs that provide information and assistance to health care consumers; (3) the manner in which the State will coordinate and distinguish the health care consumer assistance office and its services from enrollment services provided under the medicaid and State children's health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.), and medicare and medicaid health care fraud and abuse activities including those authorized by Federal law under title 11 of the Social Security Act (42 U.S.C. 1301 et seq.), and State health insurance departments and health plan programs that perform similar functions; (4) the manner in which the State will provide services to underserved and minority populations and populations residing in rural areas; (5) the manner in which the State will establish and implement procedures and protocols, consistent with applicable Federal and State confidentiality laws, to ensure the confidentiality of all information shared by consumers and their health care providers, health plans, or insurers with the office established under subsection (d)(1) and to ensure that no such information is used, released or referred without the express prior permission of the consumer in accordance with section 4(b), except to the extent that the office collects or uses aggregate information; (6) the manner in which the State will oversee the health care consumer assistance office, its activities and product materials, and evaluate program effectiveness; (7) the manner in which the State will provide for the collection of non-Federal contributions for the operations of the office in an amount that is not less than 25 percent of the amount of Federal funds provided under this Act; and (8) the manner in which the State will ensure that funds made available under this Act will be used to supplement, and not supplant, any other Federal, State, or local funds expended to provide services for programs described under this Act and those described in paragraphs (3) and (4). (c) Amount of Grant.-- (1) In general.--From amounts appropriated under section 4 for a fiscal year, the Secretary shall award a grant to a State in an amount that bears the same ratio to such amounts as the number of individuals within the State covered under a health insurance plan (as determined by the Secretary) bears to the total number of individuals covered under a health insurance plan in all States (as determined by the Secretary). Any amounts provided to a State under this section that are not used by the State shall be remitted to the Secretary and reallocated in accordance with this paragraph. (2) Minimum amount.--In no case shall the amount provided to a State under a grant under this section for a fiscal year be less than an amount equal to .5 percent of the amount appropriated for such fiscal year under section 5. (d) Provision of Funds for Establishment of Office.-- (1) In general.--From amounts provided under a grant under this section, a State shall, directly or through a contract with an independent, nonprofit entity with demonstrated experience in serving the needs of health care consumers, provide for the establishment and operation of a State health care consumer assistance office. (2) Eligibility of entity.--To be eligible to enter into a contract under paragraph (1), an entity shall demonstrate that the entity has the technical, organizational, and professional capacity to deliver the services described in section 4 throughout the State to all public and private health insurance consumers. SEC. 4. USE OF FUNDS. (a) By State.--A State shall use amounts provided under a grant awarded under this Act to carry out consumer assistance activities directly or by contract with an independent, non-profit organization. The State shall ensure the adequate training of personnel carrying out such activities. Such activities shall include-- (1) the operation of a toll-free telephone hotline to respond to consumer requests for assistance; (2) the dissemination of appropriate educational materials on how best to access health care and the rights and responsibilities of health care consumers; (3) the provision of education to health care consumers on effective methods to promptly and efficiently resolve their questions, problems, and grievances; (4) referrals to appropriate private and public entities to resolve questions, problems and grievances; (5) the coordination of educational and outreach efforts with consumers, health plans, health care providers, payers, and governmental agencies; and (6) the provision of information and assistance to consumers regarding internal, external, or administrative grievances or appeals procedures in nonlitigative settings to appeal the denial, termination, or reduction of health care services, or the refusal to pay for such services, under a health insurance plan. (b) Confidentiality and Access to Information.--The health care consumer assistance office of a State shall establish and implement procedures and protocols, consistent with applicable Federal and State confidentiality laws, to ensure the confidentiality of all information shared by consumers and their health care providers, health plans, or insurers with the office and to ensure that no such information is used, released, or referred to State agencies or outside entities without the expressed prior permission of the consumer, except to the extent that the office collects or uses aggregate information that is not individually identifiable. Such procedures and protocols shall ensure that the health care consumer is provided with a description of the policies and procedures of the office with respect to the manner in which health information may be used to carry out consumer assistance activities. (c) Availability of Services.--The health care consumer assistance office of a State shall not discriminate in the provision of information and referrals regardless of the source of the individual's health insurance coverage or prospective coverage, including individuals covered under employer-provided insurance, self-funded plans, the medicare or medicaid programs under title XVII or XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.), or under any other Federal or State health care program. (d) Designation of Responsibilities.-- (1) Within existing state entity.--If the health care consumer assistance office of a State is located within an existing State regulatory agency or office of an elected State official, the State shall ensure that-- (A) there is a separate delineation of the funding, activities, and responsibilities of the office as compared to the other funding, activities, and responsibilities of the agency; and (B) the office establishes and implements procedures and protocols to ensure the confidentiality of all information shared by consumers and their health care providers, health plans, or insurers with the office and to ensure that no information is transferred or released to the State agency or office without the expressed prior permission of the consumer in accordance with subsection (b). (2) Contract entity.--In the case of an entity that enters into a contract with a State under section 3(d), the entity shall provide assurances that the entity has no real or perceived conflict of interest in providing advice and assistance to consumers regarding health insurance and that the entity is independent of health insurance plans, companies, providers, payers, and regulators of care. (e) Subcontracts.--The health care consumer assistance office of a State may carry out activities and provide services through contracts entered into with 1 or more nonprofit entities so long as the office can demonstrate that all of the requirements of this Act are complied with by the office. (f) Term.--A contract entered into under this section shall be for a term of 3 years. SEC. 5. FUNDING. There are authorized to be appropriated $100,000,000 to carry out this Act. SEC. 6. REPORT OF THE SECRETARY. Not later than 1 year after the Secretary first awards grants under this Act, and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the activities funded under section 4 and the effectiveness of such activities in resolving health care-related problems and grievances.

Health Care Consumers Assistance Fund Act - Directs: (1) the Secretary of Health and Human Services to establish the Health Care Consumer Assistance Fund for State grants to provide consumers with health insurance information, assistance, and referrals; and (2) States, from such amounts, to establish health care consumer assistance offices.

A bill to provide for the establishment of an assistance program for health insurance consumers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Matthew Boisvert Help Extend Respect Owed to Every Soldier (HEROES) Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INITIAL CARE Sec. 101. Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals. Sec. 102. Authority to provide civilian clothing to members traveling in connection with medical evacuation. TITLE II--HEALTH CARE Sec. 201. Minimum standards for postdeployment medical examinations. Sec. 202. Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics. Sec. 203. Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom. Sec. 204. Rescission of Department of Veterans Affairs memorandum. TITLE III--TRANSITION ASSISTANCE Sec. 301. Disabled Servicemembers Support System. Sec. 302. Reauthorization of Service Members Occupational Conversion and Training Act. Sec. 303. Sense of Congress on DoD/VA information sharing. TITLE IV--HOMEOWNERSHIP Sec. 401. Mortgage assistance. TITLE V--EDUCATION Sec. 501. Repeal of $1,200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program. TITLE I--INITIAL CARE SEC. 101. ACCESS OF VETERANS SERVICE ORGANIZATIONS AND MILITARY SERVICE ORGANIZATIONS TO VETERANS AT MILITARY AND VETERANS HOSPITALS. (a) Access to VA Facilities.--The Secretary of Veterans Affairs shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to veterans being furnished hospital care and medical services by the Secretary in order to provide information and counseling to those veterans on the care and services authorized to be provided under laws administered by the Secretary. Access to veterans under this subsection shall be provided at each facility of the Department at which the Secretary furnishes care and services to veterans and at each non-Department facility at which the Secretary furnishes such care and services. (b) Access to DOD Facilities.--The Secretary of Defense shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to members of the Armed Forces being furnished hospital care and medical services by the Secretary in order to provide information and counseling to those veterans on the care and services authorized to be provided under laws administered by the Secretary of Defense and under laws administered by the Secretary of Veterans Affairs. Access to servicemembers under this subsection shall be provided at each military treatment facility at each other facility at which the Secretary furnishes such care and services. (c) Consent Required.-- Access to a veteran under this section is subject to the consent of the veteran. SEC. 102. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO MEMBERS TRAVELING IN CONNECTION WITH MEDICAL EVACUATION. Section 1047 of title 10, United States Code, is amended-- (1) by inserting ``(b) Certain Enlisted Members.--'' before ``The Secretary''; and (2) by inserting after the section heading the following: ``(a) Members Traveling in Connection With Medical Evacuation.--The Secretary of the military department concerned may furnish civilian clothing and personal care products to a member at a cost not to exceed $250, or reimburse a member for the purchase of civilian clothing in an amount not to exceed $250, in the case of a member who-- ``(1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated while on active duty; or ``(2) after being medically evacuated as described in paragraph (1), is in an authorized travel status from a medical facility to another location approved by the Secretary.''. TITLE II--HEALTH CARE SEC. 201. MINIMUM STANDARDS FOR POSTDEPLOYMENT MEDICAL EXAMINATIONS. (a) Quality Assurance.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish an effective quality assurance program that will help ensure that the Armed Forces comply with the requirements of section 1074f(d) of title 10, United States Code. (b) Uniform Applicability.--The Secretary shall ensure that the content and standards prescribed for predeployment and postdeployment medical examinations are applied uniformly at all installations and medical facilities of the Armed Forces where medical examinations required under this section are performed for members of the Armed Forces returning from a deployment as part of Operation Iraqi Freedom or Operation Enduring Freedom. (c) Inclusion of Screening for Mental Health Disorders.--Any such postdeployment examination shall include content and standards for screening for mental health disorders. In the case of acute post- traumatic stress disorder and delayed onset post-traumatic stress disorder, such examination shall specifically include a personal evaluation to identify stressors experienced by servicemembers that have the potential to lead to post-traumatic stress disorders. An examination consisting solely or primarily of an assessment questionnaire completed by a member does not meet the requirements of this subsection for a medical examination and does not meet the requirements of this section for an assessment. An examination of a member required under this section may not be waived by the Secretary (or any official exercising the Secretary's authority under this section) or by the member. SEC. 202. REQUIREMENT FOR VOUCHERS FOR PSYCHIATRIC SERVICES NOT OFFERED IN DEPARTMENT OF VETERANS AFFAIRS CLINICS. The Secretary of Veterans Affairs shall provide vouchers to veterans entitled to psychiatric and mental health services at medical facilities of the Department of Veterans Affairs for use at non- Department facilities in the case of eligible veterans who reside more than 50 miles from the nearest such facility of the Department. SEC. 203. HEALTH REGISTRY FOR VETERANS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Establishment.--The Secretary of Veterans Affairs shall establish and maintain a special record containing health status information concerning individuals who as members of the Armed Forces served during Operation Iraqi Freedom or Operation Enduring Freedom. The registry shall be used to record demographic information on those individuals and their mental and physical health history, including signs of post-traumatic stress disorder. (b) Claims for Compensation.--The Secretary shall include in the information maintained in the record under subsection (a) information on claims for veterans' disability compensation due to ill health. (c) Compatibility With DOD Registry.--The Secretary shall ensure that the information in the record under this section be collected and maintained so as to enable easy cross-reference with a registry for the Department of Defense established under this Act. (d) Notification of Research Developments.--The Secretary shall notify individuals in the Registry from time to time on significant developments in research on the health consequences of military service during the operations specified in subsection (a). SEC. 204. RESCISSION OF DEPARTMENT OF VETERANS AFFAIRS MEMORANDUM. (a) Rescission of Memorandum.--The memorandum of the Department of Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary for Health for Operations and Management with the subject ``Status of VHA Enrollment and Associated Issues'' is hereby rescinded. Marketing activities of Directors of health service networks (known as ``Veterans Integrated Service Networks'') of the Department of Veterans Affairs to enroll new veterans within their respective networks shall be carried out without regard to such memorandum. (b) Funding Limitation.--No funds available to the Department of Veterans Affairs may be used to carry out the memorandum referred to in subsection (a) or otherwise to implement the policy contained in that memorandum. TITLE III--TRANSITION ASSISTANCE SEC. 301. DISABLED SERVICEMEMBERS SUPPORT SYSTEM. (a) DSSS Program.--The Secretary of each military department shall carry out a program to provide a support system for members of the Armed Forces who incur severe disabilities on or after September 11, 2001. The program shall include a system of advocacy and follow-up with personal support to assist those members as they transition from military service to the civilian community. (b) Service Executive Agent.--The Secretary of each military department shall designate an executive agent for each of the Armed Forces under that Secretary's jurisdiction to have the authority and responsibility to carry out the program under this section throughout that Armed Force and, in cooperation with the Secretary of Homeland Security, for members of the Coast Guard with severe disabilities. (c) Personnel.--The Secretary shall ensure that there are sufficient personnel assigned to the program so that the the ratio of severely disabled members or former members eligible for the program at any time to the number of personnel assigned to the program with specific responsibility for advocacy and follow-up for assigned members and former members is not greater than 30:1. (d) Authorization.--There are authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out the programs under this section. SEC. 302. REAUTHORIZATION OF SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT. (a) Employment Training Assistance.--The Secretary of Defense shall carry out a program to assist eligible persons in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. The program shall be carried out through payments to employers who employ and train eligible persons in such positions, to defray the costs of necessary training. (b) Agreements With State Agencies.--The Secretary (or other implementing official) may enter into contracts or agreements with State approving agencies (as designated pursuant to section 3671 of title 38, United States Code) or other State agencies to carry out duties under the program. The Secretary (or other implementing official) shall require each such State approving agency or other State agency to submit to the Secretary (or other official) a monthly certification of charges submitted for expenses under the program. (c) Eligible Persons.--For purposes of the program under this section, a person is an eligible person if the person is an eligible person under the Service Members Occupational Conversion and Training Act of 1992 (10 U.S.C. 1143 note) or if the person, while a member of the Armed Forces on active duty, served in Operation Enduring Freedom or Operation Iraqi Freedom. (d) Incorporation of Provisions of 1992 Act.--In carrying out the program under this section, the Secretary shall, to the maximum extent practicable, incorporate the provisions of the Service Members Occupational Conversion and Training Act of 1992 (10 U.S.C. 1143 note). SEC. 303. SENSE OF CONGRESS ON DOD/VA INFORMATION SHARING. It is the sense of Congress that the Secretary of Defense and the Secretary of Veterans Affairs-- (1) should jointly identify ways to improve the coordination and cooperation between the two departments to support the provision of veterans' benefits to members and former members of the Armed Forces who have been deployed as described in section 1074f(a) of title 10, United States Code, as well as to other members and former members of the Armed Forces; and (2) in particular, should specifically address compatibility of health care filing systems, consistency of claims forms, consistency of medical examinations, and shared electronic databases with appropriate privacy protections. TITLE IV--HOMEOWNERSHIP SEC. 401. MORTGAGE ASSISTANCE. (a) In General.--Section 230 of the National Housing Act (12 U.S.C. 1715u) is amended by adding at the end the following new subsection: ``(g)(1) The Secretary shall provide assistance and supplemental assistance under this subsection with respect to mortgages of members of the Armed Forces who are seriously injured during service in the Armed Forces, for the purpose of avoiding foreclosure on the mortgages. ``(2) An individual shall be eligible for assistance under this subsection only if-- ``(A) the individual has been seriously injured while on active duty in the Armed Forces; and ``(B) the income of the individual is materially reduced (in the determination of the Secretary) because of such injury. ``(3) A mortgage shall be eligible for assistance under this subsection only if-- ``(A) the mortgagor is an eligible member of the Armed Forces; and ``(B) the dwelling that secures the loan subject to the mortgage is the primary residence of the eligible member of the Armed Forces. ``(4)(A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide assistance under this subsection in the form of monthly payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. ``(B) Assistance payments under this paragraph shall be made for the 2-year period beginning upon the serious injury of the eligible member of the Armed Forces. ``(C) Assistance payments under this paragraph shall be in the amount determined by the Secretary to be necessary to pay any monthly charges during such period for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)), and may include an amount necessary to make the payments on the mortgage current. ``(5)(A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide supplemental assistance under this subsection in the form of monthly supplemental payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. ``(B) Supplemental assistance payments under this paragraph shall be made for the period beginning upon the expiration of the 2-year period under paragraph (4)(B) and ending upon payment in full of the obligation under the eligible mortgage. ``(C) Supplemental assistance payments under this paragraph shall be made in the amount equal to the difference between-- ``(i) the amount determined by the Secretary to be necessary to pay any monthly charges for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)); and ``(ii) 30 percent of the monthly income of the household of the mortgagor. ``(D) Supplemental assistance payments under this paragraph may include an amount necessary to make the payments on the mortgage current. ``(6) The Secretary may prescribe additional requirements to carry out this subsection. ``(7) For purposes of this subsection: ``(A) The term `active duty' means full-time duty in the active military service of the United States. The term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. ``(B) The term `Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Coast Guard, and includes members of the National Oceanic and Atmospheric Administration and the Public Health Service when assigned to and serving with the Armed Forces. ``(C) The term `eligible member of the Armed Forces' means an individual who meets the requirements under paragraph (2). ``(D) The term `eligible mortgage' means a mortgage that meets the requirements under paragraph (3). The term `mortgage' means all first mortgages and includes mortgages not insured under this title. ``(E) The term `income' means income from all sources and members of the household, including any benefits and annuities, as determined in accordance with criteria prescribed by the Secretary. ``(8) There are authorized to be appropriated such sums as may be necessary to carry out this subsection.''. (b) Effective Date.--Assistance may be provided under the amendments made by subsection (a) only with respect to eligible members of the Armed Forces seriously injured on or after September 11, 2001. TITLE V--EDUCATION SEC. 501. REPEAL OF $1,200 REDUCTION IN BASIC PAY REQUIRED FOR PARTICIPATION BY MEMBERS OF THE ARMED FORCES IN THE MONTGOMERY GI BILL EDUCATIONAL ASSISTANCE PROGRAM. Any reduction in the basic pay of an individual referred to in section 3011(b) of title 38, United States Code, by reason of such section 3011(b), or of any individual referred to in section 3012(c) of such title by reason of such section 3012(c), as of the date of the enactment of this Act shall cease, commencing with the first month beginning after such date, and any obligation of such individual under such section 3011(b) or 3012(c), as the case may be, as of the day before such date shall be considered to be fully satisfied as of such date.

Matthew Boisvert Help Extend Respect Owed to Every Soldier (HEROES) Act - Directs the Secretary of Veterans Affairs and the Secretary of Defense to allow certain military and veterans' service organizations access to veterans being furnished hospital care and medical services, subject to the consent of such veterans, for the purpose of providing information and counseling to such veterans. Authorizes payment or reimbursement up to $250 for civilian clothing and personal care products for members of the Armed Forces (members) who are evacuated for medical treatment. Requires the Secretary of Defense to establish minimum uniform standards for postdeployment medical examinations. Requires that such examinations include screening for mental health disorders. Requires the Secretary of Veterans Affairs to: (1) provide veterans who live more than 50 miles from a Department of Veterans Affairs (DVA) medical facility with vouchers for psychiatric services at private facilities; (2) establish and maintain a health status registry for veterans of Operation Iraqi Freedom and Operation Enduing Freedom. Rescinds a DVA Memorandum dated July 18, 2002, entitled "Status of VHA Enrollment and Associated Issues." Directs the Secretary of each military department to establish a support system for members who incur severe disabilities on or after September 11, 2001, to assist in the transition to civilian life. Directs the Secretary of Defense to carry out a program of employment training for veterans. Directs the Secretary of Housing and Urban Development to provide mortgage assistance to members who were seriously injured while on active duty.

To provide improved benefits and procedures for the transition of members of the Armed Forces from combat zones to noncombat zones and for the transition of veterans from service in the Armed Forces to civilian life.

SECTION 1. TEMPORARY DUTY SUSPENSION. (a) In General.--Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.12 3-acetoxy-2- methylbenzoyl chloride (CAS No. 167678-46-8) (provided for in subheading 2918.29.65)........ Free No change On or before 3/30/ 97 9902.32.13 2S, 3R-N-Cbz-3-amino- 1-chloro-4- phenylsulfanyl- butan-2-ol (CAS No. 159878-02-1) (provided for in subheading 2922.19.60)........ Free No change On or before 3/30/ 97 9902.32.14 N-(1,1- dimethylethyl) decahydro-2-[2- hydroxy-3-[(3- hydroxy-2- methylbenzoyl) amino]-4- (phenylthio)butyl]- 3- isoquinolinecarboxa mide, [3S- [2(2S*,3S*), 3.a.,4a.b.,8a.b.]] (CAS No. 159989-64- 7) (provided for in subheading 2933.40.60)........ Free No change On or before 3/30/ 97 '' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any goods described in subheading 9902.32.12, 9902.32.13, or 9902.32.14 of the Harmonized Tariff Schedule of the United States (as amended by subsection (a)) that was made-- (A) on or after August 1, 1996, and (B) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through March 30, 1997, the duty on certain chemicals used in the formulation of an HIV protease inhibitor.

To suspend temporarily the duty on certain chemicals used in the formulation of an HIV Protease Inhibitor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Flooding Awareness Act of 2015''. SEC. 2. URBAN FLOODING DEFINED. (a) In General.--In this Act, the term ``urban flooding'' means the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems, such as storm sewers. (b) Inclusions.--In this Act, the term ``urban flooding'' includes-- (1) situations in which stormwater enters buildings through windows, doors, or other openings; (2) water backup through sewer pipes, showers, toilets, sinks, and floor drains; (3) seepage through walls and floors; (4) the accumulation of water on property or public rights- of-way; and (5) the overflow from water bodies, such as rivers and lakes. (c) Exclusion.--In this Act, the term ``urban flooding'' does not include flooding in undeveloped or agricultural areas. (d) Primary Focus of Study.--Although the definition of the term ``urban flooding'' in this section acknowledges that flooding may be caused in part by the overflow of rivers or other bodies of water, the primary focus of the study under section 3 shall be on urban areas outside of special flood hazard areas, as that term is defined by the Federal Emergency Management Agency. SEC. 3. URBAN FLOODING STUDY. (a) Agreement With National Academy of Sciences.--The Administrator of the Federal Emergency Management Agency shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences will conduct a study on urban flooding in accordance with the requirements of this section. (b) Contents.-- (1) General review and evaluation.--In conducting the study, the National Academy of Sciences shall review and evaluate the latest available research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. (2) Specific issue areas.--The study shall include, at a minimum, an examination of the following: (A) The prevalence and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and any clear trends in frequency and severity over the past 2 decades. (B) The adequacy of existing federally provided flood risk information and the most cost effective methods and products to identify, map, or otherwise characterize the risk of property damage from urban flooding on a property-by-property basis, whether or not a property is in or adjacent to a 1-percent (100- year) flood plain, and the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners and their communities. (C) The causes of urban flooding and its apparent increase over the past 20 years, including the impacts of-- (i) global climate change; (ii) increasing urbanization and the associated increase in impervious surfaces; and (iii) undersized, deteriorating, and otherwise ineffective stormwater infrastructure. (D) The most cost-effective strategies, practices, technologies, policies, standards, or rules used to reduce the impacts of urban flooding, with a focus on decentralized, easy-to-install, and low-cost approaches, such as nonstructural and natural infrastructure on public and private property. The examination under this subparagraph shall include an assessment of opportunities for implementing innovative strategies and practices on government-controlled land, such as Federal, State, and local roads, parking lots, alleys, sidewalks, buildings, recreational areas, and open space. (E) The role of the Federal Government and State governments, as conveners, funders, and advocates, in spurring market innovations based on public-private- nonprofit partnerships. Such innovations may include smart home technologies for improved flood warning systems connected to high-resolution weather forecast data and Internet- and cellular-based communications systems. (F) The most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government, including-- (i) the potential for establishing a State revolving fund program for flood prevention projects similar to the revolving fund programs under the Federal Water Pollution Control Act and the Safe Drinking Water Act; (ii) stormwater fee programs using impervious surface as the basis for fee rates and providing credits for the installation of flood prevention or other stormwater management features; (iii) grant programs; and (iv) public-private partnerships. (G) Information and education strategies and practices, including nontraditional approaches such as the use of community colleges and social media, for community leaders, government staff, and property owners on-- (i) flood risks; (ii) flood risk reduction strategies and practices; and (iii) the availability and effectiveness of different types of flood insurance policies. (H) The relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains, and strategies for improving compliance, broadening coverage, and increasing participation under the programs. (I) Strategies for protecting communities in the lower elevations of a watershed or drainage area from the flooding impacts of development in upstream communities, including a review of-- (i) potential standards for watershed-wide flood protection planning; and (ii) cost-effective and equitable legal options for a downstream community when upstream communities act in a way that increases flooding downstream. (J) Cost-effective strategies for reducing infiltration/inflow into combined and separate sewer systems. (K) Opportunities to increase coordination between stormwater management programming under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and flood risk management and mitigation programming under various laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). (c) Consultation.-- (1) In general.--The Administrator of the Federal Emergency Management Agency shall carry out this section in consultation with the Secretary of the Army (acting through the Chief of Engineers), the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, the Director of the United States Geological Survey, the Chief of the Natural Resources Conservation Service, the Administrator of the Small Business Administration, State, regional, and local stormwater management agencies, State insurance commissioners, and such other interested parties as the Administrator of the Federal Emergency Management Agency considers appropriate. (2) Cooperation.--The head of each Federal agency referred to in paragraph (1) shall cooperate with the Administrator of the Federal Emergency Management Agency in carrying out this section as requested by the Administrator. (d) Report to Congress.--Not later than December 31, 2016, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Financial Services and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate a report containing the findings of the National Academy of Sciences based on the results of the study, including recommendations for implementation of strategies, practices, and technologies relating to urban flooding by Congress and the executive branch.

Urban Flooding Awareness Act of 2015 Directs the Federal Emergency Management Agency (FEMA) to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study on urban flooding. Defines "urban flooding" as the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems. Requires the primary focus of the study to be on urban areas outside of special flood hazard areas. Directs the NAS to evaluate the latest research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. Requires the study to include an examination of: the prevalence of and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and trends in frequency and severity over the past two decades; the adequacy of federally provided flood risk information and the most cost-effective methods and products to characterize the risk of property damage from urban flooding on a property-by-property basis; the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners; the causes of urban flooding and its apparent increase; the most cost-effective strategies, practices, technologies, policies, standards, or rules used to reduce the impacts of urban flooding; the role of the federal and state governments in spurring market innovations based on public-private-nonprofit partnerships; the most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government; the relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains and strategies for improving compliance, broadening coverage, and increasing participation under the Program; strategies for protecting communities in the lower elevations of a watershed or drainage area from the flooding impacts of development in upstream communities; cost-effective strategies for reducing infiltration/inflow into combined and separate sewer systems; and opportunities to increase coordination between stormwater management programming under the Federal Water Pollution Control Act and flood risk management and mitigation programming under various laws.

Urban Flooding Awareness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Health Care Expansion Act of 1996''. SEC. 2. IMPROVED EFFICIENCY IN HEALTH CARE RESOURCE MANAGEMENT. (a) Repeal of Sunset Provision.--Section 204 of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4950) is repealed. (b) Cost Recovery.--Title II of such Act is further amended by adding at the end the following new section: ``SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS. ``(a) Right To Recover.--In the case of a primary beneficiary (as described in section 201(2)(B)) who has coverage under a health-plan contract, as defined in section 1729(i)(1)(A) of title 38, United States Code, and who is furnished care or services by a Department medical facility pursuant to this title, the United States shall have the right to recover or collect charges for such care or services from such health-plan contract to the extent that the beneficiary (or the provider of the care or services) would be eligible to receive payment for such care or services from such health-plan contract if the care or services had not been furnished by a department or agency of the United States. Any funds received from such health-plan contract shall be credited to funds that have been allotted to the facility that furnished the care or services. ``(b) Enforcement.--The right of the United States to recover under such a beneficiary's health-plan contract shall be enforceable in the same manner as that provided by subsections (a)(3), (b), (c)(1), (d), (f), (h), and (i) of section 1729 of title 38, United States Code.''. SEC. 3. SHARING AGREEMENTS FOR HEALTH CARE RESOURCES. (a) Repeal of Section 8151.--(1) Subchapter IV of chapter 81 of title 38, United States Code, is amended-- (A) by striking out section 8151; and (B) by redesignating sections 8152, 8153, 8154, 8155, 8156, 8157, and 8158 as sections 8151, 8152, 8153, 8154, 8155, 8156, and 8157, respectively. (2) The table of sections at the beginning of such chapter is amended-- (A) by striking out the item relating to section 8151; and (B) by revising the items relating to sections 8152, 8153, 8154, 8155, 8156, 8157, and 8158 to reflect the redesignations by paragraph (1)(B). (b) Revised Authority for Sharing Agreements.--Section 8152 of such title (as redesignated by subsection (a)(1)(B)) is amended-- (1) in subsection (a)(1)(A)-- (A) by striking out ``specialized medical resources'' and inserting in lieu thereof ``health-care resources''; and (B) by striking out ``other'' and all that follows through ``medical schools'' and inserting in lieu thereof ``any medical school, health-care provider, health-care plan, insurer, or other entity or individual''; (2) in subsection (a)(2) by striking out ``only'' and all that follows through ``are not'' and inserting in lieu thereof ``if such resources are not, or would not be,''; (3) in subsection (b), by striking out ``reciprocal reimbursement'' in the first sentence and all that follows through the period at the end of that sentence and inserting in lieu thereof ``payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.''; (4) in subsection (d), by striking out ``preclude such payment, in accordance with--'' and all that follows through ``to such facility therefor'' and inserting in lieu thereof ``preclude such payment to such facility for such care or services''; (5) by redesignating subsection (e) as subsection (f); and (6) by inserting after subsection (d) the following new subsection (e): ``(e) The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines-- ``(1) that such an arrangement will not result in the denial of, or a delay in providing access to, care to any veteran at that facility; and ``(2) that such an arrangement-- ``(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or ``(B) will result in the improvement of services to eligible veterans at that facility.''. (c) Cross-Reference Amendments.--(1) Section 8110(c)(3)(A) of such title is amended by striking out ``8153'' and inserting in lieu thereof ``8152''. (2) Subsection (b) of section 8154 of such title (as redesignated by subsection (a)(1)(B)) is amended by striking out ``section 8154'' and inserting in lieu thereof ``section 8153''. (3) Section 8156 of such title (as redesignated by subsection (a)(1)(B)) is amended-- (A) in subsection (a), by striking out ``section 8153(a)'' and inserting in lieu thereof ``section 8152(a)''; and (B) in subsection (b)(3), by striking out ``section 8153'' and inserting in lieu thereof ``section 8152''. (4) Subsection (a) of section 8157 of such title (as redesignated by subsection (a)(1)(B)) is amended-- (A) in the matter preceding paragraph (1), by striking out ``section 8157'' and ``section 8153(a)'' and inserting in lieu thereof ``section 8156'' and ``section 8152(a)'', respectively; and (B) in paragraph (1), by striking out ``section 8157(b)(4)'' and inserting in lieu thereof ``section 8156(b)(4)''. SEC. 4. PERSONNEL FURNISHING SHARED RESOURCES. Section 712(b)(2) of title 38, United States Code, is amended-- (1) by striking out ``the sum of--'' and inserting in lieu thereof ``the sum of the following:''; (2) by capitalizing the first letter of the first word of each of subparagraphs (A) and (B); (3) by striking out ``; and'' at the end of subparagraph (A) and inserting in lieu thereof a period; and (4) by adding at the end the following: ``(C) The number of such positions in the Department during that fiscal year held by persons involved in providing health-care resources under section 8111 or 8152 of this title.''.

Department of Veterans Affairs Health Care Expansion Act of 1996 - Repeals a provision of the Veterans Health Care Act of 1992 which terminates the authority of the Secretary of Veterans Affairs (Secretary) to enter into an agreement with the Secretary of Defense for the sharing of health care. Entitles the United States to recover or collect from a private health care plan charges for care or services furnished by a Department of Veterans Affairs medical facility to a primary beneficiary of such plan to the extent that the beneficiary would be eligible under the plan to receive payment if the care or services had not been furnished by a U.S. department or agency. Repeals a statement of congressional purpose regarding the sharing of health care resources of the Department with certain other entities. Authorizes the Secretary to share all health care resources (currently, only specialized medical resources) with medical schools, health-care facilities and research centers (current law), as well as with any health-care provider or plan, insurer, or other entity or individual. Repeals a provision requiring reciprocal reimbursement of the cost of such shared resources, instead providing for payment to the Department under procedures which allow appropriate flexibility to negotiate a payment which is in the best interest of the Government. Authorizes the Secretary to enter into an arrangement that authorizes the furnishing of services to non-veterans only if the Secretary determines that such an arrangement: (1) will not result in the denial of or delay in the provision of care to any veteran at that facility; and (2) is necessary to maintain an acceptable level and quality of service to veterans and will result in the improvement of services to eligible veterans at that facility. Excludes from limitations on the number of full-time equivalent positions permitted in the Department those positions held by persons involved in providing health care resources under sharing arrangements.

Department of Veterans Affairs Health Care Expansion Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Neurotechnology Initiative Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) While the field of neuroscience is highly advanced, our understanding of how the brain works still has many gaps and our ability to repair damage remains limited. (2) Nearly 100,000,000 Americans suffer from a brain or nervous system disease, injury, or disorder, and the national economic burden of such brain-related illnesses has reached over $1,000,000,000,000 per year and is growing alarmingly due to an aging population. (3) Critical unmet medical needs exist in almost every area of the brain and nervous system, including Alzheimer's disease, addiction, anxiety, chronic pain, depression, epilepsy, hearing loss, multiple sclerosis, obesity, Parkinson's disease, schizophrenia, sleep, spinal cord injury, stroke, traumatic brain injury, and more. (4) While the science of the brain is moving forward more rapidly than any other science today, we must ensure these discoveries quickly become tools to improve the human condition. (5) Neurotechnology holds the potential to transform nearly every aspect of our lives from medicine to defense to education to computing, as well as our conception of the human mind. (6) A global race is underway to determine the country that will lead the neurotechnology economy, which will have long- lasting implications on employment, infrastructure development, and regional competitiveness. (7) Federal leadership is needed to accelerate and coordinate the development of neurotechnology and bring the benefits to those in need across the Nation. (8) Therefore, it is in the national interest for the Federal Government to increase investment and interagency coordination of Federal neurotechnology research, development, and commercialization programs. SEC. 3. DEFINITIONS. In this Act: (1) Initiative.--The term ``Initiative'' means the National Neurotechnology Initiative implemented under section 4. (2) Neurotechnology.--The term ``neurotechnology'' means the science and technology that allows an individual to analyze, understand, treat, and heal the brain and nervous system. (3) Qualified staff.--The term ``qualified staff'' means a Food and Drug Administration employee who has academic training or significant experience in neurotechnology or related fields, or who has satisfactorily completed a Food and Drug Administration neuroscience training course. (4) Related fields.--The term ``related fields'' means neuroscience, neuromedicine, cognitive science, behavioral psychology, neuropharmacology, neuropsychiatry, neuroimaging, neuroregeneration, neurorehabilitation, neuromodulation, neurostimulation, biomedical engineering, bioengineering, molecular biology, computer science, robotics, and such other fields as the Director of the National Neurotechnology Coordinating Office determines to be related to neurotechnology. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Translational.--The term ``translational'' means relating to research that is focused on converting laboratory findings into patient treatments. SEC. 4. NATIONAL NEUROTECHNOLOGY INITIATIVE. (a) In General.--The Secretary shall implement a National Neurotechnology Initiative under which, acting through appropriate agencies, councils, and the National Neurotechnology Coordination Office established pursuant to section 5, the Secretary shall-- (1) establish goals, priorities, and metrics for evaluation for Federal neurotechnology research, development, commercialization, and other activities; (2) increase the investment in Federal research, development, and translational programs in neurotechnology, and related fields as appropriate, to achieve the goals described in paragraph (1); and (3) increase interagency coordination of Federal neurotechnology research, development, and other activities undertaken pursuant to the Initiative. (b) Areas of Concentration.--The Initiative shall-- (1) coordinate, support, and extend the neurotechnology- related activities of the National Institutes of Health and the work of the Blueprint for Neuroscience Research developed under section 6(a); (2) coordinate and promote neuroscience small business innovation research programs; (3) facilitate testing and evaluation of advances in neuromedicine, including drugs, diagnostics, and devices; and (4) coordinate and promote the study of the social, ethical, and legal aspects of neurotechnology. SEC. 5. COORDINATION. (a) In General.--The Secretary shall establish a National Neurotechnology Coordination Office, to be headed by a director to be appointed by the Secretary, that shall-- (1) coordinate Federal neurotechnology activities among the Department of Health and Human Services, the National Institutes of Health, the Food and Drug Administration, the Department of Defense, the Department of Veterans Affairs, and other Federal agencies; (2) serve as the point of contact on Federal neurotechnology activities for academia, industry, professional societies, State neurotechnology programs, interested citizen groups, and others to facilitate the exchange of technical and programmatic information; (3) conduct public outreach, including dissemination of findings and recommendations of the National Neurotechnology Advisory Council established under subsection (c), as appropriate; (4) promote access to, and the early application of, the technologies, innovations, and expertise derived from activities conducted under the Initiative by agencies and systems across the Federal Government, and by United States industry, including start-up companies; and (5) provide technical and administrative support to the National Neurotechnology Advisory Council. (b) Report.--The Director of the National Neurotechnology Coordination Office shall annually submit to the Secretary a report on the status of the Initiative. Such reports shall contain the results of an evaluation of the effectiveness of the Initiative in the year for which the report is being prepared and the goals and benchmarks for the following year. The Secretary shall transmit a copy of each report under this subsection to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (c) Advisory Council.-- (1) In general.--The Secretary shall establish, or designate an existing entity as, a National Neurotechnology Advisory Council. (2) Qualifications.-- (A) In general.--The Advisory Council shall consist primarily of members from academic institutions, not- for-profit organizations, and industry. (B) Requirements.--Members of the Advisory Council shall be qualified to provide advice and information on neurotechnology research, development, demonstrations, education, technology transfer, commercial application, delivery, access, or ethical, legal, and social issues related to neurotechnology. (C) Recommendations.--In appointing members to, or designating an entity as, an Advisory Council, the Secretary may seek and give consideration to recommendations from the Congress, industry, the scientific and medical communities (including the National Academy of Sciences, scientific and medical professional societies, not-for-profit organizations, and academia), the defense community, State and local governments, regional neurotechnology programs, and other appropriate organizations. (3) Duties.--The Advisory Council shall provide advice to the Director of the National Neurotechnology Coordination Office on matters relating to the Initiative, including assessing-- (A) trends and developments in neurotechnology and related fields; (B) progress made in implementing the Initiative; (C) the need to revise the Initiative; (D) the balance among the components of the Initiative, including funding levels for the program component areas; (E) whether the program component areas, priorities, and technical goals developed by the Council are helping to maintain United States leadership in neurotechnology and related fields; (F) the management, coordination, implementation, and activities of the Initiative; and (G) whether ethical, legal, and social issues are adequately addressed by the Initiative. (d) Authorization of Appropriations.-- (1) Office.--There is authorized to be appropriated to carry out subsections (a) and (b) $4,000,000 for each of fiscal years 2009, 2010, 2011, and 2012. (2) Advisory council.--There is authorized to be appropriated to carry out subsection (c) $1,000,000 for each of fiscal years 2009, 2010, 2011, and 2012. SEC. 6. PROGRAMS RELATED TO THE NATIONAL INSTITUTES OF HEALTH. (a) Blueprint for Neuroscience Research.--The Director of the National Institutes of Health shall develop a program or designate an existing program, to be known as the Blueprint for Neuroscience Research, for collaboration among the institutes, centers, and offices of the National Institutes of Health that support neuroscience research within the National Institutes of Health. Such program shall-- (1) identify pervasive challenges in neuroscience and any technological barriers to solving such challenges; and (2) support the development of new tools, training opportunities, and other resources to assist neuroscientists in both basic and clinical research. (b) Small Business Innovation Research.--In carrying out their duties under the Small Business Innovation Research Program, the directors of each of the institutes of the National Institutes of Health shall-- (1) where appropriate, give high priority to small business concerns that participate in or conduct neurotechnology research and development projects; and (2) annually report to the Director of the National Neurotechnology Coordination Office concerning the percentage of Small Business Innovation Research funding being used for such projects. (c) Small Business Technology Transfer.--In carrying out their duties under the Small Business Technology Transfer Program, the directors of each of the institutes of the National Institutes of Health shall-- (1) where appropriate, give high priority to small business concerns that participate in or conduct neurotechnology research and development projects; and (2) annually report to the Director of the National Neurotechnology Coordination Office concerning the percentage of Small Business Technology Transfer funding being used for such projects. (d) Authorization of Appropriations.-- (1) Blueprint for neuroscience research.--There are authorized to be appropriated to carry out subsection (a)-- (A) $80,000,000 for fiscal year 2009; (B) $88,000,000 for fiscal year 2010; (C) $96,800,000 for fiscal year 2011; and (D) $106,480,000 for fiscal year 2012. (2) Small business innovation research and small business technology transfer.-- (A) In general.--There are authorized to be appropriated to carry out subsections (b) and (c)-- (i) $75,000,000 for fiscal year 2009; (ii) $82,500,000 for fiscal year 2010; (iii) $90,750,000 for fiscal year 2011; and (iv) $99,825,000 for fiscal year 2012. (B) Limitation.--None of the funding authorized by this paragraph may be counted toward the expenditure amounts required by subsections (f) and (n) of section 9 of the Small Business Act (15 U.S.C. 638). SEC. 7. PROGRAMS RELATED TO THE FOOD AND DRUG ADMINISTRATION. (a) FDA Review.--The Commissioner of Food and Drugs shall direct the Director of the Center for Drug Evaluation and Research, the Director of the Center for Biologics Evaluation and Research, and the Director of the Center for Devices and Radiological Health to improve the timeliness of the review process for neurology and psychiatry by-- (1) increasing, through recruitment and training, the number of qualified staff within such Centers; and (2) improving the processes for creating guidelines with respect to neurology and psychiatry and communicating those guidelines to industry. (b) Neurotechnology Standards Workgroups.--The Commissioner of Food and Drugs shall sponsor workgroups including academic and industry representatives to develop standards for preclinical testing and clinical trial endpoints for emerging brain and nervous system indications for which clear and achievable standards do not otherwise exist on the date of the enactment of this Act. (c) Authorization of Appropriations.-- (1) FDA review.--There are authorized to be appropriated to carry out subsection (a)-- (A) $26,000,000 for fiscal year 2009; (B) $28,600,000 for fiscal year 2010; (C) $31,460,000 for fiscal year 2011; and (D) $34,606,000 for fiscal year 2012. (2) Neurotechnology standards workgroups.--There is authorized to be appropriated to carry out subsection (b) $4,000,000 for each of fiscal years 2009, 2010, 2011, and 2012. SEC. 8. PROGRAMS RELATED TO ETHICAL, LEGAL, AND SOCIAL ISSUES. (a) American Neurotechnology Study Center.--The Director of the National Neurotechnology Coordination Office shall-- (1) provide for the establishment, on a merit-reviewed and competitive basis, of an American Neurotechnology Study Center that shall-- (A) establish a research program to identify ethical, legal, and social issues related to neurotechnology and related fields, and ensure that the results of such research are widely disseminated; and (B) conduct, coordinate, collect, and disseminate studies on such issues; and (2) provide for public input and outreach to be integrated into the Initiative by the convening of regular and ongoing public discussions, through mechanisms such as citizens' panels, consensus conferences, and educational events, as appropriate. (b) Study on the Responsible Development of Neurotechnology.--The American Neurotechnology Study Center established under subsection (a) shall conduct a study to assess the need for standards, guidelines, or strategies for ensuring the responsible development of neurotechnology, including-- (1) the safety of use of brain interface devices; (2) human subject guidelines for research and development of neurotechnology; (3) the use of neurotechnology in the enhancement of human intelligence; (4) the development of defensive technologies relating to neurotechnology; (5) the use of neurotechnology in developing artificial intelligence; (6) the potential to ease the health care burden through use of neurotechnology; and (7) the development of appropriate ethical standards and guidelines for research and development in neurotechnology. (c) Study on the Economic Impact of Neurotechnology.--The Director of the National Neurotechnology Coordination Office shall, on a merit- reviewed and competitive basis, provide for the conduct of an annual study to assess the need for analyses, programs, reports, or strategies for ensuring the development of neurotechnology, including analyzing-- (1) the economic burden of brain and nervous system disorders and illness; (2) the economic growth potential of neurotechnology; (3) national and regional neurotechnology assets; and (4) global neurotechnology assets. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out subsection (a) and (b) $8,000,000 for each of fiscal years 2009, 2010, 2011, and 2012. (2) Study on the responsible development of neurotechnology.--There is authorized to be appropriated to carry out subsection (c) $2,000,000 for each of fiscal years 2009, 2010, 2011, and 2012. (3) Limitation.--No more than $250,000 per fiscal year shall be used to carry out subsection (a)(2).

National Neurotechnology Initiative Act - Defines "neurotechnology" to mean the science and technology that allows an individual to analyze, understand, treat, and heal the brain and nervous system. Requires the Secretary of Health and Human Services to implement a National Neurotechnology Initiative, under which the Secretary shall: (1) establish goals, priorities, and metrics for evaluation for federal neurotechnology research, development, and commercialization; (2) increase the investment in federal research, development, and translational programs in neurotechnology to achieve such goals; and (3) increase interagency coordination. Requires the Secretary to establish the National Neurotechnology Coordination Office and the National Neurotechnology Advisory Council. Requires the Director of the National Institutes of Health (NIH) to develop the Blueprint for Neuroscience Research to: (1) identify pervasive challenges in neuroscience and any technological barriers to solving such challenges; and (2) support the development of new tools, training opportunities, and other resources to assist neuroscientists in basic and clinical research. Directs the Commissioner of Food and Drugs to require the Directors of the Center for Drug Evaluation and Research, the Center for Biologics Evaluation and Research, and the Center for Devices and Radiological Health to improve the timelines of the review process for neurology and psychiatry. Requires the Director of the National Neurotechnology Coordination Office to establish the American Neurotechnology Study Center.

To direct the Secretary of Health and Human Services to implement a National Neurotechnology Initiative, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``COBRA Coverage Extension and Affordability Act of 2001''. SEC. 2. EXTENSION OF BASIC COBRA CONTINUATION PERIOD FROM 18 MONTHS TO 5 YEARS. (a) Internal Revenue Code Amendments.--Section 4980B(f)(2) of the Internal Revenue Code of 1986 is amended-- (1) by amending subclause (I) of subparagraph (B)(i) to read as follows: ``(I) General rule.--In the case of a qualifying event not described in paragraph (3)(F), the date which is 60 months after the date of the qualifying event.''; (2) in subparagraph (B)(i)-- (A) by striking subclause (II); (B) by striking subclauses (IV) and all that follows; (C) by redesignating subclause (III) as subclause (II); and (D) in subclause (II), as so redesignated, by inserting before the period at the end the following: ``or, in such case and if later, 60 months after the date of the qualifying event''; and (3) by striking the last sentence in subparagraph (C). (b) ERISA Amendments.--Section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162) is amended-- (1) by amending clause (i) of paragraph (2)(A) to read as follows: ``(i) General rule.--In the case of a qualifying event not described in section 603(6), the date which is 60 months after the date of the qualifying event.''; (2) in paragraph (2)(A)-- (A) by striking clause (ii); (B) by striking clause (iv) and all that follows; (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii), as so redesignated, by striking ``36 months after the date of the death of the covered employee'' and inserting ``the later of (I) 36 months after the date of the death of the covered employee, or (II) 60 months after the date of the qualifying event''; and (3) by striking the last sentence in paragraph (3). (c) PHSA Amendments.--Section 2202 of the Public Health Service Act 429 U.S.C. 300bb-2) is amended-- (1) by amending subparagraph (A) of paragraph (2)(A) to read as follows: ``(A) Maximum required period.--The date which is 60 months after the date of the qualifying event.''; and (2) by striking the last sentence of paragraph (3). (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2002, with respect to individuals whose period of extended coverage has not otherwise expired as of the first day of the first such plan year. SEC. 3. FURTHER EXTENSION OF COBRA CONTINUATION COVERAGE FOR INDIVIDUALS AGE 55 OR OLDER. (a) Internal Revenue Code Amendments.--Section 4980B(f)(2) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (B)(i), by inserting ``.--Subject to subparagraph (F)(i)--'' after ``period''; (2) in subparagraph (C)(i), by inserting ``subject to subparagraph (F)(ii),'' after ``(i)''; and (3) by adding at the end the following new subparagraph: ``(F) Extension of coverage for individuals age 55 or older.--In the case of an individual who attains the age of 55 on the date the period of extended coverage under this section would otherwise end by virtue of the application of a durational limitation in subparagraph (B)(i)-- ``(i) such durational limitations shall no longer apply to the individual; and ``(ii) during the period of any extended coverage solely by reason of the application of clause (i), in applying subparagraph (C)(i) any reference in such subparagraph to `102 percent' is deemed a reference to `125 percent'.''. (b) ERISA Amendments.--Section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162) is amended-- (1) in paragraph (2)(A), by inserting ``Subject to paragraph (6)(A)--'' after ``period.--''; (2) in paragraph (3)(A), by inserting ``subject to paragraph (6)(B),'' after ``(A)''; and (3) by adding at the end the following new paragraph: ``(6) Extension of coverage for individuals age 55 or older.--In the case of an individual who attains the age of 55 on the date the period of extended coverage under this section would otherwise end by virtue of the application of a durational limitation in paragraph (2)(A)-- ``(A) such durational limitations shall no longer apply to the individual; and ``(B) during the period of any extended coverage solely by reason of the application of subparagraph (A), in applying paragraph (3)(A) any reference in such paragraph to `102 percent' is deemed a reference to `125 percent'.''. (c) PHSA Amendments.--Section 2202 of the Public Health Service Act (42 U.S.C. 300bb-2) is amended-- (1) in paragraph (2)(A), by inserting ``Subject to paragraph (6)(A)--'' after ``period.--''; (2) in paragraph (3)(A), by inserting ``subject to paragraph (6)(B),'' after ``(A)''; and (3) by adding at the end the following new paragraph: ``(6) Extension of coverage for individuals age 55 or older.--In the case of an individual who attains the age of 55 on the date the period of extended coverage under this section would otherwise end by virtue of the application of a durational limitation in paragraph (2)(A)-- ``(A) such durational limitations shall no longer apply to the individual; and ``(B) during the period of any extended coverage solely by reason of the application of subparagraph (A), in applying paragraph (3)(A) any reference in such paragraph to `102 percent' is deemed a reference to `125 percent'.''. (d) Effective Date.--The amendments made by this section apply with respect to plan years beginning on or after January 1, 2002, with respect to individuals whose period of extended coverage otherwise ends on or after first day of the first such plan year. SEC. 4. 50 PERCENT REFUNDABLE TAX CREDIT TOWARDS PREMIUMS FOR COBRA CONTINUATION COVERAGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. COBRA CONTINUATION COVERAGE PREMIUMS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid during such year as continuation health coverage premiums. ``(b) Continuation Health Coverage Premiums Defined.--For purposes of this section, the term `continuation health coverage premiums' means, for any period, premiums paid for continuation coverage (as defined in section 4980B(f)) under a group health plan for such period but only if failure to offer such coverage to the taxpayer for such period would constitute a failure by such health plan to meet the requirements of section 4980B(f).'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. COBRA continuation coverage premiums.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001, for premiums for months beginning with January 2002.

COBRA Coverage Extension and Affordability Act of 2001 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISSA), and the Public Health Service Act to: (1) extend basic COBRA health care continuation coverage to 60 months; and (2) permit a further extension of continuation coverage for persons 55 years or older.Amends the Internal Revenue Code to provide a 50 percent refundable tax credit for COBRA continuation coverage premiums.

To amend the Internal Revenue Code of 1986, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend the basic period for health care continuation coverage from 18 months to 5 years, to permit a further extension of continuation coverage for individuals age 55 or older, and to provide for a 50 percent refundable tax credit towards premiums for COBRA continuation coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Veterans Credit Act of 2018''. SEC. 2. PURPOSE. The purpose of this Act is to rectify problematic reporting of medical debt included in a consumer report of a veteran due to inappropriate or delayed payment for hospital care, medical services, or extended care services provided in a non-Department of Veterans Affairs facility under the laws administered by the Secretary of Veterans Affairs. SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT. (a) Veteran's Medical Debt Defined.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(z) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code. ``(aa) Veteran's Medical Debt.--The term `veteran's medical debt'-- ``(1) means a medical collection debt of a veteran owed to an eligible non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs; and ``(2) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.''. (b) Exclusion for Veteran's Medical Debt.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following: ``(7) Any information related to a veteran's medical debt if the date on which the hospital care, medical services, or extended care services was rendered relating to the debt antedates the report by less than one year if the consumer reporting agency has actual knowledge that the information is related to a veteran's medical debt and the consumer reporting agency is in compliance with its obligation under section 4(e) of the Protecting Veterans Credit Act of 2018. ``(8) Any information related to a fully paid or settled veteran's medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a veteran's medical debt and the consumer reporting agency is in compliance with its obligation under section 4(e) of the Protecting Veterans Credit Act of 2018.''. (c) Update to Summary of Rights.--Section 609(c)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681g(c)(1)(B)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) in clause (vi), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(vii) the right of a veteran to dispute the inclusion of veteran's medical debt under section 611.''. (d) Removal of Veteran's Medical Debt From Consumer Report.-- Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i) is amended-- (1) in subsection (a)(1)(A), by inserting ``and except as provided in subsection (g)'' after ``subsection (f)''; and (2) by adding at the end the following: ``(g) Dispute Process for Veteran's Medical Debt.-- ``(1) In general.--With respect to a veteran's medical debt, the veteran may submit a notice described in paragraph (2), proof of liability of the Department of Veterans Affairs for payment of that debt, or documentation that the Department of Veterans Affairs is in the process of making payment for authorized hospital care, medical services, or extended care services rendered to a consumer reporting agency or a reseller to dispute the inclusion of that debt on a consumer report of the veteran. ``(2) Notification to veteran.--The Department of Veterans Affairs shall submit to a veteran, not later than 30 days after the Department of Veterans Affairs assumes such liability, a written notice that the Department of Veterans Affairs has assumed liability for part or all of a veteran's medical debt. ``(3) Deletion of information from file.--If a consumer reporting agency receives notice, proof of liability, or documentation under paragraph (1), the consumer reporting agency, not later than 30 days after receipt, and free of charge to the veteran, shall delete all information relating to the veteran's medical debt from the file of the veteran and notify the furnisher and the veteran of that deletion.''. SEC. 4. VERIFICATION OF VETERAN'S MEDICAL DEBT. (a) Definitions.--For purposes of this section-- (1) the term ``consumer reporting agency'' means a consumer reporting agency described in section 603(p) or 603(x) of the Fair Credit Reporting Act (15 U.S.C. 1681a); and (2) the terms ``veteran'' and ``veteran's medical debt'' have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as added by section 3(a) of this Act. (b) Establishment.--Not later than one year after the date of enactment of this Act, the Secretary of Veterans Affairs shall establish a database to allow consumer reporting agencies to verify whether a debt furnished to a consumer reporting agency is a veteran's medical debt. (c) Database Features.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the database established under subsection (b), to the extent permitted by law, provides consumer reporting agencies with-- (A) sufficiently detailed and specific information to verify whether a debt being furnished to the consumer reporting agency is a veteran's medical debt; (B) access to verification information in a secure electronic format; (C) timely access to verification information; and (D) any other features that would promote the efficient, timely, and secure delivery of information that consumer reporting agencies could use to verify whether a debt is a veteran's medical debt. (2) Security and confidentiality.--The Secretary shall ensure that, in maintaining and allowing access to the database established under subsection (b), the security and confidentiality of nonpublic personal information is maintained. (d) Stakeholder Input.--Prior to establishing the database for verification under subsection (b), the Secretary of Veterans Affairs shall publish in the Federal Register a notice and request for comment that solicits input from the public. (e) Verification.--Provided the database established under subsection (b) is fully functional and the data available to consumer reporting agencies, a consumer reporting agency shall use the database as a means to identify a veteran's medical debt pursuant to paragraphs (7) and (8) of section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as added by section (3)(b) of this Act. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is one year after the date of enactment of this Act.

Protecting Veterans Credit Act of 2018 This bill amends the Fair Credit Reporting Act to limit, and establish a dispute process and verification procedures with respect to, the inclusion of a veteran's medical debt in a consumer credit report.

Protecting Veterans Credit Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Worker Incentive Act of 2001''. SEC. 2. NATIONAL CHILD CARE PROVIDER SCHOLARSHIP PROGRAM. (a) Establishment of Program.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(a) In General.--'' before ``A State''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.-- ``(1) State plan requirement.--In order to be eligible for funds under section 658J(a)(2), a State shall include in its plan under section 658E a child care provider scholarship program plan, meeting the requirements of this subsection, designed to further the goals of child care provider recruitment, training, credentialing, and retention. ``(2) Eligibility criteria for scholarship applicants.--The State plan shall provide that, in order for an individual to be eligible for a scholarship grant under this subsection, the following requirements shall be met: ``(A) Demonstrated commitment to child care career.--The individual-- ``(i) shall be a child care worker who is (or is employed by) a licensed or registered child care provider, or has a commitment for employment from a licensed or registered child care provider; and ``(ii) shall agree in writing to continue to be employed in the field of child care for at least one year after receiving the training for which assistance is provided. ``(B) Cost sharing by applicant.-- ``(i) In general.--The individual (either as provided in clause (ii) or otherwise) shall provide for payment, in cash or in kind, of a share of the cost of the education or training. ``(ii) Application for pell grants.--In the case of an application for a scholarship intended for use in an educational institution participating in the Pell Grant program under title IV of the Higher Education Act, the individual shall apply for a grant under such program for which the individual is eligible. ``(C) Employer requirements.--In the case of an individual employed by (or who has a commitment for employment from) a licensed or registered child care provider the individual's employer shall-- ``(i) pay a share of the cost of the education or training; and ``(ii) agree to provide increased financial incentives to the individual, such as a salary increase or bonus, when the individual completes the education or training. ``(3) Qualifying educational institutions.--The State plan shall specify the types of educational and training programs for which scholarships granted under the State program may be used, which shall be limited to (but may include any or all) programs that-- ``(A) are administered by institutions of higher education that are eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965; and ``(B) lead to a State or national credential in child care or early childhood or early childhood special education, or to an associate or bachelor's degree in child development or early childhood education. ``(4) Annual maximum scholarship grant amount.--The maximum amount of a scholarship awarded to an eligible individual under this section may not exceed $1,500 per year. ``(5) Supplementation of other funding.--The State plan shall contain assurances that Federal funds provided to the State under this subsection will not be used to supplant Federal or non-Federal funds for existing services and activities that promote the purposes of this subsection.''. (b) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended (1) by inserting ``(a) In General.--'' before ``There''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.--There is authorized to be appropriated to carry out section 658G(b) $50,000,000 for each of fiscal years 2002 through 2006.''. (c) Allotment.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``each subsection of section 658B''; and (B) in paragraph (2) by striking ``section 658B'' and inserting ``section 658B(a)''; (2) in subsection (b)(1) in the matter preceding subparagraph (A), by inserting ``each subsection of'' before ``section 658B''; and (3) in subsection (e)(1) by striking ``the allotment under subsection (b)'' and inserting ``an allotment under subsection (b)''. (d) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended-- (1) by inserting ``(1)'' before ``Subject''; and (2) by adding at the end the following: ``(2) A State described in paragraph (1) whose plan under section 658E provides for a child care scholarship program under section 658G(b) shall be entitled to payment under this section in an amount equal to the lesser of its allotment under section 658O or 80 percent of expenditures by the State for such program.''. (e) Annual Report.--Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended-- (1) in subparagraph (D) by striking ``and'' at the end; (2) in subparagraph (E) by adding ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) the child care scholarship program, including-- ``(i) the number of child care workers receiving scholarship grants; ``(ii) the amount of each scholarship grant; ``(iii) the number of course credits or credentials completed by individuals receiving scholarships; ``(iv) the number and percentage of child care workers receiving scholarship grants in the previous year who fulfilled their 1-year commitment; and ``(v) such other data as the Secretary may require.''. SEC. 3. APPLICATION OF AMENDMENTS. The amendments made by this Act shall not apply with respect to fiscal years beginning before the date of the enactment of this Act.

Child Care Worker Incentive Act of 2001 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program.Requires: (1) the scholarship applicant's demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training.

To establish a child care provider scholarship program.

SECTION 1. CENTENNIAL OF FLIGHT COMMISSION. The Centennial of Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.) is amended-- (1) in section 4-- (A) in subsection (a)-- (i) in paragraphs (1) and (2) by striking ``or his designee''; (ii) in paragraph (3) by striking ``, or his designee'' and inserting ``to represent the interests of the Foundation'' and in paragraph (3) strike the word ``chairman'' and insert the word ``president''; (iii) in paragraph (4) by striking ``, or his designee'' and inserting ``to represent the interests of the 2003 Committee''; (iv) in paragraph (5) by inserting before the period ``and shall represent the interests of such aeronautical entities''; and (v) in paragraph (6) by striking ``, or his designee''; (B) by striking subsection (f); (C) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and (D) by inserting after subsection (a) the following: ``(b) Alternates.--Each member described under subsection (a) may designate an alternate who may act in lieu of the member to the extent authorized by the member, including attending meetings and voting.''; (2) in section 5-- (A) in subsection (a)-- (i) by inserting ``provide recommendations and advice to the President, Congress, and Federal agencies on the most effective ways to'' after ``The Commission shall''; (ii) by striking paragraph (1); and (iii) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively; (B) by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following: ``(b) International Activities.--The Commission may-- ``(1) advise the United States with regard to gaining support for and facilitating international recognition of the importance of aviation history in general and the centennial of powered flight in particular; and ``(2) attend international meetings regarding such activities as advisors to official United States representatives or to gain or provide information for or about the activities of the Commission.''; and (C) by adding at the end the following: ``(d) Additional Duties.--The Commission may-- ``(1)(A) assemble, write, and edit a calendar of events in the United States (and significant events in the world) dealing with the commemoration of the centennial of flight or the history of aviation; ``(B) actively solicit event information; and ``(C) disseminate the calendar by printing and distributing hard and electronic copies and making the calendar available on a web page on the Internet; ``(2) maintain a web page on the Internet for the public that includes activities related to the centennial of flight celebration and the history of aviation; ``(3) write and produce press releases about the centennial of flight celebration and the history of aviation; ``(4) solicit and respond to media inquiries and conduct media interviews on the centennial of flight celebration and the history of aviation; ``(5) initiate contact with individuals and organizations that have an interest in aviation to encourage such individuals and organizations to conduct their own activities in celebration of the centennial of flight; ``(6) provide advice and recommendations, through the Administrator of the National Aeronautics and Space Administration or the Administrator of the Federal Aviation Administration (or any employee of such an agency head under the direction of that agency head), to individuals and organizations that wish to conduct their own activities in celebration of the centennial of flight, and maintain files of information and lists of experts on related subjects that can be disseminated on request; ``(7) sponsor meetings of Federal agencies, State and local governments, and private individuals and organizations for the purpose of coordinating their activities in celebration of the centennial of flight; and ``(8) encourage organizations to publish works related to the history of aviation.''; (3) in section 6(a)-- (A) in paragraph (2)-- (i) by striking the first sentence; and (ii) in the second sentence-- (I) by striking ``the Federal'' and inserting ``a Federal''; and (II) by striking ``the information'' and inserting ``information''; and (B) in paragraph (3) by striking ``section 4(c)(2)'' and inserting ``section 4(d)(2)''; (4) in section 6(c)(1) by striking ``the Commission may'' and inserting ``the Administrator of the National Aeronautics and Space Administration or the Administrator of the Federal Aviation Administration (or an employee of the respective administration as designated by either Administrator) may, on behalf of the Commission,''; (5) in section 7-- (A) in subsection (a) in the first sentence-- (i) by striking ``There'' and inserting ``Subject to subsection (h), there''; and (ii) by inserting before the period ``or represented on the Advisory Board under section 12(b)(1) (A) through (E)''; (B) in subsection (b) by striking ``The Commission'' and inserting ``Subject to subsection (h), the Commission''; (C) by striking subsection (g); (D) by redesignating subsection (h) as subsection (g); and (E) by adding at the end the following: ``(h) Limitation.--Each member of the Commission described under section 4(a) (3), (4), and (5) may not make personnel decisions, including hiring, termination, and setting terms and conditions of employment.''; (6) in section 9-- (A) in subsection (a)-- (i) by striking ``The Commission may'' and inserting ``After consultation with the Commission, the Administrator of the National Aeronautics and Space Administration may''; and (ii) by striking ``its duties or that it'' and inserting ``the duties under this Act or that the Administrator of the National Aeronautics and Space Administration''; (B) in subsection (b)-- (i) in the first sentence by striking ``The Commission shall have'' and inserting ``After consultation with the Commission, the Administrator of the National Aeronautics and Space Administration may exercise''; and (ii) in the second sentence by striking ``that the Commission lawfully adopts'' and inserting ``adopted under subsection (a)''; and (C) by amending subsection (d) to read as follows: ``(d) Use of Funds.-- ``(1) In general.--Subject to paragraph (2), funds from licensing royalties received under this section shall be used by the Commission to carry out the duties of the Commission specified by this Act. ``(2) Excess funds.--The Commission shall transfer any portion of funds in excess of funds necessary to carry out the duties described under paragraph (1), to the National Aeronautics and Space Administration to be used for the sole purpose of commemorating the history of aviation or the centennial of powered flight.''; (7) in section 10-- (A) in subsection (a)-- (i) in the first sentence, by striking ``activities of the Commission'' and inserting ``actions taken by the Commission in fulfillment of the Commission's duties under this Act''; (ii) in paragraph (3), by adding ``and'' after the semicolon; (iii) in paragraph (4), by striking the semicolon and ``and'' and inserting a period; and (iv) by striking paragraph (5); and (B) in subsection (b)(1) by striking ``activities'' and inserting ``recommendations''; (8) in section 12-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in subparagraphs (A), (C), (D), and (E), by striking ``, or the designee of the Secretary''; (II) in subparagraph (B), by striking ``, or the designee of the Librarian''; and (III) in subparagraph (F)-- (aa) in clause (i) by striking ``government'' and inserting ``governmental entity''; and (bb) by amending clause (ii) to read as follows: ``(ii) shall be selected among individuals who-- ``(I) have earned an advanced degree related to aerospace history or science, or have actively and primarily worked in an aerospace related field during the 5-year period before appointment by the President; and ``(II) specifically represent 1 or more of the persons or groups enumerated under section 5(a)(1).''; and (ii) by adding at the end the following: ``(2) Alternates.--Each member described under paragraph (1) (A) through (E) may designate an alternate who may act in lieu of the member to the extent authorized by the member, including attending meetings and voting.''; and (B) in subsection (h) by striking ``section 4(e)'' and inserting ``section 4(d)''; and (9) in section 13-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Repeals the Commission's duty to represent the United States and take a leadership role with other nations in recognizing the importance of aviation history in general, the centennial of powered flight in particular, and promoting participation by the United States in such activities. Requires the Commission, in lieu of carrying out its currently mandated duties, to provide recommendations and advice to the President, Congress, and Federal agencies on the most effective ways to carry out such duties. Authorizes the Commission to: (1) advise the United States with regard to gaining support for, and facilitating international recognition of, the importance of aviation history in general and the centennial of powered flight in particular; and (2) attend international meetings regarding such activities as advisors to official U.S. representatives or to gain or provide information for or about the Commission's activities. Specifies additional duties of the Commission such as maintaining a web page on the Internet for the public that includes activities related to the centennial of flight celebration and the history of aviation. Repeals the Commission's authority to call upon various Federal departments and agencies to assist and to support Commission programs. Grants authority: (1) to procure and to make legal agreements on behalf of the Commission to the Administrator of the National Aeronautics and Space Administration (NASA) or the Administrator of the Federal Aviation Administration (repealing the Commission's authority to procure and make such agreements); and (2) to the NASA Administrator, in consultation with the Commission, regarding the use of the Commission's name, logos, emblems, seals, and marks (repealing the Commission's current authority regarding such uses). Allows the Commission to appoint an Executive Director from among detailees from specified Federal agencies represented on the First Flight Centennial Federal Advisory Board (as well as from those represented on the Commission). Prohibits certain non-Federal members of the Commission from making personnel decisions. Requires the Commission to transfer excess Commission funds to NASA to be used solely for commemorating the history of aviation or for the centennial of powered flight. Revises provisions concerning the First Flight Centennial Federal Advisory Board with respect to its members and their qualifications. Repeals the authority of the Librarian of Congress, the Secretary of the Interior, the Secretary of Transportation, and the Secretaries of the Air Force and of the Navy to designate others to be Advisory Board members in their stead. Allows Advisory Board members to designate alternates who may act in lieu of the member, including attending meetings and voting, but only to the extent the member authorizes.

A bill to make certain technical and other corrections relating to the Centennial of Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mountains to Sound Greenway National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Mountains to Sound Greenway National Heritage Area established in this Act. (2) Local coordinating entity.--The term ``local coordinating entity'' means the entity selected by the Secretary under section 3(d). (3) Map.--The term ``map'' means the map titled ``Mountains to Sound Greenway National Heritage Area Proposed Boundary'', numbered 584/125,484 and dated January 31, 2011. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Washington. SEC. 3. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Mountains to Sound Greenway National Heritage Area in the State, to consist of land in King and Kittitas counties in the State, as generally depicted on the map, unless the county commission of King or Kittitas county elects at any time to be excluded from the Heritage Area, in which case that county shall not be part of the Heritage Area. (b) Map.--The map shall be on file and available to the public in the appropriate offices of the National Park Service, United States Forest Service, and the local coordinating entity. (c) Local Coordinating Entity.--The Secretary shall select a local coordinating entity for the Heritage Area. SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of the enactment of this Act and subject to subsection (b)(4), the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, management, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration State government plans; (3) include-- (A) an inventory of the resources of the Heritage Area; (B) an inventory of any other property in the Heritage Area that is related to the themes of the Heritage Area, and should be preserved, restored, managed or maintained because of the significance of the property; (C) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (D) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (E) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization or individual for the first five years of operation; (F) analysis and recommendations for means by which Federal, State, and local programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; (G) an interpretative plan for the Heritage Area; and (4) be submitted to the county commissions of King and Kittitas counties in the State for approval by the commissions before the management plan is submitted to the Secretary, unless the county has elected not to be part of the Heritage Area. (c) Approval or Disapproval of Management Plan.-- (1) Review.--Not later than 180 days after receiving the management plan for the Heritage Area, the Secretary shall review and, in consultation with the Secretary of Agriculture and State, approve or disapprove the management plan on the basis of the criteria established under paragraph (2). (2) Criteria for approval.--In determining whether to approve a management plan for a Heritage Area, the Secretary shall consider whether-- (A) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, and private property owners; (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for the public and Federal, State, tribal, and local governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (d) Disapproval.-- (1) In general.--If the Secretary disapproves the management plan, the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; and (B) make recommendations to the local coordinating entity for revisions to the management plan. (2) Deadline.--Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (e) Amendments.-- (1) In general.--An amendment to the management plan that substantially changes the management plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (2) County review and approval.--No amendment may be submitted to the Secretary under paragraph (1) until and unless the amendment is first reviewed and approved by the county commissions for King and Kittitas counties in the State (unless that county has elected not to be part of the Heritage Area). (3) Implementation.--The local coordinating entity shall not implement an amendment to the management plan until the Secretary approves the amendment. (f) Authorities.--The Secretary may provide technical assistance to the State, political subdivisions of the State, nonprofit organizations, and other interested parties. SEC. 5. EVALUATION; REPORTING. (a) In General.--Not later than 10 years after the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare and submit a report pursuant to subsection (c). (b) Evaluation.--An evaluation conducted under this subsection shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.--Based on the evaluation conducted under subsection (b), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service with respect to the Heritage Area. SEC. 6. LOCAL COORDINATING ENTITY. (a) Duties.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 4; (2) submit a report to the Secretary every five years after the Secretary has approved the management plan, specifying-- (A) the expenses and income of the local coordinating entity; and (B) significant grants or contracts made by the local coordinating entity to any other entities during the five-year period. (b) Authorities.--To further the purposes of the Heritage Area, the local coordinating entity may-- (1) make grants to the State, or a political subdivision of the State, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, heritage programming, and economic and community development; (4) obtain funds or services that are provided under any Federal law or program not specifically applicable to national heritage areas; (5) contract for goods or services; (6) support activities that further the Heritage Area and are consistent with the approved management plan; (7) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretative exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (8) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (9) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (10) for any year that Federal funds have been received by the local coordinating entity-- (A) submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (11) encourage by appropriate means economic vitality that is consistent with the Heritage Area. (c) Prohibition on Acquisition of Real Property.--The local coordinating entity may not acquire real property or interests in real property with Federal funds or through condemnation. SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--Any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads or associated developments) of any Federal, State, tribal, local unit of government or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water or water-related infrastructure; (4) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the Heritage Area; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; (7) creates any liability, or affects any liability under any other law, of any private property owner; (8) affects current or future grazing permits, leases or allotments on Federal lands; or (9) affects the construction, operation, maintenance, improvement or expansion of current or future water projects, including water storage, hydroelectric facilities, or delivery systems. SEC. 9. CLARIFICATION. Nothing in this Act authorizes the Secretary-- (1) to allocate or distribute Federal funds to the local coordinating entity; or (2) to expend Federal funds for any purpose under this Act except for those purposes specifically enumerated to the Secretary under section 3, subsections (c), (d), (e) and (f) of section 4, and section 5. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Mountains to Sound Greenway National Heritage Area Act - (Sec. 3) Establishes the Mountains to Sound Greenway National Heritage Area in the state of Washington, consisting of specified land in King and Kittitas counties. Allows King or Kittitas county to elect at any time to be excluded from the Heritage Area. Requires the Secretary of the Interior to select the local coordinating entity for the Heritage Area. (Sec. 4) Requires the coordinating entity to submit a proposed management plan to King and Kittitas counties for approval before submitting the plan to the Secretary. Requires the plan to include: (1) consideration of the state of Washington's government plans; (2) descriptions of partnership collaborations and actions that governments, private organizations, and individuals have agreed to take to protect the area; and (3) recommendations to coordinate federal, state, and local programs, including the role of the National Park Service (NPS). Requires the Secretary to approve or disapprove the plan based on specified criteria, including whether the public and federal, state, tribal, and local governments were afforded an opportunity to be involved in the preparation of plan. Authorizes the Secretary to provide technical assistance to the state, political subdivisions of the state, nonprofit organizations, and other interested parties. (Sec. 5) Directs the Secretary, within 10 years after enactment of this Act, to submit to Congress a report evaluating the Heritage Area's coordinating entity, private and government investments, management structure, partnerships, and funding. Requires the report to include recommendations for the NPS's future role in the Heritage Area. (Sec. 6) Directs the coordinating entity to report to the Secretary every five years after the Secretary has approved a management plan. Requires the report to specify the entity's expenses and income, as well as grants or contracts made by the coordinating entity to other entities. Prohibits the coordinating entity from acquiring real property with federal funds or through condemnation. (Sec. 7) Encourages federal agencies planning to conduct activities that may impact the Heritage Area to consult and coordinate with the Secretary and the local coordinating entity to the maximum extent practicable. (Sec. 8) Prohibits this Act from altering the rights of property owners or affecting certain existing federal, state, tribal, or local projects, agreements, or regulatory requirements. (Sec. 9) Declares that nothing in this Act authorizes the Secretary to allocate or distribute federal funds to the local coordinating entity or to expend federal funds for any purpose other than as specified in this Act. (Sec. 10) Terminates the Secretary's authority to provide assistance 15 years after enactment of this Act.

Mountains to Sound Greenway National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Reform Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Foster Care Reform Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall study the ongoing foster care crisis in the United States as well as individual efforts undertaken by States, localities, and through privately administered foster care programs. In reviewing the efforts of localities, States and private foster care programs, the Commission shall determine a list of best practices that would help advance safe and reliable foster care in the United States. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--Not later than 6 months after the date of the enactment of this Act: (1) Congressional members.--4 Commission members shall be appointed as follows: (A) 1 Senator appointed by the Majority Leader of the Senate. (B) 1 Senator appointed by the Minority Leader of the Senate. (C) 1 Representative appointed by the Speaker of the House. (D) 1 Representative appointed by the Minority Leader of the House of Representatives. (2) Other members.--The 4 Commission members appointed under paragraph (1) shall meet and select from among themselves a chairman, who shall preside over a meeting to appoint 11 additional Commission members-- (A) 5 of whom shall be experts on child care and foster care issues from the private sector; (B) 1 of whom shall be an expert on child care and foster care issues from the public sector; and (C) 5 of whom shall be experts on child care and foster care issues from academia. (b) Political Affiliation.--Not more than 8 Commission members appointed may be of the same political party. (c) Terms.-- (1) Life of commission.--Each Commission member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) No Pay.--Commission members shall not receive compensation by reason of service on the Commission. (e) Travel Expenses.--Each Commission member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson; Co-Chairperson.--The Commission shall have a Chairperson and a co-Chairperson, only 1 of whom shall be a Member of Congress. (h) Meetings.--The Commission shall meet at the call of the Chairperson and co-Chairperson, or of a majority of its members. SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson and co-Chairperson of the Commission, with the approval of the Secretary of Health and Human Services. To the extent or in the amounts provided in advance in appropriation Acts, the Director shall be paid at a rate not to exceed the rate of basic pay for Level V of the Executive Schedule. (b) Staff.--With the approval of the Chairperson and the co- Chairperson of the Commission, the Director may appoint additional personnel as the Chairperson and co-Chairperson consider appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Staff of Federal Agencies.--Upon request of the Chairperson and co-Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may request any department or agency of the United States to furnish the Commission with such information as the Commission deems necessary to enable the Commission to carry out this Act. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. Not later than 2 years after all original Commission members are appointed, the Commission shall transmit to the President, the Congress, and the Secretary of Health and Human Services a report that contains a detailed statement of the findings and conclusions of the Commission regarding reform of the foster care system, together with its recommendations for such legislation and administrative action as the Commission deems appropriate. SEC. 8. TERMINATION. The Commission shall terminate on the date the report required by section 7 is so transmitted.

Foster Care Reform Commission Act - Establishes the Foster Care Reform Commission to study and report to the President, Congress, and the Secretary of Health and Human Services on the ongoing foster care crisis in the United States as well as individual efforts undertaken by States, localities, and through privately administered foster care programs. Requires the Commission, in reviewing such efforts, to determine a list of best practices that would help advance safe and reliable foster care in the United States.

To establish a Foster Care Reform Commission to study the foster care crisis in the United States.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Native American Sacred Lands Act''. (b) Definitions.--For the purposes of this Act, the following definitions shall apply: (1) Federal lands.--The term ``Federal lands'' means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given such term by section 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Native hawaiian organization.--The term ``Native Hawaiian organization'' has the meaning given that term in section 301(18) of the National Historic Preservation Act (16 U.S.C. 470w(18)). (4) Sacred land.--The term ``sacred land'' means any geophysical or geographical area or feature which is sacred by virtue of its traditional cultural or religious significance or ceremonial use, or by virtue of a ceremonial or cultural requirement, including a religious requirement that a natural substance or product for use in Indian tribal or native Hawaiian organization ceremonies be gathered from that particular location. (5) Undertaking.--The term ``undertaking'' has the same meaning given that term in section 301(7) of the National Historic Preservation Act (16 U.S.C. 470w(7)). SEC. 2. PROTECTION OF SACRED LANDS. Each department or agency of the United States with administrative jurisdiction over the management of Federal lands shall-- (1) accommodate access to and ceremonial use of Indian sacred lands by Indian religious practitioners; (2) avoid significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations prior to taking significant actions or developing policies affecting Native American sacred lands. SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE FOR DEVELOPMENT. (a) In General.--Federal lands shall be designated unsuitable for any or certain types of undertakings if the head of the department or agency with administrative jurisdiction over that Federal land decides, in accordance with this section, that by a preponderance of the evidence the undertaking is likely to cause significant damage to Indian sacred lands. (b) Petition.-- (1) In general.--Any Indian tribe or Native Hawaiian organization shall have the right to petition any department or agency of the United States with administrative jurisdiction over Federal lands to have Federal lands under the jurisdiction of that department or agency designated as unsuitable for any or certain types of undertaking. (2) Supporting evidence.--Such a petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations. Oral history shall be given no less weight than other evidence. After an Indian tribe or Native Hawaiian organization has filed a petition under this section, and before the hearing as required by this subsection, any person may file allegations of facts, with supporting evidence, that are relevant to the petition. (c) Hearing.-- (1) In general.--Not later than 90 days after the receipt of such petition, the department or agency with administrative jurisdiction over that Federal land involved shall hold a public hearing on the subject of the petition in the locality of that Federal land after public notice, including publication of the date, time, and location of the hearing. (2) Written decision.--Not later than 60 days after a hearing held pursuant to this subsection, the head of the department or agency with administrative jurisdiction over that Federal land shall issue and furnish to the petitioner and any other parties to the hearing a written decision regarding the petition and the reasons for the decision. (d) Appeal.--Not later than 60 days after a written decision is issued pursuant to subsection (c)(2), any petitioner or person filing under section 3(b)(2) may appeal the decision to the appropriate Federal agency appeals board or through a civil action in accordance with subsection (e). A decision regarding a petition shall not be considered final for the purposes of this section until-- (1) the deadline for filing an appeal to the decision has past and no appeal has been filed; or (2) if an appeal was timely filed, the appeal has been heard and decided. (e) Civil Actions; Jurisdiction; Relief.-- (1) In general.--The United States district courts shall have original jurisdiction over any civil action or claim against the Secretary of the Interior or the head of another Federal agency, as appropriate, arising under this section. In an action brought under this paragraph, the district courts may order appropriate relief including money damages, injunctive relief against any action by an officer of the United States or any agency thereof contrary to this Act, or regulations promulgated thereunder, or mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated hereunder. (2) Application of equal access to justice act.--The Equal Access to Justice Act (Public Law 96-481; Act of October 1, 1980; 92 Stat. 2325; 5 U.S.C. 594; 28 U.S.C. 2412) shall apply to actions brought under this Act. (f) Effect of Decision of Unsuitability.-- (1) In general.--A final decision that Federal lands identified by a petition considered pursuant to subsection (b) are unsuitable for any or certain types of undertakings shall be immediately effective and the undertaking shall be prohibited. (2) Withdrawal of lands.--Subject to valid and existing rights, the Secretary of the Interior shall (with the consent of the department or agency other than the Department of the Interior in the case of Federal lands not under the administration of the Secretary of the Interior) withdraw Federal lands included in a decision of unsuitability under this section pursuant to section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714). The Secretary's decision under this section shall constitute the documentation required to be provided under section 204(c)(12) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) and in compliance with section 4. (3) Land use plans.--Any decision of unsuitability made for Federal lands under the administrative jurisdiction of the Secretary of the Interior or the Secretary of Agriculture (with respect to National Forest System lands) shall be incorporated into the appropriate land use plan when such plan is adopted, revised, or significantly amended pursuant to the Federal Land Policy and Management Act of 1976 or, as the case may be, the Forest and Rangeland Renewable Resources Planning Act of 1974. SEC. 4. CONFIDENTIALITY. (a) In General.--Notwithstanding section 5 of title 5, United States Code (commonly known as the Freedom of Information Act) or any other law, no information obtained as a result of or in connection with a petition filed or a hearing held under this Act that contains a reference pertaining to a specific detail of a Native American traditional cultural practice or religion, or the significance of an Indian or Native Hawaiian sacred land, or the location of that sacred land, shall be released except as provided in subsection (c). (b) Release of Information.-- (1) Initial violation.--Any person who intentionally releases any information knowing that it is required to be held confidential pursuant to this section shall, upon conviction, be fined not more than $10,000, or imprisoned not more than 1 year, or both. (2) Subsequent violations.--In the case of a second or subsequent violation of this section, a person shall, upon conviction, be fined not more than $100,000, or imprisoned not more than 5 years, or both. (c) Exception.--This section shall not apply in any case in which all persons filing pursuant to section 3(b), including the petitioner, waive the application of this section. SEC. 5. GRANTS. (a) Authority to Provide Grants.--The Secretary may provide grants to Indian tribes to assist the Indian tribes in carrying out activities related to this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. SEC. 6. REGULATIONS. (a) Consultation With Indian Tribes.--In developing regulations under this Act, the Secretary shall use-- (1) an effective process to permit elected tribal officials, traditional Native American practitioner, and other representatives of Indian tribal governments to provide meaningful and timely input in that development; and (2) where appropriate, consensual mechanisms, including negotiated rulemaking. (b) Effective Date.--This Act shall become effective on the date of the enactment of this Act. Any failure of the Secretary to promulgate regulations under this section shall not affect such effective date. SEC. 7. CONSULTATION UNDER OTHER LAWS. Nothing in this Act shall affect any consultation process under the National Historic Preservation Act or any other Federal law.

Native American Sacred Lands Act - Requires managers of Federal lands to: (1) accommodate access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands.Prohibits undertakings likely to cause significant damage to Indian sacred lands.Grants Indian tribes and Native Hawaiian organizations the right to petition the department or agency with administrative jurisdiction to have Federal lands designated as unsuitable for certain undertakings. Permits appeals through the Federal agency appeals board or in U. S. district courts. Provides relief through monetary damages, injunctions, or mandamus.Provides for the withdrawal of lands determined to be unsuitable. Requires Federal land use plans to be modified accordingly.Protects the confidentiality of information in a petition as it pertains to traditional cultural practice, religion, or the significance and location of sacred land. Imposes criminal penalties for violations of such confidentiality.Authorizes the Secretary of the Interior to make grants to assist Indian tribes in activities under this Act. Requires the Secretary to consult with Indian tribes in developing regulations.

To protect sacred Native American Federal lands from significant damage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Jobs for Veterans Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States. (2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015. (3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year. (4) Recruiting efforts and expedited hiring procedures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions. SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS. The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection officer and who are eligible for a veterans recruitment appointment authorized under section 4214 of title 38, United States Code. SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES. (a) In General.--The Secretary of Homeland Security, in consultation with the Secretary of Defense, and acting through existing programs, authorities, and agreements, where applicable, shall enhance the efforts of the Department of Homeland Security to recruit members of the Armed Forces who are separating from military service to serve as Customs and Border Protection officers. (b) Elements.--The enhanced recruiting efforts under subsection (a) shall-- (1) include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program; (2) place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service; (3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region; (4) include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection officers of available hiring opportunities to become Customs and Border Protection officers; (5) identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of minimizing the time required to hire qualified applicants; (6) ensure the streamlined interagency transfer of relevant background investigations and security clearances; and (7) include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection officer positions. SEC. 5. REPORT TO CONGRESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and by December 31 of each of the next 3 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report to the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate that includes a description and assessment of the efforts of the Department of Homeland Security to hire members of the Armed Forces who are separating from military service as Customs and Border Protection officers under section 4. (b) Content.--The report required under subsection (a) shall include-- (1) a detailed description of the efforts to implement section 4, including-- (A) elements of the enhanced recruiting efforts and the goals associated with such elements; and (B) a description of how the elements and goals referred to in subparagraph (A) will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks; (2) a detailed description of the efforts that have been undertaken under section 4; (3) the estimated number of separating service members made aware of Customs and Border Protection officer vacancies; (4) the number of Customs and Border Protection officer vacancies filled with separating service members; and (5) the number of Customs and Border Protection officer vacancies filled with separating service members under Veterans Recruitment Appointment authorized under section 4214 of title 38, United States Code. SEC. 6. RULES OF CONSTRUCTION. Nothing in this Act may be construed-- (1) as superseding, altering, or amending existing Federal veterans' hiring preferences or Federal hiring authorities; or (2) to authorize the appropriation of additional amounts to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on September 28, 2015. Border Jobs for Veterans Act of 2015 (Sec. 3) Directs the Department of Homeland Security (DHS) to consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection (CBP) officer and who are eligible for a veterans recruitment appointment. (Sec. 4) Requires DHS to enhance DHS efforts to recruit members of the Armed Forces who are separating from military service to serve as CBP officers. Requires such enhanced recruiting efforts to: include CBP officer opportunities in relevant job assistance efforts under the Transition Assistance Program; place CBP officials or other relevant DHS officials at recruiting events and jobs fairs involving separating members of the Armed Forces; provide opportunities for local CBP field offices to partner with military bases in the region; include outreach efforts to educate members of the Armed Forces with qualifications that are transferable to CBP officer requirements; identify shared activities and opportunities for reciprocity related to steps in hiring CBP officers with the goal of minimizing the time required to hire qualified applicants; ensure the streamlined interagency transfer of relevant background investigations and security clearances; and include other elements to ensure that separating members of the Armed Forces are aware of opportunities to fill vacant CBP officer positions. (Sec. 5) Directs DHS to report to Congress on DHS efforts to hire members of the Armed Forces who are separating from military service as CBP officers.

Border Jobs for Veterans Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aviation Research and Competitiveness Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) for every dollar increase in shipments of United States aircraft internationally, the United States economy output increases by an estimated $2.30; (2) for every $1,000,000,000 of aircraft shipments internationally, nearly 35,000 jobs are created; (3) many of the advanced aviation technologies developed by the Federal Aviation Administration and the Department of Defense have application in security, safety, capacity, communications, and air traffic control; (4) a decrease in military aviation programs will have a negative impact on civil aviation programs; (5) research programs at the Federal Aviation Administration have potential applications in both civil and military aviation; (6) joint technology development programs among the Department of Defense, the Federal Aviation Administration, and industry would allow for transferring skills and technologies from the defense to the civilian aviation sector and would allow for the transfer back to defense, when necessary; and (7) such joint programs could allow for the Department of Defense contribution to the programs to be phased out over 5 years, which would allow the defense industry to make the transfer to the civilian aviation sector and produce needed aviation technology. SEC. 3. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Administrator and the Secretary shall jointly establish a program for the purpose of conducting research on aviation technologies that have application to both military and civil aviation vehicles and airports and that enhance United States competitiveness. Such program shall include research on-- (1) next-generation satellite communications, including global positioning satellites; (2) advanced airport and airplane security; (3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution; and (4) advanced aviation safety programs. (b) Contracts and Grants.--Contracts and grants entered into under the program established under subsection (a) shall be administered using procedures developed jointly by the Secretary and the Administrator. These procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Department of Defense, the Federal Aviation Administration, and industry. SEC. 4. JOINT AVIATION RESEARCH PLAN. (a) Requirement.--Within 180 days after the date of enactment of this Act, the Administrator and the Secretary, in consultation with the advisory committee, shall prepare and transmit to Congress a national aviation research plan setting forth the research and development that the Administrator and the Secretary consider necessary to advance aviation technologies over the 5-year period beginning in fiscal year 1993. (b) Objectives of Plan.--The objectives of the plan prepared under subsection (a) shall include-- (1) selected programs that jointly enhance public and private aviation technology development; (2) an opportunity for private defense contractors to be involved in transition activities to the civilian sector; and (3) the transfer of Federal Government-developed technologies to the private sector to promote economic strength and competitiveness. (c) Contents of Plan.--The plan prepared under subsection (a) shall include-- (1) for the first year, detailed objectives and estimates of the schedule, cost, and manpower levels for each research project, and a description of the scope and content of each major contract or grant; (2) for the second through fifth years, estimates of the total cost of each major project for such year and a list of all major research projects which may be required to meet the objectives; (3) a 5-year schedule for the decrease of Federal contribution and corresponding increase in private sector contributions for the research and development program; and (4) the portion of the Federal contribution that each Federal agency will contribute. (d) Annual Update.--The plan prepared under subsection (a) shall be updated annually, to reflect changes in global aviation technologies and United States competitiveness. SEC. 5. JOINT ADVISORY COMMITTEE. (a) Establishment.--Within 90 days after the date of enactment of this Act, the Administrator and the Secretary shall establish an Joint Aviation Research Advisory Committee. (b) Purposes.--The purposes of the advisory committee shall be-- (1) to provide advice and recommendations to the Administrator and the Secretary regarding needs, objectives, approaches, content, and accomplishments with respect to the aviation research program established under section 3; and (2) to advise the Administrator and the Secretary on the preparation of the aviation research plan under section 4, including annual updates thereto. (c) Membership.--The advisory committee shall be composed of not more than 20 members, to be appointed jointly by the Administrator and the Secretary, from among persons who are not employees of the Federal Aviation Administration or the Department of Defense and who are especially qualified to serve on the advisory committee by virtue of their education, training, or experience. In appointing members of the advisory committee, the Administrator and the Secretary shall ensure that universities, corporations, associations, industry, and other government agencies are represented. The majority of the members of the advisory committee shall be representatives of industry. (d) Chairperson.--The Administrator and the Secretary shall designate one member of the advisory committee as the chairperson, who shall be qualified in both military and civil aviation research, and in the applications of such research. (e) Subordinate Committees.--The Administrator and the Secretary, or the advisory committee, may establish subordinate committees to the advisory committee to provide advice and recommendations on specific areas of research conducted under this Act. (f) Administrative and Support Services.--The Administrator shall provide support staff and, on the request of the advisory committee, such information, administrative services, and supplies as the Administrator determines are necessary for the advisory committee to carry out its purposes. (g) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the advisory committee. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Federal Aviation Administration; (2) the term ``advisory committee'' means the Joint Aviation Research Advisory Committee established under section 5; and (3) the term ``Secretary'' means the Secretary of Defense.

National Aviation Research and Competitiveness Act of 1993 - Directs the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Defense (Secretary) to jointly establish a research program on aviation technologies that applies to both military and civil aviation vehicles and airports and that enhance U.S. competitiveness. Requires the Administrator and the Secretary to transmit to the Congress a national aviation research plan that advances aviation technologies over a five-year period. Establishes a Joint Aviation Research Advisory Committee.

National Aviation Research and Competitiveness Act of 1993

SECTION 1. INELIGIBILITY OF ALIENS NOT LAWFULLY IN THE UNITED STATES FOR PUBLIC WELFARE ASSISTANCE. (a) In General.--Notwithstanding any other provision of law and except as provided in subsection (b), any alien who is not lawfully in the United States shall be ineligible for any program referred to in subsection (c). (b) Program For Which Aliens Not Lawfully in the United States May Be Eligible.--The limitation under subsection (a) shall not apply to medical assistance with respect to emergency services (as defined for purposes of section 1916(a)(2)(D) of the Social Security Act). (c) Programs For Which Aliens Not Lawfully in the United States Are Ineligible.--The programs referred to in this subsection are the following: (1) The program of medical assistance under title XIX of the Social Security Act, except emergency services as provided in subsection (c). (2) The Maternal and Child Health Services Block Grant Program under title V of the Social Security Act. (3) The program established in section 330 of the Public Health Service Act (relating to community health centers). (4) The program established in section 1001 of the Public Health Service Act (relating to family planning methods and services). (5) The program established in section 329 of the Public Health Service Act (relating to migrant health centers). (6) The program of aid and services to needy families with children under part A of title IV of the Social Security Act. (7) The child welfare services program under part B of title IV of the Social Security Act. (8) The supplemental security income program under title XVI of the Social Security Act. (9) The program of foster care and adoption assistance under part E of title IV of the Social Security Act. (10) The school lunch program carried out under the National School Lunch Act (42 U.S.C. 1751 et seq.). (11) The special supplemental food program for women, infants, and children carried out under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (12) The nutrition programs carried out under part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.). (13) The school breakfast program carried out under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (14) The child and adult care food program carried out under section 17 of the National School Lunch Act (42 U.S.C. 1766). (15) The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note). (16) The summer food service program for children carried out under section 13 of the National School Lunch Act (42 U.S.C. 1761). (17) The commodity supplemental food program authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note). (18) The special milk program carried out under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772). (19) The program of rental assistance on behalf of low- income families provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (20) The program of assistance to public housing under title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). (21) The loan program under section 502 of the Housing Act of 1949 (42 U.S.C. 1472). (22) The program of interest reduction payments pursuant to contracts entered into by the Secretary of Housing and Urban Development under section 236 of the National Housing Act (12 U.S.C. 1715z-1). (23) The program of loans for rental and cooperative housing under section 515 of the Housing Act of 1949 (42 U.S.C. 1485). (24) The program of rental assistance payments pursuant to contracts entered into under section 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)(A)). (25) The program of assistance payments on behalf of homeowners under section 235 of the National Housing Act (12 U.S.C. 1715z). (26) The program of rent supplement payments on behalf of qualified tenants pursuant to contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). (27) The loan and grant programs under section 504 of the Housing Act of 1949 (42 U.S.C. 1474) for repairs and improvements to rural dwellings. (28) The loan and assistance programs under sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486) for housing for farm labor. (29) The program of grants for preservation and rehabilitation of housing under section 533 of the Housing Act of 1949 (42 U.S.C. 1490m). (30) The program of grants and loans for mutual and self- help housing and technical assistance under section 523 of the Housing Act of 1949 (42 U.S.C. 1490c). (31) The program of site loans under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d). (32) The program under part B of title IV of the Higher Education Act of 1965. (33) The program under subpart 1 of part A of title IV of the Higher Education Act of 1965. (34) The program under part C of title IV of the Higher Education Act of 1965. (35) The program under subpart 3 of part A of title IV of the Higher Education Act of 1965. (36) The program under part E of title IV of the Higher Education Act of 1965. (37) The program under subpart 4 of part A of title IV of the Higher Education Act of 1965. (38) The program under title IX of the Higher Education Act of 1965. (39) The program under subpart 5 of part A of title IV of the Higher Education Act of 1965. (40) The programs established in sections 338A and 338B of the Public Health Service Act and the programs established in part A of title VII of such Act (relating to loans and scholarships for education in the health professions). (41) The program established in section 317(j)(1) of the Public Health Service Act (relating to grants for immunizations against vaccine-preventable diseases). (42) The program established in section 317A of the Public Health Service Act (relating to grants for screening, referrals, and education regarding lead poisoning in infants and children). (43) The program established in part A of title XIX of the Public Health Service Act (relating to block grants for preventive health and health services). (44) The programs established in subparts I and II of part B of title XIX of the Public Health Service Act. (45)(A) The program of training for disadvantaged adults and youth under part A of title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.), as in effect before July 1, 1993. (B)(i) The program of training for disadvantaged adults under part A of title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.), as in effect on and after July 1, 1993. (ii) The program of training for disadvantaged youth under part C of title II of the Job Training Partnership Act (29 U.S.C. 1641 et seq.), as in effect on and after July 1, 1993. (46) The Job Corps program under part B of title IV of the Job Training Partnership Act (29 U.S.C. 1692 et seq.). (47) The summer youth employment and training programs under part B of title II of the Job Training Partnership Act (29 U.S.C. 1630 et seq.). (48) The programs carried out under the Older American Community Service Employment Act (42 U.S.C. 3001 et seq.). (49) The programs under title III of the Older Americans Act of 1965. (50) The programs carried out under part B of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5011- 5012). (51) The programs carried out under part C of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013). (52) The program under the Low-Income Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (53) The weatherization assistance program under title IV of the Energy Conservation and Production Act (42 U.S.C. 6851). (54) The program of block grants to States for social services under title XX of the Social Security Act. (55) The programs carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (56) The program of legal assistance to eligible clients and other programs under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.). (57) The program for emergency food and shelter grants under title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11331 et seq.). (58) The programs carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). (59) A State program for providing child care under section 402(i) of the Social Security Act. (60) The program of State legalization impact-assistance grants (SLIAG) under section 204 of the Immigration Reform and Control Act of 1986. (d) Notification of Program Beneficiaries.--Any Federal agency that administers a program referred to in subsection (c) shall, directly or through the States, notify each recipient of benefits of the changes in eligibility under this Act.

Makes aliens not lawfully in the United States ineligible for specified types of public welfare assistance, including Medicaid (except emergency medical assistance), Aid to Families with Dependent Children, and child welfare services.

To prohibit public welfare assistance to aliens not lawfully in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Port of Entry Personnel and Infrastructure Funding Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Northern border.--The term ``Northern border'' means the international border between the United States and Canada. (2) Southern border.--The term ``Southern border'' means the international border between the United States and Mexico. SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL. (a) Staff Enhancements.--In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within United States Customs and Border Protection on such date, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, hire, train, and assign to duty, by not later than September 30, 2016, the following: (1) Five thousand full-time Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Northern border and the Southern border. (2) Three hundred fifty full-time support staff for all United States ports of entry. (b) Waiver of FTE Limitation.--The Secretary of Homeland Security may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to fulfill the requirements under subsection (a). (c) Reports to Congress.-- (1) Outbound inspections.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report containing the Department of Homeland Security's plans for ensuring the placement of sufficient United States Customs and Border Protection officers on outbound inspections, and adequate outbound infrastructure, at all Southern border land ports of entry to-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on the Judiciary of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; and (D) the Committee on Homeland Security of the House of Representatives. (2) Agricultural specialists.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, shall submit a report to the committees set forth in paragraph (1) that contains plans for ensuring the placement of sufficient agriculture specialists at all Southern border land ports of entry. (3) Annual implementation report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to the committees set forth in paragraph (1) that-- (A) details the Department of Homeland Security's implementation plan for staff enhancements required under subsection (a)(1); (B) includes the number of additional personnel assigned to duty at land ports of entry by location; and (C) describes the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections. SEC. 4. SECURE COMMUNICATIONS AND DETECTION EQUIPMENT FOR BORDER PERSONNEL. (a) Secure Communication.--The Secretary of Homeland Security shall ensure that each United States Customs and Border Protection officer is equipped with a secure 2-way communication and satellite-enabled device, supported by system interoperability, that allows United States Customs and Border Protection officers to communicate between ports of entry and inspection stations, and with other Federal, State, local, and tribal law enforcement entities. (b) Border Area Security Initiative Grant Program.--The Secretary of Homeland Security shall establish a program for awarding grants for the purchase of detection equipment at land ports of entry and mobile, hand-held, 2-way communication and biometric devices for State and local law enforcement officers serving on the Southern border. SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF LAND PORTS OF ENTRY. (a) In General.--In order to aid in the enforcement of Federal customs, immigration, and agriculture laws, the Commissioner of U.S. Customs and Border Protection may-- (1) design, construct, and modify land ports of entry and other structures and facilities, including living quarters for officers, agents, and personnel; (2) acquire, by purchase, donation, exchange or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner's duties under this section; and (3) construct additional ports of entry along the Southern border and the Northern border. (b) Consultation.-- (1) Locations for new ports of entry.--The Secretary of Homeland Security is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners-- (A) to determine locations for new ports of entry; and (B) to minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and quality of life for the communities and residents located near such ports. (2) Savings provision.--Nothing in this subsection may be construed-- (A) to create any right or liability of the parties described in paragraph (1); (B) to affect the legality and validity of any determination under this Act by the Secretary; or (C) to affect any consultation requirement under any other law. SEC. 6. AUTHORITY TO ACQUIRE LEASEHOLDS. Notwithstanding any other provision of law, the Secretary of Homeland Security may acquire a leasehold interest in real property, and may construct or modify any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary to facilitate the implementation of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $6,000,000,000 to carry out this Act during the 6-year period beginning on October 1, 2011, of which $30,000,000 shall be used for grants authorized under section 4(b). SEC. 8. RESCISSION OF UNOBLIGATED FEDERAL FUNDS. (a) In General.--There is hereby rescinded, from appropriated discretionary funds that remain available for obligation as of the date of the enactment of this Act (other than the unobligated funds covered by subsection (d)), amounts determined by the Director of the Office of Management and Budget such that the aggregate amount of the rescission equals the amount authorized to be appropriated under section 7. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify-- (1) the appropriation accounts from which the rescission under subsection (a) shall apply; and (2) the amount of the rescission that shall be applied to each such account. (c) Report.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress and the Secretary of the Treasury a report that describes the accounts and amounts determined and identified under subsection (b) for rescission under subsection (a). (d) Exceptions.--This section shall not apply to unobligated funds of-- (1) the Department of Defense; (2) the Department of Veterans Affairs; or (3) the Department of Homeland Security.

Emergency Port of Entry Personnel and Infrastructure Funding Act of 2011 - Directs the Secretary of Homeland Security (DHS) to hire, by the end of FY2016, an additional: (1) 5,000 full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders of the United States, and (2) 350 full-time support staff for all U.S. ports of entry. Directs the Secretary to: (1) equip each CBP officer with a secure communication and satellite-enabled device that allows communication between ports of entry and inspection stations, and with federal, state, local, and tribal law enforcement entities; and (2) establish a grant program for the purchase of detection equipment at land ports of entry and communication and biometric devices for state and local law enforcement officers serving on the southern border. Authorizes: (1) the Commissioner of CBP to construct land ports of entry, acquire necessary land or land interests, and construct additional ports of entry along the borders; and (2) the Secretary to acquire necessary real property leaseholds. Authorizes appropriations. Rescinds specified funds equal to such appropriations.

A bill to provide additional resources and funding for construction and infrastructure improvements at United States land ports of entry, to open additional inspection lanes, to hire more inspectors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Lands Forever Wild Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Constitution of the State of New York (Article XIV, Section I) contains a prohibition on extraction on State-owned public lands, which has served the State and its citizens well and is a good model for the management of the approximately 650,000,000 acres of Federal public lands. (2) The Federal agencies responsible for the management of these Federal public lands, primarily the Forest Service of the Department of Agriculture, the United States Fish and Wildlife Service and Bureau of Land Management of the Department of the Interior, and the Tennessee Valley Authority, currently permit massive corporate extraction on the vast majority of these public lands without accounting for the other assets of these lands. (3) With little or no accounting, let alone honest and fully-costed accounting, vast areas of these Federal public lands, and the rivers and streams and other resources on these lands, are being taken, liquidated, or despoiled by private industry at great, but unaccounted for, public expense. (4) The economic benefits of this coporate extraction are out-weighed by the costs and risks to the public, including risks to human health, welfare, and survivability. (5) National Forest System lands, a component of the Federal public lands, serve as the source of 80 percent of America's fresh drinking water. (6) These forests and other Federal public lands produce much of America's topsoil, replenish oxygen and water, moderate weather, climate, and flooding. (7) Surveys indicate that at least 80 percent of the American public believes that National Forest System lands are protected in the same manner and to the same extent as national parks and wants the Federal public lands, and the rivers and streams and other resources on these lands, protected from harm. (8) The Federal public lands should be fully and completely protected from all further development and harm and should not be leased, sold or exchanged, or be taken by any corporation, public or private, and the timber, grazing browse, minerals, oil and gas, and other resource on these lands should not be sold, removed or destroyed. SEC. 3. PROHIBITIONS ON COMMERCIAL EXTRACTION ON FEDERAL PUBLIC LANDS. (a) Protection of Public Lands.--Federal public lands shall be fully and completely protected from all further development and harm, including zero tree cutting, zero road building, zero logging, zero mining, zero grazing, zero drilling, zero water degradation, zero motorized trail development, zero motorized recreation area development, zero building of commercial recreational buildings, zero allowance of new commercial recreation areas and developments, zero water diversions and zero dams, and no exceptions may be made to these prohibitions. Federal public lands shall not be leased, sold, or exchanged, or be taken by any corporation, public or private, nor shall the timber, grazing browse, minerals, oil and gas, water, or any other resource thereon be sold, removed, or destroyed. (b) Public Lands Defined.--In this Act, the term ``Federal public lands'' means all federally-owned lands and waters, now owned or hereafter acquired, within all National Parks, National Forests, National Grasslands, National Monuments, National Wildlife Refuges, Bureau of Land Management lands, Army Corps of Engineers lands, Tennessee Valley Authority Lands, and National Wilderness Areas. (c) Other Management Requirements.-- (1) Roads.--All roads on all Federal public lands shall be inventoried, a determination shall be made of those which are essential and those unnecessary. Based upon the inventory determination, essential roads shall be identified and maintained and all others shall be obliterated and revegetated within 10 years after the date of the enactment of this Act. (2) Inventories.--The Federal agencies having jurisdiction over Federal public lands shall prepare an inventory of all Federal public lands by acre, roads, rivers, and streams by mile. The inventory shall include a description of the status and condition of the lands and a recommendation of what can or should be done to restore natural conditions on the lands. The inventory and recommendations shall be completed within two years after the date of the enactment of this Act. (d) Fires, Insects, Disease, and Other Natural Forces.--Fires, insects, disease and other natural destructive forces shall all be considered acts of nature and part of a healthy, functioning, and wild ecosystem. No further attempts to correct for such acts of nature shall occur on Federal public lands. (e) Enforcement.-- (1) Purpose and finding.--The purpose of this subsection is to foster the widest possible enforcement of this section. Congress finds that all people of the United States are injured by violations of these prohibitions on Federal public lands. (2) Federal enforcement.--The provisions of this section shall be enforced by the Federal agencies having jurisdiction over Federal public lands and by the Attorney General of the United States against any person who violates this Act. (3) Citizen suits.--Any citizen harmed by a violation of this section may enforce this section by bringing an action for declaratory judgment, temporary restraining order, injunction, statutory damages, and other remedies against any alleged violator, including the United States, in any district court of the United States. (4) Standard of proof.--The standard of proof in all actions brought under this subsection shall be the preponderance of the evidence and the trial shall be de novo. (5) Damage award.--The court, after determining a violation of this section, shall impose a damage award of not less than $5,000 nor more than 1,000 times the value of the damaged or lost public assets, shall issue one or more injunctions and other equitable relief, and shall award to the plaintiffs reasonable costs of the litigation, including attorney's fees, witness fees, and other necessary expenses. The court shall have the authority to order seizure and forfeiture of all assets, including corporate assets, belonging to the violator involved in any way in the commission of the violation. The damage award shall be paid by the violator or violators designated by the court to the United States Treasury. The damage award shall be paid from the United States Treasury, as provided by Congress under section 1304 of title 31, United States Code, within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal public lands. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment. (6) Waiver.--The United States, including its agents and employees, waives its sovereign immunity in all respects in all actions under this subsection. No notice is required to enforce this section. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Public Lands Forever Wild Act - Prohibits, without exception, certain actions on Federal public lands, including: (1) tree cutting; (2) road building; (3) logging; (4) mining; and (5) drilling. Forbids the leasing, sale, or exchange of such lands or the sale, removal, or destruction of any resource from such lands, including timber and minerals.Requires that all roads on Federal public lands be inventoried, with unnecessary ones to be obliterated and revegetated. Directs the Federal agencies having jurisdiction over Federal public lands to inventory them by acre, roads, rivers, and streams by mile. States that such inventory shall include a recommendation of what can be done to restore natural conditions on the lands.Declares fires, insects, disease, and other natural destructive forces on Federal public lands to be considered acts of nature, with no further attempts to correct for them permitted.Allows any citizen harmed by a violation of this Act to bring suit in any district court of the United States. Permits the court to impose damages for findings of violation.Sets forth that the United States (including its agents and employees) waives its sovereign immunity in all respects in all actions with regard to court proceedings under this Act.

To protect public assets, natural heritage, and native biodiversity on Federal public lands by banning all further degradation, development, and extraction on such lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ratepayer Protection Act of 2015''. SEC. 2. EXTENDING COMPLIANCE DATES OF RULES ADDRESSING CARBON DIOXIDE EMISSIONS FROM EXISTING POWER PLANTS PENDING JUDICIAL REVIEW. (a) Extension of Compliance Dates.-- (1) Extension.--Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c). (2) Definition.--In this subsection, the term ``compliance date''-- (A) means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply; and (B) includes the date by which State plans are required to be submitted to the Environmental Protection Agency under any such final rule. (b) Final Rules Described.--A final rule described in this subsection is any final rule to address carbon dioxide emissions from existing sources that are fossil fuel-fired electric utility generating units under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), including any final rule that succeeds-- (1) the proposed rule entitled ``Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units'' published at 79 Fed. Reg. 34830 (June 18, 2014); or (2) the supplemental proposed rule entitled ``Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi- Jurisdictional Partnerships'' published at 79 Fed. Reg. 65482 (November 4, 2014). (c) Period Described.--The time period described in this subsection is the period of days that-- (1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and (2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act (42 U.S.C. 7607))-- (A) that are filed during the 60 days described in paragraph (1); and (B) that seek review of any aspect of such rule. (d) Sense of Congress.--The Congress encourages the Administrator of the Environmental Protection Agency, in promulgating, implementing, or enforcing any final rule described in subsection (b), to specifically address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into State and Federal implementation plans adopted pursuant to any such final rule. SEC. 3. RATEPAYER PROTECTION. (a) Effects of Plans.--No State shall be required to adopt or submit a State plan, and no State or entity within a State shall become subject to a Federal plan, pursuant to any final rule described in section 2(b), if the Governor of such State makes a determination, and notifies the Administrator of the Environmental Protection Agency, that implementation of the State or Federal plan would-- (1) have a significant adverse effect on the State's residential, commercial, or industrial ratepayers, taking into account-- (A) rate increases that would be necessary to implement, or are associated with, the State or Federal plan; and (B) other rate increases that have been or are anticipated to be necessary to implement, or are associated with, other Federal or State environmental requirements; or (2) have a significant adverse effect on the reliability of the State's electricity system, taking into account the effects on the State's-- (A) existing and planned generation and retirements; (B) existing and planned transmission and distribution infrastructure; and (C) projected electricity demands. (b) Consultation.--In making a determination under subsection (a), the Governor of a State shall consult with-- (1) the public utility commission or public service commission of the State; (2) the environmental protection, public health, and economic development departments or agencies of the State; and (3) the Electric Reliability Organization (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)). SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE ENERGY. In issuing, implementing, and enforcing any final rule described in section 2(b), the Administrator of the Environmental Protection Agency shall treat hydropower as renewable energy. Passed the House of Representatives June 24, 2015. Attest: KAREN L. HAAS, Clerk.

Ratepayer Protection Act of 2015 (Sec. 2) This bill extends compliance deadlines for rules under the Clean Air Act that address carbon dioxide emissions from existing fossil fuel-fired power plants pending final judicial review. This extension applies to any final rule that succeeds either: the proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units"; or the supplemental proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships." The extension period begins 60 days after the notice of promulgation of a final rule appears in the Federal Register and ends when the rule is no longer subject to judicial appeal or review. The bill urges the Environmental Protection Agency (EPA), in promulgating, implementing, or enforcing the rules, to address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into implementation plans adopted pursuant to the rules. (Sec. 3) A state is not required to submit or follow an implementation plan that addresses carbon dioxide emissions from existing power plants if it determines that the plan would have a significant adverse effect on: (1) the state's residential, commercial, or industrial ratepayers; or (2) the reliability of the state's electricity system. (Sec. 4) The EPA must treat hydropower as renewable energy when implementing or enforcing the rules.

Ratepayer Protection Act of 2015

SECTION 1. BAN ON DISCLOSURE OF MEDICAL QUALITY ASSURANCE INFORMATION. Subsection (a) of section 5705 of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2)(A) Except as provided in subsection (b), no part of any medical quality assurance record or document described in subsection (a)(1) may be subject to discovery or admitted into evidence in any judicial or administrative proceeding. ``(B) An individual who reviews or creates medical quality assurance records or documents for the Department or who participates in any proceeding that reviews or creates such records or documents may not be permitted or required to testify in any judicial or administrative proceeding with respect to such records or documents or with respect to any finding, recommendation, evaluation, opinion, or action taken by such person in connection with such records or documents except as provided in this section.''. SEC. 2. DISCLOSURE AUTHORITY. (a) Clarification of Coverage.--Subsection (b)(1) of section 5705 of title 38, United States Code, is amended by striking out ``or document'' in the matter above subparagraph (A) and inserting in lieu thereof ``, document, or testimony''. (b) Disclosure for Professional Use.--Such subsection is further amended by adding at the end the following: ``(E) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (C), but only concerning the subject of such proceeding. ``(F) To a governmental board or agency or to a professional health care society or organization, if such record or document is needed by the board, agency, society, or organization to issue a professional license or credential to or to monitor the compliance with professional standards of any health care provider who is or was an employee of the Department. ``(G) To a hospital, medical center, or other institution that provides health care services, if such record or document is needed by the institution to assess the professional qualifications of any health care provider who is or was an employee of the Department and who has applied for or been granted authority or employment to provide health care services in or on behalf of such institution. ``(H) To an administrative or judicial proceeding commenced by a present or former Department health care provider concerning the termination, suspension or limitation of the clinical privileges of such health care provider, or concerning any adverse action involving such health care provider, but only to the extent that such records or documents relate to the clinical conduct or performance of the individual who has commenced the action.''. (c) Removal of Identities.--Subsection (b)(2) of such section is amended by striking out ``if disclosure'' and all that follows through ``personal privacy'' and inserting in lieu thereof ``subparagraphs (1)(A) and (1)(B) of this subsection''. SEC. 3. LIMITATION ON DISCLOSURE. Paragraph (3) of section 5705(b) of title 38, United States Code, is amended to read as follows: ``(3) A person or entity having possession of, or access to, information, records, or documents, or testimony relating thereto, that is subject to the provisions of this section may not disclose such information, records, or documents, or any testimony relating thereto, in any manner or for any purpose except for a purpose as provided in this subsection. No person or entity to whom a record or document has been disclosed under this subsection shall make further disclosure of such record or document except for a purpose provided in this subsection.''. SEC. 4. ACCESS TO RECORDS. Subsection (b) of section 5705 of title 38, United States Code, is amended by adding at the end the following: ``(7) Medical quality assurance records and documents described in subsection (a) which are subject to section 552a of title 5 may not be disclosed in accordance with that section except to the extent that such disclosure is also authorized under this section. ``(8) Medical quality assurance records or documents described in subsection (a) which are also subject to section 552a of title 5-- ``(A) shall not be subject to the access provisions of such section 552a to the extent that such access would reveal the identities of participants in the quality assurance process which generated the records or documents; and ``(B) are not subject to the amendment provisions of such section 552a. ``(9) Medical quality assurance records and documents described in subsection (a) may not be made available to any person under section 552 of title 5.''. SEC. 5. REGULATIONS. Subsection (d)(2) of section 5705 of title 38, United States Code, is amended by striking out ``specified in'' and inserting in lieu thereof ``accomplished in accordance with''.

Prohibits Department of Veterans Affairs medical quality assurance records from being subject to discovery or admitted into evidence in any judicial or administrative proceeding. Prohibits an individual who participates in the production of such records from being required to testify at such a proceeding. Allows testimony concerning such records (currently, only the records or documents themselves) to be disclosed to Federal agencies for certain limited purposes (licensing, accreditation). Specifies additional uses for which such information may be disclosed. Includes information and testimony related to such records within certain disclosure limitation provisions. Prohibits the disclosure of such records by the Department as public information to the extent that such disclosure would reveal the identities of the participants in the quality assurance process which generated the records or documents.

A bill to amend title 38, United States Code, to clarify the coverage and protection provided to medical quality assurance records by section 5705 of that title.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Investment and Savings Equity Act of 1997''. SEC. 2. INDIVIDUAL'S ELIGIBILITY FOR DEDUCTIBLE IRA NOT DETERMINED BY REFERENCE TO SPOUSE'S PARTICIPATION IN PENSION PLAN. (a) In General.--Section 219(g)(1) of the Internal Revenue Code of 1986 (relating to limitation on deduction for active participants in certain pension plans) is amended by striking ``or the individual's spouse''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. INDIVIDUALS MAY MAKE CONTRIBUTIONS FOR PERIODS OF MATERNITY OR PATERNITY LEAVE. (a) In General.--Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(v) Right To Make Contributions With Respect to Periods of Maternity and Paternity Leave.-- ``(1) In general.--For purposes of this title-- ``(A) a trust which forms part of a plan shall not constitute a qualified trust under section 401(a), ``(B) a plan shall not be treated as described in section 403(b), ``(C) a plan shall not be treated as an eligible deferred compensation plan under section 457, and ``(D) an arrangement shall not be treated as meeting the requirements of section 408 (k) or (p), unless such plan or arrangement permits participants who were on eligible maternity or paternity leave to make additional elective deferrals under the plan or arrangement with respect to periods of such leave. ``(2) Treatment of contributions.-- ``(A) In general.--In the case of any contribution to a plan under paragraph (1) (and any employer matching contribution with respect thereto)-- ``(i) such contribution shall not, with respect to the year in which the contribution is made-- ``(I) be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, or ``(II) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan, ``(ii) such contribution shall be subject to the limitations referred to in clause (i) with respect to the year to which the contribution relates (in accordance with rules prescribed by the Secretary), and ``(iii) except as provided in subparagraph (B)(i), such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 410(b), or 416 by reason of the making of (or the right to make) such contribution. ``(B) Matching contributions.--Nothing in subparagraph (A) shall require an employer to make any matching contribution with respect to any additional elective deferrals under paragraph (1), but if the employer elects to make any such matching contribution-- ``(i) the requirements of section 401(a)(4) shall be applied separately to all such matching contributions made during a year, and ``(ii) the amount of any such matching contribution may not exceed the maximum amount which could have been made under the plan had the elective deferral actually been made during the period of eligible maternity and paternity leave. ``(3) Amount and timing of elective deferrals.--A plan shall not be treated as meeting the requirements of paragraph (1) unless the plan provides the following: ``(A) Amount.--The amount of any elective deferral under paragraph (1) which any employee is permitted to make with respect to any period of eligible maternity and paternity leave shall not exceed the maximum amount of the elective deferrals that the employee would have been permitted to make during such period in accordance with the limitation referred to in paragraph (2)(A)(i) if the individual-- ``(i) had not been on eligible maternity and paternity leave during such period, and ``(ii) had received compensation in an amount determined under rules similar to the rules under subsection (u)(7). Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during such period. ``(B) Timing.--An employee may make an elective deferral to which paragraph (1) applies at any time during the 3-year period beginning on the date on which the eligible maternity or paternity leave ends. Any matching contribution with respect to any such elective deferral shall be made not later than the due date (including extensions) for the filing of the employer's return for the taxable year in which such elective deferral is made. ``(4) Eligible maternity and paternity leave.--For purposes of this subsection-- ``(A) In general.--The term `eligible maternity or paternity leave' means any absence of an individual from work for any period-- ``(i) by reason of the pregnancy of the individual, ``(ii) by reason of the birth of a child of the individual, ``(iii) by reason of the placement of a child with the individual in connection with the adoption of the child by the individual, or ``(iv) for purposes of caring for such child for a period beginning immediately following such birth or placement. ``(B) Limitation.--Such period may not exceed 12 months with respect to any child. ``(5) Other definitions and rules.--For purposes of this subsection-- ``(A) Elective deferral.--The term `elective deferral' has the meaning given such term by subsection (u)(2)(C). Such term shall also include any after-tax employee contributions described in subsection (u)(2)(D). ``(B) Plan.--The term `plan' includes any arrangement under section 408 (k) or (p). ``(C) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, the rules of subsection (u)(3) shall apply. ``(D) Loan repayment suspensions permitted.--In the case of any plan or arrangement to which paragraph (1) applies, the rules of subsection (u)(4) shall apply to any loan repayment suspension during any period of eligible maternity and paternity leave.'' (b) Effective Date.--The amendment made by this section shall apply to periods of eligible maternity and paternity leave beginning after December 31, 1997. SEC. 4. CATCHUP CONTRIBUTIONS FOR FAMILIES WITH CHILDREN NOT COVERED BY A PENSION PLAN. (a) In General.--Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules), as amended by section 3, is amended by adding at the end the following: ``(w) Catchup Contributions for Families With Children Not Covered by a Pension Plan.-- ``(1) In general.--For purposes of this title-- ``(A) a trust which forms part of a plan shall not constitute a qualified trust under section 401(a), ``(B) a plan shall not be treated as described in section 403(b), ``(C) a plan shall not be treated as an eligible deferred compensation plan under section 457, and ``(D) an arrangement shall not be treated as meeting requirements of section 408 (k) or (p), unless such plan or arrangement permits eligible participants to make additional elective deferrals under the plan or arrangement in accordance with paragraph (2). ``(2) Catchup contributions.-- ``(A) In general.--A plan shall permit an eligible participant to make the additional elective deferrals under paragraph (1) in any year which is certified as a catchup year by the participant under subparagraph (E). ``(B) Limitation on amount of additional deferrals.--A plan shall not permit additional elective deferrals under paragraph (1) for any year in an amount greater than the lesser of-- ``(i) the amount of the elective deferrals the participant may otherwise make under the plan for such year (determined without regard to this subsection, subsection (u), or any limitation described in subparagraph (C)(i)), or ``(ii) the excess (if any) of-- ``(I) 120 percent of the dollar limitation in effect under section 402(g), 408(p), or 457(b)(2)(A), whichever is applicable, for taxable years beginning in the calendar year in which the plan year begins, over ``(II) any other elective deferrals of the participant for such year which are made without regard to this subsection. ``(C) Treatment of contributions.--In the case of any contribution to a plan under paragraph (1) (and any employer matching contribution with respect thereto)-- ``(i) such contribution shall not, with respect to the year in which the contribution is made-- ``(I) be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, or ``(II) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan, and ``(ii) except as provided in subparagraph (D)(i), such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 410(b), or 416 by reason of the making of (or the right to make) such contribution. ``(D) Matching contributions.--Nothing in subparagraph (A) shall require an employer to make any matching contribution with respect to any additional elective deferrals under paragraph (1) for any year, but if the employer elects to make any such matching contribution-- ``(i) the requirements of section 401(a)(4) shall be applied separately to all such matching contributions made during a year, and ``(ii) the amount of any such matching contribution may not exceed the maximum amount which could have been made under the terms of the plan in effect for elective deferrals made for such year without regard to this subsection. ``(E) Certification of catchup years.-- ``(i) In general.--A participant making additional elective deferrals under paragraph (1) for any year shall certify to the plan administrator that-- ``(I) the participant is an eligible participant, and ``(II) the year is a catchup year. ``(ii) Catchup year.--An eligible participant may certify 1 or more years as catchup years, except that the total number of years which may be certified shall not exceed the excess (if any) of-- ``(I) the number of years (not in excess of 18) described in paragraph (3) occurring before the year in question, over ``(II) the number of years previously certified by the participant under this subsection. ``(iii) Plans not responsible for certification failures.--A plan shall not be treated as failing to meet the requirements of this subsection by reason of reliance on an incorrect certification under this subparagraph unless the plan administrator knew, or reasonably should have known, that the certification was incorrect. ``(3) Eligible participant.--For purposes of this subsection, the term `eligible participant' means, with respect to any year, a participant in a plan who, for any calendar year before the calendar year in which the year begins-- ``(A) was not an active participant (within the meaning of section 219(g)(5)) for any plan year beginning in the calendar year, and ``(B) had a child or stepchild who had not attained age 18 with respect to whom a deduction was allowed under section 151 to the participant (or the participant's spouse) for a taxable year beginning in the calendar year. ``(4) Other definitions and rules.--For purposes of this subsection-- ``(A) Elective deferral.--The term `elective deferral' has the meaning given such term by subsection (u)(2)(C). Such term shall also include after-tax employee contributions described in subsection (u)(2)(D). ``(B) Plan.--The term `plan' includes any arrangement under section 408 (k) or (p). ``(C) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, the rules of subsection (u)(3) shall apply.'' (b) Effective Date.--The amendment made by this section shall apply to contributions in taxable years beginning after December 31, 1997.

Women's Investment and Savings Equity Act of 1997 - Amends the Internal Revenue Code with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in a plan is not treated as participation by the individual's spouse. Permits retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."

Women's Investment and Savings Equity Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Veterans Exposed to Toxic Chemicals Act''. SEC. 2. CENTERS OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS RELATING TO EXPOSURE TO OPEN BURN PITS AND OTHER EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL EXPOSURES. (a) Establishment.--The Secretary of Defense shall establish within the Department of Defense three centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures to carry out the responsibilities specified in subsection (c). Such centers shall be established using-- (1) the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act; and (2) guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112- 239; 126 Stat. 1692; 10 U.S.C. 1074 note). (b) Selection of Sites.--In selecting sites for the centers of excellence under subsection (a), the Secretary of Defense shall select entities that-- (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to open burn pits and other environmental exposures; (2) have a publication track record of post-deployment health exposures among veterans from Iraq and Afghanistan; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury from Iraq and Afghanistan; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. (c) Partnerships.--The Secretary shall ensure that the centers collaborate to the maximum extent practicable with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (d). (d) Responsibilities.--The center shall have responsibilities as follows: (1) To implement the comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures. (2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of health conditions relating to exposure to open burn pits and other environmental exposures. (3) To provide guidance for the health system of the Department in determining the personnel required to provide quality health care for members of the Armed Forces with health conditions relating to exposure to open burn pits and other environmental exposures. (4) To establish, implement, and oversee a comprehensive program to train health professionals of the Department in the treatment of health conditions relating to exposure to open burn pits and other environmental exposures. (5) To facilitate advancements in the study of the short- term and long-term effects of exposure to open burn pits and other environmental exposures. (6) To disseminate within the military medical treatment facilities of the Department best practices for training health professionals with respect to health conditions relating to exposure to open burn pits and other environmental exposures. (7) To conduct basic science and translational research on health conditions relating to exposure to open burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. (8) To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (e) Use of Burn Pits Registry Data.--In carrying out its responsibilities under subsection (c), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (f) Definitions.--In this section: (1) The term ``open burn pit'' means an area of land located in Afghanistan or Iraq that-- (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (2) The term ``other environmental exposures'' means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2019.

Helping Veterans Exposed to Toxic Chemicals Act - Directs the Secretary of Defense to establish within the Department of Defense (DOD) three centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures. Requires the Secretary to select for such centers entities that: (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure; (2) have a publication track record of post-deployment health exposures among veterans from Iraq and Afghanistan; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury from Iraq and Afghanistan; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. Directs the Secretary to ensure that the centers collaborate with the Secretary of Veterans Affairs (VA), institutions of higher education, and other appropriate public and private entities to carry out specified responsibilities, including to: (1) implement the comprehensive plan and strategy for DOD for the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to such exposure; and (2) provide for dissemination within DOD of best practices for the treatment of such conditions and the training of health professionals. Requires the center to have access to and make use of the data accumulated by the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012.

Helping Veterans Exposed to Toxic Chemicals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stanislaus River Native Anadromous Fish Improvement Act''. SEC. 2. PILOT PROGRAM TO PROTECT ANADROMOUS FISH IN THE STANISLAUS RIVER. (a) Establishment of Non-Native Predator Fish Removal Program.--The Commissioner and districts, in consultation with the National Marine Fisheries Service, the United States Fish and Wildlife Service, and the California Department of Fish and Wildlife, shall jointly develop and conduct a pilot non-native predator fish removal program to remove non- native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fishes from the Stanislaus River. The pilot program shall-- (1) be scientifically based; (2) include methods to quantify the number and size of predator fishes removed each year, the impact of such removal on the overall abundance of predator fishes, and the impact of such removal on the populations of juvenile anadromous fish found in the Stanislaus River by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell; (3) use wire fyke trapping, portable resistance board weirs, and boat electrofishing, which are the most effective predator collection techniques that minimize affects to native anadromous fish; (4) be developed, including the application for all necessary scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)), for the performance of the pilot program, not later than 6 months after the date of the enactment of this Act; (5) be implemented on the first business day of the calendar year following the issuance of all necessary scientific research and species enhancement permits needed to begin the pilot program; and (6) be implemented for a period of five consecutive calendar years. (b) Management.--The management of the pilot program shall be the joint responsibility of the Commissioner and the districts. Such parties shall work collaboratively to insure the performance of the pilot program, and shall discuss and agree upon, among other things, changes in the structure, management, personnel, techniques, strategy, data collection, reporting, and conduct of the pilot program. (c) Conduct.-- (1) In general.--At the election of the districts, the pilot program may be conducted by their own personnel, qualified private contractors hired by the districts, personnel of, on loan to, or otherwise assigned to the Bureau of Reclamation, or a combination thereof. (2) Participation by bureau of reclamation.--In the event the districts elect to conduct the program using their own personnel or qualified private contractors hired by them, the Commissioner has the option to assign an employee of, on loan to, or otherwise assigned to the Bureau of Reclamation, to be present for all activities performed in the field. Such presence shall insure compliance with the agreed upon elements specified in subsection (b). The districts shall pay 100 percent of the cost of such participation as specified in subsection (d). (3) Timing of election.--The districts shall notify the Commissioner of their election on or before October 15 of each calendar year of the pilot program, which election shall apply to the work performed in the subsequent calendar year. (d) Funding.-- (1) Annual funding.--The districts shall be responsible for 100 percent of the cost of the pilot program. On or before December 1 of each year of the pilot program, the Commissioner shall submit to the districts an estimate of the cost to be incurred by the Bureau of Reclamation in the following calendar year, if any, including the cost of any data collection and posting under subsection (e). If an amount equal to the estimate is not provided to the reclamation fund identified in section 3 of the Act of February 21, 1911 (43 U.S.C. 525), by the districts on or before December 31 of each year-- (A) the Bureau of Reclamation shall have no obligation to conduct the pilot program activities otherwise scheduled until full payment is made by the districts; and (B) the districts shall be prohibited from conducting any aspect of the pilot program until full payment is made by the districts. (2) Accounting.--On or before September 1 of each calendar year, the Commissioner shall provide an accounting of the prior calendar year's expenses to the districts. If the estimate paid by the districts was less than the actual costs incurred by the Bureau of Reclamation, the districts shall have until September 30 of that calendar year to pay the difference to the reclamation fund. If the estimate paid by the districts was greater than the actual costs incurred by the Bureau of Reclamation, then a credit shall be provided to the districts, which shall be deducted from the estimate payment the districts must make for the work performed by the Bureau of Reclamation, if any, in the next calendar year. (e) Reporting and Evaluation.-- (1) In general.--On or before the 15th day of each month, the Commissioner shall post on the Web site of the Bureau of Reclamation a tabular summary of the raw data collected in the prior month. (2) Report.--On or before June 30 of the calendar year following the completion of the program, the Commissioner and districts shall jointly publish a peer reviewed report that-- (A) discusses the findings and conclusions of the pilot program; (B) synthesizes the data collected under paragraph (1); and (C) makes recommendations for further study and action. (f) Permits Process.-- (1) Not later than 180 days after filing of an application by the Commissioner and the districts, the Secretary of the Interior, the Secretary of Commerce, or both, as appropriate, shall issue all necessary scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act (16 U.S.C. 153(9)(a)(1)), for the performance of the pilot program. (2) Any permit application that is not approved by the Secretary of the Interior, Secretary of Commerce, or both, as appropriate, for any reason, within 180 days after receiving the application, shall be deemed approved. (3) All permits issued shall be in the name of the Bureau of Reclamation and the districts. (4) Districts may delegate the authority to administer the permit authority to any qualified private contractor retained in accordance with subsection (c). (5) The pilot program, including amendments thereto by the appropriate Federal and State agencies, shall constitute a conservation plan that complies with the requirements of section 10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2)). (g) NEPA.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to section 2 and the issuance of any permit under this subsection during the seven-year period beginning on the date of the implementation of the pilot program. SEC. 3. RESTRICTIONS. Any restriction imposed under California law on the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon anadromous fish and that occupies or is found in the Stanislaus River is hereby void and is preempted. SEC. 4. DEFINITIONS. For the purposes of this Act: (1) Anadromous fish.-- (A) The term ``anadromous fish'' as applied to the Stanislaus River and the operation of New Melones-- (i) means those native stocks of salmon (including steelhead) that-- (I) as of October 30, 1992, were present in and had not been extirpated from the Stanislaus River; and (II) which ascend the Stanislaus River to reproduce after maturing in San Francisco Bay or the Pacific Ocean; and (ii) does not mean any stock, strain or member of American shad, sockeye salmon, or striped bass. (B) The definition of anadromous fish provided in section 3403(a) of the Central Valley Project Improvement Act (Public Law 102-575) shall not apply to the operation of New Melones Dam and Reservoir, or to any Federal action in the Stanislaus River. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Reclamation. (3) Districts.--The term ``districts'' means the Oakdale Irrigation District and the South San Joaquin Irrigation District. (4) Pilot program.--The term ``pilot program'' means the pilot non-native predator removal program established under section 2(b). SEC. 5. SUNSET. This Act and the authorities provided under this Act shall expire 7 years after implementation of the pilot program begins.

Stanislaus River Native Anadromous Fish Improvement Act - Directs the Commissioner of the Bureau of Reclamation, the Oakdale Irrigation District, and the South San Joaquin Irrigation District to jointly develop and conduct a pilot non-native predator fish removal program to remove non-native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fish from the Stanislaus River. Requires the program to: (1) be scientifically based; (2) include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of certain juvenile anadromous fish found in the Stanislaus River; and (3) be implemented for five consecutive years. Requires such Districts to be responsible for the cost of such program. Directs the Commissioner to post a monthly summary of the raw data on the Bureau website. Requires the Commissioner and districts, following the completion of the program, to publish a peer reviewed report that discusses findings and makes recommendations for further study and action. Voids and preempts any California legal restriction imposed on the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon specified stocks of anadromous fish and that occupies or is found in the Stanislaus River. Defines "anadromous fish" as native stocks of salmon (including steelhead) that, as of October 30, 1992, were present in and had not been extirpated from the Stanislaus River and that ascend such river to reproduce after maturing in San Francisco Bay or the Pacific Ocean. Excludes any stock, strain, or member of American shad, sockeye salmon, or striped bass. Prohibits a definition of "anadromous fish" provided in the Central Valley Project Improvement Act from applying to the operation of New Melones Dam and Reservoir or to any federal action in the Stanislaus River. Requires this Act and the authorities provided under this Act to expire seven years after implementation of the pilot program begins.

Stanislaus River Native Anadromous Fish Improvement Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Border Reinforcement and Violence Reduction Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Border relief grant program. Sec. 104. Authorization of appropriations. Sec. 105. Enforcement of Federal immigration law. Sec. 106. Regulations. TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION Sec. 201. Short title. Sec. 202. Project Gunrunner. Sec. 203. Enhanced international cooperation. Sec. 204. Operation Armas Cruzadas. Sec. 205. Vehicle inspections. Sec. 206. Affirmation of Second Amendment. TITLE I--BORDER LAW ENFORCEMENT ENHANCEMENT SECTION 101. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Enhancement Act of 2009''. SEC. 102. FINDINGS. Congress finds the following: (1) It is the obligation of the Federal Government to adequately secure the borders of the United States and prevent the flow of undocumented persons and illegal drugs into the United States in order to better secure such borders. (2) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties. (3) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border. (4) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border security related crimes. (5) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with border security, narcoterrorism, and other border-related crimes. (6) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region. SEC. 103. BORDER RELIEF GRANT PROGRAM. (a) In General.--From amounts made available under section 104, the Secretary of Homeland Security may make border security grants to-- (1) sheriffs' offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds.-- (1) In general.--Grant funds received under subsection (a) may be used for the following activities: (A) To conduct law enforcement operations to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer to appropriate Federal law enforcement officials aliens unlawfully present in the United States who detained or in the custody of the grant recipient. (C) To enforce State and Federal laws relating to securing the border and enforce other State and Federal criminal laws. (2) Payment of costs.--Use of funds under paragraph (1) shall include payment for costs of-- (A) hiring, equipping, training, and otherwise controlling the operations and deployment of law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and (B) detaining, housing, and transporting aliens who are unlawfully present in the United States and who are taken into custody by the grant recipient, until such aliens are transferred to appropriate Federal law enforcement officials. (3) Detention facilities.--In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities. (c) Application.-- (1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit to the Secretary of Homeland Security an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Homeland Security to carry out this title $150,000,000 for fiscal year 2010 and each succeeding fiscal year. SEC. 105. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this title shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority. SEC. 106. REGULATIONS. Not later than 90 days after the date of the enactment of this title, the Secretary of Homeland Security shall issue regulations to carry out this title. TITLE II--SOUTHWEST BORDER VIOLENCE REDUCTION SEC. 201. SHORT TITLE. This Act may be cited as the ``Southwest Border Violence Reduction Act of 2009''. SEC. 202. PROJECT GUNRUNNER. (a) In General.--The Attorney General shall dedicate and expand the resources provided for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and prosecute individuals involved in the trafficking of firearms across the international border between the United States and Mexico. (b) Activities.--In carrying out this section, the Attorney General shall-- (1) assign additional agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area of the United States adjacent to the international border between the United States and Mexico to support the expansion of Project Gunrunner teams; (2) establish not fewer than 1 Project Gunrunner team in each State along the international border between the United States and Mexico; and (3) coordinate with the heads of other relevant Federal law enforcement agencies and State and local law enforcement agencies to address firearms trafficking in a comprehensive manner. (c) Additional Staff.--The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources needed to adequately support, Project Gunrunner. (d) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section. SEC. 203. ENHANCED INTERNATIONAL COOPERATION. (a) In General.--The Attorney General, in cooperation with the Secretary of State, shall-- (1) assign agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the United States mission in Mexico, to work with Mexican law enforcement agencies in conducting investigations relating to firearms trafficking and other criminal enterprises; (2) provide the equipment and technological resources necessary to support investigations and to trace firearms recovered in Mexico; and (3) support the training of Mexican law enforcement officers in serial number restoration techniques, canine explosive detection, and antitrafficking tactics. (b) Authorization of Appropriations.--There is authorized to be appropriated $9,500,000 for each of fiscal years 2010 and 2011 to carry out this section. SEC. 204. OPERATION ARMAS CRUZADAS. (a) In General.--In accordance with subsection (b), the Secretary of Homeland Security shall dedicate and expand the resources provided for Operation Armas Cruzadas of United States Immigration and Customs Enforcement (ICE) to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms and in other unlawful activities across the international border between the United States and Mexico. (b) Resources.--To achieve the goal described in subsection (a), the Secretary of Homeland Security shall-- (1) increase the number of ICE agents assigned to Operation Armas Cruzadas over the number of such agents who are so assigned as of the date of the enactment of this section; (2) increase the number of Border Enforcement Security Task Force (BEST) teams stationed along the border over the number of such teams so stationed as of the date of the enactment of this section; and (3) coordinate with the heads of other relevant Federal, State, and local law enforcement agencies to address firearms trafficking in a comprehensive manner. (c) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 for each of fiscal years 2010 and 2011 to carry out this section. SEC. 205. VEHICLE INSPECTIONS. The Secretary of Homeland Security shall coordinate with the heads of other relevant Federal, State, and local law enforcement agencies along the border to develop a comprehensive and strategic plan for the inspection of vehicles heading into Mexico. SEC. 206. AFFIRMATION OF SECOND AMENDMENT. Nothing in this title shall be construed to restrict or limit the use and ownership of legal handguns and firearms by law-abiding gun owners.

Border Reinforcement and Violence Reduction Act of 2009 - Authorizes and directs the Attorney General and the Secretary of Homeland Security to expand resources, make grants, and take other actions to protect U.S. citizens and property and to identify, investigate, and prosecute firearms trafficking and other unlawful activities along the U.S.-Mexican border. Border Law Enforcement Enhancement Act of 2009 - Authorizes the Secretary to make border security grants to local sheriffs' offices and police departments within 25 miles of the southern border of the United States. Allows grant funds to be used to pay for law enforcement operations along the U.S.-Mexican border, the costs of training and equipping law enforcement personnel, transporting illegal aliens to U.S. custody, and building detention facilities. Southwest Border Violence Reduction Act of 2009 - Directs the Attorney General to: (1) to dedicate and expand resources for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to identify, investigate, and prosecute firearms trafficking across the U.S.-Mexican border; and (2) provide ATF agents, equipment, and training to assist Mexican law enforcement officers in combating firearms trafficking and other criminal enterprises. Directs the Secretary to: (1) dedicate and expand resources for the Operation Armas Cruzadas of the U.S. Immigration and Customs Enforcement to identify, investigate, and prosecute firearms trafficking, smuggling, and other unlawful activities across the U.S.-Mexican border; and (2) coordinate with other federal, state, and local law enforcement agencies to develop a comprehensive and strategic plan to inspect vehicles heading into Mexico.

To authorize the Secretary of Homeland Security and the Attorney General to increase resources to identify and eliminate illicit sources of firearms smuggled into Mexico for use by violent drug trafficking organizations and for other unlawful activities by providing for border security grants to local law enforcement agencies and reinforcing Federal resources on the border, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of State Special Agents Retirement Act of 1998''. SEC. 2. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM. (a) Definition of a Special Agent.-- (1) In general.--Section 804 of the Foreign Service Act of 1980 (22 U.S.C. 4044) is amended-- (A) by striking ``and'' at the end of paragraph (13); (B) by striking the period at the end of paragraph (14) and inserting ``; and''; and (C) by adding at the end the following: ``(15) `special agent' means an employee of the Department of State with a primary skill code of 2501-- ``(A) the duties of whose position-- ``(i) are primarily-- ``(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States; or ``(II) the protection of persons pursuant to section 2709(a)(3) of title 22, United States Code, against threats to personal safety; and ``(ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Secretary of State pursuant to section 4823 of title 22, United States Code; ``(B) performing duties described in subparagraph (A) before, on, or after the date of the enactment of this paragraph; or ``(C) transferred directly to a position which is supervisory or administrative in nature after performing duties described in subparagraph (A) for at least 3 years.''. (2) Conforming amendment.--Section 852 of such Act (22 U.S.C. 4071a) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following: ``(9) the term `special agent' has the same meaning given in section 804(15).''. (b) Contributions.-- (1) In general.--Section 805(a) of such Act (22 U.S.C. 4045(a)) is amended by adding at the end the following: ``(3) For service as a special agent, paragraph (1) shall be applied by substituting for `7 percent' the percentage that applies to law enforcement officers under section 8334(a)(1) of title 5, United States Code.''. (2) Conforming amendment.--Section 805(a)(1) (22 U.S.C. 4045(a)(1)) of such Act is amended by striking ``Except as provided in subsection (h),'' and inserting ``Except as otherwise provided in this section,''. (c) Special Contribution for Prior Nondeposit Service.--Section 805(d) of such Act (22 U.S.C. 4045(d)) is amended by adding at the end the following: ``(6) Subject to paragraph (4) and subsection (h), for purposes of applying this subsection with respect to prior service as a special agent, the percentages of basic pay set forth in section 8334(c) of title 5, United States Code, with respect to a law enforcement officer, shall apply instead of the percentages set forth in paragraph (1).''. (d) Computation of Annuities.-- (1) In general.--Section 806(a) of such Act (22 U.S.C. 4046(a)) is amended-- (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following: ``(6)(A) The annuity of a special agent under this subchapter shall be computed under paragraph (1) except that, in the case of a special agent described in subparagraph (B), paragraph (1) shall be applied by substituting for `2 percent'-- ``(i) the percentage under subparagraph (A) of section 8339(d)(1) of title 5, United States Code, for so much of the participant's total service as is specified thereunder; and ``(ii) the percentage under subparagraph (B) of section 8339(d)(1) of title 5, United States Code, for so much of the participant's total service as is specified thereunder. ``(B) A special agent described in this subparagraph is any such agent or former agent who-- ``(i)(I) retires voluntarily or involuntarily under section 607, 608, 611, 811, 812, or 813, under conditions authorizing an immediate annuity, other than for cause on charges of misconduct or delinquency, or retires for disability under section 808; and ``(II) at the time of retirement-- ``(aa) if voluntary, is at least 50 years of age and has completed at least 20 years of service as a special agent; or ``(bb) if involuntary or disability, has completed at least 20 years of service as a special agent; or ``(ii) dies in service after completing at least 20 years of service as a special agent, when an annuity is payable under section 809. ``(C) For purposes of subparagraph (B), included with the years of service performed by an individual as a special agent shall be any service performed by such individual as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code), or a member of the Capitol Police.''. (2) Special rule for special agents with prior service under the foreign service retirement and disability system or the civil service retirement system.--Section 806(a) of such Act (22 U.S.C. 4046(a)), as amended by paragraph (1), is further amended-- (A) by redesignating paragraph (7) (as so redesignated by paragraph (1)) as paragraph (8); and (B) by inserting after paragraph (6) (as added by paragraph (1)) the following: ``(7) In the case of a special agent who becomes or became subject to subchapter II-- ``(A) for purposes of paragraph (6)(B), any service performed by the individual as a special agent (whether under this subchapter or under subchapter II), as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code), or as a member of the Capitol Police shall be creditable; and ``(B) if the individual satisfies paragraph (6)(B), the portion of such individual's annuity which is attributable to service under the Foreign Service Retirement and Disability System or the Civil Service Retirement System shall be computed in conformance with paragraph (6).''. (3) Technical and conforming amendments.-- (A) Paragraph (8) of section 806(a) of such Act (22 U.S.C. 4046(a)), as so redesignated by paragraph (2)(A), is amended by striking ``and (4)'' and inserting ``(4), and (6)''. (B) Paragraphs (1) and (3) of section 855(b) of such Act (22 U.S.C. 4071d(b)) are each amended by inserting ``611,'' after ``608,''. SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS. The first sentence of section 812(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows: ``Notwithstanding paragraph (1)-- ``(A) an individual described in section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998 who is otherwise eligible for immediate retirement under this chapter; or ``(B) a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) of title 5, United States Code, as applicable, had the employee remained in civil service, shall be separated from the Service on the last day of the month in which such individual under subparagraph (A) or such Foreign Service criminal investigator/inspector under subparagraph (B) attains 57 years of age or completes 20 years of service if then over that age.''. SEC. 4. EFFECTIVE DATE; APPLICABILITY. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act-- (1) shall take effect on the date of the enactment of this Act; and (2) shall apply with respect to-- (A) any individual first appointed on or after that date as a special agent who will have any portion of such individual's annuity computed in conformance with section 806(a)(6) of the Foreign Service Act; and (B) any individual making an election under subsection (b), subject to the provisions of such subsection. (b) Election for Current Participants.-- (1) Eligibility.--An election under this subsection may be made by any currently employed participant under chapter 8 of the Foreign Service Act of 1980 who is serving or has served as a special agent, or by a survivor of a special agent who was eligible to make an election under this section. (2) Effect of an election.-- (A) In general.--If an individual makes an election under this subsection, the amendments made by this Act shall become applicable with respect to such individual, subject to subparagraph (B). (B) Treatment of prior service.-- (i) Special contribution.--An individual may, after making the election under this subsection, make a special contribution up to the full amount of the difference between the contributions actually deducted from pay for prior service and the deductions that would have been required if the amendments made by this Act had then been in effect. Any special contributions under this clause shall be computed under regulations based on section 805(d) of the Foreign Service Act of 1980 (as amended by section 2), including provisions relating to the computation of interest. (ii) Actuarial reduction.-- (I) Rule if the special contribution is paid.--If the full amount of the special contribution under clause (i) is paid, no reduction under this clause shall apply. (II) Rule if less than the entire amount is paid.-- If no special contribution under clause (i) is paid, or if less than the entire amount of such special contribution is paid, the recomputed annuity shall be reduced by an amount sufficient to make up the actuarial present value of the shortfall. (c) Regulations and Notice.--Not later than 6 months after the date of the enactment of this Act, the Secretary of State-- (1) shall promulgate such regulations as may be necessary to carry out this Act; and (2) shall take measures reasonably designed to provide notice to participants as to any rights they might have under this Act. (d) Election Deadline.--An election under subsection (b) must be made not later than 90 days after the date on which the relevant notice under subsection (c)(2) is provided. (e) Definition.--For purposes of this section, the term ``special agent'' has the meaning given such term under section 804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section 2(a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Department of State Special Agents Retirement Act of 1998 - Amends the Foreign Service Act of 1980 to redefine (diplomatic security) "special agent" to mean an employee of the Department of State with a primary skill code of 2501 performing certain investigative or protective duties, or having been transferred directly to a supervisory or administrative position after performing such duties for at least three years. Replaces the current rate for both employee and agency contributions to the Foreign Service Retirement and Disability (FSRD) Fund applicable to special agents with the same rate applicable to Federal law enforcement officers. Subjects to the percentages required for law enforcement officers any special contribution a special agent may make for prior service as a special agent. Revises the computation of annuities for special agents to apply the formula for law enforcement officers under the Civil Service Retirement System (CSRS). Allows any special agent who elected to transfer from the FSRD System to the Foreign Service Pension System to have the portion of his or her annuity attributable to service preceding such election (including service as a Federal law enforcement officer or as a member of the Capitol Police) also computed according to the formula for law enforcement officers under CSRS. Subjects special agents who make an election under this Act to mandatory retirement at age 57 or, if older, after 20 years of service. Allows current participants, certain retirees, and participants' survivors to make specified elections concerning the applicability of amendments made by this Act.

Department of State Special Agents Retirement Act of 1998

SECTION 1. CONTINUATION OF MEDICAID EMERGENCY PSYCHIATRIC DEMONSTRATION PROJECT. (a) Original States.--Paragraph (2) of section 2707(d) of Public Law 111-148 (42 U.S.C. 1396a note) is amended to read as follows: ``(2) Extension of participation eligibility for originally selected states.-- ``(A) In general.-- ``(i) State option to resume participation.--The Secretary shall allow any State selected as an eligible State to participate in the demonstration project on or prior to March 13, 2012, to resume participation in the demonstration project upon the request of the State. ``(ii) Timeline for election and participation.--A State that elects to resume participation in the demonstration project under clause (i) shall-- ``(I) make such election before April 1, 2017; and ``(II) resume participation not sooner than July 1, 2018, and not later than December 31, 2018.''. (b) Authority To Substitute a New State for an Originally Selected State.--Paragraph (2) of section 2707(d) of Public Law 111-148 (42 U.S.C. 1396a note), as amended by subsection (a), is amended by adding at the end the following new subparagraphs: ``(B) Authority to replace an originally selected state.-- ``(i) In general.--If any State that was selected to participate in the demonstration project on or prior to March 13, 2012, does not elect before April 1, 2017, to resume the State's participation in the demonstration project, the Secretary may select on a competitive basis another State to participate in the project. ``(ii) Timeline for participation by a replacement state.--A State selected to participate in the demonstration project under clause (i) shall begin to participate not sooner than July 1, 2018, and not later than December 31, 2018. ``(C) Length of participation for original and replacement states.--A State that elects to resume participation in the demonstration project under subparagraph (A) or is selected to participate under subparagraph (B) shall be permitted to participate in the demonstration project for a period of three consecutive years, and no State may continue to participate in the demonstration project after such period without the approval of Congress in accordance with subsection (f)(4)(C). ``(D) Cap on number of states.--In no event may the number of States authorized to participate in the demonstration project under this paragraph exceed 12 States.''. (c) Funding.--Subsection (e) of section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (1) by amending subparagraph (A) of paragraph (1) to read as follows: ``(A) In general.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section-- ``(i) $75,000,000 for fiscal year 2011, to remain available until expended; and ``(ii) $75,000,000 for fiscal year 2017, to remain available through March 31, 2022.''; and (2) by amending paragraph (2) to read as follows: ``(2) Limitation on payments.--In no case may-- ``(A) the aggregate amount of payments made by the Secretary to eligible States under this section for the period beginning on July 1, 2018, and ending on December 31, 2021, exceed $75,000,000; or ``(B) payments be provided by the Secretary under this section after March 31, 2022, unless a law described in subsection (f)(4)(C) is in effect.''. (d) Permanent and Expansion Evaluation and Recommendation.-- Subsection (f)(4) of section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (1) in subparagraph (A)-- (A) by striking ``April 1, 2019'' and inserting ``June 30, 2021''; and (B) by striking ``December 31, 2019'' and inserting ``December 31, 2021''; (2) in subparagraph (C), by striking ``December 31, 2019'' each place it appears and inserting ``December 31, 2021''; and (3) by adding at the end the following new subparagraph: ``(D) Collection of data from states.--The Secretary shall provide each State participating in the demonstration project with a template of the data needed from the State to conduct the evaluation required under this paragraph and at least 1 fiscal quarter to collect and submit such data.''. (e) Conforming Amendments.-- (1) Authority to conduct project.--Subsection (a) of section 2707 of such Act (42 U.S.C. 1396a note) is amended by inserting ``or (d)(2)(B)'' after ``subsection (c)''. (2) Technical correction to stabilization review requirement.--The first sentence of section 2707(b) of such Act (42 U.S.C. 1396a note) is amended to read as follows: ``A State shall specify in its application the mechanism established for ensuring that institutions participating in the demonstration will determine whether or not such individuals have been stabilized (as defined in subsection (h)(5)).''. (3) Eligible state definition.--Subsection (c)(1) of section 2707 of such Act (42 U.S.C. 1396a note) is amended by inserting ``and subsection (d)(2)(B)'' after ``paragraph (4)''. (4) Length of project.--Subsection (d) of section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraph (2)''; and (B) by striking paragraphs (3) and (4). (5) Funding.--Subsection (e)(4) of section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (A) by striking ``an evaluation under subsection (f)(1)'' and inserting ``the evaluations required under subsection (f)''; and (B) by striking ``or (3)''. (f) Offset.--From amounts appropriated for the Prevention and Public Health Fund for fiscal year 2021 under section 4002(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 300u-11(b)), $75,000,000 shall be rescinded.

This bill: (1) continues the Medicaid emergency psychiatric demonstration project; (2) authorizes the Centers for Medicare & Medicaid Services to replace with another state, on a competitive basis, any originally selected state that elects not to resume its participation in the project; and (3) modifies other requirements related to the project.

A bill to continue the Medicaid emergency psychiatric demonstration project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up the Department of Veterans Affairs Act of 2017''. SEC. 2. PROHIBITION ON EMPLOYMENT BY SECRETARY OF VETERANS AFFAIRS OF INDIVIDUALS CONVICTED OF CERTAIN FELONIES AND MEDICAL PERSONNEL WHO HAVE HAD THEIR MEDICAL LICENSES OR CREDENTIALS REVOKED OR SUSPENDED. (a) Individuals Convicted of Felonies.--Section 709 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(d)(1) Except as provided in paragraph (2), the Secretary may not-- ``(A) hire in or transfer to any position at the Department any person who has been convicted of a State or Federal criminal offense-- ``(i) for which the minimum term of imprisonment is more than one year; and ``(ii) that substantially relates to the position; or ``(B) employ in any position at the Department any person who, after the date of the enactment of the Clean Up the Department of Veterans Affairs Act of 2017, is convicted of a criminal offense described in subparagraph (A). ``(2)(A) Paragraph (1) shall not apply with respect to a conviction of a State or Federal criminal offense if-- ``(i) the records of such conviction have been expunged pursuant to an order by a court of competent jurisdiction; or ``(ii) during the 10-year period beginning on the date of such conviction, the person who was convicted of such criminal offense has not been convicted of any other State or Federal criminal offense for which the minimum term of imprisonment is more than one year. ``(B) Paragraph (1) shall not apply in a case in which the person being hired or transferred is being hired or transferred as part of a program intended specifically to help veterans who have been convicted of a State or Federal criminal offense for which the minimum term of imprisonment is more than one year. ``(3) The Director of the Office of Personnel Management shall, for purposes of paragraph (1), issue guidance on which criminal offenses substantially relate to which positions at the Department. ``(4) Before hiring any individual for a position at the Department, the Secretary shall conduct a background check to determine whether the individual has been convicted of any offenses described in paragraph (1).''. (b) Prohibition on Employment of Individuals Who Have Had Medical Licenses or Credentials Revoked or Suspended.-- (1) In general.--Section 7402 of such title is amended by adding at the end the following new subsection: ``(h)(1) The Secretary may not employ, transfer, or hire any individual in a position listed in section 7401(1) of this title who has had a license or credential relating to such position revoked or suspended by a lawful licensing authority pursuant to a finding by the lawful licensing authority that the individual is dyscompetent, the individual is incompetent, or the services provided by the individual do not meet the standards prescribed by the lawful licensing authority for such services. ``(2) Before transferring or hiring any individual in a position listed in section 7401(1) of this title, the Secretary shall conduct a background check, including by searching the State medical licensing board of each State in which the employee is licensed or practices and the National Practitioner Databank or any successor databank, to determine whether the individual has had a license or credential relating to such position revoked or suspended in any State.''. (2) Termination of current employees.--As soon as practicable after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the process of terminating the employment of each individual employed by the Secretary in violation of section 7402(h) of title 38, United States Code, as added by paragraph (1). (c) Relation to Other Provisions of Law.-- (1) In general.--Any provision of title 5, United States Code, or subchapter V of chapter 74 of title 38, United States Code, otherwise applicable to the termination of an employee under subsection (b)(2) of this section, section 709(d) of title 38, United States Code, as added by subsection (a), or section 7402(h) of such title, as added by subsection (b)(1), shall apply to the termination, except to the extent such provision of title 5, United States Code, or subchapter V of chapter 74 of title 38, United States Code, conflicts with, and is superseded by, subsection (b)(2) of this section, section 709(d) of such title, or section 7402(h) of such title. (2) Merit system principles.--The Secretary shall carry out any termination described in paragraph (1) in a manner consistent with the merit system principles set forth in section 2301(b) of title 5, United States Code. (3) Limitation on period of review of appeals.--In any case in which an appeal of a termination described in paragraph (1) of an employee is submitted to the Merit Systems Protection Board for review, the Merit Systems Protection Board shall take such actions as may be necessary to ensure that, notwithstanding any other provision of law, the Board issues a decision on such appeal not later than 30 days after the date on which the employee receives notification from the Secretary of such termination. (4) Rule of construction.--Subsection (b)(2), section 709(d) of title 38, United States Code, as added by subsection (a), and section 7402(h) of such title, as added by subsection (b)(1), shall not be construed to deprive or waive for any individual any employment protection or due process requirement in effect on the day before the date of the enactment of this Act, except as provided in paragraph (1) of this subsection. SEC. 3. DISCLOSURE OF DISCIPLINARY ACTION WITH RESPECT TO HEALTH CARE PROVIDERS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Disclosure of Disciplinary Action With Respect to Health Care Employees.--Notwithstanding section 552a of title 5, United States Code, the Secretary of Veterans Affairs shall, with respect to each individual appointed under section 7401 of title 38, United States Code, for which disciplinary action has been taken by the Secretary, provide to the State medical licensing board of each State in which the individual is licensed or practices, and to the National Practitioner Databank or any successor databank, information regarding such disciplinary action. (b) Disclosure of Disciplinary Action With Respect to Non- Department Providers.-- (1) In general.--Notwithstanding section 552a of title 5, United States Code, the Secretary of Veterans Affairs shall, with respect to each non-Department health care provider for which disciplinary action has been taken by the Secretary, provide to the State medical licensing board of each State in which the provider is licensed or practices, and to the National Practitioner Databank or any successor databank, information regarding such disciplinary action. (2) Report to congress.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on all non-Department health care providers with respect to which disciplinary action was taken by the Secretary during the year preceding the submittal of the report. (3) Non-department health care provider defined.--In this subsection, the term ``non-Department health care provider'' means a health care provider that is not a health care provider of the Department of Veterans Affairs.

Clean Up the Department of Veterans Affairs Act of 2017 This bill prohibits the Department of Veterans Affairs (VA) from: (1) hiring or transferring to any VA position a person who has been convicted of a state or federal criminal offense that substantially relates to the position and for which the minimum prison term is more than one year; or (2) employing a person in a VA position who, after enactment of this bill, is convicted of such a criminal offense. Such prohibition shall not apply: to a conviction of a state or federal criminal offense if the records of such conviction have been expunged, to a conviction of a state or federal criminal offense if during the 10-year period beginning on the date of such conviction the person has not been convicted of any other criminal offense for which the minimum prison term is more than one year, or if the person is being hired or transferred as part of a program to help veterans who have been convicted of a state or federal criminal offense for which the minimum prison term is more than one year. The VA: (1) may not employ, transfer, or hire an individual for specified medical positions who has had a related license or credential revoked or suspended; and (2) shall begin the process of terminating current employees who have had such licenses or credentials revoked or suspended. The Merit Systems Protection Board shall issue a decision on an appeal for termination review within 30 days of an employee's notification of termination. The VA shall provide information about an individual's disciplinary action to the appropriate state medical licensing boards and to the National Practitioner Databank.

Clean Up the Department of Veterans Affairs Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cocopah Lands Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The reservation of the Cocopah Tribe of Arizona is located in Yuma County, Arizona. (2) That reservation was created by an Executive order signed by President Woodrow Wilson in 1917. (3) The Tribe's land holdings are located within 3 noncontiguous reservations comprising a total of approximately 6,226.3 acres of trust land. (4) The Tribe purchased the additional lands to provide infrastructure to housing areas, water, and economic development to tribal members. (5) The current trust land base of the reservation is insufficient to provide such needs. (6) The Tribe acquired 7 parcels of land contiguous to its present reservation lands in 1986, 1993, 1997, and 2005, and these parcels are currently classified as ``Tribal fee lands'' under Federal law. (7) The acquired parcels shall not be taken into trust for gaming purposes. (8) The best means of solving the Tribe's land and economic needs to its tribal members is to require the Secretary to take lands in Yuma County, Arizona, that are acquired by the Tribe into trust for the Tribe subject to the provisions of this Act. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Tribe.--The term ``Tribe'' means the Cocopah Tribe of Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LANDS TO BE TAKEN INTO TRUST. (a) Lands To Be Taken Into Trust.--If the Tribe transfers title to the land described in subsection (b) to the Secretary, the Secretary shall take that land into trust for the benefit of the Tribe, if at the time of such transfer there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to such land, including outstanding liens, mortgages, or taxes owed. (b) Land Described.--The land referred to in subsection (a) is described as follows: (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\1/4\ of the NW\1/4\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, except that portion of the SW\1/4\ of the NW\1/4\, of said Sec. 1, T. 10 S., R. 25 W., lying southeasterly of the north right-of-way line of the Bureau of Reclamation levee. (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\1/4\ of the NE\1/4\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (3) Parcel 3 (mcdaniel purchase 1993).--That part of the E\1/2\ of the SE\1/4\, lying south of the East Main Bureau of Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (4) Parcel 4 (holland purchase 1997).--That portion of the NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal; except the north 220 feet. (5) Parcel 5 (holland purchase 1997).--An easement over the easterly 15 feet of the north 220 feet of that portion of the NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R. 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal for irrigation purposes. (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, Sec. 29, and Lots 16 and 17 and the N\1/2\ of the SW\1/4\ of the SE\1/4\, of Sec. 30, T. 16 S., R. 22 E., of the San Bernardino Meridian, Yuma County, Arizona, according to the dependent resurvey of the Bureau of Land Management, accepted December 9, 1960. (7) Parcel 7 (speed way purchase 2005).--That portion of the W\1/2\ of the SE\1/4\ of Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, lying south and east of the East Main Canal; except the south 33 feet thereof; except one-third interest in and to all mineral rights, as reserved in the deed recorded in Docket 1461, page 600, records of Yuma County, Arizona. (c) Lands To Be Made Part of the Reservation.--Land taken into trust pursuant to subsection (a) shall be considered to be part of the Tribe's initial reservation. (d) Service Area.--For the purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be Yuma County, Arizona. (e) Gaming Prohibited.--Land taken into trust for the benefit of the Tribe under this Act shall not be used for gaming under the Indian Gaming Regulatory Act.

Cocopah Lands Act - Requires the Secretary of the Interior to take certain land in Yuma County, Arizona, into trust for the Cocopah Indian Tribe, if the Tribe transfers title of the land to the Secretary and there are no recognized environmental problems with, or adverse legal claims to, the land. Considers such land to be part of the Tribe's initial reservation. Designates Yuma County, Arizona, as the Tribe's service area for the delivery of federal services to enrolled Tribe members. Prohibits using the trust land for gaming under the Indian Gaming Regulatory Act.

To direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Tribe of Arizona, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraqi Police Service Improvement Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2004, National Security Presidential Directive 36 (NSPD-36) transferred responsibility from the Department of State to the Department of Defense for ``organizing, equipping, and training all Iraqi security forces'' and stated that ``at the appropriate time, the Secretary of State and the Secretary of Defense shall jointly decide when these functions shall transfer to a security assistance organization and other appropriate organizations under the authority of the Secretary of State and the Chief of Mission.''. (2) On May 25, 2007, the Independent Commission on the Security Forces of Iraq, also known as the Jones Commission, was created to assess the readiness of Iraq's military and police forces and report its findings to Congress. (3) The Jones Commission cited progress by the Iraqi Army and the Ministry of Defense but less improvement by the Ministry of Interior, ``whose dysfunction has hampered the police force''. The Jones Commission found the ``Iraqi Police Service is incapable today of providing security at a level sufficient to protect Iraqi neighborhoods from insurgents and sectarian violence'' and stressed that the police are central to the long-term establishment of security in Iraq. (4) The Jones Commission report stated that although ``U.S. military officers rather than senior civilian law enforcement personnel lead the Coalition training effort for the Iraqi Police Service; this arrangement has inadvertently marginalized civilian police advisors and limited the overall effectiveness of the training and advisory effort.''. The Jones Commission recommended that leadership of the Coalition Police Assistance Training Team (CPATT) and the Police Training Teams should be transferred to senior civilian law enforcement professionals. (5) The Jones Commission found the number of civilian international police advisors to be insufficient for the task of training the Iraqi Police Service. (6) The Department of Defense's September 2007 Quarterly Report to Congress on Measuring Stability and Security in Iraq found that the Ministry of Interior and its forces required ``continued advisory support, training and development, and equipping to be able to progressively assume missions from Coalition forces. The efforts of embedded advisors are focused on addressing continued shortcomings in logistics, leadership and budget execution that hamper improvement, and in certain cases, cause regression.''. The advisors also assess and report on the operational readiness of the units they mentor on a monthly basis. (7) The Department of Defense September 2007 Quarterly Report also stated, ``Current funding levels for the IPA [International Police Advisors] program and availability of military assets do not allow for full coverage of the more than 1,100 provincial and local police headquarters and stations in Iraq.''. In the Department of Defense March 2007 Quarterly Report, the Department of Defense stated that ``cost and risk preclude deploying enough PTTs [Police Transition Teams] to cover all of Iraq's police stations; at any time, only 5 of Iraq's 18 provinces have sufficient PTTs . . . Continued PTT presence and participation at Iraqi Police Service stations are needed to improve police readiness and to sustain progress in reforming community policing.''. However, Transition Teams are embedded in the Ministry of Defense, the Joint Headquarters, and with most battalions and brigade and division headquarters. (8) The Department of Defense September 2007 Quarterly Report also stated that there were 238 Police Transition Teams for the Iraqi Police Service, with each team composed of approximately 12-15 members, two to four of whom are civilian Department of State contractors, funded by the Department of Defense's Iraq Security Forces Fund. The remaining members are military personnel. (9) In testimony given to the Subcommittee on Oversight and Investigations of the Committee on Armed Services of the House of Representatives, the Department of State stated that since the Department of Defense assumed responsibility for training the Iraqi Security Forces, the Department of Defense has transferred $1,500,000,000 to the Bureau for International Narcotics and Law Enforcement Affairs (INL) of the Department of State to provide trainers and advisors, including 690 International Police Liaison Officers, who are DynCorp contractors, and who serve as advisors in the field to train and mentor Iraqi Police. (10) At hearings on the Iraqi Security Forces conducted by the Subcommittee on Oversight and Investigations of the Committee on Armed Services of the House of Representatives, several witnesses agreed that there were not enough civilian police advisors for many units of the Iraqi Police Service and that the military advisors lacked the appropriate policing background to appropriately support the community-policing conducted by the Iraqi Police Service. SEC. 3. DEPARTMENT OF STATE RESPONSIBILITY FOR POLICE TRANSITION TEAMS FOR THE IRAQI POLICE SERVICE. (a) Transfer of Responsibility.-- (1) In general.--Notwithstanding National Security Presidential Directive 36 (NSPD-36), not later than 180 days after the date of the enactment of this Act, the Secretary of State shall assume responsibility from the Department of Defense over the Police Training Teams being used in Iraq to provide advisory support, training and development, and equipment for the Iraqi Police Service. (2) Statement of understanding.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall submit to Congress a statement of understanding on command structure, including on the roles and responsibilities of members of the Police Training Teams. (b) Composition of Teams.--The Secretary of State shall ensure that a majority of the members of each Police Training Team consists of qualified civilian advisors, including employees of the Department of State and employees of contractors secured by the Department of State. Not fewer than two members of each Police Training Team shall be police officers or have retired from police service more than two years before becoming members of a Police Training Team. The leader of each Police Training Team shall also be an employee of the Department of State or an employee of a contractor secured by the Department of State. Members of the United States Armed Forces and personnel from other United States Government agencies, including the Department of Justice, may serve on a Police Training Team in a supporting role. (c) Transfer of Funds.--Effective as of the date on which the Secretary of State assumes responsibility from the Department of Defense over the Police Training Teams, all funds made available for the Police Training Teams (currently funded through the Iraq Security Forces Fund of the Department of Defense) and not expended as of that date shall be transferred to the appropriate account for the Bureau for International Narcotics and Law Enforcement Affairs of the Department of State for the purpose of using Police Training Teams to provide advisory support, training and development, and equipment for the Iraqi Police Service. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary for the Department of State to staff Police Training Teams in accordance with the findings of the study under section 4(a). (e) Continued Department of Defense Role.--In addition to members of the Armed Forces serving on Police Training Teams under subsection (b), the Secretary of Defense, at the request of the Secretary of State, shall make available equipment of the Department of Defense for use by the Police Training Teams. The Armed Forces shall continue to provide security for Police Training Teams, in the manner provided for reconstruction teams operating in Iraq. SEC. 4. STUDIES REQUIRED. (a) Staffing for Police Training Teams.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the Government of Iraq and Coalition forces, conduct a study and submit to Congress a report containing the recommendations of the Secretary on-- (1) the number of civilian advisors needed to sufficiently staff enough Police Training Teams to cover a majority of the approximately 1,100 Iraqi police stations; (2) the availability of Department of State personnel and contractors to staff the Police Training Teams; and (3) the funding required to staff the Police Training Teams. (b) Update of IG Assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to Congress an update to the 2005 interagency Department of Defense-Department of State Inspector General Assessment of Iraqi Police Training. SEC. 5. REPORTS ON POLICY IMPLEMENTATION. Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall transmit to Congress a report on the actions that have been taken to implement the requirements of this Act. The report shall specifically identify the status of-- (1) the assumption of responsibility for Police Training Teams by the Department of State; (2) the equipment level of the Iraqi Police Service, including armored vehicles and heavy weaponry, and the advisors on the Police Training Teams assigned to the Iraqi Police Service; (3) the number of civilian police advisors training the Iraqi Police Service; (4) the number of Police Training Teams and the make-up of each team; (5) issues affecting the recruitment of the appropriate number of advisors; (6) the indicators used to measure the effectiveness of advisors; (7) the indicators used to measure the effectiveness of the Iraqi Police Service; and (8) the impact of transferring to the Government of Iraq in 2007 responsibility for the vetting and recruiting of persons for the Iraqi Police Service with respect to the performance of units of the Iraqi Police Service.

Iraqi Police Service Improvement Act of 2008 - Directs: (1) the Secretary of State to assume responsibility from the Department of Defense (DOD) over the Police Training Teams being used in Iraq to provide advisory support, training and development, and equipment for the Iraqi Police Service; (2) the Secretary to ensure that a majority of the members of each Police Training Team consists of qualified civilian advisors, including Department of State employees and contractor employees; and (3) the Secretary and the Secretary of Defense to submit to Congress a statement of understanding on command structure, including the responsibilities of members of the Police Training Teams. States that: (1) in addition to members of the Armed Forces serving on Police Training Teams the Secretary of Defense, at the request of the Secretary, shall make DOD equipment available for the Police Training Teams; and (2) the Armed Forces shall continue to provide security for Police Training Teams.

To restore to the Department of State responsibility over the Police Training Teams being used to provide advisory support, training and development, and equipment for the Iraqi Police Service, to require the Department of State to provide the majority of members for the Police Training Teams, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce and Cap the Federal Workforce Act of 2010''. SEC. 2. REDUCTION AND LIMITATION ON THE TOTAL NUMBER OF FEDERAL EMPLOYEES. (a) Definition.--In this Act-- (1) the term ``agency''-- (A) means an executive agency as defined under section 105 of title 5, United States Code; and (B) shall not include-- (i) the Executive Office of the President; (ii) the Central Intelligence Agency; (iii) the Federal Bureau of Investigation; or (iv) the Secret Service; and (2) the term ``employee''-- (A) means an employee of any agency; and (B) shall not include any employee-- (i) employed by a Federal entity described under paragraph (1)(B); or (ii) designated by the Director of National Intelligence for exclusion for purposes of national security. (b) Agencies Other Than the Department of Defense and the Department of Homeland Security.-- (1) Determination of number of employees.--Not later than 90 days after the date of enactment of this Act, the head of each agency (other than the Department of Defense and the Department of Homeland Security) shall collaborate with the Director of the Office of Management and Budget and determine-- (A) the number of full-time employees employed in that agency on February 16, 2009; and (B) the number of full-time employees employed in that agency at the end of that 90-day period. (2) Reductions by attrition.--If the number of full-time employees employed in an agency determined under paragraph (1)(A) is less than the number of full-time employees employed in that agency on the date occurring 90 days after the date of enactment of this Act, the head of that agency shall ensure that no individual is appointed as a full-time employee in that agency until the number of full-time employees employed in that agency is reduced by attrition to that number determined under paragraph (1)(A). (3) Offset in number of employees.-- (A) In general.--After an agency has reached the number of full-time employees to be in compliance with paragraph (2), the head of that agency shall ensure that the number of full-time employees in that agency is offset by a reduction of 1 full-time employee at that agency for each individual who is appointed as a full-time employee in any agency. (B) Offset if reductions unnecessary.--If the number of full-time employees employed in an agency determined under paragraph (1)(A) is more than the number of full-time employees employed in that agency on the date occurring 90 days after the date of enactment of this Act, the head of that agency shall ensure that the number of full-time employees in that agency is offset by a reduction of 1 full-time employee at that agency for each individual who is appointed as a full-time employee in any agency. (c) Department of Defense and the Department of Homeland Security.-- (1) Determination of number of employees.--Not later than 90 days after the date of enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall collaborate with the Director of the Office of Management and Budget and determine the number of full-time employees employed in the Department of Defense and the Department of Homeland Security at the end of that 90-day period. (2) Offset in number of employees.--After the 90-day period described under paragraph (1), the Secretary of Defense and the Secretary of Homeland Security shall ensure that the number of full-time employees in the Department of Defense and the Department of Homeland Security determined under paragraph (1) is offset by a reduction of 1 full-time employee at the applicable department for each individual who is appointed as a full-time employee in that department. (d) Information on Total Employees.-- (1) In general.--Except as provided under paragraph (2), the Director of the Office of Management and Budget shall-- (A) publicly disclose-- (i) the total number of Federal employees; (ii) the number of Federal employees in each agency; and (iii) the annual rate of pay by title of each Federal employee at each agency; and (B) update the information described under subparagraph (A) not less than once a year. (2) National security exception.--The Director of National Intelligence may exclude any employee from information to be disclosed under paragraph (1) for purposes of national security.

Reduce and Cap the Federal Workforce Act of 2010 - Requires the head of each executive agency: (1) to determine the number of full-time agency employees on February 16, 2009 (2009 number) and the number of full-time agency employees on the date occurring 90 days after enactment of this Act (current number); (2) if the 2009 number is lower, to ensure that no new employee is appointed until the 2009 number is attained through attrition; and (3) if the current number is lower or once the 2009 number is attained, to maintain that number by offsetting each new appointment by a reduction. Excludes the Department of Defense (DOD), the Department of Homeland Security (DHS), the Executive Office of the President, the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the Secret Service. Requires the Secretary of Defense and the Secretary of Homeland Security to: (1) determine the current number of full-time employees of DOD and DHS; and (2) maintain that number by offsetting each new appointment by a reduction. Requires the Director of the Office of Management and Budget (OMB) to: (1) publicly disclose the total number of federal employees, the number of federal employees in each agency, and the annual rate of pay by title of each federal employee at each agency; and (2) update such information at least once a year. Authorizes the Director of National Intelligence to exclude any employee from such information for purposes of national security.

A bill to provide for a reduction and limitation on the total number of Federal employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Flexibility Act of 1995''. SEC. 2. BLOCK GRANTS TO THE STATES FOR HEALTH CARE SERVICES TO NEEDY INDIVIDUALS. Title XIX of the Social Security Act (42 U.S.C. 1396-1396V) is amended to read as follows: ``TITLE XIX--BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO NEEDY INDIVIDUALS ``purpose; implementation ``Sec. 1901. (a) Purpose.--The purpose of this title is to strengthen families by helping them move from dependence on government benefits to economic independence by consolidating Federal assistance to the States for health care services and assistance to needy individuals into a single grant for such purpose, thereby giving States maximum flexibility to-- ``(1) require beneficiaries who are parents to ensure that their school-age children attend school; ``(2) require minors who are beneficiaries to attend school; ``(3) require parent beneficiaries to ensure that their children receive the full complement of childhood immunizations; ``(4) limit the amount of time able-bodied beneficiaries may receive assistance; ``(5) require beneficiaries not to use illegal drugs or abuse other drugs; ``(6) require each mother to identify the father of any child for whom she seeks assistance; ``(7) deny assistance to illegal aliens; ``(8) require individuals who sponsor the residency of legal aliens to support those they sponsor; and ``(9) involve religious and charitable organizations, voluntary associations, civic groups, community organizations, nonprofit entities, benevolent and fraternal orders, philanthropic entities, and other groups in the private sector, as appropriate, in the provision of health care services and assistance to needy individuals with the funding States receive under this title. ``(b) Implementation.--This purpose shall be implemented in accordance with conditions in each State and as determined by State law. ``payments to states ``Sec. 1902. (a) Amount.-- ``(1) In general.--Each State shall, subject to the requirements of this title, be entitled to receive quarterly payments for fiscal years 1996, 1997, 1998, 1999, and 2000 in an amount equal to 25 percent of the annual amount determined under paragraph (2) for such fiscal year for carrying out the purpose described in section 1901. ``(2) Annual amount.--The annual amount determined under this paragraph is equal to-- ``(A) in fiscal year 1996, 105 percent of the amount received by a State in fiscal year 1995 under this title (as in effect in fiscal year 1995); and ``(B) in each fiscal year thereafter, 105 percent of the amount received by a State in the preceding fiscal year under this title (as in effect in such preceding fiscal year). ``(b) Funding Requirements.--The Secretary of the Treasury shall make quarterly payments described in subsection (a)(1) directly to each State in accordance with section 6503 of title 31, United States Code. ``(c) Expenditure of Funds; Rainy Day Fund.--Amounts received by a State under this title for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year; except for such amounts as the State deems necessary to set aside in a separate account to provide, without fiscal limitation, for unexpected levels of assistance during periods of high unemployment or other events which cause unexpected increases in the need for health care services or assistance for needy individuals. Any amounts remaining in such segregated accounts after fiscal year 2000 shall be expended by a State for the purpose described in section 1901 of this title as in effect in fiscal year 2000. ``(d) Authority To Use Portion of Grant for Other Purposes.-- ``(1) In general.--A State may use not more than 30 percent of the annual amount paid to the State under this title for a fiscal year to carry out a State program pursuant to any or all of the following provisions of law: ``(A) Part A of title IV of this Act. ``(B) Title XVI of this Act. ``(C) The Food Stamp Act. ``(2) Applicable rules.--Any amount paid to the State under this title that is used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this title, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program. ``administrative and fiscal accountability ``Sec. 1903. (a) Audits; Reimbursement.-- ``(1) Audits.-- ``(A) In general.--A State shall, not less than annually, audit the State expenditures from amounts received under this title. Such audit shall-- ``(i) determine the extent to which such expenditures were or were not expended in accordance with this title; and ``(ii) be conducted by an approved entity (as defined in subparagraph (B)) in accordance with generally accepted auditing principles. ``(B) Approved entity.--For purposes of subparagraph (A), the term `approved entity' means an entity that is-- ``(i) approved by the Secretary of the Treasury; ``(ii) approved by the chief executive officer of the State; and ``(iii) independent of any agency administering activities or services funded under this title. ``(2) Reimbursement.-- ``(A) In general.--Not later than 30 days following the completion of an audit under this subsection, a State shall submit a copy of the audit to the State legislature and to the Secretary of the Treasury. ``(B) Repayment.--Each State shall pay to the United States amounts ultimately found by the approved entity under paragraph (1)(A) not to have been expended in accordance with this title plus 10 percent of such amount as a penalty, or the Secretary of the Treasury may offset such amounts plus the 10 percent penalty against any other amount in any other year that the State may be entitled to receive under this title. ``(b) Additional Accounting Requirements.--The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section. ``(c) Reporting Requirements; Form, Contents.-- ``(1) Annual reports.--A State shall prepare comprehensive annual reports on the activities carried out with amounts received by the State under this title. ``(2) Content.--Reports prepared under this section-- ``(A) shall be for the most recently completed fiscal year; ``(B) shall be in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code; ``(C) shall include the results of the most recent audit conducted in accordance with the requirements of paragraph (a) of this section; and ``(D) shall be in such form and contain such other information as the State deems necessary-- ``(i) to provided an accurate description of such activities; and ``(ii) to secure a complete record of the purposes for which amounts were expended in accordance with this title. ``(3) Copies.--A State shall make copies of the reports required under this section available for public inspection within the State. Copies also shall be provided upon request to any interested public agency, and each such agency may provide its views on such reports to the Congress. ``(d) Administrative Supervision.-- ``(1) Role of the secretary of the treasury.-- ``(A) In general.--The Secretary of the Treasury shall supervise the amounts received under this title in accordance with subparagraph (B). ``(B) Limited supervision--The supervision by the Secretary of the Treasury shall be limited to-- ``(i) making quarterly payments to the States in accordance with section 1902(b); ``(ii) approving the entities referred to in subsection (a)(1)(B); and ``(iii) withholding payment to a State based on the findings of such an entity in accordance with subsection (a)(2)(B). ``(2) Other federal supervision.--No administrative officer or agency of the United States, other than the Secretary of the Treasury and, as provided for in section 1904, the Attorney General, shall supervise the amounts received by the States under this title or the use of such amounts by the States. ``(e) Limited Federal Oversight.--With the exception of the Department of the Treasury as provided for in this section and section 1904 of this title, no Federal department or agency may promulgate regulations or issue rules regarding the purpose of this title. ``nondiscrimination provisions ``Sec. 1904. (a) No Discrimination Against Individuals.--No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with amounts received under this title on the basis of such individual's-- ``(1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); ``(2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or ``(3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). ``(b) Compliance.--If the Secretary of the Treasury determines that a State, or an entity that has received funds from amounts received by the State under this title, has failed to comply with a provision of law referred to in subsection (a), except as provided for in section 1905 of this title, the Secretary of the Treasury shall notify the chief executive officer of the State and shall request the officer to secure compliance with such provision of law. If, not later than 60 days after receiving such notification, the chief executive officer fails or refuses to secure compliance, the Secretary of the Treasury may-- ``(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; ``(2) exercise the powers and functions provided under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), (as applicable); or ``(3) take such other action as may be provided by law. ``(c) Authority of Attorney General; Civil Actions.--When a matter is referred to the Attorney General pursuant to subsection (b)(1), or if the Attorney General has reason to believe that an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. ``nondiscrimination and institutional safeguards for religious providers ``Sec. 1905. (a) Purpose.--The purpose of this section is to allow the participation of religious and charitable organizations as providers of health care services and assistance under this title without impairing or diminishing the religious character or freedom of such organizations. ``(b) Nondiscrimination.--Religious organizations are eligible as providers of health care services and assistance as provided for under this title. Neither the Federal Government nor a State receiving funds under this title shall discriminate against an organization which is or applies to be a provider of health care services and assistance on the basis that the organization has a religious mission or purpose. ``(c) Religious Character and Freedom.-- ``(1) In general.--Nothwithstanding any other provision of law, any religious organization participating as a provider of health care services and assistance funded under this title shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. Such an organization may select, employ, promote, discipline, and dismiss its clerics and other ecclesiastics, directors, officers, employees, and volunteers on the basis of religion, a religious belief, or a religious practice. However, a religious organization shall not deny a needy individual health care services and assistance funded under this title on the basis of religion, a religious belief, or refusal to participate in a religious practice. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious provider of health care services and assistance to-- ``(A) alter its form of internal governance, or form a separate, nonprofit corporation to receive and administer the assistance funded under this title; or ``(B) alter real estate of facilities used to provide such assistance, including but not limited to the removal of religious art, icons, scripture, or other symbols; in order to be eligible to be a provider of health care services and assistance funded under this title. ``(3) Fiscal accountability.-- ``(A) In general.--Except as provided in subparagraph (B), any religious organization providing assistance funded under this title shall be subject to the same regulations as other providers to account in accord with generally accepted auditing principles for the use of such funds provided under this title. ``(B) Limited audit.--Religious organizations may segregate Federal funds provided under this title into separate accounts, and then only the financial assistance provided with those funds shall be subject to audit. ``(d) Compliance.--A religious organization which has its rights under this section violated may enforce its claim by asserting a civil action for such relief as may be appropriate, including injunctive relief or damages, in an appropriate district court of the United States against the entity or agency that commits such violation. ``(e) Rights of Beneficiaries of Assistance.-- ``(1) In general.--If a beneficiary has a bona fide objection to the religious character of the organization or institution from which the beneficiary is receiving health care services and assistance funded under this title, each State shall provide such beneficiary a certificate, redeemable with any other provider of assistance funded under this title, for services the value of which is no less than the value of the funding received by the religious provider from a State to provide assistance funded under this title for such individual. ``(2) Prohibition on providing cash in exchange for certificates.--No provider of assistance funded under this title shall provide a beneficiary a cash amount in exchange for a certificate provided for under paragraph (1). ``emergency assistance ``Sec. 1906. (a) In General.--Health care services and assistance funded under this title must be provided to a citizen, legal resident, or an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, if-- ``(1) such services and assistance are necessary for the treatment of an emergency medical condition; ``(2) such person otherwise meets the eligibility requirements for health care services and assistance under the State program funded under this title; and ``(3) such services and assistance are not related to an organ transplant procedure. ``(b) Emergency Medical Condition.--For purposes of this section, the term `emergency medical condition' means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in-- ``(1) placing the patient's health in serious jeopardy; ``(2) serious impairment to bodily functions; or ``(3) serious dysfunction of any bodily organ or part.''. SEC 3. CONFORMING AMENDMENTS TO THE BUDGET ACT. Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is amended by striking ``Grants to States for Medicaid (75-0512-0-1-551);'' and inserting ``Block grants to States for health care services to needy individuals;''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 1995.

Medicaid Flexibility Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to replace the Medicaid program with a program of block grants to States for health care services to needy individuals.

Medicaid Flexibility Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans Health Improvements Act of 1993''. SEC. 2. HEALTH CARE SERVICES FOR WOMEN. (a) Ensuring Provision of Services.--The Secretary of Veterans Affairs shall ensure that each health-care facility under the direct jurisdiction of the Secretary is able, through services made available either by individuals appointed to positions in the Veterans Health Administration or under contracts or other agreements made under section 7409, 8111, or 8153 of title 38, United States Code, or title II of Public Law 102-585, to provide in a timely and appropriate manner the health care services authorized in section 106 of Public Law 102- 585 to any veteran described in section 1710(a)(1) of title 38, United States Code, who is eligible for such services. (b) Routine Health Care Services.--The Secretary shall ensure that each health-care facility under the direct jurisdiction of the Secretary that serves a catchment area in which the number of women veterans described in section 1710(a)(1) of title 38, United States Code, makes it cost effective to do so shall provide routine health- care services described in subsection (a) directly (rather than by contract or other agreement). The Secretary shall ensure that each such facility is provided appropriate equipment, facilities, and staff to carry out the preceding sentence and to ensure that the quality of care provided under the preceding sentence is in accordance with professional standards. (c) Conforming Repeal.--Section 302 of the Veterans' Health Care Amendments of 1983 (Public Law 98-160; 97 Stat. 1004; 38 U.S.C. 1701 note) is repealed. SEC. 3. MAMMOGRAPHY QUALITY STANDARDS. (a) Performance of Mammograms.--Mammograms may not be performed at a Department of Veterans' Affairs facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. The organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under section 354(c) of the Public Health Service Act (42 U.S.C. 263b(e)). (b) Quality Standards.--During the 120-day period beginning on the date on which the Secretary of Health and Human Services prescribes quality standards under section 354(f) of the Public Health Service Act (42 U.S.C. 263b(f)), the Secretary of Veterans Affairs, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) (42 U.S.C. 263b(f)(1)) of the Public Health Service Act. (c) Inspection of Department Equipment.--The Secretary of Veterans Affairs, to ensure compliance with the standards prescribed under subsection (b), shall provide for periodic inspection of the equipment and facilities used by and in Department of Veterans Affairs health care facilities for the performance of mammograms. (d) Application of Standards to Contract Providers.--The Secretary of Veterans Affairs shall ensure that mammograms performed for the Department of Veterans Affairs under contract with any non-Federal facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act. (e) Report.--(1) The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's implementation of this section. (2) The report shall be submitted not later than 120 days after the date on which the Secretary prescribes the standards required under subsection (b). (f) Definition.--For the purposes of this section, the term ``mammogram'' shall have the meaning given such term in section 354(a)(5) of the Public Health Service Act (42 U.S.C. 263b(a)). SEC. 4. SEXUAL TRAUMA COUNSELING. (a) Section 1720D(a) of title 38, United States Code, is amended-- (1) by striking out ``December 31, 1995'' in paragraph (1) and inserting in lieu thereof ``December 31, 1996''; (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2) and striking out ``December 31, 1994'' in that paragraph and inserting in lieu thereof ``December 31, 1995''. (b) Section 102(b) of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed. SEC. 5. COORDINATORS OF WOMEN'S SERVICES. (a) Full-Time Status.--Section 108 of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4948; 38 U.S.C. 1710 note) is amended-- (1) by inserting ``(a)'' before ``The Secretary''; and (2) by adding at the end the following: ``(b) Each official who serves in the position of coordinator of women's services under subsection (a) shall serve in such position on a full-time basis.''. (b) Empowerment.--The Secretary of Veterans Affairs shall take appropriate actions to ensure that the coordinator of women's services at each facility of the Veterans Health Administration is able to carry out the responsibilities of a coordinator in ensuring that women veterans receive quality medical care and, to the extent practicable, have equal access to Veterans Administration facilities. SEC. 6. PATIENT PRIVACY. (a) Identification of Deficiencies.--The Secretary of Veterans Affairs shall conduct a survey of each medical center under the jurisdiction of the Secretary to identify deficiencies relating to patient privacy afforded to women patients in the clinical areas at each such center which may interfere with appropriate treatment of such patients. (b) Correction of Deficiencies.--The Secretary shall ensure that plans to correct the deficiencies identified in the survey conducted under subsection (a) are developed and are incorporated into the Department's construction planning processes and given a high priority. (c) Reports to Congress.--The Secretary shall compile an annual inventory, by medical center, of deficiencies identified under subsection (a) and of plans to correct such deficiencies. The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives, not later than October 1, 1994, and not later than October 1 each year thereafter through 1996 a report on such deficiencies. The Secretary shall include in such report the inventory compiled by the Secretary, the proposed corrective plans, and the status of such plans.

Women Veterans Health Improvements Act of 1993 - Directs the Secretary of Veterans Affairs to ensure that each health care facility under the jurisdiction of the Department of Veterans Affairs is able to provide in a timely and appropriate manner all authorized health care services to women veterans. Requires the provision of direct Department care (rather than by contract or other agreement) for women veterans in an area in which the number of such veterans makes it cost effective to do so. Prohibits mammograms from being performed at a Department facility unless such facility is accredited for such purpose by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe mammogram quality assurance and control standards and to perform periodic inspection of Department mammogram equipment and facilities. Requires the Secretary to ensure that such standards are equally applied to non-Federal facility or contractual providers of such services. Extends through 1996 the authority for the provision of counseling to women veterans for sexual trauma. Amends the Veterans Health Care Act of 1992 to require each coordinator of women's services to serve in such position on a full-time basis. Requires the Secretary to ensure that such coordinators are fully able to carry out their responsibilities and provide women veterans with equal access to Department facilities. Directs the Secretary to: (1) conduct a survey to identify deficiencies relating to women patient privacy in Department medical centers; (2) correct any such deficiencies; and (3) report to the Congress.

Women Veterans Health Improvements Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Freedom from Restraint Act of 1999''. SEC. 2. LIMITATION ON USE OF PHYSICAL AND CHEMICAL RESTRAINTS AND SECLUSION IN CERTAIN MEDICARE OR MEDICAID FUNDED TREATMENT FACILITIES. (a) In General.--Part B of title XI of the Social Security Act is amended by adding at the end the following new section: ``limitation on use of restraints and seclusion in certain medicare and medicaid funded treatment facilities ``Sec. 1164. (a) Freedom From Restraints and Seclusion.--As a condition of participation or receipt of funds under the medicare program under title XVIII or under a State medicaid program under title XIX, a covered facility (as defined in subsection (b)) shall-- ``(1) protect and promote the right of each resident or patient to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints (as defined in subsection (g)) imposed for purposes of discipline or convenience; ``(2) meet the requirements of subsection (d) (relating to recording and reporting on the use of restraints and seclusion and sentinel events); ``(3) provide for annual training of all staff with direct resident or patient care responsibility on the proper use of restraints and seclusion, their alternatives, and techniques and methods to identify and defuse potential emergency situations; and ``(4)(A) make available to each resident or patient, and to the guardian of each such resident or patient, a statement of their rights to freedom from restraints and seclusion as required by this section and information on the purpose of the appropriate protection and advocacy agencies (as defined in subsection (g)(4)) and their addresses and telephone numbers; and ``(B) clearly and conspicuously post such information in the facility. ``(b) Covered Facility Defined.--For purposes of this section, the term `covered facility` means any of the following: ``(1) A facility that provides inpatient or residential psychiatric treatment or treatment of mental illness (including a psychiatric hospital, as defined in section 1861(f), and an institution for mental diseases, as defined in section 1905(i)). ``(2) An intermediate care facility for the mentally retarded (as defined in section 1905(d)). ``(3) A facility that provides residential treatment for children. ``(c) Requirements Relating to Restraints and Seclusion.-- ``(1) General limitations.-- ``(A) In general.--A covered facility may only impose restraints and seclusion-- ``(i) to ensure the immediate physical safety of the resident or patient or others; and ``(ii) only upon the written order of a physician that specifies the duration (not to exceed 2 consecutive hours) and circumstances under which the restraints and seclusion are to be used. ``(B) Emergency exception.--Subparagraph (A)(ii) shall not apply in emergency circumstances specified by the Secretary during the period before a written order can reasonably be obtained. ``(2) Prohibition of use of standing orders.--Written orders for such restraints or seclusion shall never be written as a standing order. ``(3) Use as last resort.--A covered facility may only use restraints and seclusion as an emergency safety measure and as a last resort and only after other less restrictive approaches have failed. ``(4) Least restrictive manner.--A covered facility shall use restraints and seclusion only in the least restrictive manner possible, to protect the resident or patient or others from harm, and must remove or end restraints and seclusion at the earliest possible time. ``(5) No simultaneous use.--A covered facility may not use restraints and seclusion simultaneously. ``(d) Recording and Reporting Requirements.--In accordance with the protocol established under subsection (e)(1)-- ``(1) Recording uses of restraint and seclusion in patient records.-- ``(A) In general.--Each covered facility shall record and maintain, as part of a resident's or patient's medical record, the following information on each incident in which restraints or seclusion are used with respect to a resident or patient of the facility: ``(i) The uses of restraint and seclusion, including the type of restraint or seclusion used and the time and duration of its use. ``(ii) The rationale for restraint or seclusion and types of less restrictive alternatives that were tried or considered. ``(iii) Evidence of treatment planning to reduce the probability of future incidents that would lead to use of restraint or seclusion. ``(B) Availability to p&a agencies.--Each covered facility shall make available the information recorded under subparagraph (A) for inspection by staff of the appropriate protection and advocacy agencies. ``(2) Submission of periodic reports on overall use of restraints and seclusion.--Each covered facility shall submit to the Secretary and to the appropriate protection and advocacy agencies a report that specifies the number of times restraints or seclusion were used during the reporting period. Such report shall be submitted on a periodic basis specified by the Secretary, but in no case less often than annually. ``(3) Submission of reports on all sentinel events.-- ``(A) In general.--Each covered facility shall submit to the appropriate protection and advocacy agency a report on-- ``(i) each sentinel event (as defined in subsection (g)(6)) that occurs respecting a resident or patient, including only the name of the resident or patient and a general description of the event; and ``(ii) if information is available to the facility, information on the death of any individual who died within 14 days after the date of discharge from the facility. ``(B) Deadline for submission.--Each report under subparagraph (A)(i) shall be submitted within 7 days of the date of the incident involved and each report under subparagraph (A)(ii) shall be submitted within 7 days of receipt of information concerning the death of the former resident or patient. ``(C) Annual report.--Each covered facility shall submit on an annual basis to the Secretary an annual report on sentinel events for which reports were made during the previous year under subparagraph (A). ``(e) Implementation.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a protocol for the recording and reporting of information under subsection (d). To the extent feasible, the Secretary shall establish the protocol in a manner that is consistent with medical records recording systems and that is coordinated with other applicable health care information reporting systems. The Secretary shall consult with appropriate protection and advocacy agencies in establishing and implementing the protocol. ``(2) Publication of summary.--The Secretary shall compile and publish on an annual basis a comprehensive summary of the reports received under subsection (d)(3). ``(3) Establishment of guidelines for peer review organizations.--The Secretary shall establish guidelines for the use of utilization and quality control peer review organizations (as defined in section 1152(a)) in reviewing policies and procedures of covered facilities regarding the use of restraints and seclusion consistent with this section. ``(f) Sanctions.-- ``(1) Loss of medicare and medicaid funding.--A covered facility that fails to comply with the requirements of subsection (a) (including failure to provide for annual training of staff in accordance with subsection (a)(3)) is subject to disqualification from participation in the medicare program under title XVIII and the medicaid program under title XIX for such period at the Secretary may specify. ``(2) Civil money penalty for failure to file sentinel reports.--A covered facility that fails to file a report required to be made under subsection (b)(3) within the period so required is subject to a civil money penalty not to exceed $5,000 for each such violation. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under this subsection in the same manner as they apply to a penalty or proceeding under section 1128A(a). ``(g) Definitions.--For purposes of this section: ``(1) Restraints.--The term `restraints' means any chemical or physical restraint (as defined in paragraphs (2) and (3)). ``(2) Chemical restraint.--The term `chemical restraint' means the use of any medication or biological for the purpose of immobilizing the individual, inducing a state of sleep or unconsciousness, or reducing the ability to move freely. Such term does not include involuntary administration of medication when administered pursuant to a court order or the administration of medication for voluntary or emergency treatment (such as anesthesia administered before a surgical procedure). ``(3) Physical restraint.--The term `physical restraint' means any mechanical or personal restriction that immobilizes or reduces an individual's ability to move arms, legs, or head freely. Such term does not include devices, such as orthopedically prescribed appliances, surgical dressings and bandages, protective helmets and supportive body bands, and other physical holding when necessary for routine physical examinations or tests or for orthopedic surgical or other similar medical treatment purposes or when used to provide support for the achievement of functional body position or proper balance or to permit an individual to participate in ongoing activities with the risk of physical harm. ``(4) Protection and advocacy agency.--The term `protection and advocacy agency' means an appropriate board under the protection and advocacy system established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.). ``(5) Seclusion.--The term `seclusion' means the involuntary confinement of a resident or patient in a room from which the resident or patient is physically prevented from leaving. ``(6) Sentinel event.--The term `sentinel event' means an unexpected occurrence involving a substantial impairment of the physical or psychological condition of a resident or patient, including any burn, laceration, or abrasion of the skin, fracture of any bone, substantial hematoma, injury to any internal organ, or any injury that occurs as a result of repeated harm to any bodily function or organ (including the skin), if the occurrence is unrelated to the natural course of the individual's illness or underlying condition, and includes the death of the individual in any case.''. (b) Effective Dates.-- (1) Protection against use of punitive restraints and seclusion.--The requirements of subsections (a)(1) and (c) of section 1164 of the Social Security Act, as added by subsection (a), apply to restraints and seclusion used on or after the first date of the first month that begins more than 6 months after the date of the enactment of this Act. (2) Reporting requirements.-- (A) Deadline for establishing protocol.--The Secretary of Health and Human Services shall first establish the protocol described in section 1164(e)(1) of the Social Security Act, as added by subsection (a), within 1 year after the date of the enactment of this Act. (B) Reports.--Covered facilities are first required to record information and submit reports under section 1164(c) of the Social Security Act, as so added, for restraints and seclusion used on and after a date (specified by the Secretary of Health and Human Services ) that is not later than 2 months after the date of the establishment of the protocol under section 1164(e)(1) of such Act. (3) Annual training.--The requirement of section 1164(a)(3) of the Social Security Act, as so added, applies for annual periods beginning after the effective date described in paragraph (1). (4) Posting information.--The requirement of section 1164(a)(4) of the Social Security Act, as so added, takes effect on such date, not later than the effective date described in paragraph (1), as the Secretary of Health and Human Services shall specify.

Patient Freedom from Restraint Act of 1999 - Amends part D (Peer Review) of title XI of the Social Security Act (SSA) to specify Medicare and Medicaid (SSA titles XVIII and XIX) program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a covered facility to report sentinel events (when a program beneficiary under psychiatric or other specified care dies unexpectedly or suffers injury unrelated to his or her illness or underlying condition) to the appropriate protection and advocacy agency. Allows the imposition of restraints only: (1) to ensure physical safety of the individual or others in the provider's care; and (2) upon the written order of a physician specifying the duration (but no more than two hours) and circumstances under which restraints and seclusion are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Prohibits their simultaneous use. Requires the covered facility to provide for annual staff training on the proper use of restraints and seclusion, to make available to each resident or patient (or guardian) a statement of their rights with regard to such mechanisms along with identifying information on the appropriate protection and advocacy agencies, such information to be posted in the facility where the patients or residents can see and read it. Imposes certain recordkeeping and other reporting requirements with regard to uses of restraints and seclusion, including making available applicable medical record information to the appropriate protection and advocacy agencies for inspection and periodic reporting to the Secretary on the overall use of restraints and seclusion. Requires the Secretary to compile and publish annually a comprehensive summary of the reports on sentinel events. Mandates sanctions for failure to report, which includes a civil money penalty for failure to file sentinel reports, and other specified violations, including those involving staff training.

Patient Freedom from Restraint Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Businesses Educating Students in Technology (BEST) Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Technological progress is the single most important determining factor in sustaining growth in the Nation's economy. It is estimated that technological innovation has accounted for as much as half the Nation's long-term economic growth over the past 50 years and will account for an even higher percentage in the next 50 years. (2) The number of jobs requiring technological expertise is growing rapidly. For example, it is estimated that 1,300,000 new computer engineers, programmers, and systems analysts will be needed over the next decade in the United States economy. Yet, our Nation's computer science programs are only graduating 25,000 students with bachelor's degrees yearly. (3) There are more than 350,000 information technology positions currently unfilled throughout the United States, and the number of students graduating from colleges with computer science degrees has declined dramatically. (4) In order to help alleviate the shortage of graduates with technology-based education and skills, businesses in a number of States have formed partnerships with colleges, universities, community-technical schools, and other institutions of higher learning to give lectures, donate equipment, plan curricula, and perform other activities designed to help students acquire the skills and knowledge needed to fill jobs in technology-based industries. (5) Congress should encourage these partnerships by providing a tax credit to businesses that enter into them. Such a tax credit will help students obtain the knowledge and skills they need to obtain jobs in technology-based industries which are among the best paying jobs being created in the economy. The credit will also assist businesses in their efforts to develop a more highly-skilled, better trained workforce that can fill the technology jobs such businesses are creating. SEC. 3. ALLOWANCE OF CREDIT FOR BUSINESS-PROVIDED STUDENT EDUCATION AND TRAINING. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45D. BUSINESS-PROVIDED STUDENT EDUCATION AND TRAINING. ``(a) Allowance of Credit.--For purposes of section 38, the business-provided student education and training credit determined under this section for the taxable year is an amount equal to 40 percent of the qualified student education and training expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $100,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified student education and training expenditure.-- ``(A) In general.--The term `qualified student education and training expenditure' means-- ``(i) any amount paid or incurred by the taxpayer for the qualified student education and training services provided by any employee of the taxpayer, and ``(ii) the basis of the taxpayer in any tangible personal property contributed by the taxpayer and used in connection with the provision of such services. ``(B) Exclusion for amounts funded by grants, etc.--The term `qualified student education and training expenditure' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(2) Qualified student education and training services.-- ``(A) In general.--The term `qualified student education and training services' means technology-based education and training of students in any eligible educational institution in employment skills related to the trade or business of the taxpayer. ``(B) Eligible educational institution.--The term `eligible educational institution' has the meaning given such term by section 529(e)(5). ``(d) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(e) No Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any expenditure taken into account in computing the amount of the credit determined under this section.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking out ``plus'' at the end of paragraph (11), (B) by striking out the period at the end of paragraph (12), and inserting a comma and ``plus'', and (C) by adding at the end the following: ``(13) the business-provided student education and training credit determined under section 45D.'' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45D. Business-provided student education and training credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Businesses Educating Students in Technology (BEST) Act - Amends the Internal Revenue Code to provide a business taxpayer with a credit for technology-based education and training costs on behalf of employee-students in skills related to the taxpayer's business. Limits such credit to $100,000 annually based upon 40 percent of allowable expenditures.

Businesses Educating Students in Technology (BEST) Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Integrity in Offshore Energy Resources Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--EMPLOYEES OF SERVICE Sec. 101. Employee ethical standards. TITLE II--PROGRAMS OF SERVICE Sec. 201. Suspension of royalty-in-kind program. Sec. 202. Audits. Sec. 203. Annual reports. Sec. 204. Prohibition on use of royalty-in-kind revenues for administrative costs. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of the Interior. (2) Mineral.--The term ``mineral'' has the meaning given the term ``minerals'' in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (3) Mineral mining.-- (A) In general.--The term ``mineral mining'' means-- (i) any activity carried out on Federal land on or off a claim (with or without a discovery) for mineral leasing, preleasing, any related activity, prospecting, exploration, development, mining, extraction, milling, beneficiation, processing, or storage of mined or processed materials with respect to any mineral that is under the jurisdiction of the Service and uses reasonably incident to the activity; and (ii) any reclamation activity for any mineral and uses reasonably incident to the activity. (B) Inclusions.--The term ``mineral activity'' includes the construction and use of roads, transmission lines, pipelines, utility corridors, and other means of access across Federal land for an ancillary facility. (4) Royalty-in-kind program.--The term ``royalty-in-kind program'' means the program established under-- (A) section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902); (B) section 36 of the Mineral Leasing Act (30 U.S.C. 192); (C) section 27 of the Outer Continental Shelf Lands Act (43 U.S.C. 1353); or (D) any other similar provision of law. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Service.--The term ``Service'' means the Minerals Management Service. TITLE I--EMPLOYEES OF SERVICE SEC. 101. EMPLOYEE ETHICAL STANDARDS. (a) Gifts.-- (1) Prohibition.-- (A) In general.--An employee of the Service may not knowingly accept a gift from an entity that is engaged in the business of mineral mining. (B) Exceptions.--Except for the value exception, the regulations providing exceptions to the gift rules for Federal employees for gifts from outside sources (5 C.F.R. Part 2635) shall apply to subparagraph (A). (2) Violation.--Whoever violates paragraph (1) shall be guilty of a felony and fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. (b) Financial Disclosure.--The filing requirements of section 101(f) of the Ethics in Government Act of 1978 shall apply to an employee of the Service in a position classified at an annual income equivalent to GS-13 or higher. (c) Divestiture Requirement.--An employee of the Service may not own stock or any other interest in an entity that is engaged in the business of mineral mining during the period of employment of that employee by the Service. (d) Outside Employment.--An employee of the Service may not be employed by any entity that is engaged in the business of mineral mining during the period of employment of that employee by the Service. (e) Revolving Door.-- (1) Any work for the industry.--An employee of the Service shall not work for an entity engaged in the business of mineral mining during the 1 year period after the termination of his or her employment with the Service. (2) Violation.--Whoever violates paragraph (1) shall be guilty of a felony and punished as provided in section 216 of title 18, United States Code. TITLE II--PROGRAMS OF SERVICE SEC. 201. SUSPENSION OF ROYALTY-IN-KIND PROGRAM. (a) In General.--Notwithstanding any other provision of law, the authority of the Secretary to carry out each royalty-in-kind program is suspended during the period-- (1) beginning on the date of enactment of this Act; and (2) ending on the date the Secretary certifies to Congress that the Secretary, acting through the Service, has-- (A) conducted a comprehensive review to determine if the Service is accurately collecting royalties and reported the results of the review to Congress; (B) conducted a thorough review to ensure that metering equipment properly measures what royalties are owed to the Federal Government and reported the results of the review to Congress; (C) implemented a robust training program for employees of the Service that culminates in a certification signed by an employee that the employee understands the ethics laws (including regulations); and (D) created an ombudsman position that-- (i) monitors the progress of the Service in carrying out the actions described in this paragraph; and (ii) is appointed by, and reports exclusively to, the Inspector General of the Department. (b) Application.--Subsection (a) applies to a contract entered into on or after the date of enactment of this Act. SEC. 202. AUDITS. (a) Number of Audits.-- (1) In general.--The Secretary shall ensure that by fiscal year 2009 the Service shall perform each fiscal year not less that 550 audits of oil and gas leases entered into by the Secretary for which payment is made under a royalty-in-kind program. (2) Compliance reviews.--For purposes of paragraph (1), a compliance review shall not be considered an audit. (b) Standards.--Not later than 120 days after the date of enactment of this Act, the Secretary shall promulgate regulations that-- (1) require that all employees that conduct audits or compliance reviews of oil and gas leases entered into by the Secretary shall meet professional auditor qualifications that are consistent with the latest revision of the Government Auditing Standards issued by the Comptroller General of the United States; and (2) ensure that all audits conducted by the Department are performed in accordance with the Standards. SEC. 203. ANNUAL REPORTS. Not later than 1 year after the date of enactment of this Act and each year thereafter, the Inspector General of the Department shall submit to Congress a report that evaluates-- (1) the performance of the Secretary in carrying out each royalty-in-kind program; and (2) whether the royalty-in-kind program costs or saves taxpayer dollars as compared to receiving revenues in cash. SEC. 204. PROHIBITION ON USE OF ROYALTY-IN-KIND REVENUES FOR ADMINISTRATIVE COSTS. Section 342(b)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15902(b)(5)) is amended-- (1) by striking ``Limitation.--'' and all that follows through ``subparagraph (B), the'' in subparagraph (A) and inserting ``Limitation.--The''; and (2) by striking subparagraph (B).

Integrity in Offshore Energy Resources Act of 2008 - Prohibits any employee of the Minerals Management Service of the Department of the Interior from: (1) knowingly accepting a gift from an entity engaged in the business of mineral mining or from being employed by such an entity while employed in the Service; and (2) accepting employment from an entity engaged in the business of mineral mining during the one-year period after termination of employment with the Service. Makes violations of such prohibitions a felony. Requires financial disclosure by employees of the Service in positions equivalent to GS-13 or higher. Suspends the authority of the Secretary of the Interior to carry out royalty-in-kind programs (payment of royalties from oil and gas leases in the form of production rather than cash) until the Secretary certifies that a comprehensive review of such programs has been conducted, implements an ethics training program for employees of the Minerals Management Service, and creates an ombudsman position to monitor the progress of the Service in carrying out reforms. Requires the Secretary to perform at least 550 audits in each fiscal year of oil and gas leases for which payment is made under a royalty-in-kind program. Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary to pay salaries and other administrative costs related to a royalty-in kind program from royalty-in-kind sales revenues.

A bill to improve the administration of the Minerals Management Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf States Red Snapper Management Authority Act''. SEC. 2. TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN THE GULF OF MEXICO. (a) In General.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end the following: ``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN THE GULF OF MEXICO ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Coastal waters.--The term `coastal waters' means all waters of the Gulf of Mexico-- ``(A) shoreward of the baseline from which the territorial sea of the United States is measured; and ``(B) seaward from the baseline described in subparagraph (A) to the outer boundary of the exclusive economic zone. ``(2) Gulf coastal state.--The term `Gulf coastal State' means each of the following States: ``(A) Alabama. ``(B) Florida. ``(C) Louisiana. ``(D) Mississippi. ``(E) Texas. ``(3) Gulf of mexico fishery management council.--The term `Gulf of Mexico Fishery Management Council' means the Gulf of Mexico Fishery Management Council established under section 302(a). ``(4) Gulf of mexico red snapper.--The term `Gulf of Mexico red snapper' means members of stocks or populations of the species Lutjanus campechanus, which ordinarily are found within the waters of the exclusive economic zone and adjacent territorial waters of the Gulf of Mexico. ``(5) Gulf states red snapper management authority.--The term `Gulf States Red Snapper Management Authority' and `GSRSMA', means the Gulf States Red Snapper Management Authority established under section 502(a). ``(6) Red snapper fishery management plan.--The term `red snapper fishery management plan' means a plan created by one or more Gulf coastal States to manage Gulf of Mexico red snapper in the coastal waters adjacent to such State or States, respectively. ``(7) Reef fish federal fishery management plan.--The term `Reef Fish Federal fishery management plan' means the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, as amended, prepared by the Gulf of Mexico Fishery Management Council pursuant to title III and implemented under part 622 of title 50, Code of Federal Regulations (or similar successor regulation). ``(8) State territorial waters.--The term `State territorial waters', with respect to a Gulf coastal State, means the waters adjacent to such State seaward to the line three marine leagues seaward from the baseline from which of the territorial sea of the United States is measured. ``SEC. 502. MANAGEMENT OF GULF OF MEXICO RED SNAPPER. ``(a) Gulf States Red Snapper Management Authority.-- ``(1) Requirement to establish.--Not later than 60 days after the date of the enactment of this title, the Secretary shall establish a Gulf States Red Snapper Management Authority that consists of the principal fisheries manager of each of the Gulf coastal States. ``(2) Duties.--The duties of the GSRSMA are as follows: ``(A) To review and approve red snapper fishery management plans, as set out in the Act. ``(B) To provide standards for each Gulf coastal State to use in developing fishery management measures to sustainably manage Gulf of Mexico red snapper in the coastal waters adjacent to such State. ``(C) To the maximum extent practicable, make scientific data, stock assessments and other scientific information upon which fishery management plans are based available to the public for inspection prior to meetings described in paragraph (c)(2). ``(b) Requirement for Plans.-- ``(1) Deadline for submission of plans.--The GSRSMA shall establish a deadline for each Gulf coastal State to submit to the GSRSMA a red snapper fishery management plan for such State. ``(2) Consistency with federal fishery management plans.-- To the extent practicable, the Gulf Coastal States fishery management plans shall be consistent with the requirements in section 303(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1853(a)). ``(c) Review and Approval of Plans.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this title and not more than 60 days after one or more Gulf coastal States submits a red snapper fishery management plan and annually thereafter, the GSRSMA shall review and approve by majority vote the red snapper fishery management plan if such plan meets the requirements of this title. ``(2) Public participation.--Prior to approving a red snapper fishery management plan submitted by one or more Gulf coastal States, the GSRSMA shall provide an adequate opportunity for public participation, including-- ``(A) at least 1 public hearing held in each respective Gulf coastal State; and ``(B) procedures for submitting written comments to GSRSMA on the fishery management plan. ``(3) Plan requirements.--A red snapper fishery management plan submitted by one or more Gulf coastal States shall-- ``(A) contain standards and procedures for the long-term sustainability of Gulf of Mexico red snapper based on the best available science; ``(B) comply with the standards described in subsection (a)(2)(B); and ``(C) determine quotas for the red snapper fishery in the coastal waters adjacent to such Gulf coastal State or States, respectively, based on stock assessments, and-- ``(i) any recommendation by the GSRSMA to reduce quota apportioned to the commercial sector by more than 10 percent shall be reviewed and approved by the Gulf of Mexico Fishery Management Council; ``(ii) during the 3-year period beginning on the date of enactment of this title and consistent with subsection (d), the GSRSMA shall not determine a quota apportioned to the commercial sector; and ``(iii) nothing in this Act shall be construed to change the individual quota shares currently in place in the commercial sector of the Gulf of Mexico red snapper fishery. ``(4) Review and approval.--Not later than 60 days after the date the GSRSMA receives a red snapper fishery management plan from one or more Gulf coastal State or States, the GSRSMA shall review and approve such plan if such plan satisfies the requirements of subsection (b). ``(d) Continued Management by the Secretary.--During the 3-year period beginning on the date of the enactment of this title, the Secretary, in coordination with the Gulf of Mexico Fishery Management Council, shall continue to manage the commercial sector of the Gulf of Mexico red snapper fishery. ``(e) Reporting Requirements.-- ``(1) Reports by gulf coastal states.--Each Gulf coastal State shall submit to the GSRSMA an annual report on the status of the Gulf of Mexico red snapper fishery in coastal waters adjacent to such State. ``(2) Report by the gsrsma.--Not less often than once every 5 years, the GSRSMA shall use the information submitted in the annual reports required by paragraph (1) to prepare and submit to the Secretary a report on the status of the Gulf of Mexico red snapper fishery. ``SEC. 503. STATE IMPLEMENTATION OF THE RED SNAPPER FISHERY MANAGEMENT PLANS. ``(a) Allocation of Management to the Gulf States.-- ``(1) Certification of approved plans.--The GSRSMA shall certify to the Secretary that a red snapper fishery management plan is approved under section 502 for each of the Gulf coastal States. ``(2) Transfer of management.--Upon receipt of the certification described in paragraph (1) and subject to section 502(d), the Secretary shall-- ``(A) publish a notice in the Federal Register revoking the regulations and portions of the Reef Fish Federal fishery management plan that are in conflict with any red snapper fishery management plan approved by the GSRSMA; and ``(B) transfer management of Gulf of Mexico red snapper to the GSRSMA. ``(b) Implementation.-- ``(1) In general.--Upon the transfer of management described in subsection (a)(2)(B) and subject to section 502(d), each Gulf coastal State shall implement and enforce the red snapper fishery management plans approved under section 502 for the Gulf of Mexico red snapper fishery in the coastal waters adjacent to each Gulf coastal State. ``(2) Failure to transfer management.--If the certification described in subsection (a)(1) is not made the transfer of management described in subsection (a)(2)(B) may not be accomplished and the Secretary shall remain responsible for management of the Gulf of Mexico red snapper. ``SEC. 504. OVERSIGHT OF GULF OF MEXICO RED SNAPPER MANAGEMENT. ``(a) Implementation and Enforcement of Fishery Management Plans.-- Not later than December 1 of the year following the transfer of management described in section 503(a)(2), and at any other time the GSRSMA considers appropriate after that date, the GSRSMA shall determine if-- ``(1) each Gulf coastal State has fully adopted and implemented the red snapper fishery management plan approved under section 502 for such State; ``(2) each such plan continues to be in compliance with the standards for sustainability provided by the GSRSMA pursuant to section 502(a)(2); and ``(3) the enforcement of the plan by each Gulf coastal State is satisfactory to maintain the long-term sustainability and abundance of Gulf of Mexico red snapper. ``(b) Overfishing and Rebuilding Plans.-- ``(1) Certification.--If the Gulf of Mexico red snapper in the coastal waters adjacent to a Gulf coastal State is experiencing overfishing or is subject to a rebuilding plan, such Gulf coastal State shall submit a certification to the GSRSMA showing that such State has implemented the necessary measures to end overfishing or rebuild the fishery. ``(2) Notification to secretary.--If, after such time as determined by the GSRSMA, a Gulf coastal State that submitted a certification under paragraph (1) has not implemented the measures and requirements described in such paragraph, the GSRSMA shall vote on whether to notify the Secretary of a recommendation of closure of the red snapper fishery in the waters adjacent to the State territorial waters of the Gulf coastal State. ``(c) Closure of the Gulf of Mexico Red Snapper Fishery.-- ``(1) Conditions for closure.--Not later than 60 days after the receipt of a notice under subsection (b)(2) for a Gulf coastal State, the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the waters adjacent to the State territorial waters of the Gulf coastal State. ``(2) Considerations.--Prior to making a declaration under paragraph (2), the Secretary shall consider the comments of such Gulf coastal State and the GSRSMA. ``(3) Actions prohibited during closure.--During a closure of the Gulf of Mexico red snapper fishery under paragraph (1), it is unlawful for any person-- ``(A) to engage in fishing for Gulf of Mexico red snapper within the waters adjacent to the State territorial waters of the Gulf coastal State covered by the closure; ``(B) to land, or attempt to land, the Gulf of Mexico red snapper in the area of the closure; or ``(C) to fail to return to the water any Gulf of Mexico red snapper caught in the area of the closure that are incidental to commercial harvest or in the recreational fisheries. ``(4) Construction.--Nothing in this subsection shall be construed to allow the Secretary to close the red snapper fishery in the State territorial waters of a Gulf coastal State. ``SEC. 505. PROHIBITION ON FEDERAL FUNDING. ``No Federal funds are authorized to be appropriated to or used for the GSRSMA or its members to carry out management actions of red snapper in the Gulf of Mexico. ``SEC. 506. NO EFFECT ON MANAGEMENT OF SHRIMP FISHERIES IN FEDERAL WATERS. ``(a) Bycatch Reduction Devices.--Nothing in this title may be construed to effect any requirement related to the use of Gulf of Mexico red snapper bycatch reduction devices in the course of shrimp trawl fishing activity. ``(b) Bycatch of Red Snapper.--Nothing in this title shall be construed to apply to or affect in any manner the Federal management of commercial shrimp fisheries in the Gulf of Mexico, including any incidental catch of red snapper.''. (b) Conforming Amendments.-- (1) Data collection.--Section 401(g)(3)(C) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)(3)(C)) is amended by striking ``and'' after the semicolon at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``; and'', and by adding at the end the following: ``(vi) in the case of each fishery in the Gulf of Mexico, taking into consideration all data collection activities related to fishery effort that are undertaken by the marine resources division of each relevant State of the Gulf of Mexico Fishery Management Council.''. (2) Gulf state territorial waters.--Section 306(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(b)) is amended by adding at the end the following: ``(4) Notwithstanding section 3(11) and subsection (a) of this section, for purposes of carrying out activities pursuant to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, the seaward boundary of a coastal State in the Gulf of Mexico is a line three marine leagues seaward from the baseline from which the territorial sea of the United States is measured.''. (c) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end the following: ``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN THE GULF OF MEXICO ``Sec. 501. Definitions. ``Sec. 502. Management of Gulf of Mexico red snapper. ``Sec. 503. State implementation of the red snapper fishery management plans. ``Sec. 504. Oversight of Gulf of Mexico red snapper management. ``Sec. 505. Prohibition on Federal funding. ``Sec. 506. No effect on management of shrimp fisheries in Federal waters.''.

Gulf States Red Snapper Management Authority Act (Sec.2)This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to direct the National Marine Fisheries Service (NMFS)to establish a Gulf States Red Snapper Management Authority (GSRSMA) that consists of the principal fisheries manager of each of the five Gulf of Mexico coastal states: Alabama, Florida, Louisiana, Mississippi, and Texas. The GSRSMA must: establish a deadline for each Gulf coastal state to submit to the GSRSMA a fishery management plan for the long-term sustainability of Gulf of Mexico red snapper, review those plans and approve them if they meet the requirements of this bill, provide standards for each Gulf coastal state to use in developing fishery management measures to sustainably manage the Gulf of Mexico red snapper in the coastal waters adjacent to the state, and provide an opportunity for public participation before approving a plan. For three years, the NMFS must continue to manage the commercial sector of the Gulf of Mexico red snapper fishery in coordination with the Gulf of Mexico Fishery Management Council. The bill establishes a plan certification process. After the three-year period and once a plan is certified, the NMFS must transfer management of the Gulf of Mexico red snapper to the GSRSMA. Each Gulf coastal state must then implement and enforce approved plans for the fishery in the coastal waters adjacent to it. If the Gulf of Mexico red snapper in the coastal waters adjacent to a Gulf coastal state is experiencing overfishing or is subject to a rebuilding plan, the state must certify to the GSRSMA that it has implemented the necessary measures to end overfishing or rebuild the fishery and has implemented a harvest monitoring program. A process is established for closing a red snapper fishery within the waters adjacent to the state territorial waters of the Gulf coastal state if those measures have not been implemented.

Gulf States Red Snapper Management Authority Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Responsibility in Food Consumption Act''. SEC. 2. PURPOSE. The purpose of this Act is to allow Congress, State legislatures, and regulatory agencies to determine appropriate laws, rules, and regulations to address the problems of weight gain, obesity, and health conditions associated with weight gain or obesity. SEC. 3. PRESERVATION OF SEPARATION OF POWERS. (a) In General.--A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought or is currently pending. (c) Discovery.-- (1) Stay.--In any action of the type described in clause (i) or (ii) of section 4(5)(B), all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. (2) Responsibility of parties.--During the pendency of any stay of discovery under paragraph (1), unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations (including electronically recorded or stored data), and tangible objects that are in the custody or control of such person and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under applicable Federal or State rules of civil procedure, as the case may be. A party aggrieved by the willful failure of an opposing party to comply with this paragraph may apply to the court for an order awarding appropriate sanctions. (d) Pleadings.--In any action of the type described in section 4(5)(B)(i), the complaint initiating such action shall state with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed. SEC. 4. DEFINITIONS. In this Act: (1) Engaged in the business.--The term ``engaged in the business'' means a person who manufactures, markets, distributes, advertises, or sells a qualified product in the person's regular course of trade or business. (2) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product, a person who is lawfully engaged in the business of manufacturing the product in interstate or foreign commerce. (3) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (4) Qualified product.--The term ``qualified product'' means a food (as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f))). (5) Qualified civil liability action.--(A) Subject to subparagraphs (B) and (C), the term ``qualified civil liability action'' means a civil action brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, penalties, declaratory judgment, injunctive or declaratory relief, restitution, or other relief arising out of, related to, or resulting in injury or potential injury resulting from a person's consumption of a qualified product and weight gain, obesity, or any health condition that is associated with a person's weight gain or obesity, including an action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based, and any derivative action brought by or on behalf of any person or any representative, spouse, parent, child, or other relative of any person. (B) Such term shall not include-- (i) an action in which a manufacturer or seller of a qualified product knowingly and willfully violated a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the product, and the violation was a proximate cause of injury related to a person's weight gain, obesity, or any health condition associated with a person's weight gain or obesity; or (ii) an action for breach of express contract or express warranty in connection with the purchase of a qualified product. (C) Such term shall not be construed to include an action brought under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (6) Seller.--The term ``seller'' means, with respect to a qualified product, a person lawfully engaged in the business of marketing, distributing, advertising, or selling a qualified product in interstate or foreign commerce. (7) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (8) Trade association.--The term ``trade association'' means any association or business organization (whether or not incorporated under Federal or State law) that is not operated for profit, and 2 or more members of which are manufacturers, mar- keters, distributors, advertisers, or sellers of a qualified product. Passed the House of Representatives March 10, 2004. Attest: JEFF TRANDAHL, Clerk.

Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires: (1) a stay of discovery during the pendency of a motion to dismiss an action described in clause 1 or 2 above, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action described in clause 1 above to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.

To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligence Gathering Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to require the Secretary of Homeland Security, for the first 5 years after the date of enactment of the National Homeland Security and Combating Terrorism Act of 2002, to submit a semi-annual report to Congress on-- (A) the specific policies and procedures governing the sharing of law enforcement, intelligence, and other information relating to threats of terrorism against the United States and other threats to homeland security within the Federal government, including the Federal Bureau of Investigation, and between the Federal Government, State and local governments, local law enforcement, and intelligence agencies; (B) the specific policies and procedures for the tasking of information between the Department of Homeland Security and other agencies of the Federal Government, including the Federal Bureau of Investigation, and between the Federal Government, State and local governments, local law enforcement, and intelligence agencies; and (C) the nature of law enforcement information the Department of Homeland Security has received from the Federal Bureau of Investigation and State and local law enforcement agencies; (2) to provide relevant information to Congress to assist in determining if the sharing of intelligence between the Department of Homeland Security and the Federal Bureau of Investigation is working efficiently and effectively; and (3) to enable Congress to accurately determine if the Department of Homeland Security is working effectively with the Federal, State, and local law enforcement agencies so that an accurate and useful exchange of information occurs between the Department of Homeland Security and such agencies. SEC. 3. INFORMATION ANALYSIS REPORT. (a) In General.--The Department of Homeland Security (in this section referred to as the ``Department'') shall study the issues under subsection (b) and submit a report of such study to Congress not less than every 6 months during the 5 years following the enactment of the National Homeland Security and Combating Terrorism Act of 2002, without disclosing the actual substance of any information relating to national security. (b) Issues To Be Studied.--The report under subsection (a) shall include-- (1) the policies and procedures developed by the Department-- (A) to obtain relevant information from the Federal Government (including the Federal Bureau of Investigation) and State and local law enforcement agencies; (B) to request follow-up information and investigation from such entities; and (C) for sharing information with other Federal, State, and local government agencies; (2) the specific rules and practices developed between the Department and other Federal, State, and local government agencies; (3) the nature and type of information-- (A) shared with Federal, State, and local government agencies; and (B) related to law enforcement, intelligence, and homeland security that was received by the Department during the relevant reporting period, including reports, documents, summaries, tapes, and photographs; (4) a list of the agencies that have received information under paragraph (3)(A), including whether the information was provided by the Department upon the request of such agency; (5) a summary of the items received by the Department from the Federal Bureau of Investigation, including-- (A) individual witness grand jury transcripts; (B) notes of witness interviews (C) wire-tap applications; (D) wire-tap transcripts (including actual tapes); (E) search warrant applications; (F) search warrants; (G) photographs; (H) videos; (I) computer disks; (J) summary reports; and (K) any other relevant items; (6) the nature of the follow-up requests made by the Department-- (A) for information and intelligence from the Federal Bureau of Investigation; (B) for raw intelligence data from the Federal Bureau of Investigation; and (C) that required additional investigation by the Federal Bureau of Investigation; (7) the nature of each follow-up request made by the Department to the Federal Bureau of Investigation, including whether the request related to a witness interview, subpoena information, surveillance, or undercover work; (8) the efforts that have been made by the Department and the Federal Bureau of Investigation to improve interdepartmental communication, including the development of computer programs to facilitate electronic communication between the Department and the Federal Bureau of Investigation; (9) the general nature of investigations conducted by analysts of the Department and any similar analyses performed by the Federal Bureau of Investigation; and (10) the identification of the method of transmission of all information provided to the Department, whether transmitted by mail, computer, or messenger.

Intelligence Gathering Act of 2002 - Requires the Department of Homeland Security to study and report to Congress on the following issues semi-annually for five years following enactment of the National Homeland Security and Combating Terrorism Act of 2002: (1) Department policies and procedures for obtaining and sharing relevant information from the Federal Government and State and local law enforcement agencies; (2) rules and practices developed between the Department and other Federal, State, and local government agencies; (3) the nature and type of information shared and related to law enforcement, intelligence, and homeland security; (4) agencies that have received such information; (5) a summary of specified items, such as wire-tap transcripts and search warrants, received from the Federal Bureau of Investigation (FBI); (6) the nature of information follow-up requests made by the Department; (7) the nature of follow-up requests made to the FBI; (8) efforts made by the Department and the FBI to improve interdepartmental communication; (9) the general nature of investigations conducted by Department analysts and similar analyses performed by the FBI; and (10) the method of transmission (mail, computer, or messenger) of all information provided to the Department.

A bill to require the Secretary of Homeland Security to submit a semi-annual report to Congress regarding the effectiveness with which information is exchanged between the Department of Homeland Security, the Federal Bureau of Investigation, and State and local law enforcement authorities.

SECTION 1. SHORT TITLE. This title may be cited as the ``Maritime Law Enforcement Improvement Act of 2007''. SEC. 2. MARITIME LAW ENFORCEMENT. (a) In General.--Subtitle VII of title 46, United States Code, is amended by adding at the end the following: ``CHAPTER 707--MARITIME LAW ENFORCEMENT ``Sec. ``70701. Offense. ``70702. Attempt or conspiracy. ``70703. Affirmative defenses. ``70704. Penalties. ``70705. Criminal forfeiture. ``70706. Civil forfeiture. ``70707. Extension beyond territorial jurisdiction. ``70708. Claim of failure to comply with international law; jurisdiction of court. ``70709. Federal activities. ``70710. Definitions. ``Sec. 70701. Offense ``It shall be unlawful for any person on board a covered vessel to transport or facilitate the transportation, harboring, or concealment of an alien on board such vessel knowing or having reason to believe that the alien is attempting to unlawfully enter the United States. ``Sec. 70702. Attempt or conspiracy ``Any person on board a covered vessel who attempts or conspires to commit a violation of section 70701 shall be subject to the same penalties as those prescribed for the violation, the commission of which was the object of the attempt or conspiracy. ``Sec. 70703. Affirmative defenses ``It is an affirmative defense to a prosecution under this section, which the defendant must prove by a preponderance of the evidence, that-- ``(1)(A) the alien was on board pursuant to a rescue at sea, or was a stowaway; or ``(B) the entry into the United States was a necessary response to an imminent threat of death or serious bodily injury to the alien; ``(2) the defendant, as soon as reasonably practicable, informed the Coast Guard of the presence of the alien on the vessel and the circumstances of the rescue; and ``(3) the defendant complied with all orders given by law enforcement officials of the United States. ``Sec. 70704. Penalties ``Any person who commits a violation of this chapter shall be imprisoned for not less than 3 nor more than 20 years or fined not more than $100,000, or both; except that-- ``(1) in any case in which the violation causes serious bodily injury to any person, regardless of where the injury occurs, the person shall be imprisoned for not less than 7 nor more than 30 years or fined not more than $500,000, or both; and ``(2) in any case in which the violation causes or results in the death of any person regardless of where the death occurs, the person shall be imprisoned for not less than 10 years nor more than life or fined not more than $1,000,000, or both. ``Sec. 70705. Criminal forfeiture ``The court, at the time of sentencing a person convicted of an offense under this chapter, shall order forfeited to the United States any vessel used in the offense in the same manner and to the same extent as if it were a vessel used in an offense under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). ``Sec. 70706. Civil forfeiture ``A vessel that has been used in the commission of a violation of this chapter shall be seized and subject to forfeiture in the same manner and to the same extent as if it were used in the commission of a violation of section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)). ``Sec. 70707. Extension beyond territorial jurisdiction ``Sections 70701 and 70702 apply even though the act is committed outside the territorial jurisdiction of the United States. ``Sec. 70708. Claim of failure to comply with international law; jurisdiction of court ``A claim of failure to comply with international law in the enforcement of this chapter may be invoked as a basis for a defense solely by a foreign nation. A failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense to any proceeding under this chapter. ``Sec. 70709. Federal activities ``Nothing in this chapter applies to otherwise lawful activities carried out by or at the direction of the United States Government. ``Sec. 70710. Definitions ``In this chapter, the following definitions apply: ``(1) Alien.--The term `alien' has the meaning given that term in section 70105(f). ``(2) Covered vessel.--The term `covered vessel' means a vessel of the United States, or a vessel subject to the jurisdiction of the United States, that is less than 300 gross tons (or an alternate tonnage prescribed by the Secretary under section 14104 of this title) as measured under section 14502 of this title. ``(3) Serious bodily injury.--The term `serious bodily injury' has the meaning given that term in section 1365 of title 18, United States Code. ``(4) United states.--The term `United States' has the meaning given that term is section 114. ``(5) Vessel of the united states.--The term `vessel of the United States' has the meaning given that term in section 70502. ``(6) Vessel subject to the jurisdiction of the united states.--The term `vessel subject to the jurisdiction of the United States' has the meaning given that term in section 70502.''. (b) Clerical Amendment.--The analysis for such subtitle is amended by inserting after the item relating to chapter 705 the following: ``707. Maritime Law Enforcement............................. 70701.''.

Maritime Law Enforcement Improvement Act of 2007 - Makes it unlawful for a person to transport, harbor, or conceal an alien on board a vessel if such person knows or has reason to believe that such alien is attempting to unlawfully enter the United States on the vessel. Sets forth both criminal and civil penalties for violations of this Act, including the seizure and forfeiture of the vessel.

To amend title 46, United States Code, to improve maritime law enforcement.

SECTION 1. SMALL QUANTITIES PROTOCOL. (a) Findings.--Congress finds the following: (1) There are 87 countries that are signatories to the Small Quantities Protocol as part of their existing safeguards and inspection agreement with the International Atomic Energy Agency (IAEA). (2) The Small Quantities Protocol was originally intended to conserve limited safeguards resources by foregoing inspections in small countries in stable regions that had little or no nuclear materials and no nuclear facilities. (3) Unfortunately, at a time when terrorism and private nuclear ``black-market'' supplier networks exist and flourish by taking advantage of small countries with lax government regulations and oversight, the Small Quantities Protocol may become a hindrance to the timely detection by the IAEA of illicit nuclear proliferation activities. (4) It has also become clear that some countries, such as Saudi Arabia, are not in secure and stable regions of the world and concerns have been raised about their possible interest in nuclear technology. (5) Saudi Arabia, a signatory to a Small Quantities Protocol as of June 16, 2005, is one of 27 non-nuclear members of the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the ``Nuclear Nonproliferation Treaty'' or the ``NPT'') but is only ``willing to provide'' the IAEA with additional information and access ``if all other parties'' are required to comply. (6) The Small Quantities Protocol allows countries to possess up to the following amounts of nuclear material without having to report such to the IAEA: (A) Ten tons of natural uranium. (B) Twenty tons of depleted uranium, depending on the degree of enrichment. (C) One kilogram of plutonium. (7) Countries party to the Small Quantities Protocol can continue to secretly work on nuclear facilities for up to six months before such facilities are operational. (8) The Small Quantities Protocol therefore makes it difficult for the IAEA to evaluate the nuclear program of a Small Quantities Protocol country or to verify that such a country meets the conditions required to operate under the Small Quantities Protocol. (9) According to an IAEA report circulated to the Member States on the Board of Governors of the IAEA, the Small Quantities Protocol ``has the effect of holding in abeyance the implementation of most of the safeguard's measures'' as well as limiting ``obligations to provide certain information'' and the ``right to request access to relevant locations''. (10) The Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA empowers the IAEA to seek a broad range of information about all aspects of a country's nuclear and nuclear-related activities. The Additional Protocol also provides broader right of access for IAEA inspectors to nuclear and nuclear-related facilities and contains measures to improve the effectiveness of safeguards for such activities. (11) The Additional Protocol is therefore an important means of addressing some of the concerns outlined above, particularly concerning rights of access to certain information. (b) Statement of Congress.--Congress declares that, in light of the findings described in subsection (a), the United States should use all diplomatic, political, and economic means necessary to persuade all countries currently with a Small Quantities Protocol to renounce their Small Quantities Protocol and to sign, ratify, and implement the Additional Protocol at the earliest possible date. (c) United States Policy.-- (1) Requirements.-- (A) In general.--The President shall use all available political, economic, and diplomatic tools to ensure that each United States ally or recipient of United States assistance that has signed a Small Quantities Protocol with the IAEA, also signs, ratifies, and implements the Additional Protocol and provides immediate access for IAEA inspectors to its nuclear-related facilities. (B) Definition.--In this paragraph, the term ``United States assistance'' means assistance under any provision of law with respect to which amounts are appropriated under the foreign operations, export financing, and related programs appropriations Act for a fiscal year. (2) Limitation on assistance.--If a country has signed a Small Quantities Protocol with the IAEA but does not satisfy the requirements specified in paragraph (1), the President shall prohibit the provision or transfer of each of the following to the country: (A) Assistance under part II of the Foreign Assistance Act (22 U.S.C. 2301 et seq.), other than assistance under chapter 6 of part II of such Act (22 U.S.C. 2348 et seq.). (B) Assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763). (C) Defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778). (D) Dual use goods or technology. In this subparagraph, the term ``dual use goods or technology'' means goods or technology that are specifically designed or developed for civil purposes but which also may be used or deployed in a military or proliferation mode. Such term does not include purely commercial items. (3) Waiver.--The President may waive the limitation on assistance to a country described in paragraph (2) for not more than one fiscal year if, at least 30 days before such waiver is to take effect, the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (A) such waiver is vital to the national security of the United States; and (B) such country has undertaken substantial measures to comply with the requirements of paragraph (1). (d) Actions at IAEA.--The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to-- (1) rescind and eliminate the Small Quantities Protocol; (2) require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and (3) require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (e). (e) Penalties.-- (1) In general.--The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including-- (A) limiting its ability to vote on its case; (B) being prevented from receiving any technical assistance; and (C) being prevented from hosting meetings. (2) Termination of penalties.--The penalties specified under paragraph (1) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance. (f) Report.--Not later than 90 days after the date of the enactment of this Act and every 180 days thereafter, the President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes the following information: (1) A description of progress made towards achieving the requirements described in subsection (c) and the policy changes described in subsection (d). (2) A description of any penalties under subsection (e) that have been imposed and a list of those countries that have been subject to such penalties. (3) A list of countries that have a Small Quantities Protocol with the IAEA, including-- (A) their level of cooperation with safeguards inspections of their nuclear facilities; (B) whether they have signed, ratified, and implemented the Additional Protocol; (C) the type and amount of assistance received from the IAEA; and (D) the type and amount of assistance received from each IAEA Member State. (4) A description of United States strategy to ensure compliance by United States allies and recipients of United States assistance with the requirements described in subsection (c) and the policy changes described in subsection (d).

Directs the President to use all available political, economic, and diplomatic tools to ensure that each U.S. ally or recipient of certain U.S. assistance that has signed a Small Quantities Protocol with the International Atomic Energy Agency (IAEA) also signs and implements the Additional Protocol and provides immediate access for IAEA inspectors to its nuclear-related facilities. Prohibits certain defense and dual use assistance to a country that has signed a Small Quantities Protocol but does not satisfy such implementation and inspection requirements. Authorizes the President to waive such prohibitions for up to one fiscal year for reasons of national security. Directs the President to require the U.S. Permanent Representative to the IAEA to use U.S. influence to change IAEA policy regarding the Small Quantities Protocol in order to: (1) eliminate the Small Quantities Protocol; (2) require that any IAEA member state that has signed a Small Quantities Protocol sign and implement the Additional Protocol, and provide IAEA inspectors with access to its nuclear-related facilities; and (3) require that any IAEA member state that does not comply with such implementation and inspection requirements be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA member state, and be subject to penalties as provided for by this Act.

To ensure that countries that have signed a Small Quantities Protocol also sign, ratify, and implement the Additional Protocol and provide access by IAEA inspectors to their nuclear-related facilities and to direct the United States Permanent Representative to the IAEA to make every effort to rescind and eliminate the Small Quantities Protocol and ensure compliance by all Member States of the IAEA with IAEA obligations and the purposes and principles of the Charter of the United Nations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Right to Equitable Means of Ensuring Damages for Injuries are Efficiently Secured Act of 2010'', also known as the ``REMEDIES Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Deepwater Horizon explosion and its collapse in the Gulf of Mexico resulted in the largest environmental disaster in United States History; (2) the incident led to 11 deaths, 17 serious injuries, permanent damage and injury to wildlife and the environment, and greatly impaired the tourism, fishing, shrimping, oystering, and oil industries in Gulf Coast communities; (3) in the 72 days since the explosion, over 80,000,000 gallons of crude oil has leaked into the Gulf; (4) the full extent of the material, economic, and environmental damage caused by the Gulf Coast oil spill incident is expected to total in the tens of billions of dollars; (5) under current law, many of the victims may not be able to receive full and complete compensation for the loss of their loved ones, their livelihoods, or the damage to our natural resources; (6) lax permitting standards on the part of Federal agencies enabled such disaster; and (7) the independent compensation apparatus set up by BP plc has been inadequate. SEC. 3. LIABILITY UNDER OIL POLLUTION ACT OF 1990. (a) Increase in Liability Limitations Under Oil Pollution Act of 1990.--Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended-- (1) in paragraph (1)(A) by striking ``$3,000'' and inserting ``$6,000''; (2) in paragraph (1)(B) by striking ``$1,900'' and inserting ``$3,800''; (3) in paragraph (1)(C)(i)(I) by striking ``$22,000,000'' and inserting ``$44,000,000''; (4) in paragraph (1)(C)(i)(II) by striking ``$16,000,000'' and inserting ``$32,000,000''; (5) in paragraph (1)(C)(ii)(I) by striking ``$6,000,000'' and inserting ``$12,000,000''; (6) in paragraph (1)(C)(ii)(II) by striking ``$4,000,000'' and inserting ``$8,000,000''; (7) in paragraph (2) by striking ``$800,000'' and inserting ``$1,600,000''; (8) in paragraph (3) by striking ``$75,000,000'' and inserting ``$300,000,000''; and (9) in paragraph (4) by striking ``$75,000,000'' and inserting ``$150,000,000''. (b) Tiered Liability.--Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is amended by adding at the end the following: ``(e) Excess Liability.-- ``(1) In general.--The President shall pay to any person to whom a responsible party is liable under this Act the amount of any such liability that is not recoverable from the responsible party because of the application of the limitations under subsection (a). ``(2) Payment from trust fund.--The President shall pay the amount referred to in paragraph (1)-- ``(A) first from the Trust Fund, except that the amount paid under this subparagraph shall not exceed $10,300,000,000 for any incident; and ``(B) after payment under subparagraph (A), from amounts received by the United States as a levy under paragraph (3). ``(3) Imposition of levy.--The President may establish, assess, and collect from persons in the oil industry a levy to recover the amount of liability to be paid under paragraph (2)(B) for an incident.''. (c) This section will not be retroactive. SEC. 4. AMENDMENTS RELATING TO OIL SPILL LIABILITY TRUST FUND. (a) Increase in Size of the Oil Spill Liability Trust Fund.-- Paragraph (1) of section 4611(f) of the Internal Revenue Code of 1986 is amended by striking ``$2,000,000,000'' and inserting ``$10,000,000,000''. (b) Increase in Per-Incident Cleanup Cap.--Subparagraph (A) of section 9509(c)(2) of such Code is amended-- (1) by striking ``$1,000,000,000'' both places it appears in the heading and text and inserting ``$10,000,000,000'', and (2) in clause (ii) by striking ``$500,000,000'' and inserting ``$5,000,000,000''. (c) Increase in Tax.--Subparagraph (B) of section 4611(c)(2) of such Code is amended-- (1) in clause (i) by striking ``8 cents'' and inserting ``30 cents'', and (2) in clause (ii) by striking ``9 cents'' and inserting ``40 cents''. (d) Repeal of Sunset of Oil Spill Liability Trust Fund Financing Rate.--Section 4611(f) of such Code is amended-- (1) by striking paragraph (2), and (2) by striking ``(1) In general.--Except'' and inserting ``Except''. (e) Update Expenditures From Trust Fund.--Subsection (f) of section 9509 of such Code is amended by striking ``the date of the enactment of this subsection'' and inserting ``the date of the enactment of the Omnibus Right to Equitable Means of Ensuring Damages for Injuries are Efficiently Secured Act of 2010''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and these amendments will not be retroactive. SEC. 5. AMENDMENT TO JONES ACT. (a) In General.--Section 30104 of title 46, United States Code, is amended-- (1) in the section heading, by striking ``seamen'' inserting ``covered maritime employees''; (2) by striking ``seaman'' each place it appears and inserting ``covered maritime employee''; (3) by striking ``personal representative of'' and inserting ``spouse, parent, child, sibling, or dependent relative of''; (4) by inserting ``or any person whose act or omission was a cause of the injury or death'' after ``the employer''; (5) by inserting ``(a) In General'' before the first sentence; and (6) by adding at the end of the section the following: ``(b) Covered Maritime Employee Defined.--In this section the term `covered maritime employee' means-- ``(1) a seaman; or ``(2) an individual employed on an offshore facility (as that term is defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) or a mobile offshore drilling unit.''. (b) Conforming Amendment.--The chapter analysis at the beginning of chapter 301 of title 46, United States Code, is amended by striking the item relating to such section and inserting the following: ``30104. Personal injury or death of covered maritime employee.''. SEC. 6. AMENDMENTS TO DEATH ON THE HIGH SEAS ACT. The Death on the High Seas Act (chapter 303 of title 46, United States Code), is amended-- (1) by striking ``personal representative'' each place it appears and inserting ``spouse, parent, child, sibling, or dependent relative''; (2) in section 30303-- (A) by inserting ``and nonpecuniary loss'' after ``pecuniary loss''; (B) by striking ``by'' and all that follows through the end, and inserting ``, plus a fair compensation for the decedent's pain and suffering, and may include punitive damages if the death resulted from gross negligence or willful misconduct of the defendant.''; and (C) by adding at the end the following: ``In this section, the term `nonpecuniary loss' means loss of care, comfort, and companionship.''; and (3) in section 30306, by inserting ``(a)'' before the first sentence, and by adding at the end of the section the following: ``(b) Restriction on Recovery by Noncitizen and Nonresident Alien Workers for Incidents Arising During International Voyages of Foreign Vessels.-- ``(1) In general.--Except as provided in paragraph (2), a civil action for maintenance and cure for damages for personal injury or death may not be brought under a maritime law of the United States if-- ``(A) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action; and ``(B) the incident occurred during an international voyage of a vessel, duly registered under the laws of a foreign nation, upon which the individual suffering the injury or death was employed. ``(2) Nonapplication.--Paragraph (1) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of-- ``(A) the country in which the vessel is registered; or ``(B) the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.''. SEC. 7. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS. (a) Requirement.--Section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) is amended by redesignating clauses (v) and (vi) as clauses (vii) and (viii), and by inserting after clause (iv) the following new clauses: ``(v) include redundancies that specify response actions that will be taken if other response actions specified in the plan fail; ``(vi) be vetted by impartial experts;''. (b) Condition of Permit.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following new section: ``SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LICENSE AUTHORIZING DRILLING FOR OIL AND GAS. ``The Secretary may not issue any license or permit authorizing drilling for oil and gas on the outer Continental Shelf unless the applicant for the license or permit has a response plan approved under section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) for the vessel or facility that will be used to conduct such drilling.''. SEC. 8. SUSPENSION OF DRILLING PERMIT FOR EXCESSIVE OSHA OR OTHER SAFETY VIOLATIONS. Section 5(a)(1)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)(B)) is amended by inserting after ``human environment'' the following: ``, including in any case in which 5 or more violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the regulations under that Act, or other safety laws or regulations occur in operations under the lease or permit within a 1-year period''. SEC. 9. PROCESSING OF CLAIMS BY RESPONSIBLE PARTIES. Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by adding at the end the following new subsection: ``(g) Processing of Claims by Responsible Parties.--In processing claims under this section for loss of income, a responsible party shall-- ``(1) consider claims for loss of income according to categories of business of the claimants; ``(2) make determinations based on the unique practices within each category; and ``(3) treat fisherman as a separate category.''. SEC. 10. CLASS ACTION FAIRNESS ACT. Title 28, United States Code, is amended-- (1) in section 1711(2), by inserting ``, but does not include an action brought by a State or subdivision of a State on behalf of its citizens'' before the period; and (2) in section 1332(d)(1)(B), by inserting ``, but does not include an action brought by a State or subdivision of a State on behalf of its citizens'' before the semicolon. SEC. 11. MULTI-PARTY LITIGATION. Section 1407 of title 28, United States Code, is amended by adding at the end the following: ``(i) This section does not apply to any action-- ``(1) under chapter 301 of title 46, United States Code (commonly called the Jones Act); ``(2) under the Death on the High Seas Act (chapter 303 of title 46, United States Code); or ``(3) brought by a State or a subdivision of a State on behalf of its citizens.''. SEC. 12. INDEPENDENT CLAIMS SYSTEM. The Secretary of Homeland Security shall have the authority to require any entity that is liable for damages under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) to establish an independent claims system for all claims under that Act and for any other claims against such entity in regard to the same incident that gave rise to that liability. Such system shall include a categorization of claimants according to the type of loss for which the claim is made and guidelines for the type of proof necessary based on the category involved. SEC. 13. EMERGENCY OIL SPILL COORDINATION TEAM. The President shall establish an emergency oil spill coordination team that includes the Commandant of the Coast Guard, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Commerce, the Secretary of the Interior, and chief of the Army Corps of Engineers, to respond to oil spills in the United States. In addition, the President shall establish the chain of command for such team. SEC. 14. RESEARCH AND DEVELOPMENT TEAM. The President shall appoint a research and development team to review and recommend new technologies that prevent oil spills, especially deep water drilling oil spills. The oil industry shall establish a $1,000,000,000 research and development fund to develop the latest technologies related to oil spill recovery, remediation, and cleanup. The team shall be comprised of representatives of government, industry, research, and academia who have expertise in research and development activities regarding deep water oil drilling. SEC. 15. PTSD COUNSELING. The Secretary of Homeland Security shall make extensive post- traumatic stress disorder counseling available to victims of significant oil spill disasters, including indirect victims suffering severe economic damages. SEC. 16. PANEL OF EXPERTS TO ASSESS AND EVALUATE THE LONG-TERM ENVIRONMENTAL IMPACTS OF THE GULF OIL SPILL. The Administrator of the Environmental Protection Agency shall establish a panel of experts to assess and evaluate the long-term environmental impacts of the oil spill in the Gulf of Mexico resulting from the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon. SEC. 17. ESTABLISHMENT OF A LIABILITY STRUCTURE. The President shall issue regulations that establish limitations on liability under the Oil Pollution Act of 1990 that are substantially similar to the limitations established by section 170 of the Act of August 1, 1946 (ch. 724; 42 U.S.C. 2210), popularly known as the Price- Anderson Act. Such regulations shall apply with respect to such liability in lieu of any limitation on liability established by the Oil Pollution Act of 1990. This section shall not be retroactive. SEC. 18. EFFECTIVE DATE. This Act shall take effect April 15, 2010.

Omnibus Right to Equitable Means of Ensuring Damages for Injuries are Efficiently Secured Act of 2010 or the REMEDIES Act - Amends the Oil Pollution Act of 1990 to: (1) increase (doubling, in most cases) the limits on the total of the liability of, and the removal costs incurred by or on behalf of, the party responsible for a vessel or facility from which oil is discharged into or upon navigable waters, adjoining shorelines, or the exclusive economic zone; and (2) require the President to pay any person to whom a responsible party is liable under such Act the amount of such liability that is not recoverable from the responsible party because of such limitations. Requires the President to pay such amounts: (1) first from the Oil Spill Liability Trust Fund up to a specified limit for any incident; and (2) then from amounts that may be received by the United States as a levy on persons in the oil industry to recover the remaining amount of such liability. Amends the Internal Revenue Code to: (1) increase from $2 billion to $10 billion the level of the unobligated balance in such Fund at which the Fund financing rate becomes applicable; (2) increase the per incident limit on expenditures from the Fund from $1 billion to $10 billion for cleanup of oil spills and from $500 million to $5 billion for natural resource damage assessments and claims; and (3) increase and make permanent the Fund financing rate. Applies the Jones Act to individuals employed on an offshore facility and authorizes such an individual or a seaman injured in the course of employment, or such person's surviving spouse, parent, child, sibling, or dependent relative, to bring an action against the employer or any person whose act or omission was a cause of the injury or death. Amend the Deaths on the High Seas Act to revise provisions concerning civil actions to allow for recovery by the decedent's surviving spouse, parent, child, sibling, or dependent relative of: (1) punitive damages in cases of gross negligence or willful misconduct; (2) nonpecuniary damages; and (3) compensation for the decedent's pain and suffering. Restricts recovery by noncitizens and nonresident alien workers for incidents arising during international voyages of foreign vessels. Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require vessel and facility response plans for responding to a worst case discharge of oil or a hazardous substance to: (1) include redundancies that specify response actions that will be taken if other actions specified in the plan fail; and (2) be vetted by impartial experts. Amends the Outer Continental Shelf Lands Act to: (1) prohibit the Secretary of the Interior from issuing any license or permit authorizing drilling for oil and gas on the outer Continental Shelf unless the applicant has such a response plan approved for the vessel or facility that will conduct such drilling; and (2) authorize the suspension or temporary prohibition of operations under any license or permit if five or more violations of the Occupational Safety and Health Act of 1970 or other safety laws or regulations occur in such operations within one year. Authorizes the Secretary of Homeland Security (DHS) to require any entity that is liable for damages under the Oil Pollution Act of 1990 to establish an independent claims system for all claims in regard to the same incident. Requires the President to: (1) establish an emergency oil spill coordination team; (2) appoint a research and development team to review and recommend new technologies that prevent oil spills, especially deep water drilling oil spills; and (3) issue regulations that establish limitations on liability under the Oil Pollution Act of 1990 that are substantially similar to the limitations established by the Price-Anderson Act. Requires: (1) the oil industry to establish a $1 billion research and development fund to develop the latest technologies related to oil spill recovery, remediation, and cleanup; (2) the DHS Secretary to make extensive post-traumatic stress disorder counseling available to victims of significant oil spill disasters; and (3) the Administrator of the Environmental Protection Agency (EPA) to establish a panel of experts to evaluate the long-term environmental impacts of the oil spill in the Gulf of Mexico resulting from the explosion on and sinking of Deepwater Horizon. Makes this Act effective on April 15, 2010.

To provide equitable means for ensuring that damages for injuries are efficiently secured, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parent PLUS Loan Improvement Act of 2016''. SEC. 2. APPLICABLE RATE OF INTEREST FOR PLUS LOANS. Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(8)) is amended-- (1) in subparagraph (C), by inserting ``and before July 1, 2016,'' after ``, 2013,''; and (2) by adding at the end the following: ``(F) Reduced rate for parent plus loans.-- Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans made on behalf of a dependent student for which the first disbursement is made on or after July 1, 2016, the applicable rate of interest shall be determined under subparagraph (C) of this paragraph-- ``(i) by substituting `3.6 percent' for `4.6 percent'; and ``(ii) by substituting `9.5 percent' for `10.5 percent'.''. SEC. 3. ELIMINATION OF ORIGINATION FEE FOR PARENT PLUS LOANS. Section 455(c) of the Higher Education Act of 1965 (20 U.S.C. 1087e(c)) is amended by adding at the end the following new paragraph: ``(3) PLUS loans.--With respect to Federal Direct PLUS loans made on behalf of a dependent student for which the first disbursement of principal is made on or after July 1, 2016, paragraph (1) shall be applied by substituting `0.0 percent' for `4.0 percent'.''. SEC. 4. COUNSELING FOR PARENT PLUS BORROWERS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Counseling for Parent PLUS Borrowers.-- ``(1) In general.--The Secretary, prior to disbursement of a Federal Direct PLUS loan made on behalf of a dependent student, shall ensure that the borrower receives comprehensive information on the terms and conditions of the loan and the responsibilities the borrower has with respect to such loan. Such information-- ``(A) shall be provided through the use of interactive programs that use mechanisms to check the borrower's understanding of the terms and conditions of the borrower's loan, using simple and understandable language and clear formatting; and ``(B) shall be provided-- ``(i) during a counseling session conducted in person; or ``(ii) online. ``(2) Information to be provided.--The information to be provided to the borrower under paragraph (1) shall include the following: ``(A) Information on how interest accrues and is capitalized during periods when the interest is not paid by the borrower. ``(B) An explanation of when loan repayment begins, of the options available for a borrower who may need a deferment, and that interest accrues during a deferment. ``(C) The repayment plans that are available to the borrower, including personalized information showing-- ``(i) estimates of the borrower's anticipated monthly payments under each repayment plan that is available; and ``(ii) the difference in interest paid and total payments under each repayment plan. ``(D) The obligation of the borrower to repay the full amount of the loan, regardless of whether the student on whose behalf the loan was made completes the program in which the student is enrolled. ``(E) The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation. ``(F) The name and contact information of the individual the borrower may contact if the borrower has any questions about the borrower's rights and responsibilities or the terms and conditions of the loan.''. SEC. 5. INCLUSION OF PARENT PLUS LOANS IN INCOME-CONTINGENT AND INCOME- BASED REPAYMENT PLANS. (a) Income-Contingent Repayment Plan.--Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;''. (b) Income-Based Repayment.-- (1) Section 493c.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)-- (i) by striking ``this section'' and all that follows through ``hardship'' and inserting ``In this section, the term `partial financial hardship'''; and (ii) by striking, ``(other than an excepted PLUS loan or excepted consolidation loan)''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; (ii) in paragraph (6)(A), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (iii) in paragraph (7), by striking ``(other than a loan under section 428B or a Federal Direct PLUS Loan)''; and (C) in subsection (c), by striking ``(other than an excepted PLUS loan or excepted consolidation loan),''. (2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student''. (c) Application to Regulations.--The Secretary shall ensure that any Federal Direct PLUS Loan and any loan under section 428B of the Higher Education Act of 1965 (20 U.S.C. 1078-2) made on behalf of a dependent student are eligible for any repayment plan available under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or regulations authorized under such Act (20 U.S.C. 1001 et seq.)

Parent PLUS Loan Improvement Act of 2016 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the applicable terms and conditions with respect to Federal Direct PLUS Loans to parent borrowers (i.e., parent PLUS loans). Specifically, it reduces the interest rate and eliminates the origination fee for a parent PLUS loan disbursed on or after July 1, 2016. The Department of Education must ensure, prior to disbursement, that a parent PLUS loan borrower receives counseling that includes comprehensive information on the terms, conditions, and responsibilities with respect to the loan. The bill makes a parent PLUS loan eligible for the income-contingent and income-based repayment plans. Additionally, it makes a consolidation loan that repays parent PLUS loan eligible for the income-based repayment plan.

Parent PLUS Loan Improvement Act of 2016

SECTION 1. FINDINGS. The Congress finds the following: (1) According to the United Nations, economic and social factors contribute to the spread of HIV/AIDS, which now infects an average of 16,000 people every day. (2) Due to the debt crisis in the majority of impoverished countries, substantially more money is spent on debt repayment each year than on HIV/AIDS prevention and treatment programs. (3) Structural adjustment programs in the developing world, in an attempt to enable the impoverished nations to repay their debt, have required governments to impose failed and often harmful policies including charging user fees for the use of medical clinics. These user fees can create an obstacle to effective prevention and treatment programs. (4) In Kenya, when user fees were imposed at Nairobi's Sexually Transmitted Disease clinics, attendance decreased 35- 60 percent. (5) User fees have also been shown to decrease the use of health clinics in Mozambique, the Congo, Ghana, and Zimbabwe. (6) Cuts in health clinic budgets, required by structural adjustment programs, may also contribute to the spread of HIV/ AIDS. (7) Structural adjustment programs have also contributed to internal and international labor migration. Labor migration is associated with increase in HIV transmission rates in Senegal, Ghana, Benin, Nigeria, and Kenya. (8) The HIV/AIDS pandemic will result in tens of millions of orphaned children worldwide, creating an unprecedented strain on the world's economic resources and relief efforts. (9) Secretary General of the United Nations, Kofi Annan, stated in 1999 that ``the impact of AIDS is no less destructive than that of warfare itself, and by some measures, far worse''. (10) Many of the same nations in Sub-Saharan Africa which are crushed beneath the weight of foreign debt are experiencing catastrophic loss of life and negative economic growth due largely to the HIV/AIDS pandemic. (11) The decision of the G-8 countries at the Cologne Summit in 1999 to reduce by $100,000,000,000 the debt of the countries listed by the World Bank and the International Monetary Fund (IMF) as Heavily Indebted Poor Countries (HIPCs) (which combined owe approximately $220,000,000,000 in debt) is a measure for which only 22 have qualified. These countries have seen their annual debt service reduced by an average of 26 percent, a level of reduction which is neither allowing these countries a sustainable exit from debt, nor freeing up substantial resources to combat poverty and the AIDS pandemic. (12) Per capita government expenditure on health care in most African countries is below $10, and the per capita share of debt service to foreign creditors is up to 5 times as high as public health expenditure. (13) The Congress enacted section 596 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001. This demonstrated the political commitment to eliminate user fees for primary health care and education. (14) A large-scale program of multilateral and bilateral debt cancellation explicitly linked to HIV/AIDS control would have minimal impact on creditor country taxpayers and budgets. (15) The active participation of all stakeholders in the epidemic, in the process of negotiating debt cancellation for HIV/AIDS prevention and care, is a precondition for the implementation of effective programs. (16) The United States has shown good faith by providing $435,000,000 in fiscal year 2001 for bilateral debt cancellation and multilateral debt reduction. This action should encourage international financial institutions to match the debt cancellation efforts of the G-8 countries to ensure burden sharing. SEC. 2. MULTILATERAL DEBT CANCELLATION EFFORTS FOR COUNTRIES ELIGIBLE TO BE CONSIDERED FOR ASSISTANCE UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC) INITIATIVE OR HEAVILY AFFECTED BY HIV/AIDS. The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development and the International Monetary Fund to use the voice, vote, and influence of the United States to call for a vote in their respective institutions on (and call for the publication of the outcome of any such vote)-- (1) negotiating a strategy for cancelling the debts owed to the institution by any country that is eligible to be considered for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative or is heavily affected by HIV/AIDS, which should ensure that the savings from debt cancellation are used for poverty reduction in a process that is fair and transparent, and that includes the participation of national governments, including parliamentary bodies, nongovernmental organizations, and civil society; (2) in the interim, accepting an immediate moratorium on debt service payments and accrual of interest on such debt owed by any such country; (3) encouraging each such country and civil society stakeholders to ensure that-- (A) the national HIV/AIDS strategic plan is fully funded, and that a significant proportion of the savings from debt cancellation is used for the HIV/AIDS response and other health priorities, as determined locally; and (B) HIV/AIDS and infectious disease control strategies are based upon best practices, including prevention, care, treatment, orphan response, and accessibility to affordable drugs and social and health infrastructure; and (4) using the reserve accounts or net income of the institution to offset the costs of any such debt cancellation. SEC. 3. OPPOSITION TO USER FEES FOR PRIMARY EDUCATION OR PRIMARY HEALTH CARE. The Secretary of the Treasury shall instruct the United States Executive Directors at at the International Bank for Reconstruction and Development and the International Monetary Fund to oppose and vote against any program of these institutions that would include user fees or service charges for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being. SEC. 4. ANTICORRUPTION STRATEGIES. The Secretary of the Treasury, in consultation with appropriate governmental agencies, nongovernmental organizations, and civil society, shall develop strategies to counter corruption in the countries described in section 2. SEC. 5. REPORTS. Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and on Foreign Relations of the Senate a written report on all progress in debt cancellation efforts undertaken pursuant to this Act and on the effects of the debt cancellation provided pursuant to this Act on funding for HIV/AIDS programs, projects, activities (including any vaccination approaches, health care delivery system infrastructure development, HIV prevention education), and the effectiveness of such programs, projects, and activities in reducing the worldwide spread of HIV/AIDS. The report should include recommendations for measures to ensure accountability in the use of the savings from such debt cancellation. SEC. 6. DEFINITIONS. In this Act: (1) G-8 countries.--The term ``G-8 countries'' means the group consisting of France, Germany, Japan, the United Kingdom, the United States, Canada, Italy, and Russia established to facilitate economic cooperation among the 8 major economic powers. (2) Heavily affected by hiv/aids.--The term ``heavily affected by HIV/AIDS'' means, with respect to a country, that the country has an HIV/AIDS incidence of at least 3 percent or the country has declared a national health emergency related to HIV/AIDS. (3) Heavily indebted poor countries (hipc) initiative.--The term ``Heavily Indebted Poor Countries (HIPC) Initiative'' means countries that are eligible for consideration for highly concessional assistance from the International Development Association, and from the Poverty Reduction and Growth Facility of the International Monetary Fund. (4) HIV/AIDS.--The term ``HIV/AIDS'' means infection with the human immunodeficiency virus. Such term includes the acquired immune deficiency syndrome.

Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at the International Bank for Reconstruction and Development (World Bank) and the International Monetary Fund (IMF) to use the U.S. voice, vote, and influence to call for a vote by such institutions on: (1) negotiating a strategy to cancel debts owed them by any country eligible for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative or heavily affected by HIV/AIDS, which should ensure that the savings from such cancellation are used for fair and transparent poverty reduction; (2) accepting an immediate moratorium on debt service payments and accrual of interest on the debt owed by such country; (3) encouraging each country to ensure that the national HIV/AIDS strategic plan is fully funded, with a significant proportion of the savings from the debt cancellation to be used for HIV/AIDS response and other health priorities, and HIV/AIDS and infectious disease control strategies are based upon best practices, including prevention, care, treatment, orphan response, and accessibility to affordable drugs and social and health infrastructure; and (4) using their reserve accounts or net income to offset debt cancellation costs.Directs the Secretary to instruct the U.S. Executive Directors at the World Bank and the IMF to oppose any of their programs that would include user fees for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being.Directs the Secretary to develop strategies to counter corruption in beneficiary countries under this Act.

To encourage the provision of multilateral debt cancellation for countries eligible to be considered for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative or heavily affected by HIV/AIDS, and for other purposes.

SECTION 1. REIMPORTATION OF CERTAIN GOODS. (a) In General.--Subchapter I of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading: `` 9801.00.26 Articles, previously imported, with respect to which the duty was paid upon such previous importation if (1) exported within 3 years after the date of such previous importation, (2) sold for exportation and exported to individuals for personal use, (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation, and (5) reimported by or for the account of the person who exported them from the United States within 1 year of such exportation Free Free '' (b) Effective Date.--The amendment made by this section applies to goods described in subheading 9801.00.26 of the Harmonized Tariff Schedule of United States (as added by subsection (a)) that are reimported into the United States on or after the date that is 15 days after the date of enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation.

A bill to amend the Harmonized Tariff Schedule of the United States to provide that certain goods may be reimported into the United States without additional duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Visa and Protection Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Crime of violence.--The term ``crime of violence'' means an offense defined in section 16 of title 18, United States Code-- (A) that is not a purely political offense; and (B) for which the noncitizen has served a term of imprisonment of at least 5 years. (2) Deported veteran.--The term ``deported veteran'' means a veteran who-- (A) is a noncitizen; and (B)(i) was removed from the United States; or (ii) is abroad and is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (3) Noncitizen.--The term ``noncitizen'' means an individual who is not a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (5) Service member.--The term ``service member'' means an individual who is serving as-- (A) a member of a regular or reserve component of the Armed Forces of the United States on active duty; or (B) a member of a reserve component of the Armed Forces in an active status. (6) Veteran.--The term ``veteran'' has the meaning given such term under section 101(2) of title 38, United States Code. SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES; STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES. (a) In General.-- (1) Duties of secretary.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall-- (A) establish a program and application procedure to permit-- (i) a deported veteran who meets each requirement under subsection (b) to enter the United States as an alien lawfully admitted for permanent residence; and (ii) a noncitizen veteran in the United States who meets each requirement under subsection (b) to adjust status to that of an alien lawfully admitted for permanent residence; and (B) cancel the removal of any noncitizen veteran ordered removed who meets each requirement under subsection (b) and allow the noncitizen veteran to adjust status to that of an alien lawfully admitted for permanent residence. (2) No numerical limitations.--Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of veterans who may be eligible to receive a benefit under paragraph (1). (b) Eligibility.-- (1) In general.--Notwithstanding any other provision of law, including sections 212 and 237 of the Immigration and Nationality Act (8 U.S.C. 1182 and 1227), a veteran shall be eligible to participate in the program established under subsection (a)(1)(A), or for cancellation of removal under subsection (a)(1)(B), if the Secretary determines that the veteran-- (A) was not ordered removed, or removed, from the United States due to a criminal conviction for-- (i) a crime of violence; or (ii) a crime that endangers the national security of the United States for which the noncitizen has served a term of imprisonment of at least 5 years; and (B) is not inadmissible to, or deportable from, the United States due to a criminal conviction described in subparagraph (A). (2) Waiver.--The Secretary may waive the application of paragraph (1)-- (A) for humanitarian purposes; (B) to ensure family unity; (C) due to exceptional service in the United States Armed Forces; or (D) if such waiver otherwise is in the public interest. SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL. Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen who is a veteran or service member may not be removed from the United States unless the noncitizen has a criminal conviction for a crime of violence. SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES. An alien who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section 3(a) shall be eligible for naturalization through service in the Armed Forces of the United States under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440), except that-- (1) when determining whether the noncitizen is a person of good moral character, disregard the ground on which the noncitizen was-- (A) ordered removed, or was removed, from the United States; or (B) rendered inadmissible to, or deportable from, the United States; and (2) any period of absence from the United States due to the noncitizen having been removed, or being inadmissible, shall be disregarded when determining if the noncitizen satisfies any requirement relating to continuous residence or physical presence. SEC. 6. ACCESS TO MILITARY BENEFITS. An alien who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section 3(a) shall be eligible for all military and veterans benefits for which the noncitizen would have been eligible if, from the United States, the noncitizen had never-- (a) been ordered removed; (b) been removed; or (c) voluntarily departed. SEC. 7. IMPLEMENTATION. (a) Identification.--The Secretary shall identify cases involving any service member or veteran at risk of removal from the United States by-- (1) inquiring of every noncitizen processed prior to initiating a removal proceeding whether the noncitizen is serving, or has served-- (A) as a member of a regular or reserve component of the Armed Forces of the United States on active duty; or (B) as a member of a reserve component of the Armed Forces in an active status; (2) requiring U.S. Immigration and Customs Enforcement personnel to seek supervisory approval prior to initiating a removal proceeding against a service member or veteran; and (3) keeping records of any service member or veteran who has-- (A) had removal proceedings initiated against them; (B) been detained; or (C) been removed. (b) Record Annotation.-- (1) In general.--When the Secretary has identified a case under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the noncitizen involved to-- (A) reflect that identification; and (B) afford an opportunity to track the outcomes for the noncitizen. (2) Annotations.--Each annotation under paragraph (1) shall include-- (A) the branch of military service in which each noncitizen served; (B) whether or not the noncitizen is serving, or has served, during a period of military hostilities described in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440); (C) the immigration status of each noncitizen at the time of enlistment; (D) whether the noncitizen is serving honorably or was separated under honorable conditions; (E) the basis for which removal was sought; and (F) the crime for which conviction was obtained if the basis for removal was a criminal conviction. SEC. 8. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act.

Veterans Visa and Protection Act of 2017 This bill requires the Department of Homeland Security (DHS) to: (1) establish a program to permit an eligible deported noncitizen veteran to enter the United States as a lawful permanent resident alien and permit an eligible noncitizen veteran in the United States to adjust to lawful permanent resident status, and (2) cancel an eligible noncitizen veteran's removal and allow the individual to adjust to lawful permanent resident status. A veteran is eligible if the veteran has not been convicted of a crime of violence or a crime that endangers national security for which the veteran has served at least five years in prison. DHS may waive eligibility requirements for humanitarian, family unity, public interest, or exceptional military service reasons. A noncitizen veteran or service member may not be removed from the United States unless such individual has been convicted of a crime of violence. An individual who has obtained lawful permanent resident status pursuant to this bill shall be eligible for: (1) military and veterans benefits, and (2) naturalization through U.S. military service.

Veterans Visa and Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Congress finds that-- (1)(A) new transportation technologies are needed to develop new modes of transportation that are environmentally sound and energy efficient; (B) very high- and super-speed magnetic levitation (referred to in this section as ``MAGLEV'') is the technology that appears to best meet the needs of the traveling public and high-value freight shippers in the 40- to 600-mile distance corridors; (C) MAGLEV is energy efficient, consuming less energy per passenger mile at any given speed than other forms of transportation and reducing dependence on imported oil; (D) since properly designed MAGLEV is virtually impossible to derail, MAGLEV is safe and will prevent accidents and loss of life, and will significantly reduce costs attributable to accidents occurring on highways, freight rail lines, intercity rail passenger service lines, commuter rail lines, and short haul airline routes of the United States; (E) MAGLEV is virtually unaffected by weather conditions, which annually result in delays in other transportation modes employed by freight and passenger carriers; and (F) MAGLEV makes extensive use of existing highway rights- of-way and consumes less land for its guideway infrastructure than a comparable roadway; (2) the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102- 240; 105 Stat. 1978)-- (A) demonstrates that MAGLEV systems have the potential for a public and private partnership under which the private sector could operate a system without operating subsidies and the total benefits of the system would exceed the total costs; and (B) demonstrates that adding links or corridors to the basic MAGLEV system would enhance the basic system, leading to establishment of high-volume high-speed ground transportation networks; and (3) the study required by section 359(d) of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 627) further demonstrates the potential for MAGLEV systems. (b) Policy.--It is the policy of the United States to establish a MAGLEV transportation technology system operating along Federal-aid highway and other rights-of-way as part of a national transportation system of the United States. SEC. 3. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM. (a) In General.--Chapter 3 of title 23, United States Code, is amended by inserting after section 321 the following: ``Sec. 322. Magnetic levitation transportation technology deployment program ``(a) Definitions.--In this section: ``(1) Eligible project costs.--The term `eligible project costs' means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station. ``(2) Full project costs.--The term `full project costs' means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment. ``(3) MAGLEV.--The term `MAGLEV' means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. ``(4) Partnership potential.--The term `partnership potential' has the meaning given the term in the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1978). ``(5) Recognized pilot project.--The term `recognized pilot project' means a project identified in the report transmitted by the Secretary to Congress on the near-term applications of magnetic levitation ground transportation technology in the United States as required by section 359(d) of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 627). ``(b) High-Speed Ground Transportation Office.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997, the Secretary shall establish a High-Speed Ground Transportation Office in the Federal Railroad Administration to-- ``(A) coordinate and administer all high-speed rail and MAGLEV programs authorized by this section and any other provision of this title or title 49; and ``(B) make available financial assistance to provide the Federal share of full project costs of eligible projects selected under this section and otherwise carry out this section. ``(2) Federal share.--The Federal share of full project costs under paragraph (1)(B) shall be not more than \2/3\. ``(3) Use of assistance.--Financial assistance provided under paragraph (1)(B) shall be used only to pay eligible project costs of projects selected under this section. ``(c) Solicitation of Applications for Assistance.--Not later than 90 days after the establishment of the High-Speed Ground Transportation Office, the Secretary shall solicit applications from States, or authorities designated by 1 or more States, for financial assistance authorized by subsection (b)(1)(B) for planning, design, and construction of eligible MAGLEV projects. ``(d) Project Eligibility.--To be eligible to receive financial assistance under subsection (b)(1)(B), a project shall-- ``(1) involve a segment or segments of a high-speed ground transportation corridor that-- ``(A) exhibits partnership potential; or ``(B) is a portion of a recognized pilot project; ``(2) require an amount of Federal funds for project financing that will not exceed-- ``(A) the amounts made available under subsection (j)(1)(A); and ``(B) the amounts made available by States under subsection (j)(4); ``(3) result in an operating transportation facility that provides a revenue producing service; ``(4) be undertaken through a public and private partnership, with at least \1/3\ of full project costs paid using non-Federal funds; ``(5) to the maximum extent practicable (as determined by the Secretary), satisfy applicable Statewide and metropolitan planning requirements; ``(6) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States; ``(7) to the extent non-United States MAGLEV technology is used within the United States, be carried out as a technology transfer project; and ``(8) be carried out using materials at least 70 percent of which are manufactured in the United States. ``(e) Project Selection Criteria.--Prior to soliciting applications, the Secretary shall establish criteria for selecting which eligible projects under subsection (d) will receive financial assistance under subsection (b)(1)(B). The criteria shall include the extent to which-- ``(1) a project is nationally significant, including the extent to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States; ``(2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need for additional highway or airport construction; ``(3) States, regions, and localities financially contribute to the project; ``(4) implementation of the project will create new jobs in traditional and emerging industries; ``(5) the project will augment MAGLEV networks identified as having partnership potential; ``(6) financial assistance would foster public and private partnerships for infrastructure development and attract private debt or equity investment; ``(7) financial assistance would foster the timely implementation of a project; and ``(8) life-cycle costs in design and engineering are considered and enhanced. ``(f) Project Selection.--Not later than 90 days after a deadline established by the Secretary for the receipt of applications, the Secretary shall evaluate the eligible projects in accordance with the selection criteria and select 1 or more eligible projects for financial assistance. ``(g) Joint Ventures.--A project undertaken by a joint venture of United States and non-United States persons (including a project involving the deployment of non-United States MAGLEV technology in the United States) shall be eligible for financial assistance under this section if the project is eligible under subsection (d) and selected under subsection (f). ``(h) Research Grants and Contracts.--The Secretary shall conduct research that shall include providing grants to, and entering into contracts with, colleges, universities, research institutes, Federal laboratories, and private entities for research related to-- ``(1) the quantification of benefits derived from the implementation of MAGLEV technology; ``(2) MAGLEV safety; ``(3) the development of domestic MAGLEV technologies, including electromagnetic and superconducting technology; and ``(4) the development of technologies associated with MAGLEV infrastructure. ``(i) Report.--Not later than 180 days after the date of enactment of the Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997, the Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on progress in implementing this section that includes a report on-- ``(1) the establishment of the High-Speed Ground Transportation Office under subsection (b); ``(2) applications for assistance under this section; and ``(3) the establishment of public and private partnerships to carry out this section. ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to-- ``(A) carry out this section (other than subsection (h)), $10,000,000 for fiscal year 1998, $20,000,000 for fiscal year 1999, $200,000,000 for each of fiscal years 2000 and 2001, and $250,000,000 for each of fiscal years 2002 and 2003; and ``(B) provide research grants and contracts under subsection (h), $10,000,000 for each of fiscal years 1998 through 2003. ``(2) Availability of funds.--Funds made available under paragraph (1) shall remain available until expended. ``(3) Contract authority.--Approval by the Secretary of an eligible project selected under this section shall be considered to be a contractual obligation of the United States for payment of the Federal share of the full project costs of the project. ``(4) Other federal funds.--Notwithstanding any other provision of law, funds made available to a State to carry out the surface transportation program under section 133 and the congestion mitigation and air quality improvement program under section 149 may be used by the State to pay a portion of the full project costs of an eligible project selected under this section, without requirement for non-Federal funds. ``(5) Other assistance.--Notwithstanding any other provision of law, an eligible project selected under this section shall be eligible for the loans, loan guarantees, lines of credit, development cost and political risk insurance, credit enhancement, and risk insurance that are authorized for a highway project under this title. ``(6) Tax-exempt bond financing.--For the purpose of obtaining tax-exempt bond financing under the Internal Revenue Code of 1986, a MAGLEV facility shall be considered to be a high-speed intercity rail facility with an average speed greater than 150 miles per hour under section 142(a)(11) of that Code.''. (b) Conforming Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by inserting after the item relating to section 321 the following: ``322. Magnetic levitation transportation technology deployment program.''.

Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997 - Declares that it is U.S. policy to establish a MAGLEV transportation technology system (i.e., a transportation system employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) operating along Federal-aid highways and other rights-of-way as part of a national transportation system. Amends Federal transportation law to direct the Secretary of Transportation to: (1) establish a High-Speed Ground Transportation Office in the Federal Railroad Administration to coordinate and administer all authorized high-speed rail and MAGLEV programs, to make available financial assistance to provide the Federal share of full project costs of eligible projects selected, and to otherwise carry out this Act; and (2) solicit applications from States, or authorities designated by one or more States, for financial assistance authorized for planning, design, and construction of eligible MAGLEV projects. Sets forth provisions regarding the Federal share, authorized uses of assistance, and project eligibility. Directs the Secretary to establish criteria for selecting eligible projects, to evaluate the projects, and to select projects to receive financial assistance. Sets forth provisions regarding joint ventures. Directs the Secretary to conduct research regarding the quantification of benefits derived from the implementation of MAGLEV technology, MAGLEV safety, and the development of domestic MAGLEV technologies and technologies associated with MAGLEV infrastructure. Sets forth reporting requirements. Authorizes appropriations from the Highway Trust Fund to carry out this Act. Specifies that, for the purpose of obtaining tax-exempt bond financing under the Internal Revenue Code, a MAGLEV facility shall be considered to be a high-speed intercity rail facility with an average speed greater than 150 miles per hour.

Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Vessel Interdiction Act of 2008''. SEC. 2. FINDINGS AND DECLARATIONS. Congress finds and declares that operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States. SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) In General.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following new section: ``SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. ``(a) Offense.--Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Definitions.--In this section-- ``(1) the term `submersible vessel' means a watercraft that is capable of operating completely below the surface of the water, and includes manned and unmanned watercraft; ``(2) the term `semi-submersible vessel' means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, and includes manned or unmanned watercraft; ``(3) the term `vessel without nationality' has the same meaning given that term in section 70502(d) of title 46; ``(4) the term `evade detection' includes the indicia set forth in section 70507(b)(1)(A), (E), (F), (G), (b)(4), (5), and (6) of title 46; and ``(5) the term `vessel of the United States' has the same meaning given that term in section 70502(b) of title 46. ``(c) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section, including an attempt or conspiracy to commit such an offense. ``(d) Claim of Nationality or Registry.--A claim of nationality or registry under this section includes only-- ``(1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in article 5 of the 1958 Convention on the High Seas; ``(2) flying its nation's ensign or flag; or ``(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. ``(e) Affirmative Defenses.-- ``(1) In general.--It is an affirmative defense to a prosecution for a violation of this section, which the defendant has the burden to prove by a preponderance of the evidence, that any submersible or semi-submersible vessel that the defendant operated by any means or embarked in at the time of the offense-- ``(A) was a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) was classed by and designed in accordance with the rules of a classification society; ``(C) was lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) was equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. ``(2) Production of documents.--The affirmative defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for research or exploration. ``(f) Federal Activities.--Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government. ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 of title 46 apply to this section.'' (b) Clerical Amendment.--The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding at the end the following new item: ``2285. Operation of submersible or semi-submersible vessel without nationality.''. SEC. 4. SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate sentencing guidelines (including policy statements) or amend existing sentencing guidelines (including policy statements) to provide adequate penalties for persons convicted of knowingly operating by any means or embarking in any submersible or semi-submersible vessel as defined in section 2285 of title 18, United States Code. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offense described in section 2285 of title 18, United States Code, and the need for deterrence to prevent such offenses; (2) account for any aggravating or mitigating circumstances that might justify exceptions, including-- (A) the use of a submersible or semi-submersible vessels described in section 2285 of title 18, United States Code, to facilitate other felonies; (B) the repeated use of a submersible or semi- submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies, including whether such use is part of an ongoing commercial organization or enterprise; (C) whether the use of such a vessel involves a pattern of continued and flagrant violations of section 2285 of title 18, United States Code; (D) whether the persons operating or embarking in a submersible or semi-submersible vessel willfully caused, attempted to cause, or permitted the destruction or damage of such vessel or failed to heave to when directed by law enforcement officers; and (E) circumstances for which the sentencing guidelines (and policy statements) provide sentencing enhancements; (3) ensure reasonable consistency with other relevant directives, other sentencing guidelines and policy statements, and statutory provisions; (4) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (5) ensure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. Passed the House of Representatives July 29, 2008. Attest: LORRAINE C. MILLER, Clerk.

Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or embarking in any submersible or semisubmersible vessel that is without nationality and that is navigating in, or has navigated into, through, or from, waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection. Grants extraterritorial federal jurisdiction over violations of this Act. Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government-regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense. Directs the U.S. Sentencing Commission to promulgate or amend existing guidelines to provide adequate penalties for violations of this Act.

To enhance drug trafficking interdiction by creating a Federal felony relating to operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage.

SECTION 1. ACQUISITION OF PROJECTS AND REMOVAL OF DAMS. (a) In General.--The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 3173) is amended by striking section 3 and inserting the following: ``SEC. 3. ACQUISITION OF PROJECTS. ``(a) In General.--As soon as practicable after sums are appropriated for the purpose, the Secretary shall acquire the Elwha Project and Glines Project for a purchase price of $29,500,000. ``(b) Release From Liability.-- ``(1) In general.--Subject to paragraph (2), the acquisition of the Projects shall be conditioned on a release from liability providing that all obligations and liabilities of the owner and the local industrial consumer to the United States arising from the Projects, based on ownership or on a license, permit, contract, or other authority (including Project removal and any ecosystem, fish and wildlife mitigation, and restoration obligations), shall, from the moment of title transfer, be deemed to have been satisfied. ``(2) Liability to indian tribes.--The United States may not assume or satisfy the liability, if any, of the owner or local industrial consumer to any federally recognized Indian tribe, nor shall any such liability be deemed satisfied without the consent of the Indian tribe. ``(c) Elwha Project.-- ``(1) Removal of dam.-- ``(A) In general.--After acquiring the Elwha Project, the Secretary shall remove the Elwha dam. ``(B) Protection of water supply.-- ``(i) In general.--Before commencing removal of the Elwha dam or taking any steps to breach, bypass, or otherwise alter the water flow from the Elwha dam, the Secretary shall take all such actions as are necessary to ensure the continued availability, after removal of the dam, of the quantity and quality of water that is available, as of the date of enactment of this paragraph, to the city of Port Angeles, Washington, the Dry Creek Water Association, current (as of the date of enactment of this paragraph) and future industrial water users, and other current users of water from the Elwha River. ``(ii) Actions included.--The actions that the Secretary shall take under clause (i) include-- ``(I) the design, construction, operation, and maintenance of new or improved water treatment or storage facilities; and ``(II) the mitigation of any injury to fisheries and remediation of any degradation in water quality that may result from the removal of or any other change in the water flow from the Elwha dam. ``(iii) Payment of costs.--The cost of each action taken under clause (i) shall be borne by the Secretary. ``(2) Evaluation of effect of removal.--For a period of 12 years during the removal phase of the Elwha dam, the Secretary shall make a thorough evaluation of the impact of removal of the dam on fish runs. ``(3) Compensation for lost revenue.--After the acquisition of the Projects, the Secretary shall pay the Clallam County Board of Commissioners $150,000 per year for a period of 12 years for the purposes of recovering lost revenue under the condition that the county dedicate at least 50 percent of each payment to studying the river system before, during, and after dam removal. ``(d) Glines Project.-- ``(1) In general.--As soon as practicable after sums are appropriated for the purpose, the Secretary shall acquire the Glines Project. ``(2) Delay in removal of dam.-- ``(A) In general.--The Secretary shall continue operation of, and shall not commence removal of, the Glines Canyon dam for a period of 12 years after the Elwha dam has been removed. ``(B) Removal.--After the 12-year period described in subparagraph (A), the Secretary may, subject to the availability of appropriations, remove the Glines Canyon Project, if the Secretary determines that the benefit to fisheries and restoration of the natural state of the river exceeds the value of power and the desirability of the lake by a margin that is sufficient to warrant the expenditure of the removal cost. ``(C) Engineering and design study.--As soon as practicable after the date of enactment of this paragraph, the Secretary shall-- ``(i) complete an engineering and design study to determine the most cost-effective manner in which transmission lines and operational controls can be reconfigured to permit operation of the Glines Canyon dam during the 12-year period described in subsection (a)(2); and ``(ii) evaluate the impact that managing the Glines Canyon Project for fisheries restoration will have on future hydropower operations. ``(3) Fisheries restoration enhancement efforts.-- ``(A) In general.--To the extent practicable, the Secretary shall develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other persons and entities directly affected by management decisions on the Elwha River. ``(B) Limitation.--The comprehensive fish enhancement plan shall not compromise or preempt-- ``(i) commitments for power generation on the river in effect on the date of enactment of this paragraph; or ``(ii) the authority of the Secretary to remove the Glines Canyon Project before the 12- year period described in subsection (a)(2) has expired.''. (b) Conforming Amendments.--The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 3173) is amended-- (1) in section 4-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``Effective'' and all that follows through ``implement'' and inserting ``Effective 60 days after date of conveyance of the Projects, the Secretary shall, subject to the availability of appropriated funds, take such actions as are necessary to implement''; and (ii) in paragraph (1), by striking ``referred to in section 3(c)(2) for the removal of the dams and full;'' and inserting ``for the removal of the Elwha dam and;'' and (B) in the first sentence of subsection (b), by striking ``referred to in section 3(c)(2)''; (2) in section 5(a), by striking ``as provided in section 3(e)''; (3) in section 6-- (A) in the first sentence of subsection (a), by striking ``makes the determination to remove the dams and''; and (B) in the first sentence of subsection (b)(1)-- (i) by striking ``makes the determination to remove the dams and''; and (ii) by inserting ``of the Elwha Project'' after ``removal''; and (4) in section 7(a)-- (A) by striking ``makes the determination to remove the dams and''; and (B) by inserting ``of the Elwha Project'' after ``removal''. SEC. 2. COLUMBIA-SNAKE RIVER HYDROELECTRIC SYSTEM PROTECTION. (a) In General.--Notwithstanding the Endangered Species Act (42 U.S.C. 4321 et seq.) or any other Federal or State law (including a regulation), or Federal Energy Regulatory Commission license condition, unless specifically authorized by an Act of Congress, a Federal or State agency shall not require, approve, authorize, fund, or undertake any action that would-- (1) impair the ability of flood control facilities located in the Columbia-Snake River basin to adequately protect the safety of humans and property from damage due to flooding; (2) reduce the capability of the Federal Columbia River Power System to generate electric energy or capacity below the operations analyzed in the Preferred Alternative of the Columbia River System Operation Review Final Environmental Impact Statement, and thereafter adopted, in conjunction with the National Marine Fisheries Service March 2, 1995 biological opinion of Federal Columbia River Power System operations by the Bonneville Power Administration, the Army Corps of Engineers, and the Bureau of Reclamation except as may be necessary for flood control or routine maintenance or repair of generating units; (3) reduce the power and energy generating capability of any dam on the Columbia or Snake Rivers or their tributaries licensed by the Federal Energy Regulatory Commission to a level below 85 percent of its capability in 1990; (4)(A) reduce the level of the Columbia-Snake River reservoirs below minimum operating pools (as of the date of enactment of this Act), except as may be necessary for flood control or maintenance or repair of dam and navigation locks; (B) reduce the reservoir levels below established minimum irrigation pools; or (C) further restrict access to the Columbia River or Snake River for irrigation or recreational use; (5) impair the Columbia-Snake River inland navigation system from Bonneville Dam to Lewiston, Idaho (as of the date of enactment of this Act), which shall remain at all times fully operational as authorized by Congress; (6) restrict or abrogate in any way the management or control of State water rights; or (7) require the release of stored water from any Federal, State, or private water storage project. (b) No Action Above River Mile 106.--Unless specifically authorized by Congress-- (1) a Federal or State agency shall not take any action above Columbia River mile 106 that would reduce the Congressionally required minimum 14 foot navigation channel and navigation lock sill clearance at minimum regulated flow, except as may be necessary for purposes of flood control, or maintenance and repairs; and (2) no Federal funds may be expended to study the reduction of the minimum channel depth or lock sill clearance unless specifically authorized by Congress. (c) Judicial Review.-- (1) In general.--Except to enforce this section, a Federal or State court, in reviewing agency action concerning any federally authorized or licensed dam or navigational lock in the Columbia-Snake River basin, shall be without jurisdiction to issue any equitable relief concerning the operation, removal, breach, or structural modification of the dam or lock, and decisions concerning the operation, removal, breach, or structural modification of those dams and locks are declared to be within the exclusive competence of Congress. (2) Civil action.--A person whose interests may be adversely affected by a violation of this section may bring a civil action in the person's own behalf to enjoin any person, including the United States and any governmental instrumentality or agency (to the extent permitted by the 11th amendment to the Constitution), from continuation of the violation. (3) Period of limitation.--A civil action to enjoin a violation of this section shall be brought not later than 90 days of the date on which the agency action becomes final. (4) Exclusive venue.--A civil action to enjoin a violation of this section may be brought only in the United States District Court for the District of Columbia. (5) Stay.--On motion by any party to a civil action under this subsection, the Court, without requiring bond or security of any kind, shall immediately stay implementation of the agency action pending final judgment (including judgment after appeal) in the civil action.

Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Canyon Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owners and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owners or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) for a period of 12 years during such removal, to thoroughly evaluate the removal's impact on fish runs; and (3) to pay specified compensation to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition). Directs the Secretary to continue operation of, and not commence removal of, the Glines Canyon dam for a period of 12 years after the Elwha dam has been removed. Authorizes the Secretary, after such period, to remove the Glines Project if the benefit to fisheries and natural restoration of the Elwha River exceeds the value of power and the desirability of the lake by a margin sufficient to warrant the expenditure of the removal cost. Directs the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of Canyon transmission lines and dam operational controls during the 12-year period; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other entities directly affected by management decisions on the Elwha River. Prohibits, unless specifically authorized by an Act of Congress, any Federal or State agency from taking any action that would impair or reduce the flood control facilities, power generation capabilities, reservoir levels, and related components within the Columbia-Snake River basin. Prohibits any action above Columbia River mile 106 that would reduce the congressionally required minimum 14-foot navigation channel and navigation lock sill clearance at minimum regulated flow, except as necessary for flood control or maintenance and repairs. Limits Federal or State judicial review with respect to actions concerning such basin. Provides a civil action for persons whose interests may be adversely affected by a violation of this section.

A bill to amend the Elwha River Ecosystem and Fisheries Restoration Act to provide further for the acquisition and removal of the Elwha dam and acquisition of Glines Canyon dam and the restoration of the Elwha River ecosystem and native anadromous fisheries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver Education and Licensing Improvement Act of 2004''. SEC. 2. GRANTS FOR SUPPORT OF ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. (a) Revised Eligibility Requirements.--Subparagraph (D) of section 410(b)(1) of title 23, United States Code, is amended to read as follows: ``(D) Graduated licensing system.--A multiple-stage graduated licensing system for young drivers that, at a minimum, authorizes the issuance of an initial license or learner's permit to a driver no earlier than the driver's 16th birthday, makes it unlawful for a person under age 21 to operate a motor vehicle with a blood alcohol concentration of .02 percent or greater, provides for a learning stage of at least six months and an intermediate stage of at least 6 months, and applies the following restrictions and features to such stages and to such other stage or stages as may be provided under State law: ``(i) A restriction that no more than 2 passengers may occupy a vehicle while it is being operated by a young driver. ``(ii) Nighttime driving restrictions applicable, at a minimum, during the hours between 10:00 o'clock post meridiem and 5:00 o'clock ante meridiem. ``(iii) Special penalties (including delays in progression through the stages of the graduated licensing system) for violations of restrictions under the system and violations of other State laws relating to operation of motor vehicles.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect one year after the date of the enactment of this Act. SEC. 3. NATIONAL OFFICE OF DRIVER TRAINING. Section 105 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) There is a National Office of Driver Training in the National Highway Traffic Safety Administration. ``(2) The head of the National Office of Driver Training is the Director. ``(3) The functions of the National Office of Driver Training are as follows: ``(A) To provide States with services for coordinating the motor vehicle driver training and licensing programs of the States. ``(B) To develop and make available to the States a recommended motor vehicle driver education and licensing curriculum that incorporates the best practices in driver education and licensing, and to carry out such research (pursuant to cooperative agreements or otherwise) and undertake such other activities as the Director determines appropriate to develop and, on an ongoing basis, improve the recommended curriculum. ``(C) To provide States with technical assistance for the implementation of the motor vehicle driver education and licensing curriculum recommended under subparagraph (B). ``(D) To develop and recommend to the States methods for harmonizing the presentation of motor vehicle driver education and licensing with the requirements of multistage graduated licensing systems, including systems described in section 410(b)(1)(D) of title 23. ``(E) To provide States with financial assistance under section 30201 of this title for-- ``(i) the implementation of the motor vehicle driver education and licensing curriculum recommended under subparagraph (B); ``(ii) the establishment or improved administration of multistage graduated licensing systems; and ``(iii) the support of other improvements in motor vehicle driver education and licensing programs. ``(F) To perform such other functions relating to motor vehicle driver education or licensing as the Secretary may require.''. SEC. 4. GRANT PROGRAM FOR IMPROVEMENT OF DRIVER EDUCATION AND LICENSING. (a) Authority.--Part A of subtitle VI of title 49, United States Code, is amended by inserting after chapter 301 the following new chapter: ``CHAPTER 302--OTHER DRIVER PROGRAMS ``Sec. ``30201. Driver education and licensing: grant assistance. ``Sec. 30201. Driver education and licensing: grant assistance ``(a) Authority.-- ``(1) In general.--The Secretary shall carry out a program to provide States, by grant, with financial assistance to support the improvement of motor vehicle driver education programs and the establishment and improved administration of graduated licensing systems, including systems described in section 410(b)(1)(D) of title 23. ``(2) Administrative office.--The Secretary shall administer the program under this section through the Director of the National Office of Driver Training. ``(b) Eligibility Requirements.-- ``(1) Regulations.--The Secretary shall prescribe in regulations the eligibility requirements, application and approval procedures and standards, and authorized uses of grant proceeds for the grant program under this section. The regulations shall, at a minimum, authorize use of grant proceeds for the following activities: ``(A) Quality assurance testing. ``(B) Improvement of motor vehicle driver education curricula. ``(C) Training of instructors for motor vehicle driver education programs. ``(D) Monitoring and evaluation of the motor vehicle driver performance of graduates of motor vehicle driver education programs. ``(E) Testing and evaluation of motor vehicle driver performance. ``(F) Public education and outreach regarding motor vehicle driver education and licensing. ``(G) Improvements with respect to State graduated licensing programs, as well as related enforcement activities. ``(2) Consultation requirement.--In prescribing the regulations, the Secretary shall consult with the following: ``(A) The Administrator of the National Highway Traffic Safety Administration. ``(B) The heads of such other departments and agencies of the United States as the Secretary considers appropriate on the basis of relevant interests or expertise. ``(C) Appropriate officials of the governments of States and political subdivisions of States. ``(D) Representatives of private sector organizations recognized for relevant expertise. ``(c) Maximum Amount of Grant.--The maximum amount of a grant of financial assistance for a program, project, or activity under this section may not exceed 75 percent of the total cost of such program, project, or activity.''. (b) Time for Promulgation of Regulations.--The Secretary of Transportation shall promulgate the regulations under section 30201(b) of title 49, United States Code (as added by subsection (a)), not later than October 1, 2004. (c) Authorization of Appropriations.--Funds are authorized to be appropriated for carrying out section 30201(b) of title 49, United States Code (as added by subsection (a)), for fiscal years and in amounts as follows: (1) For fiscal year 2005, $20,000,000. (2) For fiscal year 2006, $22,000,000. (3) For fiscal year 2007, $24,000,000. (4) For fiscal year 2008, $26,000,000. (5) For fiscal year 2009, $28,000,000. (6) For fiscal year 2010, $30,000,000. SEC. 5. GRANT PROGRAM FOR PUBLIC AWARENESS OF ORGAN DONATION THROUGH DRIVER LICENSING PROGRAMS. (a) Authority.-- (1) In general.--Chapter 302 of title 49, United States Code (as added by section 4), is amended by adding at the end the following new section: ``SEC. 30202. ORGAN DONATION THROUGH DRIVER LICENSING: GRANT ASSISTANCE. ``(a) Authority.-- ``(1) In general.--The Secretary shall carry out a program to provide eligible recipients, by grant, with financial assistance to carry out campaigns to increase public awareness of, and training on, authority and procedures under State law to provide for the donation of organs through a declaration recorded on a motor vehicle driver license. ``(2) Administrative office.--The Secretary shall administer the program under this section through the Director of the National Office of Driver Training. ``(b) Eligibility Requirements.-- ``(1) Regulations.--The Secretary shall prescribe in regulations the eligibility requirements, application and approval procedures and standards, and authorized uses of grant proceeds for the grant program under this section. ``(2) Consultation requirement.--In prescribing the regulations, the Secretary shall consult with the following: ``(A) The Administrator of the National Highway Traffic Safety Administration. ``(B) The heads of such other departments and agencies of the United States as the Secretary considers appropriate on the basis of relevant interests or expertise. ``(C) Appropriate officials of the governments of States and political subdivisions of States. ``(D) Representatives of private sector organizations recognized for relevant expertise.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``30202. Organ donation through driver licensing: grant assistance.''. (b) Time for Promulgation of Regulations.--The Secretary of Transportation shall promulgate the regulations under section 30202(b) of title 49, United States Code (as added by subsection (a)), not later than October 1, 2004. (c) Authorization of Appropriations.--Funds are authorized to be appropriated for carrying out section 30201(b) of title 49, United States Code (as added by subsection (a)), for fiscal years and in amounts as follows: (1) For fiscal year 2005, $4,000,000. (2) For fiscal year 2006, $4,000,000. (3) For fiscal year 2007, $4,000,000. (4) For fiscal year 2008, $4,000,000. (5) For fiscal year 2009, $4,000,000. (6) For fiscal year 2010, $4,000,000. SEC. 6. STUDY OF NATIONAL DRIVER EDUCATION STANDARDS. (a) Requirement for Study.--The Secretary of Transportation shall carry out a study to determine whether the establishment and imposition of nationwide minimum standards of motor vehicle driver education would improve national highway traffic safety. (b) Time for Completion of Study.--The Secretary shall complete the study not later than two years after the date of the enactment of this Act. (c) Report.--The Secretary shall publish a report on the results of the study under this section not later than 2 years after the study is completed.

Driver Education and Licensing Improvement Act of 2004 - Modifies eligibility requirements for grants for support of alcohol-impaired driving countermeasures to require a multiple-stage graduated licensing system for young drivers that: (1) authorizes the issuance of an initial license or learner's permit no earlier than the driver's 16th birthday; (2) prohibits a person under age 21 with a blood alcohol concentration of .02 percent or greater from operating a motor vehicle; (3) provides for a learning stage and an intermediate stage of at least six months each; (4) limits the numbers of passengers; (5) limits nighttime driving, and (6) applies special penalties for violations of system restrictions and of other State motor vehicle laws. Establishes a National Office of Driver Training in the National Highway Traffic Safety Administration. Includes among the Office's functions to develop and make available to the States a recommended curriculum that incorporates best practices in driver education and licensing. Directs the Secretary of Transportation to carry out grant programs to provide financial assistance to: (1) States to support the improvement of motor vehicle driver education programs and the establishment and improved administration of graduated licensing systems; and (2) eligible recipients to carry out campaigns to increase public awareness of, and training on, State law authority and procedures to provide for organ donation through a declaration recorded on a driver license. Directs the Secretary to carry out a study to determine whether the establishment and imposition of nationwide minimum standards of driver education would improve national highway traffic safety.

A bill to amend title 23 and 49, United States Code, to improve national highway traffic safety through improved motor vehicle driver education and licensing programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Our Seniors COLA Act of 2011''. SEC. 2. RELIEF PAYMENTS FOR NON-COLA YEARS TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--For each non-COLA year of a program providing benefit payments described in clause (i), (ii), or (iii) of subparagraph (C) or in subparagraph (D), the Secretary of the Treasury shall disburse a cash payment equal to the applicable dollar amount for such non-COLA year to each individual who, for any month during such year, is entitled to such a benefit payment under such program. (B) Definitions.--For purposes of this section-- (i) Non-COLA year.--The term ``non-COLA year'' means, in connection with a program referred to in subparagraph (A), a 12-month period, ending with or during any calendar year after 2009, for which-- (I) a cost-of-living adjustment is generally provided under such program in relation to an index; and (II) such an adjustment does not take effect by reason of the performance of such index. (ii) Applicable dollar amount.--The term ``applicable dollar amount'' for a non-COLA year is-- (I) in the case of a non-COLA year ending with or during 2010 or 2011 and in the case of a later non-COLA year which is not immediately preceded by a non-COLA year, $250; and (II) in the case of a non-COLA year ending after 2011 which is immediately preceded by a non-COLA year, the applicable dollar amount in effect under this clause for such preceding non-COLA year, plus $50. (C) Benefit payment described.--For purposes of subparagraph (A)-- (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii) Veterans benefit.--A benefit payment described in this clause is a compensation or pension payment payable under-- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code, who received that benefit during any month within the 3 month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. (D) SSI cash benefit described.--An SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2) Requirement.--A payment shall be made under paragraph (1) in connection with a non-COLA year only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the current address of record as of the beginning of the non-COLA year under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made in connection with a non-COLA year-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(C)(i) or paragraph (1)(C)(ii)(VIII) if, for the last month of such individual's entitlement in the non-COLA year, such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 of the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); (B) in the case of an individual entitled to a benefit specified in paragraph (1)(C)(iii) if, for the last month of such individual's entitlement in the non- COLA year, such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C) in the case of an individual entitled to a benefit specified in paragraph (1)(D) if, for last month of such individual's entitlement in the non-COLA year, such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (D) in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection (b) to receive a payment under this section. (5) Timing and manner of payments.--The Secretary of the Treasury shall commence disbursing payments under this section with respect to a non-COLA year-- (A) in the case of a non-COLA year ending with or during 2010 or 2011, not later than 90 days after the date of the enactment of this Act; and (B) in the case of a non-COLA year ending after 2010, at the earliest practicable date but in no event later than 90 days after the later of the date of the enactment of this Act or the end of such non-COLA year. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (C) or (D) of paragraph (1). (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (C) or (D) of subsection (a)(1). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (C) or (D) of subsection (a)(1). (4) Payments subject to offset.--Notwithstanding paragraph (3), for purposes of section 3716 of title 31, United States Code, any payment made under this section shall not be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (C) or (D) of subsection (a)(1) and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(C)(i) or (1)(D) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(C)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(C)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title. (e) Appropriation.--Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for each fiscal year beginning on or after October 1, 2011, to remain available until expended, to carry out this section: (1) For the Secretary of the Treasury, such sums as may be necessary for administrative costs incurred in carrying out this section. (2) For the Commissioner of Social Security-- (A) such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section; and (B) such sums as may be certified by the Commissioner to the Secretary of the Treasury for the Social Security Administration's Limitation on Administrative Expenses as necessary for administrative costs incurred in carrying out this section. (3) For the Railroad Retirement Board-- (A) such sums as may be necessary for payments to individuals certified by the Railroad Retirement Board as entitled to receive a payment under this section; and (B) such sums as may be certified by the Board to the Secretary of the Treasury for the Railroad Retirement Board's Limitation on Administration as necessary for administrative costs incurred in carrying out this section. (4)(A) For the Secretary of Veterans Affairs-- (i) such sums as may be necessary for the Compensation and Pensions account, for payments to individuals certified by the Secretary of Veterans Affairs as entitled to receive a payment under this section; and (ii) such sums as may be certified by the Secretary of Veterans Affairs to the Secretary of the Treasury for the Information Systems Technology account and for the General Operating Expenses account as necessary for administrative costs incurred in carrying out this section. (B) The Department of Veterans Affairs Compensation and Pensions account shall hereinafter be available for payments authorized under subsection (a)(1)(A) to individuals entitled to a benefit payment described in subsection (a)(1)(C)(iii).

Seniors Protection Act of 2011 - Directs the Secretary of the Treasury, for each non-cost-of-living (non-COLA) year, to disburse a cash payment to recipients of Social Security, Supplemental Security Income (SSI) under title XVI of the Social Security Act, railroad retirement benefits, and veterans disability compensation or pension benefits. Defines a non-COLA year as a 12-month period for which: (1) a cost-of-living adjustment is generally provided under the pertinent program in relation to an index; but (2) such an adjustment does not take effect by reason of the performance of that index. Makes $250 the payment for any non-COLA year: (1) ending with or during 2011 or 2011, and (2) any non-COLA year not immediately preceded by another non-COLA year. Makes the payment for any non-COLA year ending after 2011 which is immediately preceded by another non-COLA year the same as the payment for that immediately preceding non-COLA year, plus $50.

To provide relief payments for non-COLA years to recipients of social security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits.