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SECTION 1. EMERGENCY WATERSHED PROTECTION DISASTER ASSISTANCE FUND. (a) Definitions.--In this section: (1) Emergency watershed protection program.--The term ``emergency watershed protection program'' means the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203). (2) Fund.--The term ``Fund'' means the Emergency Watershed Protection Disaster Assistance Fund established by subsection (b). (3) Natural disaster.--The term ``natural disaster'' means-- (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Emergency Watershed Protection Disaster Assistance Fund'', to be administered by the Secretary to carry out activities under the emergency watershed protection program. (c) Purpose and Availability of Fund.-- (1) In general.--Subject to subsection (d), amounts in the Fund shall be available to the Secretary, until expended, to provide additional amounts for authorized activities described in subsection (b) in areas affected by a natural disaster. (2) Maintenance of funding.--Amounts in the Fund shall supplement (and not supplant) other Federal funding for natural disasters. (d) Directly Appropriated Amounts.--Amounts appropriated directly to the Fund by this Act or any subsequent Act for a specific purpose shall be available only for that purpose until such time as the transfer authority provided by subsection (f) takes effect with regard to the amounts. (e) Transfer of Prior Appropriations to Fund.-- (1) In general.--The Secretary may transfer to the Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts described in paragraph (2) if, in advance of the transfer, the Secretary-- (A) determines that the unobligated amounts are no longer needed to respond to the natural disaster for which the amounts were originally appropriated; and (B) provides a certification of that determination to the Committees on Appropriations of the House of Representatives and the Senate. (2) Amounts.-- (A) In general.--Amounts described in this paragraph are amounts for the emergency watershed protection program that-- (i) except in the case of funds described in subparagraph (B), remain unobligated as of the date of enactment of this Act; or (ii)(I) are made available under the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4); and (II) are not necessary to fulfill any eligible request for the funds made in accordance with that Act. (B) Emergency designations.-- (i) Emergency designation for statutory paygo.--This subsection is 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)). (ii) Emergency designation for congressional enforcement.--In the Senate, this subsection is designated as an emergency requirement pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (3) Certain funds.-- (A) Preliminary deposit.--Not later than 30 days after the date of enactment of this Act, the Secretary shall transfer to the Fund all amounts described in paragraph (2)(A)(ii) that are in excess of amounts requested in applications received by the Secretary on or before April 18, 2014, in accordance with the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4). (B) Final deposit.--As soon as practicable after the Secretary has made final determinations on all applications described in subparagraph (A), the Secretary shall transfer to the Fund all remaining unobligated amounts described in paragraph (2)(A)(ii). (f) Transfer of Other Appropriations to Fund.-- (1) In general.--Unless otherwise specifically provided in an appropriations Act, the Secretary may transfer to or within the Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2014 or any subsequent fiscal year for the emergency watershed protection program to respond to a natural disaster or are designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary-- (A) determines that the unobligated amounts are no longer needed to respond to the natural disaster for which the amounts were originally appropriated; and (B) provides a certification of that determination to the Committees on Appropriations of the House of Representatives and the Senate. (2) Timing.--A transfer of unobligated amounts with respect to a natural disaster may not be made under this subsection until after the end of the 2-year period beginning on the date on which the amounts were originally appropriated for that natural disaster. (g) Availability of Funds.--Amounts transferred into the Fund under this section shall be available to the Secretary for obligation without further appropriation. (h) Administrative Expenses.--In addition to any other funds available to the Secretary to cover administrative costs, the Secretary may use up to 3 percent of the amounts allocated from the Fund for a specific natural disaster to cover administrative costs of the State and local offices of the Department of Agriculture in the areas affected by the natural disaster to carry out disaster-related activities. (i) Limitation on Per Disaster Obligations.-- (1) In general.--Amounts in the Fund, except for amounts described in subsection (d) that are appropriated to the Fund and obligated in accordance with that subsection, may not be obligated in excess of $1,000,000 for a natural disaster until at least 15 days after the date on which the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate of the determination of the Secretary to obligate additional amounts and the reasons for the determination. (2) Specific and extreme need.--The Secretary may not obligate more than 50 percent of the amounts in the Fund for any 1 natural disaster unless the Secretary declares that there is a specific and extreme need for additional funds to be provided in response to that natural disaster at time of the obligation. (j) Quarterly Reports.--The Secretary shall submit, on a quarterly basis, to the Committees on Appropriations of the House of Representatives and the Senate a report describing the status of the Fund and any transactions that have affected the Fund since the previous report.

Establishes in the Treasury the Emergency Watershed Protection Disaster Assistance Fund to be administered by the Secretary of Agriculture (USDA) to carry out emergency watershed protection activities in natural disaster-affected areas. Sets forth limitations on per disaster obligations.

A bill to establish an emergency watershed protection disaster assistance fund to be available to the Secretary of Agriculture to provide assistance for any natural disaster.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Wage Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) Minimum Wage.-- (1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $8.00 an hour, beginning 30 days after the date of enactment of the Fair Wage Act or January 1, 2017, whichever date is earlier; ``(B) $9.00 an hour, beginning 1 year after the date the wage specified in subparagraph (A) takes effect; ``(C) $10.00 an hour, beginning 2 years after such date; ``(D) $11.00 an hour, beginning 3 years after such date; ``(E) $12.00 an hour, beginning 4 years after such date; ``(F) $13.00 an hour, beginning 5 years after such date; ``(G) $14.00 an hour, beginning 6 years after such date; ``(H) $15.00 an hour, beginning 7 years after such date; and ``(I) beginning 8 years after such date, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h).''. (2) Determination based in increase in consumer price index.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(I) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.''. (b) Publication of Notice.--Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage.''. SEC. 3. CREDIT AGAINST EMPLOYMENT TAXES OF CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL MINIMUM WAGE. (a) In General.--Subchapter B of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 3113. CREDIT FOR CERTAIN EMPLOYERS WHO PAY MORE THAN THE FEDERAL MINIMUM WAGE. ``(a) In General.--In the case of a qualified employer, there shall be allowed as a credit against the tax imposed under section 3111 an amount equal to 6.2 percent of the wages paid by such employer to qualified employees during the calendar year. ``(b) Qualified Employer.--For purposes of this section, the term `qualified employer' means any employer for any calendar year if the lowest hourly wage paid by such employer to the lowest paid employee of such employer (determined on an hourly basis) exceeds the minimum hourly wage in effect for such calendar year under section 6(a)(1) of the Fair Labor Standards Act of 1938 by $1 or more per hour. ``(c) Qualified Employee.--For purposes of this section, the term `qualified employee' means any employee of a qualified employer if-- ``(1) such employee is compensated in wages on an hourly basis, and ``(2) such hourly wage is-- ``(A) not less than $1 more per hour than the minimum hourly wage in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938, ``(B) not more than $15 per hour, and ``(C) in the case of any employee employed by such employer in any preceding calendar year, greater than the highest hourly wage paid by such employer to such employee during any such preceding calendar year. ``(d) Special Rules.--Wages shall be taken into account in determining the amount of the credit allowed under subsection (a) only if such wages are paid by the employer-- ``(1) with respect to employment (as defined in section 3121(b)), and ``(2) in the ordinary course of the employer's trade or business.''. (b) Trust Funds Held Harmless.--The amount of any transfer, appropriation, or credit to any trust fund shall be determined without regard to the amendment made by subsection (a). (c) Effective Date.--The amendment made by subsection (a) shall apply to wages paid after the date that is 30 days after the date of enactment of this Act or January 1, 2017, whichever date is earlier.

Fair Wage Act This bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage for employees to: $8.00 an hour 30 days after this Act's enactment date or January 1, 2017, whichever date is earlier; $9.00 an hour, one year after the date the $8.00 an hour wage takes effect; $10.00 an hour, after two years; $11.00 an hour, after three years; $12.00 an hour, after four years; $13.00 an hour, after five years; $14.00 an hour, after six years; $15.00 an hour, after seven years; and the amount determined by the Department of Labor (based on increases in the Consumer Price Index) eight years after such date and annually thereafter. The bill directs Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on Labor's website. The bill amends the Internal Revenue Code to allow an employer who pays at least $1 more per hour than the federal minimum wage, but not more than $15 per hour, a credit against the employment tax equal to 6.2% of wages paid by such employer during the calendar year.

Fair Wage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contact Lens Consumer Health Protection Act of 2016''. SEC. 2. IMPROVEMENT OF CONTACT LENS PRESCRIBER VERIFICATION PROCESS. (a) In General.--Section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended-- (1) in subsection (c), by adding at the end the following: ``(7) A toll-free telephone number and email address for prescribers to call or email with questions relating to a verification request, as required under subsection (i).''; (2) in subsection (d)(3)-- (A) by striking ``, or a similar time as defined by the Federal Trade Commission,''; (B) by inserting ``(A)'' before ``The prescriber''; and (C) by adding at the end the following: ``(B) If a prescriber communicates a question or concern about the accuracy of the prescription, or any other matter relating to the verification of the prescription, to a seller through the toll-free telephone service or dedicated email address required under subsection (i) before such 8-business- hour period has ended, the prescription shall be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber.''; (3) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; (4) by amending subsection (f), as redesignated by paragraph (3), to read as follows: ``(f) Invalid Prescriptions and Questions Concerning Accuracy.-- ``(1) Invalid prescriptions.--If a prescriber informs a seller before the deadline set forth in subparagraph (A) of subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid-- ``(A) the seller shall not fill the prescription; and ``(B) the prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. ``(2) Questions concerning accuracy.--If a prescriber communicates a question or concern about the accuracy of a prescription as described in subsection (d)(3)(B) before the deadline set forth in such subsection-- ``(A) the seller shall not fill the prescription; and ``(B) the prescriber shall provide the seller with an accurate prescription. ``(3) Correction.--In any case, if the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it.''; (5) by adding after subsection (d) the following: ``(e) Prescriber Preferred Method of Communication.-- ``(1) In general.--A prescriber may provide written notification to a seller requesting that all requests for verification from that seller be communicated to that prescriber by that prescriber's preferred method or methods of communication, selected from among the methods of communication offered by the seller pursuant to paragraph (2). ``(2) Methods offered.--Each seller shall offer a prescriber methods for communication for selection as the prescriber's preferred method or methods of communication under paragraph (1). Such offer-- ``(A) shall include-- ``(i) live telephone; ``(ii) facsimile; and ``(iii) email; and ``(B) may include such additional methods of communication as the seller considers appropriate. ``(3) Requirement.--In a case in which a prescriber, pursuant to paragraph (1), provides written notification to a seller indicating a preferred method or methods of communication as described in such paragraph, the seller may only request verification from the prescriber through the method or methods indicated.''; and (6) by inserting after subsection (h), as redesignated by paragraph (3), the following: ``(i) Telephone Service and Dedicated Email Address.-- ``(1) In general.--A seller of contact lenses who requests verification of any contact lens prescription shall provide-- ``(A) a toll-free telephone service that is operable during regular business hours and operated by live persons; and ``(B) a dedicated email address for the sole purpose of responding to prescribers' questions and concerns regarding verification requests. ``(2) Capacity.--Such toll-free telephone service shall maintain a sufficient number of working telephone lines operated by live persons to enable ready access by prescribers to the service.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 3. MODIFICATION OF PROHIBITION ON ALTERATION OF CONTACT LENS PRESCRIPTIONS. (a) In General.--Subsection (f) of section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended to read as follows: ``(f) No Alteration.-- ``(1) In general.--A seller may not alter a contact lens prescription and when dispensing a contact lens prescription, may only dispense such prescription exactly as written by the prescriber. ``(2) Private labels.--In a case in which a private label contact lens is included on the contact lens prescription and the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens of exactly the same material, design, and power as manufactured by that company under another label.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 4. REQUIREMENTS FOR IMPROVED RECORDKEEPING BY SELLERS OF CONTACT LENSES. Section 4(b) of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603(b)) is amended-- (1) by striking ``A seller'' and inserting the following: ``(1) Communications generally.--A seller''; and (2) by adding at the end the following: ``(2) Prescriptions.--Each seller shall maintain a database that includes, for each prescription received by a seller, the following: ``(A) The date on which the prescription was issued. ``(B) The specified expiration date of the prescription. ``(3) Preferred methods of communication.--For each written notification that a seller receives under subsection (e)(1), the seller shall keep a copy of such notification for a period of not less than 3 years.''. SEC. 5. PROHIBITION ON REPRESENTATION IN ADVERTISING THAT PRESCRIPTIONS FOR CONTACT LENSES MAY BE FILLED AFTER EXPIRATION DATE. Section 6 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7605) is amended-- (1) by striking ``that contact'' and inserting the following: ``that-- ``(1) contact''; (2) in paragraph (1), as designated by paragraph (1) of this section, by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(2) a prescription for a contact lens may be filled after the expiration date of the prescription.''. SEC. 6. INCREASED PENALTIES FOR SELLERS OF CONTACT LENSES WHO VIOLATE REQUIREMENTS RELATING TO PRESCRIBER VERIFICATION. (a) In General.--Subsection (b) of section 9 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7608) is amended by striking the period at the end and inserting ``, except that fines imposed for a violation of section 4 of this Act may be in an amount up to $40,000 per violation.''. (b) Clarification of Applicability.--Such section is further amended by adding at the end the following new subsection: ``(c) Applicability.--This chapter shall apply to all sales of contact lenses in the United States and the sellers involved in such sales, notwithstanding where the seller is located.''. SEC. 7. CONTACT LENS CONSUMER COMPLIANCE AND SAFETY STUDY. (a) Study Required.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall conduct a study to examine the adverse and potentially adverse effects on consumers of violations by sellers of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.), as amended by section 2, particularly with respect to matters regarding prescription verification, business practices, and enforcement by the Federal Trade Commission of such Act. (b) Elements.--The study required by subsection (a) shall specifically address the following: (1) The overfilling of prescriptions with quantities of lenses such that the normal expiration dates of the prescriptions will be exceeded. (2) The dispensing of prescriptions that have expired or are inaccurate. (3) The failure by a seller to allow prescribers to contact the seller within 8 business hours to advise that a prescription is inaccurate or expired. (4) The health risks to the consumer of receiving an incorrect prescription from a seller, or issues with patient access to the medically prescribed contact lenses. (5) The economic risks to the consumer of receiving an incorrect prescription from a seller. (6) The improper advertising to consumers about what constitutes a valid prescription or valid prescription information, or advertising that no prescription is needed. (7) Such other matters regarding the effects on the health of the consumers from violations of the verification or sales requirements of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.) as the Secretary considers appropriate. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and the Federal Trade Commission a report on the study required by subsection (a). SEC. 8. MODIFICATION OF DEFINITIONS. (a) In General.--Section 11 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7610) is amended-- (1) in paragraph (3), by amending subparagraph (E) to read as follows: ``(E) Power, material, manufacturer, or device name.''; and (2) by adding at the end the following: ``(4) Business hour.--The term `business hour' means, with respect to a prescriber, any hour during a business day within the period beginning at 9:00 in the morning and ending at 5:00 in the evening in the time zone of the prescriber. ``(5) Business day.--The term `business day' means any day other than Saturday and Sunday and other than a legal holiday (within the meaning of section 7503 of the Internal Revenue Code of 1986).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

Contact Lens Consumer Health Protection Act of 2016 This bill amends the Fairness to Contact Lens Consumers Act to require contact lens sellers to provide a toll-free telephone number and email address that prescribers can use to ask questions about a seller's prescription verification request. Under current law, a prescription is considered verified if the prescriber fails to communicate with the seller within eight business hours after receiving the seller-provided verification information. The bill requires the prescription to be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber in cases where a prescriber communicates a question or concern about the accuracy or verification of the prescription to a seller through the toll-free telephone service or email address before the end of that eight-hour period. The bill removes the Federal Trade Commission's authority to adjust the eight-hour period. If a prescriber communicates a question or concern about the accuracy of a prescription before the deadline: (1) the seller shall not fill the prescription, and (2) the prescriber shall provide the seller with an accurate prescription. Sellers must offer prescribers different communication methods that the prescribers may select as their preferred method for verification requests. The bill allows a seller to alter a prescription only if: (1) a private label contact lens is included on the prescription and the same contact lens is manufactured by the same company and sold under multiple labels to individual providers; and (2) the seller fills the prescription with a contact lens of exactly the same material, design, and power as manufactured by that company under another label. Sellers must maintain a database of the issuance and expiration dates of each prescription they receive. The bill prohibits advertisements representing that a contact lens prescription may be filled after the prescription expires. Sellers violating certain prescriber verification requirements are subject to increased penalties of up to $40,000 per violation. Such requirements apply to all contact lens sales in the United States, notwithstanding where the seller is located. The Centers for Disease Control and Prevention must examine the potentially adverse effects of seller violations on consumers.

Contact Lens Consumer Health Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postresearch Chimpanzee Care Act''. SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY OWNED OR SUPPORTED CHIMPANZEES NO LONGER NEEDED FOR RESEARCH. Subpart 1 of part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by inserting after section 481B the following section: ``sanctuary system for surplus chimpanzees ``Sec. 481C. (a) In General.--The Secretary shall provide for the establishment and operation in accordance with this section of a system to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, and with respect to which it has been determined by the Secretary that the chimpanzees are not needed for such research (in this section referred to as `surplus chimpanzees'). ``(b) Administration of Sanctuary System.--The Secretary shall carry out this section, including the establishment of regulations under subsection (d), in consultation with the board of directors of the nonprofit private entity that receives the contract under subsection (e) (relating to the operation of the sanctuary system). ``(c) Acceptance of Chimpanzees into System.--All surplus chimpanzees owned by the Federal Government shall be accepted into the sanctuary system. Subject to standards under subsection (d)(3), any surplus chimpanzee that is not owned by the Federal Government shall be accepted into the system if the owner transfers to the Federal Government title to the chimpanzee. ``(d) Standards for Permanent Retirement of Surplus Chimpanzees.-- ``(1) In general.--The Secretary shall by regulation establish standards for operating the sanctuary system to provide for the permanent retirement of surplus chimpanzees. In establishing the standards, the Secretary shall consider the recommendations of the National Research Council applicable to surplus chimpanzees that are made in the report published in 1997 and entitled `Chimpanzees in Research--Strategies for Their Ethical Care, Management, and Use'. ``(2) Chimpanzees accepted into system.--With respect to chimpanzees that are accepted into the sanctuary system, standards under paragraph (1) shall include the following: ``(A) A prohibition that the chimpanzees may not be used for research. This subparagraph does not prohibit noninvasive behavioral studies of the chimpanzees, or medical studies conducted during the course of normal veterinary care that is provided for the benefit of the chimpanzees. ``(B) Provisions regarding the housing of the chimpanzees. ``(C) Provisions regarding the behavioral well- being of the chimpanzees. ``(D) A requirement that the chimpanzees be cared for in accordance with the Animal Welfare Act. ``(E) A requirement that the chimpanzees be prevented from breeding. ``(F) A requirement that complete histories be maintained on the health and use in research of the chimpanzees. ``(G) A requirement that the chimpanzees be monitored for the purpose of promptly detecting the presence in the chimpanzees of any condition that may be a threat to the public health. ``(H) A requirement that chimpanzees posing such a threat be contained in accordance with applicable recommendations of the Director of the Centers for Disease Control and Prevention. ``(I) A prohibition that the chimpanzees may not be discharged from the system. ``(J) A provision that the Secretary may, in the discretion of the Secretary, accept into the system chimpanzees that are not surplus chimpanzees. ``(K) Such additional standards as the Secretary determines to be appropriate. ``(3) Non-federal chimpanzees offered for acceptance into system.--With respect to a surplus chimpanzee that is not owned by the Federal Government and is offered for acceptance into the sanctuary system, standards under paragraph (1) shall include the following: ``(A) A provision that the Secretary may authorize the imposition of a fee for accepting such chimpanzee into the system, except as follows: ``(i) Such a fee may not be imposed for accepting the chimpanzee if, on the day before the date of the enactment of the Postresearch Chimpanzee Care Act, the chimpanzee was owned by the nonprofit private entity that receives the contract under subsection (e). ``(ii) Such a fee may not be imposed for accepting the chimpanzee if the chimpanzee is owned by an entity that operates a primate center, and if the chimpanzee is housed in the primate center pursuant to the program for regional centers for research on primates that is carried out by the National Center for Research Resources. Any fees collected under this subparagraph are available to the Secretary for the costs of operating the system. Any other fees received by the Secretary for the long-term care of chimpanzees (including any Federal fees that are collected for such purpose and are identified in the report under section 3 of the Postresearch Chimpanzee Care Act) are available for operating the system, in addition to availability for such other purposes as may be authorized for the use of the fees. ``(B) A provision that the Secretary may deny such chimpanzee acceptance into the system if the capacity of the system is not sufficient to accept the chimpanzee, taking into account the physical capacity of the system; the financial resources of the system; the number of individuals serving as the staff of the system, including the number of professional staff; the necessity of providing for the safety of the staff and of the public; the necessity of caring for accepted chimpanzees in accordance with the standards under paragraph (1); and such other factors as may be appropriate. ``(C) A provision that the Secretary may deny such chimpanzee acceptance into the system if a complete history of the health and use in research of the chimpanzee is not available to the Secretary. ``(D) Such additional standards as the Secretary determines to be appropriate. ``(e) Award of Contract for Operation of System.-- ``(1) In general.--Subject to the availability of funds pursuant to subsection (g), the Secretary shall make an award of a contract to a nonprofit private entity under which the entity has the responsibility of operating (and establishing, as applicable) the sanctuary system. ``(2) Requirements.--The Secretary may make an award under paragraph (1) to a nonprofit private entity only if the entity meets the following requirements: ``(A) The entity has a governing board of directors that is composed and appointed in accordance with paragraph (3) and is satisfactory to the Secretary. ``(B) The terms of service for members of such board are in accordance with paragraph (3). ``(C) The members of the board serve without compensation. The members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the board. ``(D) The entity has an executive director meeting such requirements as the Secretary determines to be appropriate. ``(E) The entity makes the agreement described in paragraph (4) (relating to non-Federal contributions). ``(F) The entity agrees to comply with standards under subsection (d). ``(G) Such other requirements as the Secretary determines to be appropriate. ``(3) Board of directors.--For purposes of subparagraphs (A) and (B) of paragraph (2): ``(A) The governing board of directors of the nonprofit private entity involved is composed and appointed in accordance with this paragraph if the following conditions are met: ``(i) Such board is composed of not more than 15 voting members. ``(ii) Such members include individuals with expertise and experience in the science of managing captive chimpanzees (including primate veterinary care), appointed from among individuals endorsed by organizations that represent individuals in such field. ``(iii) Such members include individuals with expertise and experience in the field of animal protection, appointed from among individuals endorsed by organizations that represent individuals in such field. ``(iv) Such members include individuals with expertise and experience in the zoological field (including behavioral primatology), appointed from among individuals endorsed by organizations that represent individuals in such field. ``(v) Such members include individuals with expertise and experience in the field of the business and management of nonprofit organizations, appointed from among individuals endorsed by organizations that represent individuals in such field. ``(vi) Such members include representatives from entities that provide accreditation in the field of laboratory animal medicine. ``(vii) Such members include individuals with expertise and experience in the field of containing biohazards. ``(viii) Such members include an additional member who serves as the chair of the board, appointed from among individuals who have been endorsed for purposes of clause (ii), (iii), (iv), or (v). ``(ix) None of the members of the board has been fined for a violation of the Animal Welfare Act. ``(B) The terms of service for members of the board of directors are in accordance with this paragraph if the following conditions are met: ``(i) The term of the chair of the board is three years. ``(ii) The initial members of the board select, by a random method, one member from each of the four fields specified in subparagraph (A) to serve a term of two years and (in addition to the chair) one member from each of such fields to serve a term of three years. ``(iii) After the initial terms under clause (ii) expire, each member of the board (other than the chair) is appointed to serve a term of two years. ``(iv) An individual whose term of service expires may be reappointed to the board. ``(v) A vacancy in the membership of the board is filled in the manner in which the original appointment was made. ``(vi) If a member of the board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy is appointed for the remainder of the term of the predecessor member. ``(4) Requirement of matching funds.--The agreement required in paragraph (2)(E) for a nonprofit private entity (relating to the award of the contract under paragraph (1)) is an agreement that, with respect to the costs to be incurred by the entity in establishing and operating the sanctuary system, the entity will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs, in cash or in kind, in an amount not less than the following, as applicable: ``(A) For expenses associated with establishing the sanctuary system (as determined by the Secretary), 10 percent of such costs ($1 for each $9 of Federal funds provided under the contract under paragraph (1)). ``(B) For expenses associated with operating the sanctuary system (as determined by the Secretary), 50 percent of such costs ($1 for each $1 of Federal funds provided under such contract). ``(5) Establishment of contract entity.--If the Secretary determines that an entity meeting the requirements of paragraph (2) does not exist, the Secretary may for purposes of paragraph (1) make a grant for the establishment of such an entity, including paying the cost of incorporating the entity under the law of one of the States. ``(f) Definitions.--For purposes of this section: ``(1) The term `permanent retirement', with respect to a surplus chimpanzee, means that the chimpanzee has been accepted into the sanctuary system, that under subsection (a) the system provides for the lifetime care of the chimpanzee, that under subsection (d)(2) the system does not permit the chimpanzee to be used in research, that under such subsection the system will not discharge the chimpanzee from the system, and that under such subsection the system otherwise cares for the chimpanzee. ``(2) The term `sanctuary system' means the system described in subsection (a). ``(3) The term `surplus chimpanzees' has the meaning indicated for such term in subsection (a). ``(g) Funding.-- ``(1) In general.--Of the amount appropriated under this Act for fiscal year 2000 and each subsequent fiscal year, the Secretary, subject to paragraph (2), shall reserve a portion for purposes of the operation (and establishment, as applicable) of the sanctuary system, except that the Secretary may not for such purposes reserve any further funds from such amount after the aggregate total of the funds so reserved for such fiscal years reaches $15,000,000. The purposes for which funds reserved under the preceding sentence may be expended include the construction and renovation of facilities for the sanctuary system, subject to section 496(b). ``(2) Limitation.--Funds may not be reserved for a fiscal year under paragraph (1) unless the amount appropriated under this Act for such year equals or exceeds the amount appropriated under this Act for fiscal year 1998.''. SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES. With respect to chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, the Secretary of Health and Human Services shall, not later than 120 days after the date of the enactment of this Act, submit to the Congress a report providing the following information: (1) The number of such chimpanzees in the United States, whether owned or held by the Federal Government, any of the States, or private entities. (2) An identification of any requirement imposed by the Federal Government that, as a condition of the use of such a chimpanzee in research by a non-Federal entity-- (A) fees be paid by the entity to the Federal Government for the purpose of providing for the care of the chimpanzee (including any fees for long-term care); or (B) funds be provided by the entity to a State, unit of local government, or private entity for an endowment or other financial account whose purpose is to provide for the care of the chimpanzee (including any funds provided for long-term care). (3) An accounting for fiscal years 1997 and 1998 of all fees paid and funds provided by non-Federal entities pursuant to requirements described in subparagraphs (A) and (B) of paragraph (2). (4) In the case of such fees, a specification of whether the fees were available to the Secretary (or other Federal officials) pursuant to annual appropriations Acts or pursuant to permanent appropriations.

Postresearch Chimpanzee Care Act - Amends title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to provide for the establishment and operation of a national sanctuary system for all surplus federally owned chimpanzees that are no longer needed in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other Federal agencies. Mandates that any surplus chimpanzee that is not owned by the Federal Government be accepted into the system if the owner transfers title to the chimpanzee to the Federal Government. Provides for standards for permanent retirement of surplus chimpanzees into the system. Requires such standards to authorize the Secretary to authorize imposition of a fee (except in certain circumstances) for accepting a non-Federal chimpanzee into the system. Outlines provisions for the awarding of contracts for operation of the system. Provides for funding.

Postresearch Chimpanzee Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Eye Trauma Treatment Act of 2007''. SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES. (a) Establishment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries ``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries'. ``(b) Partnerships.--The Secretary shall ensure that the Center collaborates 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 (c). ``(c) Responsibilities.--(1) The Center shall-- ``(A) develop, implement, and oversee a registry of information for the tracking of the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of significant eye injury incurred by a member of the armed forces while serving on active duty; ``(B) ensure the electronic exchange with the Secretary of Veterans Affairs of information obtained through tracking under subparagraph (A); and ``(C) enable the Secretary of Veterans Affairs to access the registry and add information pertaining to additional treatments or surgical procedures and eventual visual outcomes for veterans who were entered into the registry and subsequently received treatment through the Veterans Health Administration. ``(2) The registry under this subsection shall be known as the `Military Eye Injury Registry' (hereinafter referred to as the `Registry'). ``(3) The Center shall develop the Registry in consultation with the ophthalmological specialist personnel and optometric specialist personnel of the Department of Defense and the ophthalmological specialist personnel and optometric specialist personnel of the Department of Veterans Affairs. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other eye injuries. ``(4) The mechanisms of the Registry for tracking under paragraph (1)(A) shall ensure that each military medical treatment facility or other medical facility shall submit to the Center for inclusion in the Registry information on the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of eye injury described in that paragraph as follows (to the extent applicable): ``(A) Not later than 30 days after surgery or other operative intervention, including a surgery or other operative intervention carried out as a result of a follow-up examination. ``(B) Not later than 180 days after the significant eye injury is reported or recorded in the medical record. ``(5)(A) The Center shall provide notice to the Blind Rehabilitation Service of the Department of Veterans Affairs and to the eye care services of the Veterans Health Administration on each member of the armed forces described in subparagraph (B) for purposes of ensuring the coordination of the provision of ongoing eye care and visual rehabilitation benefits and services by the Department of Veterans Affairs after the separation or release of such member from the armed forces. ``(B) A member of the armed forces described in this subparagraph is a member of the armed forces as follows: ``(i) A member with a significant eye injury incurred while serving on active duty, including a member with visual dysfunction related to traumatic brain injury. ``(ii) A member with an eye injury incurred while serving on active duty who has a visual acuity of 20/200 or less in the injured eye. ``(iii) A member with an eye injury incurred while serving on active duty who has a loss of peripheral vision resulting in twenty degrees or less of visual field in the injured eye. ``(d) Utilization of Registry Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that information in the Military Eye Injury Registry is available to appropriate ophthalmological and optometric personnel of the Department of Veterans Affairs for purposes of encouraging and facilitating the conduct of research, and the development of best practices and clinical education, on eye injuries incurred by members of the armed forces in combat.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item: ``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries.''. (b) Inclusion of Records of OIF/OEF Veterans.--The Secretary of Defense shall take appropriate actions to include in the Military Eye Injury Registry established under section 1105a of title 10, United States Code (as added by subsection (a)), such records of members of the Armed Forces who incurred an eye injury while serving on active duty on or after September 11, 2001, but before the establishment of the Registry, as the Secretary considers appropriate for purposes of the Registry. (c) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added), including the progress made in establishing the Military Eye Injury Registry required under that section. (d) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In carrying out the program at Walter Reed Army Medical Center, District of Columbia, on Traumatic Brain Injury Post Traumatic Visual Syndrome, the Secretary of Defense and the Department of Veterans Affairs shall jointly provide for the conduct of a cooperative program for members of the Armed Forces and veterans with Traumatic Brain Injury by military medical treatment facilities of the Department of Defense and medical centers of the Department of Veterans Affairs selected for purposes of this subsection for purposes of vision screening, diagnosis, rehabilitative management, and vision research, including research on prevention, on visual dysfunction related to Traumatic Brain Injury. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for Defense Health Program, $5,000,000 for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added).

Military Eye Trauma Treatment Act of 2007 - Directs the Secretary of Defense (Secretary) to establish within the Department of Defense (DOD) the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries to: (1) develop and oversee the Military Eye Injury Registry for tracking the diagnosis, treatment, and follow-up for each case of eye injury incurred by a member of the Armed Forces while on active duty; and (2) ensure the electronic exchange of Registry information with the Secretary of Veterans Affairs. Requires the Secretary to: (1) include in the Registry records of members who incurred eye injuries while on active duty on or after September 11, 2001, but before the Registry's establishment; and (2) report to Congress on the Center's establishment. Directs the Secretary and the Department of Veterans Affairs (VA) to conduct a cooperative study on neuro-optometric screening and diagnosis of members with traumatic brain injury (TBI) by military medical treatment facilities and VA medical centers for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to TBI.

To provide for the establishment of a Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prosecutors Retirement Benefit Equity Act of 2001''. SEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW ENFORCEMENT OFFICER. (a) Civil Service Retirement System.-- (1) In general.--Paragraph (20) of section 8331 of title 5, United States Code, is amended by striking ``position.'' and inserting ``position and a Federal prosecutor.''. (2) Federal prosecutor defined.--Section 8331 of title 5, United States Code, is amended-- (A) in paragraph (27), by striking ``and'' at the end; (B) in paragraph (28), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(29) `Federal prosecutor' means-- ``(A) an assistant United States attorney under section 542 of title 28; or ``(B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States.''. (b) Federal Employees' Retirement System.-- (1) In general.--Paragraph (17) of section 8401 of title 5, United States Code, is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(E) a Federal prosecutor;''. (2) Federal prosecutor defined.--Section 8401 of title 5, United States Code, is amended-- (A) in paragraph (33), by striking ``and'' at the end; (B) in paragraph (34), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(35) `Federal prosecutor' means-- ``(A) an assistant United States attorney under section 542 of title 28; or ``(B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States.''. (c) Treatment Under Certain Provisions of Law (Unrelated to Retirement) To Remain Unchanged.-- (1) Original appointments.--Subsections (d) and (e) of section 3307 of title 5, United States Code, are amended by adding at the end of each the following: ``The preceding sentence shall not apply in the case of an original appointment of a Federal prosecutor as defined under section 8331(29) or 8401(35).''. (2) Mandatory separation.--Sections 8335(b) and 8425(b) of title 5, United States Code, are amended by adding at the end of each the following: ``The preceding provisions of this subsection shall not apply in the case of a Federal prosecutor as defined under section 8331(29) or 8401(35).''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after 120 days after the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Definitions.--In this section, the term-- (1) ``Federal prosecutor'' means-- (A) an assistant United States attorney under section 542 of title 28, United States Code; or (B) an attorney employed by the Department of Justice and designated by the Attorney General of the United States; and (2) ``incumbent'' means an individual who is serving as a Federal prosecutor on the effective date of this section. (b) Designated Attorneys.--If the Attorney General of the United States makes any designation of an attorney to meet the definition under subsection (a)(1)(B) for purposes of being an incumbent under this section,-- (1) such designation shall be made before the effective date of this section; and (2) the Attorney General shall submit to the Office of Personnel Management before that effective date-- (A) the name of the individual designated; and (B) the period of service performed by that individual as a Federal prosecutor before that effective date. (c) Notice Requirement.--Not later than 9 months after the date of enactment of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents on-- (1) their election rights under this Act; and (2) the effects of making or not making a timely election under this Act. (d) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, to be treated-- (A) in accordance with the amendments made by this Act; or (B) as if this Act had never been enacted. (2) Failure to elect.--Failure to make a timely election under this subsection shall be treated in the same way as an election under paragraph (1)(A), made on the last day allowable under paragraph (3). (3) Time limitation.--An election under this subsection shall not be effective unless the election is made not later than the earlier of-- (A) 120 days after the date on which the notice under subsection (c) is provided; or (B) the date on which the incumbent involved separates from service. (e) Limited Retroactive Effect.-- (1) Effect on retirement.--In the case of an incumbent who elects (or is deemed to have elected) the option under subsection (d)(1)(A), all service performed by that individual as a Federal prosecutor shall-- (A) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, as amended by this Act; and (B) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of such title, as if the amendments made by this Act had then been in effect. (2) No other retroactive effect.--Nothing in this Act (including the amendments made by this Act) shall affect any of the terms or conditions of an individual's employment (apart from those governed by subchapter III of chapter 83 or chapter 84 of title 5, United States Code) with respect to any period of service preceding the date on which such individual's election under subsection (d) is made (or is deemed to have been made). (f) Individual Contributions for Prior Service.-- (1) In general.--An individual who makes an election under subsection (d)(1)(A) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing.--If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (3) Prior service defined.--For purposes of this section, the term ``prior service'' means, with respect to any individual who makes an election under subsection (d)(1)(A), service performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election. (g) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (d)(1)(A), the Department of Justice 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, the amount required under paragraph (2) with respect to such service. (2) Amount required.--The amount the Department of Justice is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (over and above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the Department of Justice ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (f)(3). (h) Regulations.--Except as provided under section 4, the Office of Personnel Management shall prescribe regulations necessary to carry out this Act, including provisions under which any interest due on the amount described under subsection (f) shall be determined. (i) Effective Date.--This section shall take effect 120 days after the date of enactment of this Act. SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS. (a) Definition.--In this section the term ``Federal prosecutor'' has the meaning given under section 3(a)(1). (b) Regulations.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Attorney General of the United States shall-- (A) consult with the Office of Personnel Management on this Act (including the amendments made by this Act); and (B) promulgate regulations for making designations of Federal prosecutors who are not assistant United States attorneys. (2) Contents.--Any regulations promulgated under paragraph (1) shall ensure that attorneys designated as Federal prosecutors who are not assistant United States attorneys have routine employee responsibilities that are substantially similar to those of assistant United States attorneys assigned to the litigation of criminal cases, such as the representation of the United States before grand juries and in trials, appeals, and related court proceedings. (c) Designations.--The designation of any Federal prosecutor who is not an assistant United States attorney for purposes of this Act (including the amendments made by this Act) shall be at the discretion of the Attorney General of the United States.

Federal Prosecutors Retirement Benefit Equity Act of 2001 - Amends Federal civil service law to include Federal prosecutors within the definition of "law enforcement officer" (LEO). Extends LEO benefits under the Civil Service Retirement System and the Federal Employees' Retirement System to Federal prosecutors, including Assistant United States Attorneys (AUSAs), and such other attorneys in the Department of Justice (DOJ) as may be designated by the Attorney General. Exempts Federal prosecutors from mandatory retirement provisions for LEOs under the civil service laws.Requires DOJ to provide notice to incumbent Federal prosecutors of their rights under this Act. Allows incumbents to opt out of the LEO retirement program. Sets forth provisions governing the crediting of prior service by incumbents. Provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund.Gives incumbents the option of either contributing to their own share of any make-up contributions or receiving a proportionally lesser retirement benefit. Allows the Government to contribute its share of any make-up contribution ratably over a ten-year period.

A bill to amend subchapter III of chapter 83 and chapter 84 of title 5, United States Code, to include Federal prosecutors within the definition of a law enforcement officer, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance Authorization Act of 2007''. SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS. None of the amounts authorized by this Act may be used to lobby or retain a lobbyist for the purpose of influencing a Federal, State, or local governmental entity or officer. SEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL. (a) Use.--The Secretary of Housing and Urban Development may provide financial assistance to the Housing Assistance Council for use by such Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Assistance provided by the Secretary under this section may be used by the Housing Assistance Council for-- (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; (2) loans, grants, or other financial assistance to rural community-based housing development organizations to carry out community development and affordable housing activities for low- and moderate-income families; and (3) such other activities as may be determined by the Secretary and the Housing Assistance Council. (b) Authorization of Appropriations.--There is authorized to be appropriated for financial assistance under this section for the Housing Assistance Council-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Raza Development Fund for the purpose of providing technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Assistance provided by the Secretary under this section may be used by the Raza Development Fund to-- (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities, including private financial institutions, insurance companies, and private philanthropic organizations; (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving low- income households, including Hispanic households; and (4) conduct such other activities as may be determined by the Secretary and the Raza Development Fund. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Housing Partnership Network (hereafter referred to as the ``Network'') for the purpose of creating, sustaining, and improving access to affordable housing and community facilities that benefit very low-, low- and moderate-income households and communities. Assistance provided by the Secretary under this section may be used by the Network to-- (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital for the purpose of furthering the production capacity, sustainability, or efficiency of its members; (3) pay for the necessary and reasonable expenses of the Network to administer and oversee such investments, including the cost of underwriting, managing the assets of the Network, and reporting to the Secretary and other capital providers, provided however, that such expenses do not exceed 6 percent of any amounts made available pursuant to subsection (b); and (4) conduct such other activities as may be determined by the Secretary and the Network. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 6. AUDITS AND REPORTS. (a) Audit.--In any year in which an entity or organization described under either section 3, 4, or 5 receives funds under this Act, the Comptroller General of the United States shall-- (1) audit the financial transactions and activities of such entity or organization only with respect to such funds so received; and (2) submit a report detailing such audit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (b) GAO Report.--The Comptroller General of the United States shall conduct a study and 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 Representative on the use of any funds appropriated to an entity or organization described under either section 3, 4, or 5 over the past 10 years. SEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. None of the funds made available under this Act may be used to provide direct housing assistance to any person not lawfully present in the United States.

Housing Assistance Authorization Act of 2007 - (Sec. 2) Prohibits the use of funds authorized by this Act to lobby or retain a lobbyist to influence a federal, state, or local governmental entity or officer. (Sec. 3) Authorizes the Secretary of Housing and Urban Development (HUD) to provide financial assistance to the Housing Assistance Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Authorizes the Housing Assistance Council to use such assistance for: (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; and (2) loans, grants, or other financial assistance to such organizations to carry out community development and affordable housing activities for low- and moderate-income families. Authorizes appropriations for FY2008-FY2010. (Sec. 4) Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Authorizes the Fund to use such assistance to: (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities; and (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving such low-income households. Authorizes appropriations for FY2008-FY2010. (Sec. 5) Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low- and moderate-income households and communities. Authorizes the Network to use such assistance to: (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital to further the production capacity, sustainability, or efficiency of its members; and (3) pay for the expenses of the Network to administer and oversee such investments. Authorizes appropriations for FY2008-FY2010. Directs the Comptroller General to audit entities or organizations receiving such funds. (Sec. 7) Prohibits the use of such funds to provide direct housing assistance to any person not lawfully present in the United States.

An original bill to authorize appropriations for assistance for the Housing Assistance Council, the Raza Development Fund, and for the Housing Partnership Network (HPN) and its members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief for Long-Term Care Act of 2008''. SEC. 2. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (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 25D the following new section: ``SEC. 25E. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer and the taxpayer's spouse and dependents under a qualified long-term care insurance contract (as defined in section 7702B(b)); and ``(B) the long-term care amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(2) Long-term care amount.--For purposes of paragraph (1), the long-term care amount shall be determined in accordance with the following table: ``For taxable years The long-term beginning in calender year-- care amount is-- 2009............................................... $1,000 2010............................................... $1,500 2011............................................... $2,000 2012............................................... $2,500 2013 or thereafter................................. $3,000. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(3) Coordination.--For purposes of this section, the reduction under paragraph (1) shall be treated as first being a reduction in the long-term care amount to the extent thereof. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2009, each dollar amount contained in paragraph (2) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `August 2008' for `August 1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Notwithstanding the preceding sentence, a certification shall not be treated as valid unless it is made within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes). ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to preform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151(c) for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test under subsection (c)(1)(D) or (d)(1)(C) of section 152. ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest adjusted gross income shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Coordination With Other Deductions.--Any amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a).''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25E(d) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) 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 25D the following new item: ``Sec. 25E. Credit for long-term care insurance premiums and for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Tax Relief for Long-Term Care Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for long-term care insurance premiums and for care provided by a caregiver to a family member or dependent with long-term care needs who resides with such caregiver. Phases in a maximum credit amount of $3,000 between 2009 and 2013. Reduces such credit amount for a taxpayer whose adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return).

To amend the Internal Revenue Code of 1986 to provide for a credit for long-term care insurance premiums and for taxpayers with long-term care needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Small Watershed Rehabilitation Amendments of 1998''. SEC. 2. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE PROGRAMS. The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding at the end the following new section: ``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECTANCY. ``(a) Definitions.--For purposes of this section: ``(1) Rehabilitation.--The term `rehabilitation', with respect to a structural measure constructed as part of a covered water resource project, means the completion of all work necessary to extend the service life of the structural measure and meet applicable safety and performance standards. This may include (A) protecting the integrity of the structural measure, or prolonging the useful life of the structural measure, beyond the original evaluated life expectancy, (B) correcting damage to the structural measure from a catastrophic event, (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate, or (D) upgrading the structural measure to meet changed land use conditions in the watershed served by the structural measure or changed safety criteria applicable to the structural measure. ``(2) Covered water resource project.--The term `covered water resource project' means a work of improvement carried out under any of the following: ``(A) This Act. ``(B) Section 13 of the Act of December 22, 1944 (Public Law 78-534; 58 Stat. 905). ``(C) The pilot watershed program authorized under the heading `Flood Prevention' of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214). ``(D) Subtitle H of title XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource Conservation and Development Program). ``(3) Eligible local organization.--The term `eligible local organization' means a local organization or appropriate State agency responsible for the operation and maintenance of structural measures constructed as part of a covered water resource project. ``(4) Structural measure.--The term ``structural measure'' means a physical improvement that impounds water and was constructed as part of a covered water resource project. ``(b) Cost Share Assistance For Rehabilitation.-- ``(1) Amount and use.--The Secretary may provide financial assistance to an eligible local organization to assist the local organization with the rehabilitation of structural measures originally constructed as part of a covered water resource project. The amount of the financial assistance for a particular rehabilitation project may not exceed 65 percent of the total rehabilitation costs for the structural measures included in the rehabilitation project. The total costs of rehabilitation may include financial assistance to pay for costs associated with the rehabilitation project, including land, easements, and rights-of-ways costs, costs of water, mineral and other resource rights, rehabilitation project administration, and contracting. ``(2) Relation to land use and development regulations.--As a condition on entering into an agreement to provide financial assistance under this subsection, the Secretary, working in concert with the eligible local organization, may require that proper zoning or other developmental regulations are in place in the watershed in which the structural measures to be rehabilitated under the agreement are located so that-- ``(A) the completed rehabilitation project is not quickly rendered inadequate by additional development; and ``(B) society can realize the full benefits of the rehabilitation investment. ``(c) Technical Assistance For Watershed Project Rehabilitation.-- The Secretary may provide technical assistance in planning, designing, and implementing rehabilitation projects should an eligible local organization request such assistance. Such assistance may consist of specialists in such fields as engineering, geology, soils, agronomy, biology, hydraulics, hydrology, economics, water quality, and contract administration. ``(d) Prohibited Use.-- ``(1) Performance of operation and maintenance.-- Rehabilitation assistance provided under this section may not be used to perform operation and maintenance activities specified in the agreement for the covered water resource project entered into between the Secretary and the eligible local organization responsible for the works of improvement. Such operation and maintenance activities shall remain the responsibility of the local organization, as provided in the project work plan. ``(2) Renegotiation.--Notwithstanding paragraph (1), as part of the provision of financial assistance under subsection (b), the Secretary may renegotiate the original agreement for the covered water resource project entered into between the Secretary and the eligible local organization regarding responsibility for the operation and maintenance of the project. ``(e) Application For Rehabilitation Assistance.--An eligible local organization may apply to the Secretary for technical and financial assistance under this section if the application has also been submitted to and approved by the State agency having supervisory responsibility over the covered water resource project at issue or, if there is no State agency having such responsibility, by the Governor of the State. The Secretary shall request the State dam safety officer (or equivalent State official) to be involved in the application process if State permits or approvals are required. The rehabilitation of structural measures shall meet standards established by the Secretary and address other dam safety issues. Personnel of the Natural Resources Conservation Service of the Department of Agriculture shall assist in preparing applications for assistance. ``(f) Justification For Rehabilitation Assistance.--In order to qualify for technical or financial assistance under this authority, the Secretary shall require the rehabilitation project to be performed in the most cost-effective manner that accomplishes the rehabilitation objective. Since the requirements for accomplishing the rehabilitation are generally for public health and safety reasons, in many instances being mandated by other State or Federal laws, benefit-cost analysis and a positive benefit cost-ratio will not be required. The benefits of and the requirements for the rehabilitation project shall be documented to ensure the wise and responsible use of Federal funds. ``(g) Ranking of Requests For Rehabilitation Assistance.--The Secretary shall establish such system of approving rehabilitation requests, recognizing that such requests will be received throughout the fiscal year and subject to the availability of funds to carry out this section, as is necessary for proper administration by the Department of Agriculture and equitable for all eligible local organizations. The approval process shall be in writing, and made known to all eligible local organizations and appropriate State agencies. ``(h) Authorization of Appropriations.--There are authorized to be appropriated $60,000,000 for each of the fiscal years 1999 through 2008 to carry out this section. ``(i) Assessment of Rehabilitation Needs.--Of the amount appropriated pursuant to subsection (h) for both fiscal year 1999 and 2000, $5,000,000 shall be used by the Secretary, in concert with the responsible State agencies, to conduct an assessment of the rehabilitation needs of covered water resource projects in all States in which such projects are located. ``(j) Reports.--The Secretary shall submit an annual report to Congress providing the status of activities conducted under this section. An eligible local organization that receives rehabilitation assistance shall make an annual report to the Secretary giving the status of any rehabilitation effort undertaken using financial assistance provided under this section.''.

Small Watershed Rehabilitation Amendments of 1998 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization for the rehabilitation of structural measures originally constructed as part of a covered water resource project. Limits the amount of such assistance to 65 percent of total rehabilitation costs. Authorizes the Secretary to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. Authorizes appropriations for FY 1999 through 2008. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects.

Small Watershed Rehabilitation Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Rental Housing Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is a pressing and increasing need for rental housing for rural families and senior citizens, as evidenced by the fact that-- (A) two-thirds of extremely low-income and very low-income rural households do not have access to affordable rental housing units; (B) more than 900,000 rural rental households (10.4 percent) live in either severely or moderately inadequate housing; and (C) substandard housing is a problem for 547,000 rural renters, and approximately 165,000 rural rental units are overcrowded. (2) Many rural United States households live with serious housing problems, including a lack of basic water and wastewater services, structural insufficiencies, and overcrowding, as shown by the fact that-- (A) 28 percent, or 10,400,000, rural households in the United States live with some kind of serious housing problem; (B) approximately 1,000,000 rural renters have multiple housing problems; and (C) an estimated 2,600,000 rural households live in substandard housing with severe structural damage or without indoor plumbing, heat, or electricity. (3) In rural America-- (A) one-third of all renters pay more than 30 percent of their income for housing; (B) 20 percent of rural renters pay more than 50 percent of their income for housing; and (C) 92 percent of all rural renters with significant housing problems pay more than 50 percent of their income for housing costs, and 60 percent pay more than 70 percent of their income for housing. (4) Rural economies are often less diverse, and therefore, jobs and economic opportunity are limited because-- (A) factors that exist in rural environments, such as remoteness and low population density, lead to limited access to many forces driving the economy, such as technology, lending, and investment; and (B) local expertise is often limited in rural areas where the economies are focused on farming or natural resource-based industries. (5) Rural areas have less access to credit than metropolitan areas since-- (A) banks and other investors that look for larger projects with lower risk seek metropolitan areas for loans and investment; (B) credit that is available is often insufficient, leading to the need for interim or bridge financing; and (C) credit in rural areas is often more expensive and available at less favorable terms than in metropolitan areas. (6) The Federal Government investment in rural rental housing has dropped during the last 10 years, as evidenced by the fact that-- (A) Federal spending for rural rental housing has been cut by 73 percent since 1994; and (B) rural rental housing unit production financed by the Federal Government has been reduced by 88 percent since 1990. (7) To address the scarcity of rural rental housing, the Federal Government must work in partnership with State and local governments, private financial institutions, private philanthropic institutions, and the private sector, including nonprofit organizations. SEC. 3. DEFINITIONS. In this Act: (1) Eligible project.--The term ``eligible project'' means a project for the acquisition, rehabilitation, or construction of rental housing and related facilities in an eligible rural area for occupancy by low-income families. (2) Eligible rural area.--The term ``eligible rural area'' means a rural area with a population of not more than 25,000, as determined by the most recent decennial census of the United States, and that is located outside an urbanized area. (3) Eligible sponsor.--The term ``eligible sponsor'' means a public agency, an Indian tribe, a for-profit corporation, or a private nonprofit corporation-- (A) a purpose of which is planning, developing, or managing housing or community development projects in rural areas; and (B) that has a record of accomplishment in housing or community development and meets other criteria established by the Secretary by regulation. (4) Low-income families.--The term ``low-income families'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Qualified intermediary.--The term ``qualified intermediary'' means a State, a State agency designated by the Governor of the State, a public instrumentality of the State, a private nonprofit community development corporation, a nonprofit housing corporation, a community development loan fund, or a community development credit union, that-- (A) has a record of providing technical and financial assistance for housing and community development activities in rural areas; and (B) has a demonstrated technical and financial capacity to administer assistance made available under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) State.--The term ``State'' means each of the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, and any other possession of the United States. SEC. 4. RURAL RENTAL HOUSING ASSISTANCE. (a) In General.--The Secretary may, directly or through 1 or more qualified intermediaries in accordance with section 5, make assistance available to eligible sponsors in the form of loans, grants, interest subsidies, annuities, and other forms of financing assistance, to finance the eligible projects. (b) Applications.-- (1) In general.--To be eligible to receive assistance under this section, an eligible sponsor shall submit to the Secretary, or a qualified intermediary, an application in such form and containing such information as the Secretary shall require by regulation. (2) Affordability restriction.--Each application under this subsection shall include a certification by the applicant that the housing to be acquired, rehabilitated, or constructed with assistance under this section will remain affordable for low- income families for not less than 30 years. (c) Priority for Assistance.--In selecting among applicants for assistance under this section, the Secretary, or a qualified intermediary, shall give priority to providing assistance to eligible projects-- (1) for very low-income families (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (2) in low-income communities or in communities with a severe lack of affordable rental housing, in eligible rural areas, as determined by the Secretary; or (3) if the applications are submitted by public agencies, Indian tribes, private nonprofit corporations or limited dividend corporations in which the general partner is a non- profit entity whose principal purposes include planning, developing and managing low-income housing and community development projects. (d) Allocation of Assistance.-- (1) In general.--In carrying out this section, the Secretary shall allocate assistance among the States, taking into account the incidence of rural substandard housing and rural poverty in each State and the share of that State of the national total of such incidence. (2) Small state minimum.--In making an allocation under paragraph (1), the Secretary shall provide each state an amount not less than $2,000,000. (e) Limitations on Amount of Assistance.-- (1) In general.--Except as provided in paragraph (2), assistance made available under this Act may not exceed 50 percent of the total cost of the eligible project. (2) Exception.--Assistance authorized under this Act shall not exceed 75 percent of the total cost of the eligible project, if the project is for the acquisition, rehabilitation, or construction of not more than 20 rental housing units for use by very low-income families. SEC. 5. DELEGATION OF AUTHORITY. (a) In General.--The Secretary may delegate authority for distribution of assistance-- (1) to one or more qualified intermediaries in the State; and (2) for a period of not more than 3 years, at which time that delegation of authority shall be subject to renewal, in the discretion of the Secretary, for 1 or more additional periods of not more than 3 years. (b) Solicitation.-- (1) In general.--The Secretary may, in the discretion of the Secretary, solicit applications from qualified intermediaries for a delegation of authority under this section. (2) Contents of application.--Each application under this subsection shall include-- (A) a certification that the applicant will-- (i) provide matching funds from sources other than this Act in an amount that is not less than the amount of assistance provided to the applicant under this section; and (ii) distribute assistance to eligible sponsors in the State in accordance with section 4; and (B) a description of-- (i) the State or the area within a State to be served; (ii) the incidence of poverty and substandard housing in the State or area to be served; (iii) the technical and financial qualifications of the applicant; and (iv) the assistance sought and a proposed plan for the distribution of such assistance in accordance with section 4. (3) Multistate applications.--The Secretary may, in the discretion of the Secretary, seek application by qualified intermediaries for more than 1 State. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $250,000,000 for each of fiscal years 2004 through 2008.

Rural Rental Housing Act of 2003 - Authorizes the Secretary of Agriculture to provide rural rental assistance, with applicant priority given to very low-income families, low-income communities, rural areas, and communities with severe lack of affordable rental housing.

To promote the development of affordable, quality rental housing in rural areas for low-income households.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Participation Pension Act of 1996''. SEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS. Part 2 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1051 et seq.) is amended by redesignating section 211 as section 212 and by inserting after section 210 (29 U.S.C. 1060) the following new section: ``continued participation in defined benefit plans for certain individuals ``Sec. 211. (a) In General.--A defined benefit plan shall provide, in accordance with this section, that each qualified beneficiary who would lose eligibility to accrue benefits under the plan as a result of a qualifying event, may elect, within the election period, continued participation under the plan. ``(b) Continued Participation.--For purposes of this section, the term `continued participation' means continued accrual of benefits by a qualified beneficiary in accordance with section 204(b)(1), if the following requirements are met: ``(1) Determination of service.--A participant shall be treated as having not incurred a break in service with the employer or employers maintaining the plan. The period of continued participation shall be deemed to constitute service with the employer or employers maintaining the plan for the purpose of determining the nonforfeitability of the qualified beneficiary's accrued benefits and for the purpose of determining the accrual of benefits. The period of continued participation shall be deemed to be service with the employer under the terms of the plan or any applicable collective bargaining agreement. ``(2) Terms of continued participation.--For purposes of determining the amount of any liability and any obligation of the plan, earnings and forfeitures shall not be included. In the case of a multiemployer plan, any liability of the plan described in this section shall be allocated-- ``(A) by the plan in such manner as the sponsor maintaining the plan shall provide; or ``(B) if the sponsor does not so provide, to the last employer employing the person before the qualifying event. ``(3) Period of continued participation.--The period of participation shall extend for the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following: ``(A) Maximum required period.--The date on which the participant reaches (or would have reached) normal retirement age under the plan. ``(B) End of plan.--The date on which the employer ceases to provide any defined benefit plan to any employee. ``(C) Failure to pay contribution.--The date on which benefits cease to accrue under the plan by reason of a failure to make timely payment of any contribution required under the plan with respect to the qualified beneficiary. ``(4) Contribution requirements.-- ``(A) In general.--A qualified beneficiary electing continued participation is liable to the defined benefit plan for funding any obligation of the plan to provide the benefits described in paragraph (1). The plan shall allocate to qualified beneficiaries the amount of applicable contribution attributable to employer contributions and mandatory employee contributions under the plan, in the same manner that employer contributions and mandatory employee contributions are allocated to similarly situated beneficiaries with respect to whom a qualifying event has not occurred. The plan shall provide for benefit accruals attributable to voluntary employee contributions only to the extent such benefit accruals attributable to such contributions were available to the participant prior to the qualifying event. For purposes of computing the beneficiary's contributions, the participant shall be deemed to have received compensation during the period of continued participation, at the rate in effect prior to the occurrence of the qualifying event, as if the participant had continued in service under the plan at the rate of 1,000 hours of work during any 12-month period. ``(B) Limitation.--For any period of continued participation, the contribution made by the qualified beneficiary-- ``(i) shall not exceed 102 percent of the applicable contribution for such period, and ``(ii) may, at the election of the payor, be made in monthly installments. In no event may the plan require the payment of any contribution before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continued participation. ``(c) Election Period.-- ``(1) In general.--The election period-- ``(A) begins not later than the date on which benefits accrual would, but for continued participation in accordance with the section, cease, and ``(B) is of at least 90 days' duration. ``(2) Effect of election on other beneficiaries.--Except as otherwise specified in an election, any election of continued participation by a qualified beneficiary shall be deemed to include an election of continued participation on behalf of any other qualified beneficiary who would cease to be a beneficiary under the plan by reason of the qualifying event. ``(d) Exception for Certain Plans.--Subsection (a) shall not apply to any defined benefit plan for any calendar year if all employers maintaining such plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year. ``(e) Definitions.--For purposes of this section-- ``(1) Applicable contribution.--The applicable contribution for any period of continued participation of qualified beneficiaries shall be equal to the actuarial value of benefit accruals attributable to the period of continued participation, as determined under regulations of the Secretary. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means any beneficiary under the plan on the day before the qualifying event, including the participant in the case of a qualifying event described in paragraph (3)(A). ``(3) Qualifying event.--The term `qualifying event' means any of the following events occurring within seven years of attainment by the participant of normal retirement age, which, but for the continued participation provided under this section, would result in the cessation of benefit accruals of a qualified beneficiary: ``(A) The termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the participant's employment. ``(B) The death of the participant.''. SEC. 3. EFFECTIVE DATES. (a) General Rule.--This Act shall apply to plan years beginning on or after July 1, 1996. (b) Special Rule for Collective Bargaining Agreements.--In the case of a defined benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, this section shall not apply to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (2) January 1, 2000.

Continued Participation Pension Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for continued participation under a defined benefit plan for employees who are terminated from employment within seven years of attaining normal retirement age under the plan.

Continued Participation Pension Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) any individual convicted of murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) any individual convicted of rape or a dangerous sexual offense involving a child under the age of 14 should be imprisoned for life without the possibility of parole. SEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN FELONS. (a) Penalty.-- (1) In general.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of the State that convicted such person of the first offense: (A) Up to $100,000 shall be transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (2) Multiple states.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in more than one State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of each State that convicted of a prior offense: (A) Up to $100,000 shall be apportioned equally among the States that convicted of prior offenses and transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be apportioned equally among the States that convicted of prior offenses and transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (b) State Applications.--To receive funds under this section, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require, including a certification that the State has convicted a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State. (c) Source of Funds.--Any amount transferred as a result of subsection (a) shall be derived by reducing funds from Federal law enforcement assistance programs received by the State that convicted of the first offense. The Attorney General, in consultation with the chief executive of the State that convicted of the first offense, shall develop a payment schedule. (d) Construction.--This section shall not be construed to diminish or modify any court ordered restitution. SEC. 4. UNITED STATES SENTENCING COMMISSION. The United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide that-- (1) whoever is guilty of murder, as defined in section 6 of this Act, shall be punished by death or by imprisonment for life; and (2) whoever is guilty of rape or a dangerous sexual offense, as defined in section 6 of this Act, shall be punished by imprisonment for life. SEC. 5. COLLECTION OF RECIDIVISM DATA. Pursuant to guidelines established in the Uniform Federal Crime Reporting Act of 1988 (Public Law 100-690), the Attorney General shall collect and distribute data to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes-- (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Murder.--The term ``murder'' means the unlawful killing of a human being with malice aforethought, and includes murder-- (A) perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; (B) committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or (C) perpetrated from a premeditated design unlawfully and maliciously to effect the death of any individual other than the individual who is killed. (2) Rape.--The term ``rape'' includes the carnal knowledge of an individual forcibly and against the will of such individual. (3) Dangerous sexual offense.--The term ``dangerous sexual offense'' means sexual abuse or sexually explicit conduct committed by an individual who is over the age of 18 against a child under the age of 14. (4) Sexual abuse.--The term ``sexual abuse'' includes the employment, use, persuasion, inducement, enticement, or coercion of a child under the age of 14 to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. (5) Sexually explicit conduct.--The term ``sexually explicit conduct'' means actual or simulated-- (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal- genital, or oral-anal contact, whether between persons of the same or of opposite sex; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse. (6) Sexual contact.--The term ``sexual contact'' means the intentional touching, either directly or though clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person.

No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment; and (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.

No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Unity Act of 2015''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES. (a) In General.--Title 4, United States Code, is amended by adding at the end the following: ``CHAPTER 6--OFFICIAL LANGUAGE ``Sec. 161. Official language of the United States ``The official language of the United States is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official functions of Government to be conducted in English ``(a) Scope.--For the purposes of this section-- ``(1) the term `official' refers to any function that-- ``(A) binds the Government; ``(B) is required by law; or ``(C) is otherwise subject to scrutiny by either the press or the public; and ``(2) the term `United States' means the several States and the District of Columbia. ``(b) Official Functions.--The official functions of the Government of the United States shall be conducted in English. ``(c) Practical Effect.--This section-- ``(1) shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies; and ``(2) shall not apply to-- ``(A) teaching of languages; ``(B) requirements under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ``(C) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; ``(D) actions or documents that protect the public health and safety; ``(E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(F) actions that protect the rights of victims of crimes or criminal defendants; or ``(G) using terms of art or phrases from languages other than English. ``Sec. 164. Uniform English language rule for naturalization ``(a) Uniform Language Testing Standard.--All citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States made in pursuance of the Constitution. ``(b) Ceremonies.--All naturalization ceremonies shall be conducted in English. ``Sec. 165. Rules of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions under section 163, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act (25 U.S.C. 2901 et seq.)); ``(3) to disparage any language or to discourage any person from learning or using a language; or ``(4) to be inconsistent with the Constitution of the United States. ``Sec. 166. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following: ``Chapter 6. Official Language''. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE LAWS OF THE UNITED STATES. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``Sec. 9. General rules of construction for laws of the United States ``(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. ``(b) Any ambiguity in the English language text of the laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 8 the following: ``9. General Rules of Construction for Laws of the United States.''. SEC. 5. IMPLEMENTING REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, which shall be based upon the principles that-- (1) all citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to the standard described in paragraph (1) should be limited to extraordinary circumstances, such as asylum. SEC. 6. EFFECTIVE DATE. The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of enactment of this Act.

English Language Unity Act of 2015 Establishes English as the official language of the United States. Requires naturalization ceremonies and official functions of the U.S. government, subject to exceptions, to be conducted in English. Declares that all citizens should be able to read and understand generally the English language text of U.S. laws. Allows a person injured by a violation of this Act to obtain relief, including a declaratory judgment, in a civil action. Declares that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with U.S. laws. Requires any ambiguity in U.S. laws to be resolved in accordance with the rights retained by the people and the powers reserved to states under the Bill of Rights. Directs the Department of Homeland Security to issue a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.

English Language Unity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bramwell National Historical Park Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that: (1) The coal mining heritage of southern West Virginia is of national historical and cultural significance. (2) The Town of Bramwell, West Virginia, possesses remarkable and outstanding historical, cultural, and architectural values relating to the coal mining heritage of southern West Virginia. (3) It is in the national interest to preserve the unique character of the Town of Bramwell, West Virginia, and to enhance the historical, cultural, and architectural values associated with its coal mining heritage. (b) Purpose.--The purpose of this Act is to provide for the preservation, restoration, and interpretation of the historical, cultural, and architectural values of the Town of Bramwell, West Virginia, for the educational and inspirational benefit of present and future generations. SEC. 3. ESTABLISHMENT. (a) In General.--In order to preserve, restore, and interpret the unique historical, cultural, and architectural values of Bramwell, West Virginia, there is hereby established the Bramwell National Historical Park (hereinafter referred to as the ``Park''). (b) Area Included.--The Park shall consist of the lands and interests in lands within the corporate boundary of the Town of Bramwell. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and with the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-467). (b) Donations.--Notwithstanding any other provision of law, the Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and facilities which he deems consistent with the purposes of the Act. (c) Cooperative Agreements.--In administering the Park, the Secretary is authorized to enter into cooperative agreements with the State of West Virginia, or any political subdivision thereof, for carrying out the purposes of this Act. SEC. 5. ACQUISITION OF LAND. (a) General Authority.--The Secretary may acquire land or interests in land within the boundaries of the Park only by donation, exchange, or purchase from willing sellers with donated or appropriated funds. (b) State Lands.--Lands or interest in lands, within the boundaries of the Park which are owned by the State of West Virginia or any political subdivision thereof, may be acquired only by donation. SEC. 6. COOPERATIVE AGREEMENTS. The Secretary is authorized to enter into cooperative agreements with the owners of properties of historical or cultural significance within the Park pursuant to which the Secretary may mark, interpret, restore, and provide technical assistance for the preservation and interpretation of such properties. SEC. 7. PROPERTY OWNER RIGHTS. Nothing in this Act may be construed as authorizing the Secretary to have access to private residential property within the Park for the purpose of conducting visitors through such property, or for any other purpose, without the advice and consent of the owner of such property. SEC. 8. MANAGEMENT PLAN. (a) In General.--The Secretary, in consultation with the committee referred to in section 9, shall prepare a plan for the restoration, preservation, interpretation, and development of the historical, cultural, and architectural resources of the Park. (b) Restoration Measures.--The plan referred to in this section shall provide for such measures as may be deemed appropriate for the restoration of public areas within the Park, including but not limited to each of the following: (1) The restoration of a brick surface to such segments of North River Street, Main Street, Rose Street, South River Street, and Bloch Street as deemed necessary to restore the historical and architectural character of the Park. (2) Measures to mitigate the visual impact of public utility facilities such as phone and electrical lines on the historical and architectural character of the Park. (c) Development Measures.--The plan referred to in this section shall provide for such measures as may be deemed appropriate for the development of public areas within the Park, including but not limited to each of the following: (1) The reconstruction of the Bramwell Railroad Depot. (2) The restoration of an edifice or edifices suitable to provide for the interpretation and visitor appreciation of the historical, cultural, and architectural features of the Park. SEC. 9. ADVISORY COMMITTEE. (a) Establishment.--There is hereby established the Bramwell National Historical Park Advisory Committee (hereinafter in this Act referred to as ``Advisory Committee''). The Advisory Committee shall be composed of thirteen members appointed by the Secretary to serve for terms of two years, except for the Governor of the State of West Virginia and the Mayor of the Town of Bramwell who shall serve without limitation of terms. Any member of the Advisory Committee may serve after the expiration of his term until a successor is appointed. Any member of the Advisory Committee may be appointed to serve more than one term. The Secretary or his designee shall serve as Chairman. (b) Management and Development Issues.--The Secretary, or his designees, shall meet on a regular basis and consult with the Advisory Committee on matters relating to the development of a management plan for the Park and on the implementation of such plan. (c) Expenses.--Members of the Advisory Committee shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairman. (d) Membership.--The Secretary shall appoint members to the Advisory Committee as follows: (1) the Governor of the State of West Virginia or his delegate; (2) one member to represent the West Virginia Division of Culture and History to be appointed from among persons nominated by the Governor of the State of West Virginia; (3) the Mayor of the Town of Bramwell; (4) one member to represent the Mercer County Commission; (5) one member to represent the Mercer County Historical Society; (6) two members to represent the Bramwell Historic Landmark Commission; (7) two members to represent the Bramwell Millionaire Garden Club; (8) one member to represent the West Virginia Preservation Alliance, Inc.; (9) one member to represent Coalways, Inc.; (10) one member to represent the West Virginia Association of Museums; and (11) one member to represent the Pinnacle Rock State Park Foundation, Inc. (e) Termination; Charter.--The Advisory Committee shall terminate on the date ten years after the enactment of this Act notwithstanding the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776). The provisions of section 14(b) of such Act (relating to the charter of the Committee) are hereby waived with respect to this Advisory Committee. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purpose of this Act.

Bramwell National Historical Park Act of 1993 - Establishes the Bramwell National Historical Park, West Virginia, to preserve, restore, and interpret the unique historical, cultural, and architectural values of the town. Establishes the Bramwell National Historical Park Advisory Committee. Authorizes appropriations.

Bramwell National Historical Park Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Phone Scam Prevention Act of 2014''. SEC. 2. AVAILABILITY OF WHITELIST SERVICES. (a) In General.--Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 232. AVAILABILITY OF WHITELIST SERVICES. ``(a) Definitions.--In this section-- ``(1) the term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1); ``(2) the term `exempt entity' means-- ``(A) the Federal Government, a State, a political subdivision of a State, or an agency thereof; and ``(B) any entity with respect to which the Commission determines that allowing calls that originate from that entity to connect directly with the voice service customer premises equipment (commonly referred to as `CPE') of a subscriber would serve the public interest; and ``(3) the term `whitelist' means a list of telephone numbers, designated by a subscriber, for which calls originating from those numbers to the subscriber are permitted to connect directly with the voice service CPE of the subscriber. ``(b) Requirement To Offer Whitelist Service.--A provider of a voice service shall offer each subscriber the option to designate a whitelist, if technically feasible (as determined by the Commission on a periodic basis). ``(c) Treatment of Nonapproved Telephone Numbers.-- ``(1) In general.--If a subscriber elects to designate a whitelist under subsection (b), the provider of the voice service of the subscriber shall ensure that any call the provider receives for termination that is not associated with a telephone number on the whitelist of the subscriber or the telephone number of an exempt entity is processed according to preferences set by the subscriber with respect to the whitelist, including by limiting or disabling the ability of an incoming call to connect with the CPE of the subscriber. ``(2) Safe harbor.--Whitelist processing that, in accordance with the preferences of a subscriber, limits or disables connection with the CPE of a subscriber shall not be considered to be-- ``(A) blocking traffic; or ``(B) an unjust or unreasonable practice under section 201 of the Communications Act of 1934 (47 U.S.C. 201). ``(d) Number of Telephone Numbers on Whitelist Free of Charge.-- ``(1) In general.--A provider of a voice service shall allow a subscriber (or a designated representative thereof) to designate not less than 10 telephone numbers to be on the whitelist under subsection (b), free of charge. ``(2) Telephone numbers of exempt entities.--The telephone number of an exempt entity shall not be considered to be on the whitelist of a subscriber for purposes of calculating the 10 telephone numbers that may be designated under paragraph (1).''. (b) Effective Date.--Section 232 of the Communications Act of 1934, as added by subsection (a), shall take effect on the date that is 2 years after the date of enactment of this Act. SEC. 3. AUTHENTICATION OF CALL ORIGINATION. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), as amended by section 2, is amended by adding at the end the following: ``SEC. 233. AUTHENTICATION OF CALL ORIGINATION. ``(a) Definition.--In this section, the term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1). ``(b) Development of Authentication Standards by Commission.--Not later than 5 years after the date of enactment of the Phone Scam Prevention Act of 2014, the Commission shall develop authentication standards for providers of a voice service to validate the calling party number and caller identification information of a call originated through a voice service so that the subscriber receiving the call may obtain-- ``(1) a secure assurance of the origin of the call, including-- ``(A) the calling party number; and ``(B) caller identification information for the call; or ``(2) notice that an assurance described in paragraph (1) is unavailable. ``(c) Adoption of Authentication Standards by Entities.--Each provider of a voice service that is allocated telephone numbers from the portion of the North American Numbering Plan that pertains to the United States shall adopt the authentication standards developed under subsection (b).''. SEC. 4. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID INFORMATION. (a) Communications From Outside the United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by striking ``in connection with any telecommunications service or IP-enabled voice service'' and inserting ``or any person outside the United States if the recipient of the call is within the United States, in connection with any voice service''. (b) Coverage of Text Messages and Other Voice Services.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service (including a text message sent using a text messaging service)''; (2) in the first sentence of subparagraph (B), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service (including a text message sent using a text messaging service)''; and (3) by striking subparagraph (C) and inserting the following: ``(C) Text message.--The term `text message'-- ``(i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(D) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ``(E) Voice service.--The term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1).''. (c) Rules of Construction.--Nothing in this Act shall be construed to modify, limit, or otherwise affect-- (1) the authority, as of the day before the date of enactment of this Act, of the Federal Communications Commission to interpret the term ``call'' to include a text message (as defined under section 227(e)(8) of the Communications Act of 1934, as added by subsection (b)); or (2) any rule or order adopted by the Federal Communications Commission in connection with-- (A) the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394) or the amendments made by that Act; or (B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.). (d) Regulations.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (e) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations under subsection (d).

Phone Scam Prevention Act of 2014 - Amends the Communications Act of 1934 to require voice communications service providers to offer subscribers the option to designate a list of approved telephone numbers for which calls originating from those numbers are permitted to connect directly with the subscriber's telephone and other customer premises equipment. Requires providers to ensure that any call for termination that is not from a number on the subscriber's list is processed according to the subscriber's preferences, including by limiting or disabling the ability of an incoming call to connect with the subscriber's equipment. Exempts government and public interest calls from being subject to a subscriber's preferences. Requires the Federal Communications Commission (FCC) to develop authentication standards for providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification. Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Expands the definition "caller identification information" to include text messages. Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan (currently, the requirements apply to telecommunications or IP-enabled voice services).

Phone Scam Prevention Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Reef Resource Conservation and Management Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) coral reefs have great commercial, recreational, cultural, environmental, and aesthetic value; (2) coral reefs-- (A) provide habitat to \1/3\ of all marine fish species; (B) are essential building blocks for biodiversity; (C) are instrumental in forming tropical islands; (D) protect coasts from waves and storms; (E) contain an array of potential pharmaceuticals; and (F) support tourism and fishing industries in the United States worth billions of dollars; (3) studies indicate that coral reefs in the United States and around the world are being degraded and severely threatened by human and environmental impacts, including land-based pollution, overfishing, destructive fishing practices, vessel groundings, and climate change; (4) the Department of the Interior-- (A) manages extensive acreage that contains sensitive coral reef habitat and adjacent submerged land at 20 national wildlife refuges and 9 units of the National Park System-- (i) in the States of Hawaii and Florida; and (ii) in the territories of Guam, American Samoa, and the United States Virgin Islands; and (B) maintains oversight responsibility for additional significant coral reef resources under Federal jurisdiction in insular areas, territories, and surrounding territorial waters in the Pacific Ocean and Caribbean Sea; (5) few of the 4,200,000 acres of coral reefs of the United States have been mapped or have had their conditions assessed or characterized; (6) the Department of the Interior conducts scientific research and monitoring to determine the structure, function, status, and condition of the coral reefs of the United States; and (7) the Department of the Interior, in cooperation with public and private partners, provides technical assistance and engages in management and conservation activities for coral reef habitats. (b) Purposes.--The purposes of this Act are-- (1) to conserve, protect, and restore the health of coral reef ecosystems and the species of fish, plants, and animals that depend on those ecosystems; (2) to support the monitoring, assessment, management, and protection of coral reef ecosystems over which the United States has jurisdiction (including coral reef ecosystems located in national wildlife refuges and units of the National Park System); (3) to augment and support the efforts of the Department of the Interior, the National Oceanic and Atmospheric Administration, and other members of the Coral Reef Task Force; (4) to support research efforts that contribute to coral reef conservation; (5) to support education, outreach, and enforcement for coral reef conservation; (6) to provide financial resources and matching funds for partnership efforts to accomplish the purposes described in paragraphs (1) through (4); and (7) to coordinate with the Coral Reef Task Force and other agencies to address priorities identified by the Coral Reef Task Force. SEC. 3. DEFINITIONS. In this Act: (1) Coral.--The term ``coral'' means any species of the phylum Cnidaria, including-- (A) any species of the order Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyanacea (soft corals), or Coenothecalia (blue corals), of the class Anthozoa; and (B) any species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (2) Coral reef.--The term ``coral reef'' means the species (including reef plants and coralline algae), habitats, and other natural resources associated with any reef or shoal composed primarily of corals within all maritime areas and zones subject to the jurisdiction of the United States, including Federal, State, territorial, or commonwealth waters in the south Atlantic, the Caribbean, the Gulf of Mexico, and the Pacific Ocean. (3) Coral reef conservation project.--The term ``coral reef conservation project'' means an activity that contributes to or results in preserving, sustaining, or enhancing any coral reef ecosystem as a healthy, diverse, and viable ecosystem, including-- (A) any action to enhance or improve resource management of a coral reef, such as assessment, scientific research, protection, restoration and mapping; (B) habitat monitoring and any species survey or monitoring of a species; (C) any activity necessary for planning and development of a strategy for coral reef management; (D) community outreach and education on the importance and conservation of coral reefs; and (E) any activity in support of the enforcement of laws relating to coral reefs. (4) Coral reef task force.--The term ``Coral Reef Task Force'' means the task force established under Executive Order No. 13089 (June 11, 1998). (5) Foundation.--The term ``foundation'' means a foundation that is a registered nonprofit organization under section 501(c) of the Internal Revenue Code of 1986. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States. SEC. 4. CORAL REEF RESOURCE CONSERVATION GRANT PROGRAM. (a) In General.--The Secretary shall provide grants for coral reef conservation projects in accordance with this section. (b) Eligibility.--The Secretary may award a grant under this section to-- (1) any appropriate natural resource management authority of a State-- (A) that has jurisdiction over coral reefs; or (B) the activities of which affect coral reefs; or (2) any educational or nongovernmental institution or organization with demonstrated expertise in marine science or coral reef conservation. (c) Matching Requirements.-- (1) Federal share.--Except as provided in paragraph (3), the Federal share of the cost of a coral reef conservation project that receives a grant under this section shall not exceed 75 percent of the total cost of the project. (2) Non-federal share.--The non-Federal share of the cost of a coral reef conservation project that receives a grant under this section may be provided in cash or in kind. (3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if-- (A) the cost of the project is $25,000 or less; or (B) the project is necessary to undertake, complete, or enhance planning and monitoring requirements for coral reef areas under-- (i) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); or (ii) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.). (d) Allocation.--The Secretary shall award grants under this section so that-- (1) not less than 40 percent of the grant funds available are awarded for coral reef conservation projects in the Pacific Ocean; (2) not less than 40 percent of the grant funds available are awarded for coral reef conservation projects in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea; and (3) the remaining grant funds are awarded for coral reef conservation projects that address emergency priorities or threats identified by the Secretary, in consultation with the Coral Reef Task Force. (e) Annual Funding Priorities.--After consultation with the Coral Reef Task Force, States, regional and local entities, and nongovernmental organizations involved in coral and marine conservation, the Secretary shall identify site-specific and comprehensive threats and constraints that-- (1) are known to affect coral reef ecosystems (including coral reef ecosystems in national wildlife refuges and units of the National Park System); and (2) shall be considered in establishing annual funding priorities for grants awarded under this subsection. (f) Project Review and Approval.-- (1) In general.--The Secretary shall review and rank coral reef conservation project proposals according to the criteria described in subsection (g). (2) Peer review.-- (A) In general.--For projects that have a cost of $25,000 or more, the Secretary shall-- (i) provide for merit-based peer review of the proposal; and (ii) require standardized documentation of the peer review. (B) Expedited process.--For projects that have a cost of less than $25,000, the Secretary shall provide an expedited peer review process. (C) Individual grants.--As part of the peer review process for individual grants, the Secretary shall request written comments from the appropriate bureaus or departments of the State or other government having jurisdiction over the area where the project is proposed to be conducted. (3) List.--At the beginning of each fiscal year, the Secretary shall make available a list describing projects selected during the previous fiscal year for funding under subsection (g). (g) Project Approval Criteria.--The Secretary shall evaluate and select project proposals for funding based on the degree to which each proposed project-- (1) is consistent with the purposes of this Act; and (2) would-- (A) promote the long-term protection, conservation, restoration, or enhancement of coral reef ecosystems in or adjoining areas under the jurisdiction of the Department of the Interior; (B) promote cooperative conservation projects with local communities, nongovernmental organizations, educational or private institutions, affected local governments, territories, or insular areas; (C) enhance public knowledge and awareness of coral reef resources and sustainable use through education and outreach; (D) develop sound scientific information on the condition of and threats to coral reef ecosystems through mapping, monitoring, research and analysis; and (E) increase compliance with laws relating to coral reefs. (h) Regulations.-- (1) In general.--Except as provided in paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this Act. (2) Project approval.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement subsection (f), including requirements for project proposals. (3) Consultation.--In developing regulations under this subsection, the Secretary shall identify priorities for coral reef resource protection and conservation in consultation with agencies and organizations involved in coral and marine conservation, including-- (A) the Coral Reef Task Force; (B) interested States; (C) regional and local entities; and (D) nongovernmental organizations. (i) Administration.-- (1) Foundation involvement.-- (A) Agreements.--The Secretary may enter into an agreement with 1 or more foundations to accept, receive, hold, transfer, solicit, and administer funds received or made available for a grant program under this Act (including funds received in the form of a gift or donation). (B) Funds.--A foundation that enters into an agreement described in subparagraph (A) shall-- (i) invest, reinvest, and otherwise administer funds described in subparagraph (A); and (ii) maintain the funds and any interest or revenues earned in a separate interest-bearing account that is-- (I)(aa) an insured depository institution, as the term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); or (bb) an insured credit union, as the term is defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and (II) established by the foundation solely to support partnerships between the public and private sectors that further the purposes of this Act. (2) Review of performance.-- (A) In general.--Beginning in fiscal year 2000, and biennially thereafter, the Secretary shall conduct a review of each grant program administered by a foundation under this subsection. (B) Assessment.--Each review under subparagraph (A) shall include a written assessment describing the extent to which the foundation has implemented the goals and requirements of this section. (j) Transfers.-- (1) In general.--Under an agreement entered into under subsection (i)(1)(A), the Secretary may transfer funds appropriated under section 5(b) to a foundation. (2) Use of transferred funds.--Amounts received by a foundation under this subsection may be used for matching, in whole or in part, contributions (whether in currency, services, or property) made to the foundation by private persons and State and local government agencies. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2000 through 2004, to remain available until expended. (b) Limitation on Administrative Funds.--Not more than 6 percent of the amounts appropriated under this section may be used for program management and administration under this Act.

Limits the Federal share of project costs to 75 percent. Waives the matching requirement if the cost of the project is $25,000 or less or the project is necessary to undertake planning and monitoring requirements for coral reef areas under specified Federal laws. Allocates 40 percent of grant awards for projects in the Pacific Ocean, 40 percent for projects in the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea, and the remainder for projects that address emergency priorities or threats. Sets forth procedures for project review and approval. Authorizes appropriations.

Coral Reef Resource Conservation and Management Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC. (a) Short Title.--This Act may be cited as the ``Energy Freedom and Economic Prosperity Act''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; etc. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 102. Early termination of credit for qualified fuel cell motor vehicles. Sec. 103. Early termination of new qualified plug-in electric drive motor vehicles. Sec. 104. Repeal of alternative fuel vehicle refueling property credit. Sec. 105. Repeal of credit for alcohol used as fuel. Sec. 106. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 107. Repeal of enhanced oil recovery credit. Sec. 108. Termination of credit for electricity produced from certain renewable resources. Sec. 109. Repeal of credit for producing oil and gas from marginal wells. Sec. 110. Termination of credit for production from advanced nuclear power facilities. Sec. 111. Repeal of credit for carbon dioxide sequestration. Sec. 112. Termination of energy credit. Sec. 113. Repeal of qualifying advanced coal project. Sec. 114. Repeal of qualifying gasification project credit. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE Sec. 201. Corporate income tax rate reduced. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES SEC. 101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES. (a) In General.--Section 6426 is repealed. (b) Conforming Amendments.-- (1) Paragraph (1) of section 4101(a) is amended by striking ``or alcohol (as defined in section 6426(b)(4)(A)''. (2) Paragraph (2) of section 4104(a) is amended by striking ``6426, or 6427(e)''. (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended-- (A) by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act)'' after ``of section 6426'', and (B) by inserting ``(as so in effect)'' after ``section 6426(b)(4)(A)''. (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen.--In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. SEC. 102. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES. (a) In General.--Section 30B is repealed. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 24(b)(3) is amended by striking ``, 30B''. (2) Paragraph (2) of section 25B(g) is amended by striking ``, 30B,''. (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking ``, 30B(h)(9)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 103. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. (a) In General.--Section 30D is repealed. (b) Effective Date.--The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. SEC. 104. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) In General.--Section 30C is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (26). (2) Paragraph (3) of section 55(c) is amended by striking ``, 30C(d)(2),''. (3) Subsection (a) of section 1016, as amended by section 102 of this Act, is amended by striking paragraph (35) and by redesignating paragraph (36) as paragraph (35). (4) Subsection (m) of section 6501 is amended by striking ``, 30C(e)(5)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 105. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Section 40 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking ``, and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E))''. (4) Paragraph (1) of section 4104(a) is amended by striking ``, 40''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 106. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS FUEL. (a) In General.--Section 40A is repealed. (b) Conforming Amendment.-- (1) Subsection (b) of section 38 is amended by striking paragraph (17). (2) Section 87 is repealed. (3) Subsection (c) of section 196, as amended by section 105 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (4) Paragraph (1) of section 4101(a) is amended by striking ``, every person producing or importing biodiesel (as defined in section 40A(d)(1)''. (5) Paragraph (1) of section 4104(a) is amended by striking ``, and 40A''. (6) Subparagraph (E) of section 7704(d)(1) is amended by inserting ``(as so in effect)'' after ``section 40A(d)(1)''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A. (d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act. SEC. 107. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act)'' after ``section 43(c)(2)''. (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. SEC. 108. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) Wind.--Subsection (d) of section 45 is amended by striking ``January 1, 2014'' in paragraph (1) and inserting ``the date of the enactment of the Energy Freedom and Economic Prosperity Act''. (b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is amended by striking ``8-year period'' each place it appears and inserting ``7- year period''. (c) Effective Date.-- (1) Wind.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. (2) Indian coal.--The amendments made by subsection (b) shall apply to coal produced after December 31, 2012. (3) Other qualified energy resources.--For termination of other qualified energy resources for property placed in service after December 31, 2013, see section 45 of the Internal Revenue Code of 1986. SEC. 109. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I is repealed. (b) Conforming Amendment.--Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. SEC. 110. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR POWER FACILITIES. (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended by striking ``January 1, 2021'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 111. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION. (a) In General.--Section 45Q is repealed. (b) Effective Date.--The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. SEC. 112. TERMINATION OF ENERGY CREDIT. (a) In General.--Section 48 is amended-- (1) by striking ``January 1, 2017'' each place it appears and inserting ``January 1, 2015'', and (2) by striking ``December 31, 2016'' each place it appears and inserting ``December 31, 2014''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 113. REPEAL OF QUALIFYING ADVANCED COAL PROJECT. (a) In General.--Section 48A is repealed. (b) Conforming Amendment.--Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 114. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT. (a) In General.--Section 48B is repealed. (b) Conforming Amendment.--Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE SEC. 201. CORPORATE INCOME TAX RATE REDUCED. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) to such a flat rate as the Secretary estimates would result in-- (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Effective Date.--The rate prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

Energy Freedom and Economic Prosperity Act - Amends the Internal Revenue Code to repeal: (1) the excise tax credits for alcohol fuel, biodiesel, and alternative fuel mixtures; (2) the tax credits for the purchase of alternative motor vehicles and new qualified plug-in electric drive motor vehicles; (3) the alternative fuel vehicle refueling property tax credit; (4) the income tax credits for alcohol, biodiesel, and renewable diesel used as fuel; (5) the enhanced oil recovery tax credit and the tax credit for producing oil and gas from marginal wells; (6) the tax credits for producing electricity from renewable resources and from advanced nuclear power facilities; (7) the tax credit for carbon dioxide sequestration; (8) the energy tax credit; and (9) the tax credits for investment in qualifying advanced coal projects and qualifying gasification projects. Directs the Secretary of the Treasury to prescribe a flat income tax rate for corporations, in lieu of the existing marginal tax rates, based upon the overall revenue savings from the repeal of energy tax expenditures by this Act.

Energy Freedom and Economic Prosperity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro-Growth Budgeting Act of 2012''. SEC. 2. MACROECONOMIC IMPACT ANALYSES. (a) In General.--Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``macroeconomic impact analysis of major legislation ``Sec. 407. (a) Congressional Budget Office.--The Congressional Budget Office shall, to the extent practicable, prepare for each major bill or resolution reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the ten fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three ten fiscal-year periods. Such estimate shall be predicated upon the supplemental projection described in section 202(e)(4). The Director shall submit to such committee the macroeconomic impact analysis, together with the basis for the analysis. As a supplement to estimates prepared under section 402, all such information so submitted shall be included in the report accompanying such bill or resolution. ``(b) Economic Impact.--The analysis prepared under subsection (a) shall describe the potential economic impact of the applicable major bill or resolution on major economic variables, including real gross domestic product, business investment, the capital stock, employment, interest rates, and labor supply. The analysis shall also describe the potential fiscal effects of the bill or resolution, including any estimates of revenue increases or decreases resulting from changes in gross domestic product. To the extent practicable, the analysis should use a variety of economic models in order to reflect the full range of possible economic outcomes resulting from the bill or resolution. The analysis (or a technical appendix to the analysis) shall specify the economic and econometric models used, sources of data, relevant data transformations, and shall include such explanation as is necessary to make the models comprehensible to academic and public policy analysts. ``(c) Definitions.--As used in this section-- ``(1) the term `macroeconomic impact analysis' means-- ``(A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from enactment of the proposal; ``(B) an estimate of revenue feedback expected to result from enactment of the proposal; and ``(C) a statement identifying the critical assumptions and the source of data underlying that estimate; ``(2) the term `major bill or resolution' means any bill or resolution if the gross budgetary effects of such bill or resolution for any fiscal year in the period for which an estimate is prepared under section 402 is estimated to be greater than .25 percent of the current projected gross domestic product of the United States for any such fiscal year; ``(3) the term `budgetary effect', when applied to a major bill or resolution, means the changes in revenues, outlays, deficits, and debt resulting from that measure; and ``(4) the term `revenue feedback' means changes in revenue resulting from changes in economic growth as the result of the enactment of any major bill or resolution.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 406 the following new item: ``Sec. 407. Macroeconomic impact analysis of major legislation.''. SEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES. Section 202(e) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraphs: ``(4)(A) After the President's budget submission under section 1105(a) of title 31, United States Code, in addition to the baseline projections, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a supplemental projection assuming extension of current tax policy for the fiscal year commencing on October 1 of that year with a supplemental projection for the 10 fiscal- year period beginning with that fiscal year, assuming the extension of current tax policy. ``(B) For the purposes of this paragraph, the term `current tax policy' means the tax policy in statute as of December 31 of the current year assuming-- ``(i) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001; ``(ii) the budgetary effects of measures extending the Jobs and Growth Tax Relief Reconciliation Act of 2003; ``(iii) the continued application of the alternative minimum tax as in effect for taxable years beginning in 2011 pursuant to title II of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, assuming that for taxable years beginning after 2011 the exemption amount shall equal-- ``(I) the exemption amount for taxable years beginning in 2011, as indexed for inflation; or ``(II) if a subsequent law modifies the exemption amount for later taxable years, the modified exemption amount, as indexed for inflation; and ``(iv) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. ``(5) On or before July 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate, the Long-Term Budget Outlook for the fiscal year commencing on October 1 of that year and at least the ensuing 40 fiscal years.''. Passed the House of Representatives February 2, 2012. Attest: KAREN L. HAAS, Clerk.

Pro-Growth Budgeting Act of 2012 - (Sec. 2) Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis (or a technical appendix to it) to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. (Sec. 3) Amends CBA to require the CBO Director, after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy. Defines "current tax policy" as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003; (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011; and (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.

To amend the Congressional Budget Act of 1974 to provide for macroeconomic analysis of the impact of legislation.

SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS FOR UNITED STATES CUSTOMS SERVICE AND IMMIGRATION AND NATURALIZATION SERVICE. (a) In General.-- (1) Customs service.--In order to enhance border investigative resources on the Southwest border, enhance investigative resources for anticorruption efforts, intensify efforts against drug smuggling and money-laundering organizations, process cargo, reduce commercial and passenger traffic waiting times, and open all primary lanes during peak hours at certain ports on the Southwest and Northern borders, in addition to any other amount appropriated, there are authorized to be appropriated for salaries, expenses, and equipment for the United States Customs Service for purposes of carrying out this section-- (A) $161,248,584 for fiscal year 1999; (B) $185,751,328 for fiscal year 2000; and (C) such sums as may be necessary in each fiscal year thereafter. (2) INS.--In order to enhance enforcement and inspection resources on the Southwest land border of the United States, enhance investigative resources for anticorruption efforts and efforts against drug smuggling and money-laundering organizations, process cargo, reduce commercial and passenger traffic waiting times, and open all primary lanes during peak hours at major land border ports of entry on the Southwest and Northern land borders of the United States, in addition to any other amounts appropriated, there are authorized to be appropriated for salaries, expenses, and equipment for the Immigration and Naturalization Service for purposes of carrying out this section-- (A) $113,604,000 for fiscal year 1999; (B) $121,064,000 for fiscal year 2000; and (C) such sums as may be necessary in each fiscal year thereafter. (b) Fiscal Year 1999.-- (1) Customs service.--Of the amounts authorized to be appropriated under subsection (a)(1)(A) for fiscal year 1999 for the United States Customs Service, $48,404,000 shall be available until expended for acquisition and other expenses associated with implementation and full deployment of narcotics enforcement and cargo processing technology along the Southwest border, including-- (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS); (B) $11,000,000 for 5 mobile truck x-rays with transmission and backscatter imaging; (C) $12,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV); (D) $7,200,000 for 8 1-MeV pallet x-rays; (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate; (F) $600,000 for 50 contraband detection kits to be distributed among all Southwest border ports based on traffic volume; (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility; (H) $2,450,000 for 7 automated targeting systems; (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat; (J) $480,000 for 20 Portable Treasury Enforcement Communications System (TECS) terminals to be moved among ports as needed; (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured; (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic; (M) $180,000 for 36 AM radio ``Welcome to the United States'' stations, with 1 station to be located at each border crossing; (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane; (O) $950,000 for 38 spotter camera systems to counter the surveillance of Customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring; (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry; (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing; and (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles. (2) INS.--Of the amounts authorized to be appropriated under subsection (a)(2)(A) for fiscal year 1999 for the Immigration and Naturalization Service, $15,090,000 shall be available until expended for acquisition and other expenses associated with implementation and full deployment of narcotics enforcement and cargo processing technology along the Southwest land border of the United States, including-- (A) $11,000,000 for 5 mobile truck x-rays with transmission and backscatter imaging to be distributed to border patrol checkpoints; (B) $200,000 for 10 ultrasonic container inspection units to be distributed to border patrol checkpoints; (C) $240,000 for 10 Portable Treasury Enforcement Communications System (TECS) terminals to be distributed to border patrol checkpoints; (D) $1,000,000 for 20 remote watch surveillance camera systems to be distributed to border patrol checkpoints; (E) $175,000 for 35 AM radio ``Welcome to the United States'' stations, with 1 station to be located at each permanent border patrol checkpoint; (F) $875,000 for 35 spotter camera systems, with 1 system to be located at each permanent border patrol checkpoint; and (G) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to border patrol checkpoints. (c) Fiscal Year 2000 and Thereafter.-- (1) Customs service.--Of the amounts authorized to be appropriated under subparagraphs (B) and (C) of subsection (a)(1) for the United States Customs Service for fiscal year 2000 and each fiscal year thereafter, $4,840,400 shall be for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (b)(1), based on an estimate of 10 percent of the cost of such equipment. (2) INS.--Of the amounts authorized to be appropriated under subparagraphs (B) and (C) of subsection (a)(2) for the Immigration and Naturalization Service for fiscal year 2000 and each fiscal year thereafter, $1,509,000 shall be for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (b)(2), based on an estimate of 10 percent of the cost of such equipment. (d) New Technologies; Use of Funds.-- (1) In general.--The Commissioner of Customs may use the amounts authorized to be appropriated for equipment under this section for equipment other than the equipment specified in subsection (b)(1) if such other equipment-- (A)(i) is technologically superior to the equipment specified in subsection (b)(1); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment specified in subsection (b)(1); or (B) can be obtained at a lower cost than the equipment authorized in subparagraphs (A) through (R) of such subsection. (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of the amount specified in any of subparagraphs (A) through (R) of subsection (b)(1) for equipment specified in any other of such subparagraphs (A) through (R). (3) INS.--With respect to the amounts and equipment specified in subsection (b)(2), the Attorney General shall have the same authority as is granted the Commissioner of Customs by paragraphs (1) and (2) with respect to the amounts and equipment specified in subsection (b)(1). (e) Peak Hours and Investigative Resource Enhancement.-- (1) Customs service.--Of the amounts authorized to be appropriated under subsection (a)(1) for fiscal years 1999 and 2000, $112,844,584 in fiscal year 1999 and $180,910,928 for fiscal year 2000 shall be for-- (A) a net increase of 535 inspectors and 60 special agents for the Southwest border and 375 inspectors for the Northern border, in order to open all primary lanes on the Southwest and Northern borders during peak hours and enhance investigative resources; (B) a net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the Southwest border; (C) a net increase of 360 special agents, 40 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money-laundering organizations; (D) a net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts; and (E) the costs incurred as a result of the increase in personnel hired pursuant to this section. (2) INS.--Of the amounts authorized to be appropriated under subsection (a)(2) for fiscal years 1999 and 2000, $98,514,000 in fiscal year 1999 and $119,555,000 for fiscal year 2000 shall be for-- (A) a net increase of 535 inspectors for the Southwest land border and 375 inspectors for the Northern land border, in order to open all primary lanes on the Southwest and Northern borders during peak hours and enhance investigative resources; (B) a net increase of 100 inspectors and canine enforcement officers for border patrol checkpoints; (C) 100 canine enforcement vehicles to be used by the Border Patrol for inspection and enforcement, and to reduce waiting times, at the Southwest land border of the United States; (D) a net increase of 40 intelligence analysts and additional resources to be distributed among border patrol sectors that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money-laundering organizations; (E) a net increase of 50 positions and additional resources to the Office of the Inspector General of the Department of Justice to enhance investigative resources for anticorruption efforts; and (F) the costs incurred as a result of the increase in personnel hired pursuant to this section.

Authorizes additional appropriations for personnel and equipment for the United States Customs Service and the Immigration and Naturalization Service.

To authorize additional appropriations for personnel and technology for the United States Customs Service and the Immigration and Naturalization Service, which have joint responsibility at ports of entry, in order to increase inspection and enforcement at ports of entry and to expedite and facilitate the flow of legal commercial and passenger traffic at United States borders and interior checkpoints.

SECTION 1. SHORT TITLE. This Act may be cited as the ``E-911 Implementation Act of 2003''. SEC. 2. COORDINATION OF E-911 IMPLEMENTATION. Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following: ``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION. ``(a) E-911 Implementation Coordination Office.-- ``(1) Establishment.--The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall-- ``(A) establish a joint program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 services; and ``(B) create an E-911 Implementation Coordination Office to implement the provisions of this section. ``(2) Management plan.--The Assistant Secretary and the Administrator shall jointly develop a management plan for the program established under this section. Such plan shall include the organizational structure and funding profiles for the 5- year duration of the program. The Assistant Secretary and the Administrator shall, within 90 days after the date of enactment of this Act, submit the management plan to the Committees on Energy and Commerce and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate. ``(3) Purpose of office.--The Office shall-- ``(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve such coordination and communication; ``(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of E-911 services; ``(C) advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii); ``(D) receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and ``(E) oversee the use of funds provided by such grants in fulfilling such implementation plans. ``(4) Reports.--The Assistant Secretary and the Administrator shall provide a joint annual report to Congress by the first day of October of each year on the activities of the Office to improve coordination and communication with respect to the implementation of E-911 services. ``(b) Phase II E-911 Implementation Grants.-- ``(1) Matching grants.--The Assistant Secretary and the Administrator, after consultation with the Secretary of Homeland Security and the Chairman of the Federal Communications Commission, and acting through the Office, shall provide grants to eligible entities for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. ``(2) Matching requirement.--The Federal share of the cost of a project eligible for a grant under this section shall not exceed 50 percent. The non-Federal share of the cost shall be provided from non-Federal sources. ``(3) Coordination required.--In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that-- ``(A) in the case of an eligible entity that is a State government, the entity-- ``(i) has coordinated its application with the public safety answering points (as such term is defined in section 222(h)(4) of the Communications Act of 1934) located within the jurisdiction of such entity; ``(ii) has designated a single officer or governmental body of the entity to serve as the coordinator of implementation of E-911 services, except that such designation need not vest such coordinator with direct legal authority to implement E-911 services or manage emergency communications operations; ``(iii) has established a plan for the coordination and implementation of E-911 services; and ``(iv) has integrated telecommunications services involved in the implementation and delivery of phase II E-911 services; or ``(B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i), (iii), and (iv) of subparagraph (A), and the State in which it is located has complied with clause (ii) of such subparagraph. ``(4) Criteria.--The Assistant Secretary and the Administrator shall jointly issue regulations within 180 days of the enactment of the E-911 Implementation Act of 2003, after a public comment period of not less than 60 days, prescribing the criteria for selection for grants under this section, and shall update such regulations as necessary. ``(c) Diversion of E-911 Charges.-- ``(1) Designated e-911 charges.--For the purposes of this subsection, the term `designated E-911 charges' means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that-- ``(A) appear on telecommunications services customers' bills; and ``(B) are designated or presented as dedicated to deliver or improve E-911 services. ``(2) Certification.--Each applicant for a matching grant under this section shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time during which the funds from the grant are available to the applicant, that no portion of any designated E-911 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented. ``(3) Condition of grant.--Each applicant for a grant under this section shall agree, as a condition of receipt of the grant, that if the State or other taxing jurisdiction within which the applicant is located, during any period of time during which the funds from the grant are available to the applicant, obligates or expends designated E-911 charges for any purpose other than the purposes for which such charges are designated or presented, all of the funds from such grant shall be returned to the Office. ``(4) Penalty for providing false information.--Any applicant that provides a certification under paragraph (1) knowing that the information provided in the certification was false shall-- ``(A) not be eligible to receive the grant under subsection (b); ``(B) return any grant awarded under subsection (b) during the time that the certification was not valid; and ``(C) not be eligible to receive any subsequent grants under subsection (b). ``(d) Authorization; Termination.-- ``(1) Authorization.--There are authorized to be appropriated to the Department of Transportation, for the purposes of grants under the joint program operated under this section with the Department of Commerce, not more than $100,000,000 for each of the fiscal years 2004 through 2008. ``(2) Termination.--The provisions of this section shall cease to be effective on October 1, 2008. ``(e) Definitions.--As used in this section: ``(1) Office.--The term `Office' means the E-911 Implementation Coordination Office. ``(2) Administrator.--The term `Administrator' means the Administrator of the National Highway Traffic Safety Administration. ``(3) Eligible entity.-- ``(A) In general.--The term `eligible entity' means a State or local government or a tribal organization (as defined in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l))). ``(B) Instrumentalities.--Such term includes public authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph (A) to provide E-911 services. ``(C) Exception.--Such term does not include any entity that has failed to submit the most recently required certification under subsection (c) within 30 days after the date on which such certification is due. ``(4) E-911 services.--The term `E-911 services' means both phase I and phase II enhanced 911 services, as described in section 20.18 of the Commission's regulations (47 CFR 20.18), as in effect on the date of enactment of this section, or as subsequently revised by the Federal Communications Commission. ``(5) Phase ii e-911 services.--The term `phase II E-911 services' means only phase II enhanced 911 services, as described in such section 20.18 (47 CFR 20.18), as in effect on such date, or as subsequently revised by the Federal Communications Commission.''. SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III SERVICE PROVIDERS. Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing-- (1) the number of tier III commercial mobile service providers that are offering phase II E-911 services; (2) the number of requests for waivers from compliance with the Commission's phase II E-911 service requirements received by the Commission from such tier III providers; (3) the number of waivers granted or denied by the Commission to such tier III providers; (4) how long each waiver request remained pending before it was granted or denied; (5) how many waiver requests are pending at the time of the filing of the report; (6) when the pending requests will be granted or denied; (7) actions the Commission has taken to reduce the amount of time a waiver request remains pending; and (8) the technologies that are the most effective in the deployment of phase II E-911 services by such tier III providers. Passed the House of Representatives November 4, 2003. Attest: JEFF TRANDAHL, Clerk.

E-911 Implementation Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary of Commerce for Communications and Information and the Administrator of the National Highway Traffic Safety Administration to: (1) establish a joint program to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 (enhanced emergency) services; (2) create an E-911 Implementation Coordination Office to implement such program; and (3) develop a management plan for such program. Requires annual reports from the Assistant Secretary and the Administrator to Congress on Office activities. Directs the Assistant Secretary and the Administrator to provide grants to eligible entities (States, local governments, tribal organizations) for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. Limits the Federal share of project costs to 50 percent. Outlines entity participation requirements. Requires each grant applicant to: (1) certify to the Assistant Secretary and the Administrator, at the time of application and annually thereafter if receiving such a grant, that no portion of designated E-911 charges (taxes or fees designated or presented to deliver or improve E-911 services) imposed by a State or other taxing jurisdiction is being obligated or expended for any other purpose; and (2) agree that if such charges are used for any other purpose, all of the grant funds shall be returned. Authorizes appropriations to the Department of Transportation for such grants. Terminates the grant program on October 1, 2008. Requires a report from the Federal Communications Commission to specified congressional committees on the deployment of E-911 Phase II services by Tier III service providers.

To improve homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legacy IRA Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Limitations.-- ``(i) In general.--The aggregate amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed $400,000. ``(ii) Organization and entity specific limitations.--The amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed-- ``(I) $100,000, in the case of any distribution described in subparagraph (C)(i)(I), and ``(II) $400,000, in the case of any distribution described in subparagraph (C)(i)(II). ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to a specified charitable organization, or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 65. ``(D) Special rules relating to distributions.--For purposes of this paragraph-- ``(i) Distribution must be otherwise includible.--A distribution from an individual retirement account shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A). ``(ii) Limitation on income interests.--A distribution from an individual retirement account to a split-interest entity may only be treated as a qualified charitable distribution if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(iii) Contributions must be otherwise deductible.--A distribution from an individual retirement account to a specified charitable organization may be treated as a qualified charitable distribution only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(E) Specified charitable organization defined.-- For purposes of this paragraph, the term `specified charitable organization' means an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)). ``(F) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by a qualified charitable distribution, ``(ii) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by one or more qualified charitable distributions, or ``(iii) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by a qualified charitable distribution and commences fixed payments of 5 percent or greater not later than one year from date of funding. ``(G) Special rules.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in clause (i) or (ii) of subparagraph (F) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c). ``(iii) Application of section 72.-- Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(iv) Determining deduction under section 170.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(v) Required minimum distributions.--The entire amount of a qualified charitable distribution shall be taken into account for purposes of section 401(a)(9). ``(H) Termination with respect to split-entities.-- Subparagraph (A) shall not apply to a distribution to a split-interest entity after December 31, 2020.''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.

Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.)

Legacy IRA Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Patient Right to Know Act''. (b) Findings.--Congress finds the following: (1) Patients need access to all relevant information to make appropriate decisions about their health care. (2) Open medical communications between health care providers and their patients is a key to prevention and early diagnosis and treatment, as well as to informed consent and quality, cost-effective care. (3) Open medical communications are in the best interests of patients. (4) Open medical communications must meet applicable legal and ethical standards of care. (5) It is critical that health care providers continue to exercise their best medical, ethical, and moral judgment in advising patients without interference from health plans. (6) The offering and operation of health plans affect commerce among the States. (c) Purpose.--It is the purpose of this Act to establish a Federal standard that protects medical communications between health care providers and patients. SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS. (a) Prohibition.-- (1) General rule.--The provisions of any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) shall not prohibit or restrict the provider from engaging in medical communications with his or her patient. (2) Nullification.--Any contract provision or agreement described in paragraph (1) shall be null and void. (3) Prohibition on provisions.--Effective on the date described in section 5, a contract or agreement described in paragraph (1) shall not include a provision that violates paragraph (1). (b) Rules of Construction.--Nothing in this Act shall be construed-- (1) to prohibit the enforcement, as part of a contract or agreement to which a health care provider is a party, of any mutually agreed upon terms and conditions, including terms and conditions requiring a health care provider to participate in, and cooperate with, all programs, policies, and procedures developed or operated by a health plan to assure, review, or improve the quality and effective utilization of health care services (if such utilization is according to guidelines or protocols that are based on clinical or scientific evidence and the professional judgment of the provider) but only if the guidelines or protocols under such utilization do not prohibit or restrict medical communications between providers and their patients; or (2) to permit a health care provider to misrepresent the scope of benefits covered under a health plan or to otherwise require the plan to reimburse providers for benefits not covered under the plan (c) Enforcement.-- (1) State authority.--Except as otherwise provided in this subsection, each State shall enforce the provisions of this Act with respect to health insurance issuers that issue, sell, renew, or offer health plans in the State. (2) Enforcement by secretary.-- (A) In general.--Effective on January 1, 1998, if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements of this Act with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this Act with respect to such State. (B) Enforcement through imposition of civil money penalty.-- (i) In general.--With respect to a State in which the Secretary is enforcing the requirements of this Act, an entity operating a health plan in that State that violates subsection (a) shall be subject to a civil money penalty of up to $25,000 for each such violation. (ii) Procedures.--For purposes of imposing a civil money penalty under clause (i), the provisions of subparagraphs (C) through (G) of section 2722(b)(2) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 300gg-22(b)(2)) shall apply except that the provisions of clause (i) of subparagraph (C) of such section shall not apply. (3) Self-insured plans.--Effective on January 1, 1998, the Secretary of Labor shall enforce the requirements of this section in the case of a health plan not subject to State regulation by reason of section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)). (4) Rule of construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (d) No Preemption of More Protective Laws.--A State may establish or enforce requirements with respect to the protection of medical communications, but only if such requirements are equal to or more protective of such communications than the requirements established under this section. SEC. 3. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means anyone licensed or certified under State law to provide health care services who is operating within the scope of such license. (2) Health insurance issuer.--The term ``health insurance issuer'' has the meaning given such term in section 2791(b)(2) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996). (3) Health plan.--The term ``health plan'' means a group health plan (as defined in section 2791(a) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996)) and any individual health insurance (as defined in section 2791(b)(5)) operated by a health insurance issuer and includes any other health care coverage provided through a private or public entity. In the case of a health plan that is an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974), any third party administrator or other person with responsibility for contracts with health care providers under the plan shall be considered, for purposes of enforcement under this section, to be a health insurance issuer operating such health plan. (4) Medical communication.-- (A) In general.--The term ``medical communication'' means any communication made by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) with respect to-- (i) the patient's health status, medical care, or legal treatment options; (ii) any utilization review requirements that may affect treatment options for the patient; or (iii) any financial incentives that may affect the treatment of the patient. (B) Misrepresentation.--The term ``medical communication'' does not include a communication by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) if the communication involves a knowing or willful misrepresentation by such provider. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, except that section 2(a)(3) shall take effect 180 days after such date of enactment.

Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as being a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or legal treatment options.

Patient Right to Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plan B for Plan B Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Food and Drug Administration has declared Plan B to be safe and effective in preventing unintended pregnancy, reducing the risk by as much as 89 percent if taken within days of unprotected intercourse and up to 95 percent if taken in the first 24 hours. (2) On April 21, 2003, product manufacturers Women's Capital Corporation, controlled by Barr Pharmaceuticals, submitted a supplemental new drug application to the Food and Drug Administration to switch Plan B from prescription-only to over-the-counter status for women of all ages. (3) On December 16, 2003, a joint panel of the Food and Drug Administration's Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be used safely in a non-prescription setting. (4) On December 16, 2003, a joint panel of the Food and Drug Administration's Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 23-4 to recommend that the Food and Drug Administration approve the application to make Plan B available over-the-counter for women of all ages. (5) On May 6, 2004, the Food and Drug Administration deemed the application not approvable, directly contradicting the overwhelming weight of their own scientific evidence. (6) At the suggestion of the Food and Drug Administration, Barr Pharmaceutical submitted a formal response, dated July 16, 2003, to the Administration's non-approvable determination, supporting the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older. (7) On January 21, 2005, the Food and Drug Administration delayed issuing a decision on the Plan B application. (8) A letter dated July 13, 2005, from Secretary of Health and Human Services Michael O. Leavitt to Chairman Mike Enzi of the Committee on Health, Education, Labor, and Pensions of the Senate stated that the Food and Drug Administration would act on the Plan B application by September 1, 2005. (9) On August 26, 2005, the Food and Drug Administration did not approve or disapprove the Plan B application, and instead decided to publish an advance notice of proposed rulemaking in the Federal Register, even while concluding that ``the available scientific data are sufficient to support the safe use of Plan B as an OTC product . . . for women who are 17 years of age or older''. (10) On August 31, 2005, Susan F. Wood, serving as the Food and Drug Administration's assistant commissioner for women's health and director of the Office of Women's Health, resigned her position because of the Administration's refusal to issue a final decision on the Plan B application, saying that she could not serve at the Administration when ``scientific and clinical evidence, fully evaluated and recommended for approval by the professional staff [at the Administration], has been overruled''. (11) On September 1, 2005, the Food and Drug Administration issued an advance notice of proposed rulemaking (70 FR 52050) to request comment by November 1, 2005, on whether to initiate a rulemaking to codify the Administration's interpretation of section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) regarding when an active ingredient may be simultaneously marketed in both a prescription drug product and an over-the-counter (OTC) drug product, potentially adding years of unnecessary regulatory delays to an already extended process which is keeping Plan B from over-the-counter status. SEC. 3. DECISION BY FDA ON MARKETING OF EMERGENCY CONTRACEPTION. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall approve or disapprove the supplemental new drug application for Plan B, as amended by the formal response to the non-approvable letter. (b) Failure to Approve or Disapprove.--If the Commissioner fails to approve or disapprove the application described in subsection (a) by the deadline described in such subsection-- (1) the Commissioner is deemed to have approved the application; and (2) such deemed approval shall continue in effect unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application. (c) Definitions.--In this Act: (1) The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) The term ``formal response'' means the formal response, dated July 16, 2003, to the non-approvable letter, supporting the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older. (3) The term ``Plan B'' means 0.75 mg levonorgestrel tablets. (4) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (5) The term ``supplemental new drug application for Plan B'' means the supplemental new drug application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) on April 21, 2003, by product manufacturers Women's Capital Corporation, controlled by Barr Pharmaceuticals, to the Food and Drug Administration to switch Plan B from prescription-only to nonprescription status for women of all ages. (6) The term ``non-approvable letter'' means the non- approvable letter dated May 6, 2004, from the Food and Drug Administration to Barr Pharmaceuticals.

Plan B for Plan B Act of 2005 - Requires the Commissioner of Food and Drugs to approve or disapprove within 30 days the supplemental new drug application submitted by Women's Capital Corporation for Plan B (defined as .75 mg levonorgestrel tablets [commonly referred to as the morning-after pill]), as amended by a formal response to the Food and Drug Administration's non-approvable determination, that would switch the drug from prescription-only to nonprescription status for women 16 years or older. Deems the Commissioner as having approved the application if the deadline is not met and continues such approval unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application.

To require the Commissioner of Food and Drugs to determine whether to allow the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Communities Partnership Act of 1999''. SEC. 2. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL JUVENILE CRIME REDUCTION STRATEGIES. (a) In General.-- (1) Establishment.--The Attorney General (or a designee of the Attorney General), in conjunction with the Secretary of the Treasury (or the designee of the Secretary), shall establish a pilot program (referred to in this section as the ``program'') to encourage and support communities that adopt a comprehensive approach to suppressing and preventing violent juvenile crime and reducing drug and alcohol abuse among juveniles, patterned after successful State juvenile crime reduction strategies. (2) Program.--In carrying out the program, the Attorney General shall-- (A) make and track grants to grant recipients (referred to in this section as ``coalitions''); (B) in conjunction with the Secretary of the Treasury and the Secretary of Health and Human Services, provide for technical assistance and training, in addition to data collection, and dissemination of relevant information; and (C) provide for the general administration of the program. (3) Administration.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall appoint or designate an Administrator (referred to in this section as the ``Administrator'') to carry out the program. (4) Program authorization.--To be eligible to receive an initial grant or a renewal grant under this section, a coalition shall meet each of the following criteria: (A) Composition.--The coalition shall consist of 1 or more representatives of-- (i) the local or tribal police department or sheriff's department; (ii) the local prosecutors' office; (iii) State or local probation officers; (iv) religious affiliated or fraternal organizations involved in crime prevention; (v) schools; (vi) parents or local grass roots organizations such as neighborhood watch groups; (vii) social service agencies involved in crime prevention; (viii) a juvenile or youth court judge; and (ix) substance and alcohol abuse counselors and treatment providers. (B) Other participants.--If possible, in addition to the representatives from the categories listed in subparagraph (A), the coalition shall include 1 or more representatives of-- (i) the United States Attorney's office; (ii) the Federal Bureau of Investigation; (iii) the Bureau of Alcohol, Tobacco and Firearms; (iv) the Drug Enforcement Administration; (v) the business community; and (vi) researchers who have studied criminal justice and can offer technical or other assistance. (C) Coordinated strategy.--A coalition shall submit to the Attorney General, or the Attorney General's designee, a comprehensive plan for reducing violent juvenile crime. To be eligible for consideration, a plan shall-- (i) ensure close collaboration among all members of the coalition in suppressing and preventing juvenile crime; (ii) place heavy emphasis on coordinated enforcement initiatives, such as Federal and State programs that coordinate local police departments, prosecutors, and local community leaders to focus on the suppression of violent juvenile crime involving gangs; (iii) ensure that there is close collaboration between police and probation officers in the supervision of juvenile offenders, such as initiatives that coordinate the efforts of parents, school officials, and police and probation officers to patrol the streets and make home visits to ensure that offenders comply with the terms of their probation; (iv) ensure that a program is in place to trace all firearms seized from crime scenes or offenders in an effort to identify illegal gun traffickers; (v) ensure that effective crime prevention programs are in place, such as programs that provide after-school safe havens and other opportunities for at-risk youth to escape or avoid gang or other criminal activity, and to reduce recidivism; and (vi) ensure that a program is in place to divert nonviolent juvenile offenders into substance or alcohol abuse treatment, the successful completion of which may result in a suspended sentence for the offense, and the unsuccessful completion of which may result in an enhanced sentence for the offense. (D) Accountability.--A coalition shall-- (i) establish a system to measure and report outcomes consistent with common indicators and evaluation protocols established by the Administrator and that receives the approval of the Administrator; and (ii) devise a detailed model for measuring and evaluating the success of the plan of the coalition in reducing violent juvenile crime, and provide assurances that the plan will be evaluated on a regular basis to assess progress in reducing violent juvenile crime. (5) Priority.--In awarding grants under this section, the Attorney General shall give priority to coalitions representing communities with demonstrated juvenile crime and drug abuse problems. (6) Grant amounts.-- (A) In general.--The Administrator may award a grant to an eligible coalition under this section, in an amount not to exceed the lesser of-- (i) the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal year; and (ii) $400,000. (B) Nonsupplanting requirement.--A coalition seeking funds shall provide reasonable assurances that funds made available under this program to States or units of local government shall be so used as to supplement and increase (but not supplant) the level of the State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for programs described in this section, and shall in no event replace such State, local, or other non-Federal funds. (C) Suspension of grants.--If a coalition fails to continue to meet the criteria set forth in this section, the Administrator may suspend the grant, after providing written notice to the grant recipient and an opportunity to appeal. (D) Renewal grants.--Subject to subparagraph (D), the Administrator may award a renewal grant to grant recipient under this subparagraph for each fiscal year following the fiscal year for which an initial grant is awarded, in an amount not to exceed the amount of non- Federal funds raised by the coalition, including in- kind contributions, for that fiscal year, during the 4- year period following the period of the initial grant. (7) Permitted use of funds.--A coalition receiving funds under this section may expend such Federal funds on any use or program that is contained in the plan submitted to the Administrator. (8) Congressional consultation.-- (A) In general.--Two years after the date of implementation of the program established in this section, the Comptroller General of the United States shall submit to Congress a report reviewing the effectiveness of the program in suppressing and reducing violent juvenile crime in the participating communities. (B) Contents of report.--The report submitted under subparagraph (A) shall include-- (i) an analysis of each community participating in the program, along with information regarding the plan undertaken in the community, and the effectiveness of the plan in reducing violent juvenile crime; and (ii) recommendations regarding the efficacy of continuing the program. (b) Information Collection and Dissemination With Respect to Coalitions.-- (1) Coalition information.--For the purpose of audit and examination, the Attorney General-- (A) shall have access to any books, documents, papers, and records that are pertinent to any grant or grant renewal request under this section; and (B) may periodically request information from a coalition to ensure that the coalition meets the applicable criteria. (2) Reporting.--The Attorney General shall, to the maximum extent practicable and in a manner consistent with applicable law, minimize reporting requirements by a coalition and expedite any application for a renewal grant made under this section. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2000 through 2003, of which-- (A) not less than $1,000,000 in each fiscal year shall be used for coalitions representing communities with a population of not more than 50,000; and (B) not less than 2 percent in each fiscal year shall be used for technical assistance and training under subsection (a)(2)(B). (2) Source of sums.--Amounts authorized to be appropriated pursuant to this subsection may be derived from the Violent Crime Reduction Trust Fund.

Requires the Attorney General, in carrying out the program, to: (1) make and track grants; and (2) provide for technical assistance and training, in addition to data collection and dissemination of relevant information, and general program administration. Directs the Attorney General to appoint or designate an Administrator to carry out the program. Sets forth initial grant and renewal requirements. Directs that a grant recipient (coalition) submit to the Attorney General a comprehensive plan for reducing violent juvenile crime that meets specified requirements, such as ensuring that: (1) heavy emphasis is placed on coordinated enforcement initiatives; (2) there is close collaboration between police and probation officers in the supervision of juvenile offenders; (3) a program is in place to trace all firearms seized from crime scenes or offenders in an effort to identify illegal gun traffickers; and (4) a program is in place to divert nonviolent juvenile offenders into substance or alcohol abuse treatment. Requires coalitions to establish a system to measure and report outcomes, devise a detailed model for measuring and evaluating success, and provide assurances that the plan will be evaluated regularly to assess progress in reducing violent juvenile crime. Directs the Attorney General to give priority to coalitions representing communities with demonstrated juvenile crime and drug abuse problems. Sets forth provisions regarding grant amounts, permitted use of funds, a Comptroller General report to Congress reviewing program effectiveness, and information collection and dissemination with respect to coalitions. Authorizes appropriations.

Safer Communities Partnership Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Rescue and Stabilization Act of 2008''. SEC. 2. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES. (a) Direct Appropriations.--There is authorized to be appropriated for fiscal year 2008, $10,000,000,000, to remain available until expended, for assistance to States, qualified metropolitan cities, and units of general local government for the redevelopment of abandoned and foreclosed homes. (b) Allocation of Appropriated Amounts.-- (1) Allocation by hud for states.--Any amounts appropriated or otherwise made available pursuant to this section shall be allocated by the Secretary of Housing and Urban Development among the States, and provided to the States, in amounts determined according to the funding formula established pursuant to paragraph (2). (2) Formula for allocation among states.-- (A) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a funding formula under this paragraph. (B) Criteria.--The funding formula under this paragraph shall provide that, of the aggregate amount appropriated or otherwise made available pursuant to this section, the amount allocated for each State shall be the amount that bears the same ratio to such aggregate amount as the number of foreclosures on mortgages for homes occurring in such State during the most recently completed two calendar quarters for which such information is available, as determined by the Secretary, bears to the aggregate number of such foreclosures occurring in all States during such calendar quarters, as such amount is adjusted to account for differences in the States in-- (i) the number and percentage of homes in a State that are financed by a subprime mortgage related loan; (ii) the number and percentage of homes in a State in default or delinquency; and (iii) the median home price in a State. (3) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed to the States according to the funding formula required under paragraph (2) not later than 30 days after the establishment of such formula. (4) Allocation by states for qualified metropolitan cities.-- (A) Requirement to allocate.--Of any amounts allocated pursuant to this subsection for a State, such State shall allocate for each qualified metropolitan city located in such State an amount, as determined according to the funding formula established pursuant to subparagraph (B). (B) Formula for allocation among states.-- (i) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a funding formula under this subparagraph. (ii) Criteria.--The funding formula under this subparagraph shall provide that, of the aggregate amount allocated pursuant to this subsection for a State, the amount allocated for a qualified metropolitan city located in the State shall be the amount that bears the same ratio to such aggregate amount as the number of foreclosures on mortgages for homes occurring in such qualified metropolitan city during the most recently completed two calendar quarters for which such information is available, as determined by the Secretary, bears to the aggregate number of such foreclosures occurring in such State during such calendar quarters, as such amount is adjusted to account for differences between the qualified metropolitan city in and State in-- (I) the percentage of homes that are financed by a subprime mortgage related loan; (II) the percentage of homes in default or delinquency; and (III) the median home price. (5) Other amounts.--Any amounts allocated for a State that are not allocated for a qualified metropolitan city pursuant to paragraph (4) may be used for any units of general local government in the State. (c) Use of Funds.-- (1) In general.--Any State, qualified metropolitan city, or unit of general local government that receives amounts pursuant to this section shall, not later than 18 months after the receipt of such amounts, use such amounts to redevelop abandoned and foreclosed homes. (2) Priority.--Any State, qualified metropolitan city, or unit of general local government that receives amounts pursuant to this section shall in distributing such amounts give priority emphasis and consideration to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those-- (A) with the greatest percentage of home foreclosures; (B) with the highest percentage of homes financed by a subprime mortgage related loan; or (C) identified by the State, qualified metropolitan city, or unit of general local government as likely to face a significant rise in the rate of home foreclosures. (3) Eligible uses.-- (A) In general.--Amounts made available under this section may be used only as follows: (i) Financial assistance through institutions and organizations.--To make grants, loans, and other financing mechanisms to community development financial institutions (as such term is defined under section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))), national intermediaries, and nonprofit housing or community development organizations and others to purchase and rehabilitate homes that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes. (ii) Financing mechanisms for redevelopment.--To establish financing mechanisms for redevelopment of foreclosed upon homes, including such mechanisms as soft- seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers. (iii) Purchase and rehabilitation for sale or rental.--To purchase and rehabilitate homes that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes. (iv) Land banks.--To establish land banks for homes that have been foreclosed upon. (v) Demolition.--To demolish blighted structures. (vi) Project-based rental assistance.--To provide rental assistance for low- and moderate-income persons (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) that is attached to single family and multifamily residences. (vii) Project operating reserves.--To provide grants for use to cover the loss of rental assistance or in conjunction with a project loan that is attached to single family and multifamily residences. (viii) Project operating subsidies.--To fund project operating accounts used to cover net operating income shortfalls for single and multifamily residences. Eligible operating costs shall include costs of management, taxes, handling, insurance, and other related costs. (ix) CDBG-eligible activities.--To carry out any activities that, under section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305), are eligible to be carried out with amounts provided under title I of such Act. (B) Limitation.--Any funds used under this section for the purchase of an abandoned or foreclosed upon home shall be at a cost equal to or less than the appraised value of the home based on the most up-to- date appraisal, as such appraisal is defined by the Secretary. (d) Rule of Construction.--Amounts appropriated or otherwise made available to States, qualified metropolitan cities, and units of general local government under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974. (e) Waiver Authority.-- (1) In general.--In administering any amounts appropriated or otherwise made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers (but not including the requirements of this section) in connection with the obligation by the Secretary or the use by the recipient of such funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), in order to expedite or facilitate the use of such funds. (2) Low and moderate income requirement.--Notwithstanding the authority of the Secretary under paragraph (1)-- (A) all of the funds appropriated or otherwise made available under this section shall be used with respect to persons whose incomes do not exceed 120 percent of area median income; and (B) not less than 25 percent of the funds made available under this section to any State, qualified metropolitan city, or unit of general local government shall be used with respect to persons whose incomes do not exceed 30 percent of the area median income. (f) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Qualified metropolitan city.--The term ``qualified metropolitan city'' means a metropolitan city, as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has a population of not less than 200,000, as determined by the 2000 decennial census. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State; unit of general local government.--The terms ``State'' and ``unit of general local government'' have the meanings given such terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (g) Emergency Designation.--The amounts appropriated under this title are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204 of S . Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.

Neighborhood Rescue and Stabilization Act of 2008 - Authorizes for FY2008 appropriations for assistance to states and local governmental units for the redevelopment of abandoned and foreclosed homes. Requires the Secretary of Housing and Urban Development (HUD) to allocate the funds among the states according to a funding formula reflecting the ratio that home mortgage foreclosures occurring in a state bears to the aggregate number of such foreclosures occurring in all states. Requires states to allocate funds to qualified metropolitan cities according to a similar formula. Requires states and local governmental units to give priority to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those: (1) with the greatest percentage of home foreclosures; (2) with the highest percentage of homes financed by a subprime mortgage related loan; or (3) identified as likely to face a significant rise in the rate of home foreclosures. Cites eligible uses and redevelopment financing mechanisms. Sets forth low- and moderate-income requirements for the use of all funds made available under this Act.

To provide economic stimulus through emergency community development block grant assistance for the redevelopment of abandoned and foreclosed homes.

SECTION 1. QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART VIII--QUALIFIED STATE TUITION PROGRAMS ``Sec. 529. Qualified State tuition programs. ``SEC. 529. QUALIFIED STATE TUITION PROGRAMS. ``(a) General Rule.--A qualified State tuition program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Qualified State Tuition Program.--For purposes of this section-- ``(1) In general.--The term `qualified State tuition program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person-- ``(i) may purchase tuition credits or certificates on behalf of a designated beneficiary which entitle the beneficiary to the waiver or payment of qualified higher education expenses of the beneficiary, or ``(ii) may make contributions to an account which is established for the sole purpose of meeting the qualified higher education expenses of the designated beneficiary of the account, and ``(B) which meets the other requirements of this subsection. ``(2) Cash contributions.--A program shall not be treated as a qualified State tuition program unless it provides that purchases or contributions may only be made in cash. ``(3) Refunds.--A program shall not be treated as a qualified State tuition program unless it imposes a more than de minimis penalty on any refund of earnings from the account which are not-- ``(A) used for qualified higher education expenses of the designated beneficiary, ``(B) made on account of the death or disability of the designated beneficiary, or ``(C) made on account of a scholarship received by the designated beneficiary to the extent the amount of the refund does not exceed the amount of the scholarship used for qualified higher education expenses. ``(4) Separate accounting.--A program shall not be treated as a qualified State tuition program unless it provides separate accounting for each designated beneficiary. ``(5) No investment direction.--A program shall not be treated as a qualified State tuition program unless it provides that any contributor to, or designated beneficiary under, such program may not direct the investment of any contributions to the program (or any earnings thereon). ``(6) No pledging of interest as security.--A program shall not be treated as a qualified State tuition program if it allows any interest in the program or any portion thereof to be used as security for a loan. ``(c) Tax Treatment of Designated Beneficiaries and Contributors.-- ``(1) In general.--Except as otherwise provided in this subsection, no amount shall be includible in gross income of-- ``(A) a designated beneficiary under a qualified State tuition program, or ``(B) a contributor to such program on behalf of a designated beneficiary, with respect to any distribution from, or earnings under, such program. ``(2) Distributions.-- ``(A) In general.--Any distribution under a qualified State tuition program shall be includible in the gross income of the distributee in the same manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. ``(B) In-kind distributions.--The furnishing of education to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary. ``(C) Change in beneficiaries.-- ``(i) Rollovers.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred to the credit of another designated beneficiary under a qualified State tuition program who is a member of the same family as the designated beneficiary with respect to which the distribution was made. ``(ii) Change in designated beneficiaries.--Any change in the designated beneficiary of an interest in a qualified State tuition program shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is a member of the same family as the old beneficiary. ``(D) Operating rules.--For purposes of applying section 72-- ``(i) all qualified State tuition programs of which an individual is a designated beneficiary shall be treated as one program, ``(ii) all distributions during a taxable year shall be treated as one distribution, and ``(iii) the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. ``(3) Gift tax treatment.--Any contribution on behalf of a designated beneficiary to a qualified State tuition program shall be treated as a qualified transfer for purposes of section 2503(e). ``(d) Reporting Requirements.-- ``(1) In general.--If-- ``(A) a designated beneficiary is furnished education under a qualified State tuition program during any calendar year, or ``(B) there is a distribution to any individual with respect to an interest in such program during any calendar year, each officer or employee having control of the qualified State tuition program or their designee shall make such reports as the Secretary may require regarding such education or distribution to the Secretary and to the designated beneficiary or the individual to whom the distribution was made. Any such report shall include such information as the Secretary may prescribe. ``(2) Timing of reports.--Any report required by this subsection-- ``(A) shall be filed at such time and in such matter as the Secretary prescribes, and ``(B) shall be furnished to individuals not later than January 31 of the calendar year following the calendar year to which such report relates. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Designated beneficiary.--The term `designated beneficiary' means-- ``(A) the individual designated at the commencement of participation in the qualified State tuition program as the beneficiary of amounts paid (or to be paid) to the program, ``(B) in the case of a change in beneficiaries described in subsection (c)(2)(C)(ii), the individual who is the new beneficiary, and ``(C) in the case of an interest in a qualified State tuition program purchased by a State or local government or an organization described in section 501(c)(3) and exempt from taxation under section 501(a) as part of a scholarship program operated by such government or organization, the individual receiving such interest as a scholarship. ``(2) Member of family.--The term `member of family' has the same meaning given such term as section 2032A(e)(2). ``(3) Qualified higher education expenses.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible education institution (as defined in section 135(c)(3)). ``(4) Application of section 514.--An interest in a qualified State tuition program shall not be treated as debt for purposes of section 514.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Transition rule.--If-- (A) a State or agency or instrumentality thereof maintains, on the date of the enactment of this Act, a program under which persons may purchase tuition credits or certificates on behalf of, or make contributions for education expenses of, a designated beneficiary, and (B) such program meets the requirements of a qualified State tuition program before the later of-- (i) the date which is 1 year after such date of enactment, or (ii) the first day of the first calendar quarter after the close of the first regular session of the State legislature that begins after such date of enactment, the amendments made by this section shall apply to contributions (and earnings allocable thereto) made before the later of such dates without regard to whether any requirements of such amendments are met with respect to such contributions and earnings. For purposes of subparagraph (B)(ii), if a State has a 2- year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Amends the Internal Revenue Code to exempt from taxation a qualified State tuition program. Defines such a program.

To amend the Internal Revenue Code of 1986 to provide an exemption from income taxation for qualified State tuition programs.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Indian Gaming Regulatory Act Amendments of 1994''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). SEC. 2. DEFINITIONS. (a) Class II Gaming.--(1) Clause (i) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is amended-- (A) by striking ``(if played in the same location)''; and (B) by striking ``bingo, and'' and inserting ``bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith so long as the fundamental characteristics of the game remain the same), and''. (2) Clause (ii) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is amended by striking ``that--'' and all that follows through ``such card games.'' at the end thereof and inserting a period. (3) Clause (ii) of section 4(7)(B) (25 U.S.C. 2703(7)(B)) is amended by inserting ``, except electronic or technological aids used in connection with class II games,'' after ``game of chance''. (4) Subparagraph (C) of section 4(7) (25 U.S.C. 2703(7)) is amended by striking ``Chairman'' and inserting ``Commission''. (5) Paragraph (7) of section 4 (25 U.S.C. 2703) is amended by striking subparagraphs (D), (E), and (F). (6) Paragraph (8) of section 4 (25 U.S.C. 2703) is amended by inserting at the end ``and means manufacturing and assembly of gaming devices (defined as gambling devices by section 5 of the Act of January 2, 1951 (15 U.S.C. 1175)).''. (b) Compact; Electronic Facsimile.--Section 4 of the Act (25 U.S.C. 2703) is amended by adding at the end the following new paragraphs: ``(11) The term `Compact' means the regulatory regime for operating class III gaming entered into by a tribe and the Secretary. ``(12) The term `electronic facsimile' means a copy of some or all of the fundamental elements of a game, where the electronic or electromechanical device alters the game rather than simply electronically replicating the fundamental elements of a game.''. (c) Section 6 of Public Law 101-301.--Section 6 of Public Law 101- 301 (25 U.S.C. 2703 note; 104 Stat. 209) is repealed. SEC. 3. POWERS OF THE CHAIRMAN. Section 6(b) of the Act (25 U.S.C. 2705(b)) is amended to read as follows: ``(b) Prior to taking any action set forth in subsection (a) of this section, the Chairman shall, in good faith, consult with the Tribe which has jurisdiction over the gaming activity in dispute and attempt to resolve the dispute in a manner that avoids such actions. Only after the Commission has concluded that cooperative resolution has been adequately pursued and that further consultation would be futile, may the Chairman take such actions.''. SEC. 4. POWERS OF THE COMMISSION. Section 7 (25 U.S.C. 2706) is amended-- (1) in subsection (a)(2), by inserting ``appropriate but not punitive'' after ``collection of''; (2) in subsections (b)-- (A) in paragraph (1), by inserting ``and class III gaming, where a Compact so provides, where gaming is'' after ``class II gaming''; and (B) in paragraph (2), by inserting ``and class III gaming, where a Compact so provides, where gaming'' after ``class II gaming''; and (3) by striking subsection (c). SEC. 5. INTERIM AUTHORITY TO REGULATE GAMING. Section 10 of the Act (25 U.S.C. 2709) is repealed. SEC. 6. TRIBAL GAMING ORDINANCES. (a) Class II Gaming.--Subsection (b) of section 11 (25 U.S.C. 2710) is amended by amending subparagraph (A) of paragraph (4) to read as follows: ``(A) A tribal ordinance or resolution may provide for the licensing or regulation of Indian charitable class II gaming activities on Indian lands up to the same level and scope as permitted by tribal class II gaming. A tribal ordinance or resolution may provide for the licensing or regulation of class II gaming activities owned by any person or entity other than the Indian tribe and conducted on Indian lands, only if the tribal licensing requirements include the requirements described in the subclauses of subparagraph (B)(i) and are at least as restrictive as those established by State law governing similar gaming within the jurisdiction of the State within which such Indian lands are located.''. (b) Regulation of Class II Gaming.--Subsection (c)(3) of section 11 (25 U.S.C. 2710) is amended by inserting ``, whether by management contract or otherwise,'' after ``class II gaming activity'' in the matter preceding subparagraph (A). (c) Class III Gaming.--Section 11(d) (25 U.S.C. 2710(d)) is amended-- (1) in paragraph (1), by amending subparagraphs (B) and (C) to read as follows: ``(B) located in a State where the requirements of paragraphs (6)(A) and (B) are satisfied and the gaming activity is eligible for inclusion in a Compact, and ``(C) conducted in conformance with a Compact that is in effect.''; (2) in paragraph (2)-- (A) by striking ``Tribal-State compact entered into under paragraph (3) by the Indian tribe'' in subparagraph (C) and inserting ``Compact''; (B) by striking ``Tribal-State compact'' in subparagraph (D)(iii)(I) and inserting ``Compact''; (3) by amending paragraph (3) to read as follows: ``(3)(A)(i) Any Indian tribe having jurisdiction over the Indian lands upon which a class III gaming activity is to be conducted shall request the Secretary to enter into a Compact with the tribe. Such request shall specify the gaming activity or activities to be governed by the Compact. ``(ii) Negotiations between the tribe and the Secretary shall be completed within 180 days, subject to the procedures required by paragraph (5)(B) that the Secretary and the tribe shall utilize to resolve disputes arising from negotiations. ``(iii) The Compact shall be effective upon publication in the Federal Register by the Secretary. ``(iv) The Commission shall pursuant to section 7 of this Act monitor class III gaming to the extent provided by each Compact as published by the Secretary. ``(B) Any Compact entered into under subparagraph (A) may include provisions relating to-- ``(i) the adoption of any of the criminal and civil laws and regulations of the Indian tribe, or with tribal consent, of the State, that are directly related to, and necessary for, the licensing and regulation of such activity; ``(ii) the assessment by the Secretary of such activities in such amounts as are necessary to defray the costs of regulating such activity; ``(iii) remedies for breach of contract; ``(iv) standards for the operation of such activity and maintenance of the gaming facility, including licensing; and ``(v) any other subjects that are reasonably related to the operation of gaming activities.''. (4) by striking out paragraphs (4) and (5); (5) by striking paragraph (8) and redesignating paragraph (9) as paragraph (11); and (6) by striking paragraphs (6) and (7) and inserting the following: ``(4) The provisions of section 5 of the Act of January 2, 1951 (25 Stat. 1175), shall not apply to any gaming on Indian lands, or to manufacturing and assembly of gaming devices on Indian lands. ``(5)(A) The United States district courts shall have jurisdiction over-- ``(i) any cause of action for a declaratory judgment arising from the failure of an Indian tribe and the Secretary to resolve disputes pursuant to paragraph (3) of this section, ``(ii) any cause of action initiated by United States or Indian tribe to enjoin a class III gaming activity located on Indian tribes and conducted in violation of any Compact entered into under paragraph (3) that is in effect, and ``(iii) any cause of action initiated by the Secretary or a tribe to enforce provisions of Compacts. ``(B) Notwithstanding any declaratory judgment action pending under paragraph (6), a tribe and the Secretary may negotiate and proceed to mediation under the Act on issues not subject to the declaratory judgment action. ``(6)(A) No later than 120 days after the Tribe has notified the Secretary its election to negotiate a Compact, or no later than such longer period as may be extended in writing by the parties, either party may initiate an action in Federal district court for a declaration whether a gaming activity is subject to Compact negotiation under this Act. In any such declaratory action, the court shall declare that the gaming activity as a matter of Federal law shall be the subject of negotiation if it finds that-- ``(i) the gaming activity is not prohibited as a matter of State criminal law and public policy; or ``(ii) if the gaming activity is subject to prosecution and criminal sanction as a matter of State law, the gaming activity meets one or more of the following criteria-- ``(I) its principal characteristics are substantially similar to principal characteristics of gaming activities that are not subject to prosecution and criminal sanction as a matter of State law; ``(II) State law permits the gaming activity subject to regulation; ``(III) as a matter of State law some person, organization, or entity within the State may engage in the gaming activity for some purpose; and ``(IV) there is a pervasive pattern of nonenforcement of the prohibition of such gaming. ``(B) The Compact also shall include such provisions which best meet the objectives of this Act and are consistent with any declaratory judgment issued pursuant to this paragraph. ``(7)(A) Subject to subparagraph (B), if the parties agree on a Compact, the Secretary shall adopt such Compact and publish the Compact in the Federal Register. ``(B) The Compact referred to in subparagraph (A) shall not be approved by the Secretary-- ``(i) unless it contains provisions relating to internal controls of cash flow transactions, recordkeeping and reporting, accounting, security, and licensing of employees; and ``(ii) if the Compact does not violate-- ``(I) any provisions of this Act; ``(II) any other provision of Federal law that does not relate to jurisdiction over gaming on Indian reservations; or ``(III) the trust obligations of the United States to Indians. ``(8) Except for an appeal under chapter 7 of title 5, United States Code, publication of a Compact pursuant to this subsection which permits a class III gaming activity shall be conclusive that such class III gaming is an activity subject to negotiations where the gaming is to be conducted, in any matter under consideration by the Commission or a Federal court. ``(9) If the parties do not agree on a Compact under this subsection before the date that is 45 days after the expiration of the 180-day period with respect to the last Tribal Compact proposal during the 180-day period, the Compact shall be considered approved, but only to the extent that the Compact is consistent with the provisions of this Act. ``(10) The Secretary shall publish in the Federal Register notice of any Compact that has been approved, or considered to have been approved, under this subsection. Failure of the Secretary to publish pursuant to this subsection shall not affect the legality of the compact, which shall be treated as if notice was timely and properly published.''; (7) in paragraph (11) (as so redesignated), by striking ``subsections (b), (c), (d), (f), (g), and (h) of''. SEC. 7. REVIEW OF EXISTING ORDINANCES AND CONTRACTS. (a) Management Contract.--Paragraph (3) of section 12(a) (25 U.S.C. 2711(a)) is amended by striking ``all collateral agreements to such contract that relate to the gaming activity'' and inserting ``all other agreements that comprise whole or partial consideration of the parties entering into the management agreement''. (b) Review.--Paragraph (1) of section 13(c) (25 U.S.C. 2712(c)) is amended by striking ``all collateral agreements,'' and inserting ``all related agreements involving the same parties, financing or leasing agreements, or any agreement that pertains to significant management functions or responsibilities,''. SEC. 8. CIVIL PENALTIES. (a) Date From Which Fines Run.--Paragraph (1) of section 14(a) (25 U.S.C. 2713(a)) is amended by adding at the end the following: ``Fines imposed under this paragraph may not run from before the date of notice of violation.''. (b) Informal Dispute Resolution.--Paragraph (2) of section 14(a) (25 U.S.C. 2713(a)) is amended by inserting ``an opportunity for resolving disputes informally and'' after ``provide''. SEC. 9. GAMING ON LANDS ACQUIRED AFTER DATE OF ENACTMENT. (a) Repeal of Concurrence by Governor.--Subparagraph (A) of section 20(b)(1) (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only'' and all that follows through ``determination''. (b) Application of Internal Revenue Code.--Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is amended-- (1) by inserting ``, and the exemption from Federal taxes provided to the States with respect to any gaming activity,'' after ``wagering operations'' the first place it appears; and (2) by striking ``or under a Tribal-State'' and all that follows through ``effect,'' and inserting ``and the reporting of cash transactions,''. SEC. 10. CRIMINAL PENALTIES. Subsections (c)(2) and (d) of section 1166 of title 18, United States Code, are each amended by striking ``Tribal State compact'' and inserting ``Compact''. SEC. 11. APPLICABILITY OF FEDERAL LAWS TO CLASS III GAMING. The Act (25 U.S.C. 2701 et seq.) is amended by adding at the end the following: ``miscellaneous ``Sec. 25. (a) Class III gaming activities that are as a matter of Federal law, lawfully in any jurisdiction on the date of the enactment of this section, shall, notwithstanding the provisions of this Act, remain lawful for purposes of section 11(d)(6) of this Act. ``(b) For purposes of Federal law, the laws in effect on the date that a tribe notifies the Secretary (or prior to 1993, notified the State) that it wishes to negotiate a Compact, shall be the basis for determining the scope of gaming in section 11(d) of this Act for any Compact, or for procedures in lieu of a compact. ``(c) For purposes of this Act, any change in State law which occurs after the earlier of (1) a Tribe's request to the State for negotiations of a Tribal-State Compact pursuant to this Act, or (2) the Tribe's request to the Secretary for a Compact pursuant to this Act, shall not have any affect upon the terms and conditions of the Compact, or upon the obligations of any government entity pursuant to this Act. ``(d) Notwithstanding any provision of this Act, tribes with Indian lands in the Eastern District of Washington shall be entitled to conduct class III gaming activities without a Compact, as long as such games are limited to the nature and scope of gaming activities in effect on or prior to November 1, 1994, so long as such activities are otherwise in compliance with this Act. ``(e) Notwithstanding any provision of this Act, tribes with Indian lands in Wisconsin shall be entitled to conduct class III gaming activities consistent with the decision of the Federal district court in Lac du Flambeau Band of Lake Superior Chippewa v. State of Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991).''. SEC. 12. EFFECTIVE DATE. (a) Tribal-State Compacts.--Notwithstanding any other provision of this Act or an amendment made by this Act, all Tribal-State Compacts approved by the Secretary of the Interior, and procedures for governance in lieu of Compacts promulgated by the Secretary, under the Indian Gaming Regulatory Act as in effect on the date before the date of enactment of this Act, shall continue to be fully operative and binding on the parties and shall not be subject to revision unless agreed to by the parties. (b) Pending Negotiations of Tribal-State Compacts.--Any tribe that requested a State to negotiate a Tribal-State Compact prior to the enactment of this Act and has not completed that process may request the Secretary to enter into a Compact as specified under section 11(d)(3)(A) of the Indian Gaming Regulatory Act, as provided by the amendments made by this Act. (c) Class III Gaming Under Certain Department of the Interior Regulations.--Notwithstanding any provision of the amendments made by this Act, tribes operating class III gaming pursuant to regulations promulgated by the Department of the Interior and in effect on or before the date of enactment of this Act shall be entitled to conduct class III gaming activities without the approval of a Compact, consistent with such regulations. (d) Definition.--For the purposes of this section, the term ``Tribal-State Compact'' has the same meaning given such term in the Indian Gaming Regulatory Act, as such Act was in effect on the date before the date of enactment of this Act.

Indian Gaming Regulatory Act Amendments of 1994 - Amends the Indian Gaming Regulatory Act to include manufacturing and assembly of gaming devices within the definition of "class III gaming." Defines "Compact" as the class III gaming regulatory regime. Directs the Chairman of the National Indian Gaming Commission (Commission) to consult with an affected tribe before taking action authorized by such Act. Authorizes the Commission to monitor class III gaming where a Compact so provides. Authorizes class II tribal gaming ordinances to regulate non-Indian gaming activities on Indian lands to the same level as class III regulations permit. Sets forth Compact provisions. Applies the Federal tax exemption given to State gaming activities to Indian gaming activities. Applies Federal laws to class III gaming activities.

Indian Gaming Regulatory Act Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance for Veterans Act of 2012'' or the ``HAVEN Act''. SEC. 2. DEFINITIONS. In this Act: (1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran. (3) Energy efficient features or equipment.--The term ``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is-- (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence.-- (A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is an eligible veteran's principal dwelling and is owned by such veteran or a family member of such veteran. (B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes-- (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or State-wide programs that primarily serve veterans or low-income individuals. (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Veteran.--The term ``veteran'' has the same meaning as given such term in section 101 of title 38, United States Code. (10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 3. ESTABLISHMENT OF A PILOT PROGRAM. (a) Grant.-- (1) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (2) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (3) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (b) Application.-- (1) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under paragraph (2), accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan of action detailing outreach initiatives; (B) the approximate number of veterans the qualified organization intends to serve using grant funds; (C) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (D) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans and serve their needs. (3) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization-- (A) with experience in providing housing rehabilitation and modification services for disabled veterans; or (B) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term ``rural areas''). (c) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (1) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low- income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (2) Have established outreach initiatives that-- (A) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; and (B) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (3) Have an established nationwide or State-wide network of affiliates that are-- (A) nonprofit organizations; and (B) able to provide housing rehabilitation and modification services for eligible veterans. (4) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (d) Use of Funds.--A grant award under the pilot program shall be used-- (1) to modify and rehabilitate the primary residence of an eligible veteran, and may include-- (A) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to-- (i) accommodate the functional limitations that result from having a disability; or (ii) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (B) rehabilitating such residence that is in a state of interior or exterior disrepair; and (C) installing energy efficient features or equipment if-- (i) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and (ii) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; (2) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and (3) for other purposes as the Secretary may prescribe through regulations. (e) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (f) Matching Funds.-- (1) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (2) In-kind contributions.--In order to meet the requirement under paragraph (1), such organization may arrange for in-kind contributions. (g) Limitation Cost to the Veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (h) Reports.-- (1) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written-- (A) the number of eligible veterans provided assistance under the pilot program; (B) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (C) the total number, types, and locations of entities contracted under such program to administer the grant funding; (D) the amount of matching funds and in-kind contributions raised with each grant; (E) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (F) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (G) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (H) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (I) any other information that the Secretary considers relevant in assessing such program. (2) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (i) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this Act $4,000,000 for each of fiscal years 2013 through 2017.

Housing Assistance for Veterans Act of 2012 or HAVEN Act - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans (at a specified limited or no cost to such veterans). Limits grant amounts to $1 million per organization. Requires the Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations.

A bill to establish a pilot program to authorize the Secretary of Housing and Urban Development to make grants to nonprofit organizations to rehabilitate and modify homes of disabled and low-income veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Main Street FIRST Act'' or as the ``Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Trading Transactions ``Sec. 4475. Tax on trading transactions. ``SEC. 4475. TAX ON TRADING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.--The tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction. ``(c) Specified Base Amount.--For purposes of this section, the term `specified base amount' means-- ``(1) except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and ``(2) in the case of any payment with respect to a derivative, the amount of such payment. ``(d) Covered Transaction.--For purposes of this section-- ``(1) In general.--The term `covered transaction' means-- ``(A) except as provided in subparagraph (B), any purchase if-- ``(i) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) the purchaser or seller is a United States person, and ``(B) any transaction with respect to a derivative if-- ``(i) such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) any party with rights under such derivative is a United States person. ``(2) Exceptions from tax.-- ``(A) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). ``(B) Exception for certain traded short-term indebtedness.--A note, bond, debenture, or other evidence of indebtedness which-- ``(i) is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and ``(ii) has a fixed maturity of not more than 100 days, shall not be treated as described in subsection (e)(1)(C). ``(e) Definitions.--For purposes of this section-- ``(1) Security.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness, and ``(D) any derivative. ``(2) Derivative.-- ``(A) In general.--The term `derivative' means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: ``(i) Any security described in subparagraph (A), (B), or (C) of paragraph (1). ``(ii) Any commodity which is actively traded (within the meaning of section 1092(d)(1)). ``(iii) Any currency. ``(iv) Any rate, price, amount, index, formula, or algorithm. ``(v) Any other item as the Secretary may prescribe. Such term shall not include any item described in clauses (i) through (v). ``(B) Exceptions from treatment as derivatives.-- ``(i) Securities lending, sale-repurchase, and similar financing transactions.--To the extent provided by the Secretary, the term `derivative' shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction. ``(ii) Insurance contracts, annuities, and endowments.--The term `derivative' shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation). ``(3) Qualified board or exchange.--The term `qualified board or exchange' has the meaning given such term by section 1256(g)(7). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and ``(B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. ``(2) Special rules for direct, etc., transactions.--In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by-- ``(A) in the case of a transaction described in subsection (d)(1)(A)-- ``(i) the purchaser if the purchaser is a United States person, and ``(ii) the seller if the purchaser is not a United States person, and ``(B) in the case of a transaction described in subsection (d)(1)(B)-- ``(i) the payor if the payor is a United States person, and ``(ii) the payee if the payor is not a United States person. ``(g) Treatment of Exchanges and Payments With Respect to Derivatives.--For purposes of this section-- ``(1) Treatment of exchanges.-- ``(A) In general.--An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. ``(B) Certain deemed exchanges.--In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. ``(2) Payments with respect to derivatives treated as separate transactions.--Except as otherwise provided by the Secretary, any payment with respect any derivative shall be treated as a separate transaction for purposes of this section. ``(h) Application to Transactions by Controlled Foreign Corporations.-- ``(1) In general.--For purposes of this section, a controlled foreign corporation shall be treated as a United States person. ``(2) Special rules for payment of tax on direct, etc., transactions.--In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)-- ``(A) Payment by united states shareholders.--Any tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). ``(B) Pro rata shares.--Each such United States shareholder shall pay the same proportion of such tax as-- ``(i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to ``(ii) the stock so owned by all United States shareholders in such controlled foreign corporation. ``(C) Definitions.--For purposes of this subsection, the terms `United States shareholder' and `controlled foreign corporation' have the meanings given such terms in sections 951(b) and 957(a), respectively. ``(i) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(j) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions.''. (b) Credit With Respect to Certain Tax-Favored Accounts To Offset Transaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36B the following new section: ``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX- FAVORED ACCOUNTS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 0.03 percent of the qualified tax-favored account contributions of the taxpayer for the taxable year. ``(b) Qualified Tax-Favored Account Contributions.--For purposes of this section, the term `qualified tax-favored account contributions' means, with respect to any taxable year, the sum of-- ``(1) with respect to qualified retirement plans (as defined in section 4974(c)) of the taxpayer, the amount contributed to such plans for such taxable year to the extent that such contributions are allowable as a deduction or are excludable from gross income (or, in the case of a Roth IRA (as defined in section 408A(b)), the amount contributed), ``(2) with respect to Archer MSAs of the taxpayer, the amount allowed as a deduction under section 220 for such taxable year, ``(3) with respect to health savings accounts of the taxpayer, the amount allowed as a deduction under section 223 for such taxable year, plus ``(4) with respect to qualified tuition programs (as defined in section 529), qualified ABLE programs (as defined in section 529A), and Coverdell education savings accounts (as defined in section 530), with respect to which the taxpayer is the designated beneficiary (or, in the case of a designated beneficiary with respect to whom another taxpayer is allowed a deduction under section 151, such other taxpayer in lieu of such designated beneficiary), the amount contributed for such taxable year.''. (c) Information Reporting With Respect to Controlled Foreign Corporations.--Section 6038(a)(1)(B) of such Code is amended by inserting ``and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation'' before the semicolon at the end. (d) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``36B''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Offset for transaction tax on contributions to certain tax- favored accounts.''. (3) The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on trading transactions''. (e) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2018.

Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. A "security" includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust; (3) any note, bond, debenture, or other evidence of indebtedness; and (4) derivatives that meet specified criteria. The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax: (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders. The bill allows an offset against such tax for contributions to certain tax-favored savings accounts.

Putting Main Street FIRST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 2001''. SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means a device or locking mechanism-- ``(A) that-- ``(i) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; ``(ii) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or ``(iii) is a safe, gun safe, gun case, lock box, or other device that is designed to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means; and ``(B) that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred.''. (b) Unlawful Acts.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices.-- ``(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun. ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a firearm; or ``(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a firearm for law enforcement purposes (whether on or off duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for purposes of law enforcement (whether on or off duty).''. (2) Effective date.--Section 922(y) of title 18, United States Code, as added by this subsection, shall take effect 180 days after the date of enactment of this Act. (c) Liability; Evidence.-- (1) Liability.--Nothing in this section shall be construed to-- (A) create a cause of action against any firearms dealer or any other person for any civil liability; or (B) establish any standard of care. (2) Evidence.--Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this section. (3) Rule of construction.--Nothing in this subsection shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(y) of that title. (d) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(y)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.''. SEC. 3. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following: ``SEC. 38. CHILD HANDGUN SAFETY LOCKS. ``(a) Establishment of Standard.-- ``(1) In general.-- ``(A) Rulemaking required.--Notwithstanding section 3(a)(1)(E) of this Act, the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of enactment of the Child Safety Lock Act of 2001 to establish a consumer product safety standard for locking devices. The Commission may extend the 90-day period for good cause. Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate a final consumer product safety standard under this paragraph within 12 months after the date on which it initiated the rulemaking. The Commission may extend that 12-month period for good cause. The consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which the final standard is promulgated. ``(B) Standard requirements.--The standard promulgated under subparagraph (A) shall require locking devices that-- ``(i) are sufficiently difficult for children to de-activate or remove; and ``(ii) prevent the discharge of the handgun unless the locking device has been de-activated or removed. ``(2) Certain provisions not to apply.-- ``(A) Provisions of this act.--Sections 7, 9, and 30(d) of this Act do not apply to the rulemaking proceeding under paragraph (1). Section 11 of this Act does not apply to any consumer product safety standard promulgated under paragraph (1). ``(B) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(D) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321) does not apply to this section. ``(b) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to the provisions of this section from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this section, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this section if such provision affords greater protection to children in respect of handguns than is afforded by this section. ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the consumer product safety standard promulgated by the Commission under subsection (a) shall be enforced under this Act as if it were a consumer product safety standard described in section 7(a). ``(d) Definitions.--In this section: ``(1) Child.--The term `child' means an individual who has not attained the age of 13 years. ``(2) Locking device.--The term `locking device' has the meaning given that term in clauses (i) and (iii) of section 921(a)(35)(A) of title 18, United States Code.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 38. Child handgun safety locks.''. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 38 of the Consumer Product Safety Act, such sums to remain available until expended.

Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities.Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care.Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act.Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to initiate a rulemaking proceeding to establish a consumer product safety standard for locking devices.

A bill to amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun and provide safety standards for child safety locks.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Oil Subsidy Elimination for New Strategies on Energy Act'' or the ``Oil SENSE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 Sec. 101. Termination of certain provisions of the Energy Policy Act of 2005. TITLE II--SUSPENSION OF ROYALTY RELIEF Sec. 201. Suspension of royalty relief. Sec. 202. Renegotiation of existing leases. TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES Sec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas. SEC. 2. FINDINGS. Congress finds that-- (1) record highs in oil and natural gas prices have resulted in record profits for oil and natural gas producers and refiners; (2) oil prices are projected to remain high for the foreseeable future; (3) the Department of the Interior estimates that as much as $66,000,000,000 worth of oil and natural gas taken from the deep waters of the Gulf of Mexico over the next 5 years will be exempt from Government royalty payments, which could amount to the Government losing an estimated $7,000,000,000 to $9,500,000,000 based on anticipated production and current price projections for oil and gas, according to an analysis in the 5-year budget plan of the Department of the Interior; (4) the chief executive officers of the top 5 oil companies stated at a November 9, 2005, joint hearing of the Committee on Energy and Natural Resource of the Senate and the Committee on Environment and Public Works of the Senate that their companies did not need the Federal tax incentives provided in the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); (5) the Statement of Administration Policy of June 14, 2005, on the energy bill that would become the Energy Policy Act of 2005 states, ``The President believes that additional taxpayer subsidies for oil-and-gas exploration are unwarranted in today's price environment, and urges the Senate to eliminate the Federal oil-and-gas subsidies and other exploration incentives contained in the bill.''; and (6) incentives for the energy industry should be focused on the development of renewable energy resources in the United States that will also promote, jobs, investment, innovation, and economic development in rural, agriculture-dependent areas. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 SEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005. (a) In General.--The following provisions of the Energy Policy Act of 2005 are repealed as of the date of enactment of this Act: (1) Section 343 (42 U.S.C. 15903) (relating to marginal property production incentives). (2) Section 344 (42 U.S.C. 15904) (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (3) Section 345 (42 U.S.C. 15905) (relating to royalty relief for deep water production). (4) Section 346 (Public Law 109-58; 119 Stat. 794) (relating to Alaska offshore royalty suspension). (5) Section 357 (42 U.S.C. 15912) (relating to comprehensive inventory of OCS oil and natural gas resources). (6) Section 362 (42 U.S.C. 15921) (relating to management of Federal oil and gas leasing programs). (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.) (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). (b) Termination of Alaska Offshore Royalty Suspension.-- (1) In general.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning Areas offshore Alaska''. (2) Effective date.--The amendment made by this subsection shall take effect as of the date of enactment of this Act. TITLE II--SUSPENSION OF ROYALTY RELIEF SEC. 201. SUSPENSION OF ROYALTY RELIEF. (a) In General.--Subject to subsection (c), the Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring after the date of enactment of this Act during any period in which-- (1) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $34.71 per barrel; and (2) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.34 per 1,000 cubic feet. (b) Determination of Average Prices.--For purposes of subsection (a), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (c) Required Adjustment.--For fiscal year 2008 and each subsequent fiscal year, each dollar amount specified in subsection (a) shall be adjusted to reflect changes for the 1-year period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 202. RENEGOTIATION OF EXISTING LEASES. (a) Requirement.--The Secretary shall renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in section 201(a). (b) Failure to Renegotiate and Modify.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee under a lease described in subsection (a) shall not be eligible-- (1) to enter into a new lease described in that subsection; or (2) to obtain by sale or other transfer any lease issued before that date, unless the lessee-- (A) renegotiates the lease; and (B) enters into an agreement with the Secretary to modify the terms of the lease in accordance with subsection (a). TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election to Expense Certain Refineries.-- (1) In general.--Subparagraph (B) of section 179C(c)(1) of the Internal Revenue Code of 1986 (relating to qualified refinery property) is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (b) Repeal of Treatment of Natural Gas Distribution Lines as 15- Year Property.-- (1) In general.--Clause (viii) of section 168(e)(3)(E) of such Code (relating to 15-year property) is amended by striking ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year Property.-- (1) In general.--Clause (iv) of section 168(e)(3)(C) of such Code (relating to 7-year property) is amended by inserting ``and which is placed in service before the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act'' after ``April 11, 2005,''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (d) Repeal of New Rule for Determining Small Refiner Exception to Oil Depletion Deduction.-- (1) In general.--Paragraph (4) of section 613A(d) of such Code (relating to certain refiners excluded) is amended to read as follows: ``(4) Certain refiners excluded.--If the taxpayer or a related person engages in the refining of crude oil, subsection (c) shall not apply to such taxpayer if on any day during the taxable year the refinery runs of the taxpayer and such person exceed 50,000 barrels.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. (e) Repeal of Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167 of such Code (relating to depreciation) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (2) Conforming amendment.--Section 263A(c)(3) of such Code is amended by striking ``167(h),''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act.

Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells; (2) incentives for natural gas production in the Gulf of Mexico; (3) royalty relief for deep water production; (4) Alaska offshore royalty suspension; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) management of federal oil and gas leasing programs; and (7) ultra-deepwater and unconventional natural gas and other petroleum resources. Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels; and (2) renegotiate certain existing leases for oil and natural gas production on federal land. Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries; (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines; and (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement (from 75,000 to 50,000) applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance.

A bill to suspend royalty relief, to repeal certain provisions of the Energy Policy Act of 2005, and to amend the Internal Revenue Code of 1986 to repeal certain tax incentives for the oil and gas industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Security in Mortgage Registration Act of 2010''. SEC. 2. PROHIBITION ON GUARANTEEING MERS MORTGAGES. (a) Fannie Mae and Freddie Mac.-- (1) Fannie mae.--Section 302(b) of the National Housing Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. ``(B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the corporation. Not later than the expiration of such period, the corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the corporation. The corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned, guaranteed, or securitized by the corporation for which the servicer, holder, or creditor has demonstrated to the corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (2) Freddie mac.--Section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the Corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. ``(B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the Corporation. Not later than the expiration of such period, the Corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the Corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Corporation. The Corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned, guaranteed, or securitized by the Corporation for which the servicer, holder, or creditor has demonstrated to the Corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the Corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (3) Regulations.--Not later than the expiration of the 90- day period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Director shall consult and coordinate with the Secretary of Housing and Urban Development to ensure that the regulations issued by the Director and the regulations issued by the Secretary pursuant to subsection (b)(2) of this section are uniform and consistent to maximum extent possible. (b) Ginnie Mae.-- (1) Prohibition.--Section 302(c) of the National Housing Act (12 U.S.C. 1717(c)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the Association may not newly guarantee the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. ``(B)(i) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned or held by the Association or on any mortgage contained in a pool backing or on which is based any trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association. ``(ii) Not later than the expiration of such period, the Association shall require that all mortgage loans that are owned or held at such time by the Association, or that at such time are contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, and on which MERS is the named mortgagee or mortgagee of record, shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Association. The Association shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned or held by the Association, or contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, for which the servicer, holder, or creditor has demonstrated to the Association, in accordance with standards established by the Secretary, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Association, in accordance with standards established by the Secretary, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period described in subparagraph (C)(i), the Association submit a report detailing its compliance with subparagraph (B) to the Congress, the Secretary, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (2) Regulations.--Not later than the expiration of the 90- day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Secretary shall consult and coordinate with the Director of the Federal Housing Finance Agency to ensure that the regulations issued by the Secretary and the regulations issued by the Director pursuant to subsection (a)(3) of this section are uniform and consistent to maximum extent possible SEC. 3. HUD STUDY. (a) Study.--The Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall conduct a study to analyze and determine-- (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various States; (2) any progress States have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development; (3) the current oversight role of the Federal Government in the transfer and recordation of land titles; (4) opportunities, and the feasibility of such opportunities, that may be present to leverage progress made by some States and localities to create an electronic land title recordation system, including through-- (A) a system that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title; and (B) further actions by the States or by the Federal Government, or coordinated actions of both; and (5) the feasibility of creating a Federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title. (b) Report.--Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall submit to the Congress a report on the results and findings of the study conducted under this section.

Transparency and Security in Mortgage Registration Act of 2010 - Amends the National Housing Act to prohibit the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) from purchasing, acquiring, newly lending on the security of, newly investing in securities consisting of, or otherwise newly dealing in any Mortgage Electronic Registration System, Inc. (MERS) mortgage or mortgages. Prohibits the Government National Mortgage Association (Ginnie Mae) from newly guaranteeing the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. Directs Fannie Mae, Freddie Mac, and Ginnie Mae to require all their current MERS mortgages to be assigned to the proper servicer, holder, or creditor. Directs the Secretary of Housing and Urban Development (HUD) to study and report to Congress to analyze and determine: (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various states; (2) any progress states have made in developing electronic land title recordation systems containing uniform standards; (3) the current oversight role of the federal government in the transfer and recordation of land titles; and (4) the feasibility of creating a federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting state real property law governing the transfer and perfection of land title.

To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Washington Airports Act Amendments of 1995''. SEC. 2. FINDINGS. Section 6002(7) of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2451(7)) is amended-- (1) by inserting ``declining'' after ``perceived''; and (2) by striking ``the growing local interest,'' and inserting ``the increasing need for local planning and management on a metropolitan statistical area basis,''. SEC. 3. AIRPORTS AUTHORITY. (a) Board of Directors.--Section 6007 of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2456) is amended by striking subsections (e), (f), (g), and (h) and inserting the following: ``(e) Board of Directors.-- ``(1) Appointment.--The Airports Authority shall be governed by a board of directors of 11 members as follows: ``(A) 1 member shall be appointed by the Governor of Virginia. ``(B) 1 member shall be appointed by the Mayor of the District of Columbia. ``(C) 1 member shall be appointed by the Governor of Maryland. ``(D) 2 members shall be appointed by the Virginia State legislature. ``(E) 2 members shall be appointed by those representatives from Virginia local governments who are on the Board of Directors of the Metropolitan Washington Council of Governments. ``(F) 2 members shall be appointed by those representatives from the District of Columbia government who are on the Board of Directors of the Metropolitan Washington Council of Governments. ``(G) 2 members shall be appointed by those representatives from Maryland local governments who are on the Board of Directors of the Metropolitan Washington Council of Governments. The Chairman shall be appointed from among the members by a majority vote of the members and shall serve until replaced by a majority vote of the members. ``(2) Restrictions.--Members (A) shall serve without compensation other than reasonable expenses incident to board functions, and (B) must reside within the Washington Standard Metropolitan Statistical Area. ``(3) Terms.--Members shall be appointed for terms of 4 years. ``(4) Required number of votes.--7 votes shall be required to approve bond issues and the annual budget. ``(f) Airport Noise.-- ``(1) Balanced environmental protection.--In order to protect the public from the impact of aircraft noise and at the same time provide for suitable air transportation service to the Washington Standard Metropolitan Statistical Area, a proposed action of the board of directors which could result in a change in the impact of aircraft noise in the vicinity of a Metropolitan Washington Airport may not take unless, at least 60 days before the action is to take effect, the board of directors-- ``(A) notifies, in writing, the Committee on Noise Abatement at National and Dulles Airports of the Washington Council of Governments of the action for the purpose of allowing such committee the opportunity to review, and submit comments on, the action; and ``(B) submits, in writing, to such committee a response to any comment of such committee with respect to the action within 30 days after the date of receipt of such comment.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsections (b) and (c), the amendments made by sections 2 and 3 shall take effect on the date of the enactment of this Act. (b) Limitation on Applicability.--Persons appointed as members of the board of directors of the Metropolitan Washington Airports Authority on the date of the enactment of this Act shall continue to serve on such board until their respective terms expire under former section 6007(e). (c) Initial Appointments.-- (1) Virginia appointments.--The Governor of Virginia shall appoint under new section 6007(e)(1)(A) a person to fill the vacancy of the first member appointed by the Governor of Virginia under former section 6007(e)(1)(A) whose term expires after the date of the enactment of this Act. The Virginia State legislature shall appoint under new section 6007(e)(1)(D) persons to fill the vacancies of the second and third members appointed by the Governor under former section 6007(e)(1)(A) whose terms expire after such date of enactment. Representatives from Virginia local governments shall appoint under new section 6007(e)(1)(E) persons to fill the vacancies of the fourth and fifth members appointed by the Governor under former section 6007(e)(1)(A) whose terms expire after such date of enactment. (2) District of columbia appointments.--The Mayor of the District of Columbia shall appoint under new section 6007(e)(1)(B) a person to fill the vacancy of the first member appointed by the Mayor of the District of Columbia under former section 6007(e)(1)(B) whose term expires after the date of the enactment of this Act. Representatives from the District of Columbia government shall appoint under new section 6007(e)(1)(F) persons to fill the vacancies of the second and third such members appointed by the Mayor under former section 6007(e)(1)(B) whose terms expire after such date of enactment. (3) Maryland appointments.--The Governor of Maryland shall appoint under new section 6007(e)(1)(C) a person to fill the vacancy of the first member appointed by the Governor of Maryland under former section 6007(e)(1)(C) whose term expires after the date of the enactment of this Act. Representatives from Maryland local governments shall appoint under new section 6007(e)(1)(G)-- (A) a person to fill the vacancy of the second member appointed by the Governor under former section 6007(e)(1)(C) whose term expires after such date of enactment; and (B) a person to fill the vacancy of the member appointed by the President under former section 6007(e)(1)(D) when the term of such member expires after such date of enactment. (d) Definitions.--In this section, the following definitions apply: (1) Former section 6007(e).--The term ``former section 6007(e)'' means section 6007(e) of the Metropolitan Washington Airports Act of 1986 as in effect on the day before the date of the enactment of this Act. (2) New section 6007(e).--The term ``new section 6007(e)'' means section 6007(e) of the Metropolitan Washington Airports Act of 1986, as amended by section 3 of this Act.

Metropolitan Washington Airports Act Amendments of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise congressional findings with respect to the two federally owned airports in the Washington metropolitan area to declare a perceived declining limited need for a Federal role in the management of these airports and increasing need for local planning and management on a metropolitan statistical area basis. (Sec. 3) Revises the composition of the Board of Directors for the Metropolitan Washington Airports Authority. Repeals the mandate for and authority of a Board of Review of the Airports Authority, thus abolishing it. Prohibits any proposed action of the Board of Directors which could result in a change in the impact of aircraft noise in the vicinity of a Metropolitan Washington Airport unless, at least 60 days before the action is to take effect, it: (1) notifies the Committee on Noise Abatement at National and Dulles Airports of the Washington Council of Governments of the action to allow them an opportunity to review, and submit comments on, such action; and (2) submits to such committee a response to any committee comment with respect to such action. (Sec. 4) Requires persons appointed as members of the Board upon the enactment of this Act to continue to serve until their original terms expire. Provides for the appointment of persons to fill vacancies on the Board.

Metropolitan Washington Airports Act Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``RCAF/RAF-Americans Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Europe was at war before the end of 1939. England and her British Commonwealth of Nations, which included the Dominion of Canada, were warring with Nazi Germany. (2) Early in World War II the Royal Canadian Air Force (RCAF) needed large numbers of pilots and the British Commonwealth Air Training Plan (BCATP) made Canada a center for aircrew training. (3) Approximately 8,864 Americans volunteered to join the RCAF beginning as early as 1940 and continuing throughout World War II. These RCAF-Americans came from every state in the Union. (4) Many of the RCAF-Americans were urgently needed as flying instructors and helped to fully staff the BCATP operations. (5) Approximately 750 Americans (244 with the highly regarded Eagle Squadrons) also served in Great Britain with the RAF. The Eagle Squadrons served from February, 1941, until September, 1942, and provided the British welcome relief from the stress of losing large numbers of combat pilots. (6) President Franklin Roosevelt called the BCATP the ``Aerodrome Of Democracy''. Canadian Prime Minister Mackenzie King, General Dwight Eisenhower, and British Prime Minister Winston Churchill, all expressed their gratitude to the United States men and women who took part in the British Commonwealth Air Training Plan. (7) Approximately 3,794 Americans transferred to the U.S. Army Air Force (USAAF) after the attack on Pearl Harbor. The 3 Eagle Squadrons (No.71/No.121/No.133), transferred into the 4th Fighter Group, USAAF in September 1942. (8) The transfer of these courageous RCAF/RAF-Americans helped prevent a shortage of experienced airmen in the aftermath of America's entry into the war. (9) Many of these highly trained and experienced RCAF/RAF- Americans pilots performed crucial roles as flight instructors for the USAAF. (10) The accumulated knowledge and skills possessed by these RCAF/RAF-American airmen resulted in many becoming highly accomplished USAAF combat pilots. (11) One of the most highly decorated military groups, the American Fighter Aces, can count many of these RCAF/RAF- Americans among their venerable ranks. (12) These brave Americans left their families to join the RCAF/RAF and over 800 lost their lives while serving. They represent the exceptional courage that has been displayed in the defense of Freedom throughout our Nation's history. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in commemoration of all U.S. nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II, both before and after Japan's attack on Pearl Harbor, in recognition of their contributions to the Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the U.S. nationals described under subsection (a), and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

RCAF/RAF-Americans Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal in commemoration of all U.S. nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II.

RCAF/RAF-Americans Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Mortgage Insurance Technical Corrections and Clarification Act''. SEC. 2. CHANGES IN AMORTIZATION SCHEDULE. (a) Treatment of Adjustable Rate Mortgages.--The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended-- (1) in section 2-- (A) in paragraph (2)(B)(i), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (B) in paragraph (16)(B), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''; (C) by redesignating paragraphs (6) through (16) (as amended by the preceding provisions of this paragraph) as paragraphs (8) through (18), respectively; and (D) by inserting after paragraph (5) the following new paragraph: ``(6) Amortization schedule then in effect.--The term `amortization schedule then in effect' means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows-- ``(A) the amount of principal and interest that is due at regular intervals to retire the principal balance and accrued interest over the remaining amortization period of the loan; and ``(B) the unpaid balance of the loan after each such scheduled payment is made.''; and (2) in section 3(f)(1)(B)(ii), by striking ``amortization schedules'' and inserting ``the amortization schedule then in effect''. (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at the end the following new sentence: ``A residential mortgage that (A) does not fully amortize over the term of the obligation, and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this Act.''. (c) Treatment of Loan Modifications.-- (1) In general.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) Treatment of Loan Modifications.--If a mortgagor and mortgagee (or holder of the mortgage) agree to a modification of the terms or conditions of a loan pursuant to a residential mortgage transaction, the cancellation date, termination date, or final termination shall be recalculated to reflect the modified terms and conditions of such loan.''. (2) Conforming amendments.--Section 4(a) of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''; (ii) in subparagraph (A)(ii)(IV), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (iii) in subparagraph (B)(iii), by striking ``section 3(f)'' and inserting ``section 3(g)''; and (B) in paragraph (2), by striking ``section 3(f)(1)'' and inserting ``section 3(g)(1)''. SEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES. (a) Termination of Private Mortgage Insurance.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (c), by inserting ``on residential mortgage transactions'' after ``imposed''; and (2) in subsection (g) (as so redesignated by section 2(c)(1)(A) of this Act)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``mortgage or''; (B) in paragraph (2), by striking ``mortgage or''; and (C) in paragraph (3), by striking ``mortgage or'' and inserting ``residential mortgage or residential''. (b) Disclosure Requirements.--Section 4 of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``mortgage or'' the first place it appears; and (ii) by striking ``mortgage or'' the second place it appears and inserting ``residential''; and (B) in paragraph (2), by striking ``mortgage or'' and inserting ``residential''; (2) in subsection (c), by striking ``paragraphs (1)(B) and (3) of subsection (a)'' and inserting ``subsection (a)(3)''; and (3) in subsection (d), by inserting before the period at the end the following: ``, which disclosures shall relate to the mortgagor's rights under this Act''. (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.-- Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``a residential mortgage or''; and (B) in paragraph (2), by inserting ``transaction'' after ``residential mortgage''; and (2) in subsection (d), by inserting ``transaction'' after ``residential mortgage''. SEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE. Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting after ``cancellation date'' the following: ``or any later date that the mortgagor fulfills all of the requirements under paragraphs (1) through (4)''; (B) in paragraph (2), by striking ``and'' at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) is current on the payments required by the terms of the residential mortgage transaction; and''; and (2) in subsection (e)(1)(B) (as so redesignated by section 2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)'' and inserting ``subsection (a)(4)''. SEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS. (a) Good Payment History.--Section 2(4) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the semicolon; and (2) in subparagraph (B)-- (A) by inserting ``the later of (i)'' before ``the date''; and (B) by inserting ``, or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)'' before the period at the end. (b) Automatic Termination.--Paragraph (2) of section 3(b) of the Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as follows: ``(2) if the mortgagor is not current on the termination date, on the first day of the first month beginning after the date that the mortgagor becomes current on the payments required by the terms of the residential mortgage transaction.''. (c) Premium Payments.--Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended by adding at the end the following new subsection: ``(h) Accrued Obligation for Premium Payments.--The cancellation or termination under this section of the private mortgage insurance of a mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage insurer to enforce any obligation of such mortgagor for premium payments accrued prior to the date on which such cancellation or termination occurred.''. SEC. 6. DEFINITIONS. (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners Protection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by inserting after ``refinanced'' the following: ``(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))''. (b) Midpoint of the Amortization Period.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after paragraph (6) (as added by section 2(a)(1)(D) of this Act) the following new paragraph: ``(7) Midpoint of the amortization period.--The term ``midpoint of the amortization period'' means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.''. (c) Original Value.--Section 2(12) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C) of this Act) is amended-- (1) by inserting ``transaction'' after ``a residential mortgage''; and (2) by adding at the end the following new sentence: ``In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.''. (d) Principal Residence.--Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended-- (1) in paragraph (14) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''; and (2) in paragraph (15) (as so redesignated by section 2(a)(1)(C) of this Act) by striking ``primary'' and inserting ``principal''. Passed the House of Representatives May 23, 2000. Attest: JEFF TRANDAHL, Clerk.

Includes balloon mortgages within the definition of "adjustable rate mortgages." States that if a residential mortgage loan is modified (with mortgagor-mortgagee agreement) the cancellation date, termination date, or final agreement shall be recalculated to reflect such modifications. (Sec. 4) Extends mortgage insurance cancellation rights beyond the cancellation date for a qualifying borrower who is current on required payments. (Sec. 5) Revises the automatic termination date with respect to a mortgagor who is not current on payments as of the mortgage termination date. States that the cancellation or termination of private mortgage insurance shall not affect the rights of any mortgagee, servicer, or insurer to enforce any accrued obligation for premium payments. (Sec. 6) Revises specified definitions.

Private Mortgage Insurance Technical Corrections and Clarification Act

SECTION 1. HOV FACILITIES. (a) In General.--Section 166 of title 23, United States Code, is amended to read as follows: ``Sec. 166. HOV facilities ``(a) Definitions.--In this section, the following definitions apply: ``(1) Alternative fuel vehicle.--The term `alternative fuel vehicle' means a dedicated vehicle that is operating solely on-- ``(A) methanol, denatured ethanol, or other alcohols; ``(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; ``(C) natural gas; ``(D) liquefied petroleum gas; ``(E) hydrogen; ``(F) fuels (except alcohol) derived from biological materials; ``(G) electricity (including electricity from solar energy); or ``(H) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10, Code of Federal Regulations (or successor regulations). ``(2) HOV facility.--The term `HOV facility' means a high occupancy vehicle facility. ``(3) Public transportation vehicle.--The term `public transportation vehicle' means a vehicle that-- ``(A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12141)) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and ``(B)(i) is owned or operated by a public entity; ``(ii) is operated under a contract with a public entity; or ``(iii) is operated pursuant to a license by the Secretary or a State agency to provide motorbus or school vehicle transportation services to the public. ``(4) State agency.-- ``(A) In general.--The term `State agency', as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility. ``(B) Inclusion.--The term `State agency' includes a State transportation department. ``(b) State Requirements.-- ``(1) Authority of state agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ``(2) Occupancy requirement.--Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(c) Exceptions.-- ``(1) In general.--Notwithstanding the occupancy requirement of subsection (b)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility. ``(2) Motorcycles and bicycles.-- ``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ``(B) Safety exception.-- ``(i) In general.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. ``(ii) Acceptance of certification.--The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. ``(3) Public transportation vehicles.--The State agency may allow public transportation vehicles to use the HOV facility if the agency establishes-- ``(A) requirements for clearly identifying the vehicles; and ``(B) procedures for enforcing the restrictions on the use of the facility by the vehicles. ``(4) High occupancy toll vehicles.--The State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency-- ``(A) establishes a program that addresses how motorists can enroll and participate in the toll program; ``(B) develops, manages, and maintains a system that will automatically collect the toll; and ``(C) establishes policies and procedures-- ``(i) to manage the demand to use the facility by varying the toll amount that is charged; and ``(ii) to enforce violations of use of the facility. ``(5) Alternative fuel vehicles and new qualified plug-in electric drive motor vehicles.-- ``(A) Use of hov facilities.--For a period beginning not later than 1 year after the date of enactment of this section and ending on September 30, 2017, the State agency-- ``(i) may allow alternative fuel vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986), to use HOV facilities in the State; and ``(ii) shall establish procedures for use in enforcing the restrictions on that use of HOV facilities by those vehicles. ``(B) Existing programs and procedures.--The State agency shall-- ``(i) not later than 1 year after the date of enactment of this section, develop and publish in the Federal Register a plan for use in-- ``(I) revising the HOV facility programs and procedures of the State agency to ensure that those programs and procedures are in compliance with this section; and ``(II) notifying the public of any upcoming changes in vehicle eligibility for HOV facility usage; and ``(ii) not later than 3 years after the date of enactment of this section, update HOV facility programs and procedures in accordance with the plan described in clause (i). ``(d) Requirements Applicable to Tolls.-- ``(1) In general.--Notwithstanding sections 129 and 301, and except as provided in paragraph (2), tolls may be charged under subsection (c)(4). ``(2) Excess toll revenues.--If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under subsection (c)(4), the State, in the use of toll revenues under subsection (c)(4), shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. ``(e) HOV Facility Management, Operation, Monitoring, and Enforcement.-- ``(1) In general.--A State agency that allows vehicles to use a HOV facility under paragraph (4) or (5) of subsection (c) shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify that the agency will carry out the following responsibilities with respect to the facility: ``(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the HOV facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways and submitting to the Secretary annual reports of those impacts. ``(B) Establishing, managing, and supporting an enforcement program that ensures that the HOV facility is being operated in accordance with this section. ``(C) Limiting or discontinuing the use of the HOV facility by the vehicles, whenever the operation of the facility is degraded, that requires such a limitation or discontinuation of use to apply first to vehicles using the HOV facility under subsection (c)(4) before applying to vehicles using the HOV facility under subsection (c)(5). ``(2) Maintenance of operating performance.--A facility that has become degraded shall be brought back into compliance with the minimum average operating speed performance standard by not later than 180 days after the date on which the degradation is identified through changes to operation, including the following: ``(A) Increase the occupancy requirement for HOVs. ``(B) Increase the toll charged for vehicles allowed under subsection (b) to reduce demand. ``(C) Charge tolls to any class of vehicle allowed under subsection (b) that is not already subject to a toll. ``(D) Limit or discontinue allowing vehicles under subsection (b). ``(E) Increase the available capacity of the HOV facility. ``(3) Compliance.--If the State fails to bring a facility into compliance under paragraph (2), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. ``(4) Degraded facility.-- ``(A) Definition of minimum average operating speed.--In this paragraph, the term `minimum average operating speed' means less than 65 percent of the HOV facility rated speed limit. ``(B) Standard for determining degraded facility.-- For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the HOV facility are failing to maintain a minimum average operating speed 65 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).''. (b) Sense of Congress.--It is the sense of Congress that the Secretary and the States should provide additional incentives (including the use of high occupancy vehicle lanes on State highways and routes on the Interstate System) for the purchase and use of advanced technology and dedicated alternative fuel vehicles, which have been proven to minimize air emissions and decrease consumption of fossil fuels.

Revises state agency authority with respect to operation of high occupancy vehicle (HOV) facilities. Replaces the exception from general HOV restrictions for low emission and energy-efficient vehicles with one for alternative fuel vehicles and new qualified plug-in electric drive motor vehicles. Authorizes a state agency (including a state transportation department) with jurisdiction over the operation of an HOV facility to permit alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV lane highways. Requires states to establish procedures for enforcing restrictions on such vehicles operating on HOV lane highways. Requires a state agency which collects tolls on HOV facilities for their use by vehicles not otherwise exempted from HOV restrictions to use excess toll revenues for certain highway projects, giving priority consideration to those for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. Expresses the sense of Congress that the Secretary of Transportation and states should provide additional incentives (including the use of HOV lanes on state Interstate System highways and routes) for the purchase and use of advanced technology and dedicated alternative fuel vehicles.

A bill to improve provisions of title 23, United States Code relating to the use of HOV facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Benefit Plan Security and Protection Act of 1994''. SEC. 2. CLARIFICATION OF SCOPE OF FIDUCIARY DUTIES UNDER ERISA. (a) In General.--Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following new paragraphs: ``(3)(A) In any case in which a fiduciary, in the course of managing a plan or exercising authority or control respecting management or disposition of its assets, has an occasion to choose between any two alternative investments of plan assets, if the fiduciary in making such choice takes into account other factors in addition to the rate of return, the riskiness of the investment, and other direct economic factors, the fiduciary shall not be considered to be discharging the fiduciary's duties with respect to the plan in accordance with paragraph (1) and section 403(c)(1) unless-- ``(i) the fiduciary has determined in advance that both alternatives are economically equally advantageous to the participants and beneficiaries under the plan, and ``(ii) such other factors are taken into account solely to the extent that they would be in the economic interest of participants and beneficiaries of the plan. ``(B)(i) A fiduciary with respect to a plan shall not be considered to be discharging the fiduciary's duties with respect to the plan in accordance with paragraph (1) and section 403(c)(1) if the fiduciary, in making investment decisions with respect to plan assets, takes into account external benefits. ``(ii) A fiduciary shall not be treated as failing to discharge the fiduciary's duties with respect to the plan in accordance with paragraph (1) or section 403(c)(1) solely because such investment yields external benefits. ``(iii) For purposes of this subparagraph, the term `external benefit' means, in connection with any investment of plan assets, a benefit to individuals other than participants or beneficiaries under the plan. ``(4)(A) Neither the Secretary nor any other agency or instrumentality of the Government of the United States may-- ``(i) establish or maintain, or cause to be established or maintained, by means of subsidy or otherwise, any list of investments or classes of investments purporting to satisfy the requirements of paragraph (1) or section 403(c)(1), or ``(ii) in any manner pledge, guarantee, ensure, or otherwise represent that any particular investment or class of investments will yield a sufficiently high rate of return at a sufficiently low level of risk to satisfy the requirements of paragraph (1) or section 403(c)(1). ``(B) None of the funds authorized or appropriated to carry out this Act or any other provision of law may be used-- ``(i) by the Secretary or any other agency or instrumentality of the United States, or ``(ii) by any other institution or entity established, chartered, or subsidized by the United States, to subsidize, or to otherwise increase the rate of return on, any particular investment or class of investments for the purpose of causing the requirements of paragraph (1) or section 403(c)(1) to be met with respect to such investment or class of investments. ``(5) Nothing in this title shall be construed to permit any matter unrelated to the economic interests of participants and beneficiaries under employee benefit plans to be taken into account in determining whether a fiduciary has discharged such fiduciary's duties with respect to a plan in accordance with paragraph (1) and section 403(c)(1).''. SEC. 3. CLARIFICATION OF SCOPE OF EXCLUSIVE BENEFIT RULE UNDER THE INTERNAL REVENUE CODE. (a) In General.--Section 401(a) of the Internal Revenue Code of 1986 (requirements for qualification of pension, profit-sharing, and stock bonus plans) is amended by inserting after paragraph (31) the following new paragraph: ``(32) Additional rules relating to exclusive benefit rule.-- ``(A) In general.--The requirements of paragraph (2) shall not be treated as satisfied with respect to a plan, in any case in which a fiduciary, in the course of managing a plan or exercising authority or control respecting management or disposition of its assets, has an occasion to choose between any two alternative investments of plan assets, if the fiduciary in making such choice takes into account other factors in addition to the rate of return, the riskiness of the investment, and other direct economic factors, unless-- ``(i) the fiduciary has determined in advance that both alternatives are economically equally advantageous to the employees and their beneficiaries under the plan, and ``(ii) such other factors are taken into account solely to the extent that they would be in the economic interest of the employees and their beneficiaries of the plan. ``(B) Disregard of external benefits.-- ``(i) In general.--The requirements of paragraph (2) shall not be treated as satisfied with respect to a plan in any case in which a fiduciary with respect to the plan, in making investment decisions with respect to plan assets, takes into account external benefits. ``(ii) External benefits permissible.--The requirements of paragraph (2) shall not be treated as not satisfied solely because such investment yields external benefits. ``(iii) External benefit.--For purposes of this subparagraph, the term `external benefit' means, in connection with any investment of plan assets, a benefit to individuals other than the employees or their beneficiaries under the plan. ``(C) Noninterference with fiduciary responsibilities.-- ``(i) Prohibition against lists and other referrals.--Neither the Secretary nor any other agency or instrumentality of the Government of the United States may-- ``(I) establish or maintain, or cause to be established or maintained, by means of subsidy or otherwise, any list of investments or classes of investments purporting to satisfy the requirements of subparagraph (A), or ``(II) in any manner pledge, guarantee, ensure, or otherwise represent that any particular investment or class of investments will yield a sufficiently high rate of return at a sufficiently low level of risk to satisfy the requirements of subparagraph (A). ``(ii) Prohibition against subsidies.--None of the funds authorized or appropriated to carry out this title or any other provision of law may be used-- ``(I) by the Secretary or any other agency or instrumentality of the United States, or ``(II) by any other institution or entity established, chartered, or subsidized by the United States, to subsidize, or to otherwise increase the rate of return on, any particular investment or class of investments for the purpose of causing the requirements of subparagraph (A) to be met with respect to such investment or class of investments. ``(D) Irrelevance of matters other than economic interests of employees and their beneficiaries.-- Nothing in this paragraph or paragraph (2) shall be construed to permit any matter unrelated to the economic interests of the employees and their beneficiaries to be taken into account in determining whether the requirements of paragraph (2) have been satisfied.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to acts or failures to act occurring on or after the date of the enactment of this Act.

Employee Benefit Plan Security and Protection Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise provisions regarding employee benefit plan fiduciary duties in relation to external benefits, social investing, and economically targeted investments.

Employee Benefit Plan Security and Protection Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Government Economic Empowerment Act''. SEC. 2. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE LOANS. (a) In General.--Subject to subsection (b), each State, county, incorporated municipality, and Indian tribe shall be entitled to obtain a loan under section 3, unless such unit of government is delinquent in repaying a prior loan. (b) Maximum Amount Limitation.--The total amount of money to which any entity described in subsection (a) is entitled to borrow under this section shall not exceed the amount equal to the product of-- (1) the resident population, as determined by the Secretary on the basis of the 2000 census, of the geographic territory over which the entity has jurisdiction; and (2) the amount equal to-- (A) in the case of a State, $200; (B) in the case of a county (as defined in section 2 of title 1, United States Code), $200; (C) in the case of an incorporated municipality, $600; and (D) in the case of an Indian tribe, $1,000. SEC. 3. INTEREST-FREE LOANS. Subject to sections 2(b) and 4, the Secretary shall issue an interest-free loan to any government unit described in section 2(a) if the Secretary obtains such assurances as the Secretary determines to be appropriate from the unit that the proceeds of such loan will be used solely for the purpose of funding capital projects of the governmental unit, including the construction of or improvements to-- (1) streets, highways, bridges, and tunnels; (2) waste water and sewer systems; and (3) infrastructure and other public facilities. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Disbursement Requirements.--Loans made under section 3 shall be disbursed by the Secretary-- (1) in a lump sum for the full amount of the loan; or (2) if the Secretary determines that partial disbursements are appropriate in the case of loans for construction projects in order to accommodate a greater number of loan requests, over the construction period of the project. (b) Minimum Phase-In Period.--Disbursements on all eligible loans made under section 3 shall begin before the end of the 5-year period beginning on the date of enactment of this Act. (c) Period to Maturity.--The period to maturity of any loan made under section 3 shall be the estimated number of years of the useful life of the infrastructure installation (if any) which is financed by the loan, but, in any case, shall be a minimum of 10 years and a maximum of 30 years. (d) Applicability of State Law.--The number or the principal amounts of interest-free loans made under section 3 to any governmental unit established by a State, or the period to maturity of any such loan, may not exceed the maximum number, amount, or period to maturity established under the law of such State, unless the State provides a waiver from any such limitation with respect to any such governmental unit. (e) Administrative Fees.--The Secretary shall impose an administrative fee on each recipient of a loan under section 3 in an amount not to exceed the lesser of-- (1) 0.25 percent of the total amount of the loan; or (2) an amount sufficient to cover all administrative costs incurred by the Secretary, including overhead, for making and administering the loan. (f) Terms of Repayment.--The repayment terms of any loan made under section 3 shall require quarterly payments by the recipient in equal amounts determined by dividing-- (1) the sum of the principal and the administrative fees applicable with respect to such loan; by (2) the number of calendar quarters any portion of which falls within the period to maturity of the loan. (g) Collections of Past Due Amounts and Collection Fees.-- (1) Enforced collections.--The Secretary shall take action to enforce collection of past due amounts of any loan on which 4 or more quarterly payments are due and payable. (2) Impoundment of delinquent amount.--In the case of any delinquent loan described in paragraph (1), the Secretary may seek an order from a district court of the United States of appropriate jurisdiction directing a United States Marshall to impound, under authority of this subsection, any available funds of the debtor in an amount equal to the amount currently due as of the date of such action to reduce or eliminate the delinquency. (3) Waiver of debtor's right to defend against collection.--As a condition for receiving any loan under section 3, the recipient shall waive any right to take any legal action to prevent or defend against the collection by the Secretary of any amount which the parties agree is past due. (4) Cost of collection.--The costs incurred by the Secretary in collecting any amount under this subsection with respect to any loan shall be added to and treated as a part of the principal amount of the loan. (5) Balance of loan principal and fees payable in accordance with terms of loan.--A debtor who is subject to collection proceedings under this subsection for any delinquent portion of a loan under section 3 shall continue to meet the repayment schedule applicable to such loan for the remaining amount of principal and fees. (h) Repayment of Loans.--Loans made under section 3 shall be repaid to the Secretary in accordance with the terms established under this Act and shall be deposited into the Treasury of the United States. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (2) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands. SEC. 6. PROGRAM AUTHORITY. In accordance with the provisions of this Act, there are hereby made available, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to make loans to all entities described in section 2(a).

State and Local Government Economic Empowerment Act - Directs the Secretary of Commerce to issue an interest-free loan to any State, county, incorporated municipality, or Indian tribe upon obtaining appropriate assurances that the proceeds of the loan will be used solely for funding capital projects, including the construction of or improvements to: (1) streets, highways, bridges, and tunnels; (2) waste water and sewer systems; and (3) infrastructure and other public facilities. Sets maximum loan limitations. Entitles each such unit of government to obtain an interest-free loan unless it is delinquent in repaying a prior loan.

To direct the Secretary of Commerce to make noninterest bearing loans to State and local governments solely for the purpose of funding capital projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Business Fairness Act of 1997''. SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS INCREASED. (a) In General.--Section 162(l)(1) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self- employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, the taxpayer's spouse, and dependents.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. CLARIFICATION OF DEFINITION OF PRINCIPAL PLACE OF BUSINESS. (a) In General.--Subsection (f) of section 280A of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Principal place of business.--For purposes of subsection (c), a home office shall in any case qualify as the principal place of business if-- ``(A) the office is the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the taxpayer, and ``(B) the office is necessary because the taxpayer has no other location for the performance of the essential administrative or management activities of the business.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. ``(a) Safe Harbor.-- ``(1) In general.--For purposes of this title, if the requirements of subsections (b), (c), and (d), or the requirements of subsections (d) and (e), are met with respect to any service performed by any individual, then with respect to such service-- ``(A) the service provider shall not be treated as an employee, ``(B) the service recipient shall not be treated as an employer, ``(C) the payor shall not be treated as an employer, and ``(D) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(2) Availability of safe harbor not to limit application of other laws.--Nothing in this section shall be construed-- ``(A) as limiting the ability of a service provider, service recipient, or payor to apply other applicable provisions of this title, section 530 of the Revenue Act of 1978, or the common law in determining whether an individual is not an employee, or ``(B) as a prerequisite for the application of any provision of law described in subparagraph (A). ``(b) Service Provider Requirements With Regard to the Service Recipient.--For purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has the ability to realize a profit or loss, ``(2) incurs unreimbursed expenses which are ordinary and necessary to the service provider's industry and which represent an amount at least equal to 2 percent of the service provider's adjusted gross income attributable to services performed pursuant to 1 or more contracts described in subsection (d), and ``(3) agrees to perform services for a particular amount of time or to complete a specific result or task. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) has a principal place of business, ``(2) does not primarily provide the service at a single service recipient's facilities, ``(3) pays a fair market rent for use of the service recipient's facilities, or ``(4) operates primarily with equipment not supplied by the service recipient. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the service provider are performed pursuant to a written contract between such service provider and the service recipient, or the payor, and such contract provides that the service provider will not be treated as an employee with respect to such services for Federal tax purposes. ``(e) Business Structure and Benefits Requirement.--For purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) conducts business as a properly constituted corporation or limited liability company under applicable State laws, and ``(2) does not receive from the service recipient or payor benefits that are provided to employees of the service recipient. ``(f) Special Rules.--For purposes of this section-- ``(1) Failure to meet reporting requirements.--If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of section 6041(a) or 6041A(a) with respect to a service provider, then, unless the failure is due to reasonable cause and not willful neglect, the safe harbor provided by this section for determining whether individuals are not employees shall not apply to such service recipient or payor with respect to that service provider. ``(2) Burden of proof.--For purposes of subsection (a), if-- ``(A) a service provider, service recipient, or payor establishes a prima facie case that it was reasonable not to treat a service provider as an employee for purposes of this section, and ``(B) the service provider, service recipient, or payor has fully cooperated with reasonable requests from the Secretary or his delegate, then the burden of proof with respect to such treatment shall be on the Secretary. ``(3) Related entities.--If the service provider is performing services through an entity owned in whole or in part by such service provider, the references to `service provider' in subsections (b) through (e) may include such entity, provided that the written contract referred to in subsection (d) is with such entity. ``(g) Determinations by the Secretary.--For purposes of this title-- ``(1) In general.-- ``(A) Determinations with respect to a service recipient or a payor.--A determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective no earlier than the notice date if-- ``(i) the service recipient or the payor entered into a written contract satisfying the requirements of subsection (d), ``(ii) the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a) or 6041A(a) for all taxable years covered by the agreement described in clause (i), and ``(iii) the service recipient or the payor demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(B) Determinations with respect to a service provider.--A determination by the Secretary that a service provider should have been treated as an employee shall be effective no earlier than the notice date if-- ``(i) the service provider entered into a contract satisfying the requirements of subsection (d), ``(ii) the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all taxable years covered by the agreement described in clause (i), and ``(iii) the service provider demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(C) Reasonable cause exception.--The requirements of subparagraph (A)(ii) or (B)(ii) shall be treated as being met if the failure to satisfy the applicable reporting requirements is due to reasonable cause and not willful neglect. ``(2) Construction.--Nothing in this subsection shall be construed as limiting any provision of law that provides an opportunity for administrative or judicial review of a determination by the Secretary. ``(3) Notice date.--For purposes of this subsection, the notice date is the 30th day after the earlier of-- ``(A) the date on which the first letter of proposed deficiency that allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent, or ``(B) the date on which the deficiency notice under section 6212 is sent. ``(h) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs a service for another person. ``(2) Service recipient.--Except as provided in paragraph (4), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (4), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipient does not pay the service provider. ``(4) Exceptions.--The terms `service recipient' and `payor' do not include any entity in which the service provider owns in excess of 5 percent of-- ``(A) in the case of a corporation, the total combined voting power of stock in the corporation, or ``(B) in the case of an entity other than a corporation, the profits or beneficial interests in the entity. ``(5) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to the operation of the service provider's trade or business. ``(6) Principal place of business.--For purposes of subsection (c), a home office shall in any case qualify as the principal place of business if-- ``(A) the office is the location where the service provider's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the service provider, and ``(B) the office is necessary because the service provider has no other location for the performance of the essential administrative or management activities of the business. ``(7) Fair market rent.--The term `fair market rent' means a periodic, fixed minimum rental fee which is based on the fair rental value of the facilities and is established pursuant to a written agreement with terms similar to those offered to unrelated persons for facilities of similar type and quality.'' (b) Clarification of Rules Regarding Evidence of Control.--For purposes of determining whether an individual is an employee under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), compliance with statutory or regulatory standards shall not be treated as evidence of control. (c) Repeal of Section 530(d) of the Revenue Act of 1978.--Section 530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax Reform Act of 1986) is repealed. (d) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor for determining that certain individuals are not employees.'' (e) Effective Dates.-- (1) In general.--The amendments made by, and the provisions of, this section shall apply to services performed after the date of enactment of this Act. (2) Determinations by secretary.--Section 3511(g) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to determinations after the date of enactment of this Act. (3) Section 530(d).--The amendment made by subsection (c) shall apply to periods ending after the date of enactment of this Act.

Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.

Home-Based Business Fairness Act of 1997

SECTION 1. INDEPENDENT SAFETY ASSESSMENT. Not later than 6 months after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress a report containing the results of-- (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of the systems at the Indian Point Energy Center, Units 2 and 3, located in Westchester County, New York, including the systems described in section 2; and (2) a comprehensive evaluation of the radiological emergency plan for Indian Point Energy Center, Units 2 and 3, conducted by the Nuclear Regulatory Commission and the Department of Homeland Security, which shall include-- (A) a detailed explanation of the factual basis upon which the Nuclear Regulatory Commission and the Federal Emergency Management Agency relied in-- (i) approving the radiological emergency plan; and (ii) making subsequent annual findings of reasonable assurance that the plan will adequately protect the public in the event of an emergency, beginning on July 25, 2003 and continuing to the present; (B) a detailed response to each of the criticisms of the radiological emergency plan contained in the Review of Emergency Preparedness of Areas Adjacent to Indian Point and Millstone, published by James Lee Witt Associates on January 10, 2003; and (C) a detailed explanation of what criteria the Nuclear Regulatory Commission and Department of Homeland Security use in determining whether or not reasonable assurance can be provided that the radiological emergency plan is adequate to protect public health and safety, including what threshold figures of injuries and fatalities these agencies consider acceptable or tolerable in the event of a nuclear accident. SEC. 2. SYSTEMS. The systems referred to in section 1(1) are the following: (1) The reactor protection system. (2) The control room ventilation system and the containment ventilation system. (3) The 4.16 kv electrical system. (4) The condensate system. (5) The spent fuel storage systems. SEC. 3. INDEPENDENT SAFETY ASSESSMENT TEAM. The Independent Safety Assessment conducted at Indian Point Nuclear Power Plant shall be conducted by an Independent Safety Assessment Team with 25 members, comprised of-- (1) 16 members from the Nuclear Regulatory Commission who are unaffiliated with the Nuclear Regulatory Commission Region 1 office or the Nuclear Regulatory Commission Office of Nuclear Reactor Regulation; (2) 6 independent contractors with no history of having worked for or at the Indian Point Energy Center or any other nuclear power plant owned or operated by Entergy Corporation; (3) the President of New York State Energy and Research Development Authority or his designee; (4) the Director of the Bureau of Hazardous Waste and Radiation Management, in the Division of Solid and Hazardous Materials of the New York State Department of Environmental Conservation, or his designee; and (5) a New York State-appointed independent contractor with experience in system engineering and no history of affiliation with any nuclear power plant owned by Entergy Corporation. SEC. 4. INDEPENDENT SAFETY ASSESSMENT MONITORING. The Independent Safety Assessment conducted at Indian Point Nuclear Energy Center shall be monitored by-- (1) an Independent Safety Assessment Observation Group comprised of 4 officials appointed by the State of New York; and (2) an Independent Safety Assessment Citizens' Review Team comprised of 5 individuals appointed by the State of New York, with one resident from each Emergency Planning Zone county (Westchester, Rockland, Putnam, and Orange) appointed in consultation with the respective County Executive. The Independent Safety Assessment Observation Group and Independent Safety Assessment Citizens' Review Team shall frequently provide publicly available updates on the progress and conduct of the Independent Security Assessment to the Governor of New York. SEC. 5. INDEPENDENT SAFETY ASSESSMENT MODEL. The Independent Safety Assessment conducted at Indian Point Energy Center shall be equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the Nuclear Regulatory Commission in 1996. SEC. 6. INCORPORATION INTO RELICENSING PROCESS. The final decision by the Nuclear Regulatory Commission as to whether to renew the operating licenses for Unit 2 or Unit 3 at the Indian Point Energy Center shall not be made until-- (1) the Nuclear Regulatory Commission has fully entered the complete report and findings of the Independent Safety Assessment into the administrative record of the license renewal proceeding for Unit 2 and Unit 3 at the Indian Point Energy Center; and (2) the applicant has fully accepted and implemented all findings and recommendations of the Independent Safety Assessment, including-- (A) undertaking all recommended repairs; (B) replacement of safety-related equipment; (C) changes to monitoring plans; and (D) revision of the radiological emergency preparedness plans as called for in the report. The applicant shall not be allowed to operate the reactors past the expiration date of its current operating licenses for Unit 2 and Unit 3 through administrative license renewals or any other means prior to meeting the requirements in paragraph (1) and paragraph (2) of this section. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Nuclear Regulatory Commission to carry out this Act $10,000,000 for fiscal year 2008, to remain available until expended.

Directs the Nuclear Regulatory Commission (NRC) to report to Congress regarding: (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of certain systems at the Indian Point Energy Center, Units 2 and 3, Westchester County, New York; and (2) a comprehensive evaluation of the radiological emergency plan for the Center, conducted by the NRC and the Department of Homeland Security. Requires that such Independent Safety Assessment be: (1) conducted by an Independent Safety Assessment Team; (2) monitored by an Independent Safety Assessment Observation Group and by an Independent Safety Assessment Citizens' Review Team; and (3) equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the NRC in 1996. Prescribes conditions for a final NRC decision to renew the operating licenses for Units 2 and 3 at the Center.

To require the Nuclear Regulatory Commission to conduct an Independent Safety Assessment of the Indian Point Energy Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Classification Act of 1994''. SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION. (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--CLASSIFICATION OF INFORMATION ``classification criteria ``Sec. 801. (a) Information may be classified under this title only if the interest of the public in knowing such information is outweighed by the damage to the national security of the United States which demonstrably could be expected to result from the public release of such information. ``(b) If there is reasonable doubt about the need to classify information, it shall not be classified. ``(c) Information that may be considered for classification is information that includes (but is not limited to) any of the following concerns: ``(1) The ability of the United States military to defend the Nation from armed aggression, engage in armed conflict, or participate in peacekeeping or multinational operations abroad. ``(2) The vulnerability of United States Government personnel, facilities, weapons technology, or related systems to armed attack, loss or compromise, or measures that would weaken their effectiveness or counter their capabilities. ``(3) Diplomatic relations between the United States and another country or international organization of governments. ``(4) Intelligence sources and methods, including those related to covert actions and cryptologic activities. ``(5) The ability of the United States to apply critical research or technology to the national defense or foreign relations of the United States. ``(d) In no case shall information be classified in order to-- ``(1) conceal violations of law, inefficiency, or administrative error; ``(2) prevent embarrassment to a person, organization, or agency; ``(3) restrain competition; ``(4) prevent or delay the release of information that does not require protection in the interests of national security; ``(5) control access to basic scientific research information not clearly related to the national security; ``(6) control information after it has been released to the public or a member thereof under proper authority; or ``(7) prevent the public release of a compilation of items of information which individually are not classified. ``classification levels ``Sec. 802. (a) Information may be classified if at the time the original classification decision is made either of the following is identified or described: ``(1) Exceptionally grave damage to the national security of the United States which could demonstrably be expected to result from the public release of such information. ``(2) Serious damage to the national security of the United States which could demonstrably be expected to result from the public release of such information. ``(b) Information shall be classified under subsection (a)(2) if there is a reasonable doubt about the appropriate level of classification. ``(c)(1) Information obtained directly from a foreign government may retain the classification assigned by that foreign government if the foreign government is on the list published under section 805(b)(3). ``(2) Information obtained directly from a foreign government that is not on the list published under section 805(b)(3) may only be classified under this title. ``classification authority ``Sec. 803. Original classification authority may only be exercised by the President and such other officials as the President may designate. The President shall publish annually in the Federal Register the officials designated under this section to exercise original classification authority. ``duration of classification ``Sec. 804. (a) To the extent possible, the original classification authority shall determine the date when or event upon which declassification shall occur, based on the duration of the national security sensitivity of the information. The date or event may not exceed the periods specified in subsection (b), except as provided in subsection (c). ``(b) Except as provided in subsection (c)-- ``(1) information classified under section 802(a)(1) shall be marked for declassification not later than the end of the 10-year period beginning on the date of the original classification decision; and ``(2) information classified under section 802(a)(2) shall be marked for declassification not later than the end of the 6- year period beginning on the date of the original classification decision. ``(c)(1) Not earlier than 180 days before the scheduled date of declassification of information, the original classification authority or successor may extend the period for which such information is to remain classified. Any such extension shall be based on the continued existence of the basis for the original classification, as specified in the original classification determination. ``(2) The period of extension of the classification of information under paragraph (1) may not exceed the original period for which such information was classified. ``(3) Additional periods of extension of classification of information under this subsection may be made in accordance with this subsection. ``(d) Whenever information classified under this title is requested for release under any other provision of law, the original classification authority or successor shall review the basis for the original classification decision and determine whether the information can be declassified or whether the classification level can be reduced. ``(e)(1) Except as provided in paragraph (3), information classified under Executive Order 12356, as in effect on the day before the date of approval of the joint resolution under section 806, may remain classified for the shorter of-- ``(A) the original period specified in the original classification of the information, beginning on the date of such original classification, or ``(B) the 25-year period beginning on the date of the original classification of such information. ``(2) Upon the expiration of the period applicable under paragraph (1) to information, the information shall be declassified unless the period of classification is extended under subsection (c). ``(3) In the case that, with respect to information, both periods specified under paragraph (1) either have expired or will expire within 180 days after the date of approval of the joint resolution under section 806, the information shall be declassified on the date that is 180 days after such date unless the period of classification is extended under subsection (c). ``information security oversight office ``Sec. 805. (a) There shall be the Information Security Oversight Office, to be headed by a director appointed by the President. ``(b) The Office shall be responsible for the following: ``(1) All functions and responsibilities exercised by the Information Security Oversight Office as such functions and responsibilities existed on the day before the date of enactment of this title. ``(2)(A) A periodic review of the classification of information under this title, including-- ``(i) the appropriateness of the level of classification to the information classified; and ``(ii) the basis for the classification decision with respect to the information. ``(B) Referring to the original classification authority or successor for reconsideration of questions concerning information raised pursuant to paragraph (2). ``(3) The annual determination of, and publication of a list of, foreign governments that have written procedures generally applicable to the classification of information that are available to the public. ``(c) This section shall take effect on the date of approval of the joint resolution under section 806. ``congressional approval of implementing actions ``Sec. 806. (a) The President shall develop a proposal for implementing this title and shall submit such proposal to the Congress for approval in accordance with subsection (b). ``(b)(1) The proposal referred to in subsection (a) may not take effect until after Congress approves the proposal by joint resolution in accordance with this section. ``(2) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. ``(3) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. ``definitions ``Sec. 807. For the purposes of this title: ``(1) The term `information' means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. ``(2) The term `original classification' means an initial determination that information requires, in the interest of national security, protection against public release.''. (b) Conforming Amendment.--The table of contents of the National Security Act of 1947 is amended by adding at the end the following: ``TITLE VIII--CLASSIFICATION OF INFORMATION ``Sec. 801. Classification criteria. ``Sec. 802. Classification levels. ``Sec. 803. Classification authority. ``Sec. 804. Duration of classification. ``Sec. 805. Information Security Oversight Office. ``Sec. 806. Congressional approval of implementing actions. ``Sec. 807. Definitions.''.

Information Classification Act of 1994 - Amends the National Security Act of 1994 to add provisions relating to the classification and declassification of information. Allows information to be classified under such Act only if the public interest in knowing such information is outweighed by national security damage which could be expected to result from the release of such information. Provides that if there is reasonable doubt about the need to classify information, it shall not be classified. Specifies information that may be classified (military, diplomatic, or intelligence information, or research or technology critical to the national defense) and purposes for which information shall not be classified (to conceal violations of law, inefficiency, or error, prevent embarassment, restrain competition, or control access to information not clearly related to national security). Provides: (1) classification levels (exceptionally grave damage, serious damage); (2) classification authority only for the President and his designees; and (3) classification duration (ten years for the highest classification, six for the next level, with authorized extensions). Establishes the Information Security Oversight Office. Requires such Office to periodically review the classification of information under such Act. Directs the President to develop and submit to the Congress for approval a proposal for implementing this Act. Requires congressional approval by joint resolution.

Information Classification Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Derivatives Supervisory Improvement Act of 1998''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There should be consistency, coordination, and clarity in the regulation of derivative instruments used by financial institutions. (2) Banks and their affiliates developed, and remain the principal participants in, the derivatives markets. (3) Regulation of the derivatives markets directly affects the liquidity, efficiency, capital position, and safety and soundness of the banking industry and the safety and soundness of the Federal deposit insurance fund. (4) Regulation of the derivatives markets has profound consequences for the continued effectiveness of the bank supervisory process, including the capital provisions of the Federal banking agencies. (5) Statutes and regulations governing use of financial derivatives by depository institutions in the United States, including over-the-counter and exchange-traded derivatives, should be brought up to date to reflect the rapid evolution of the markets in recent years, framed so as to keep pace with changes in the markets brought on by the onrush of technological advances, and formulated in a manner that enhances the legal certainty of derivatives transactions. (6) The Congress desires interagency cooperation to harmonize, to the maximum extent possible, United States rules and regulations related to the derivatives markets. (7) Regulatory arbitrage is a fact of commerce, with market participants having the tendency to move to the weakest regulator. (8) The stability of the international financial system and the competitive position of United States financial institutions are jeopardized if foreign markets are regulated less prudently than United States markets. SEC. 3. ESTABLISHMENT OF WORKING GROUP ON FINANCIAL DERIVATIVES. (a) Establishment; Composition.--There is established the Working Group on Financial Derivatives, which shall consist of-- (1) the Secretary of the Treasury; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Chairman of the Securities and Exchange Commission; (4) the Chairman of the Commodity Futures Trading Commission; (5) the Comptroller of the Currency; (6) the Director of the Office of Thrift Supervision; (7) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; and (8) the President of the Federal Reserve Bank of New York. (b) Chairmanship.--The Chairman of the Working Group on Financial Derivatives shall be the Secretary of the Treasury. (c) Designation of Officers and Employees.--The members of the Working Group on Financial Derivatives may, from time to time, designate other officers or employees of their respective agencies to assist in carrying out the duties on the Working Group on Financial Derivatives. (d) Establishment of Advisory Committees.--In the development of recommendations related to derivative products, the Working Group on Financial Derivatives shall consult, to the widest extent possible, with market participants, and may establish advisory committees accordingly. (e) Sunset; Reports.--The Working Group on Financial Derivatives shall cease to exist upon the enactment of legislation authorizing appropriations for the Commodity Futures Trading Commission for any fiscal year after fiscal year 2000. The Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System shall submit to the Congress every 6 months, during the 4-year period beginning on the date of such cessation, a report on the progress of the implementation of the recommendations of the Working Group on Financial Derivatives. SEC. 4. STUDY AND RECOMMENDATIONS ON REGULATION OF DERIVATIVES MARKETS. (a) Study.--The Working Group on Financial Derivatives established under section 2-- (1) shall conduct a study on the regulation of the derivatives markets, including over-the-counter derivatives and exchange-traded derivatives, in which depository institutions, brokers or dealers registered under the Securities and Exchange Act of 1934, foreign banks, or affiliates of a depository institution or a foreign bank, participate; and (2) shall develop recommendations for modernizing and harmonizing statutes, regulations, and policies-- (A) to reflect changes in the markets described in paragraph (1); (B) to improve their operations; (C) to enhance legal certainty for all types of instruments related to such markets, including hybrid instruments and swap agreements; and (D) to promote the harmonization of regulation of such markets worldwide. (b) Reports.-- (1) Interim report.--Not later than 6 months after the date of the enactment of this Act, the Working Group on Financial Derivatives established under section 2 shall submit an interim report to the Congress describing the working group's progress. (2) Final report.--Not later than 1 year after the date of the enactment of this Act, the Working Group on Financial Derivatives established under section 2 shall submit a final report to the Congress describing the study conducted under subsection (a)(1) and containing the recommendations developed under subsection (a)(2). (3) Separate views.--The reports under paragraph (1) and (2) may include separately stated views of any member of the working group. SEC. 5. PROTECTION OF INTERNATIONAL BANKING SYSTEM. To protect customers, stabilize the international financial system, and underpin the safety and soundness of banking institutions in the United States and the banking system around the world, the Government of the United States and the Working Group on Financial Derivatives should make a high priority continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those applicable in United States markets. SEC. 6. RESTRICTIONS RELATING TO HYBRID INSTRUMENTS AND SWAP AGREEMENTS. Notwithstanding any other provision of law-- (1) during the period beginning on the date of the enactment of this Act and ending upon the enactment of legislation authorizing appropriations for the Commodity Futures Trading Commission for any fiscal year after fiscal year 2000, the Commodity Futures Trading Commission may not, without the approval of the Secretary of the Treasury, propose or promulgate any rule, regulation, or order, or issue any interpretive or policy statement, that restricts or regulates activity in a hybrid instrument or swap agreement-- (A) that is eligible for exemption under part 34 or 35 of title 17, Code of Federal Regulations (as in effect on January 1, 1998); and (B) to which a depository institution, a broker or dealer registered under the Securities and Exchange Act of 1934, a foreign bank, or an affiliate of a depository institution or a foreign bank, is a party; and (2) a hybrid instrument or swap agreement described in paragraph (1) that is entered into before the period described in such paragraph shall not be subject to section 2(a)(1)(B)(v) of the Commodity Exchange Act (7 U.S.C. 2a(a)(1)(B)(v)). SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``depository institution'' has the meaning given such term in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)). (2) The term ``foreign bank'' has the meaning given such term in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(b)(7)).

Financial Derivatives Supervisory Improvement Act of 1998 - Establishes the Working Group on Financial Derivatives to study and report to the Congress on: (1) the regulation of derivatives markets in which domestic and foreign depository institutions and registered brokers and dealers participate; and (2) any recommendations for modernizing and harmonizing statutes, regulations, and policies. Urges the Group to assign a high priority to continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those governing the U.S. markets. Prohibits the Commodity Futures Trading Commission, for a specified time period, without the Secretary of the Treasury's approval, from promulgating or proposing regulations, or issuing any interpretive or policy statements that regulate or restrict activity in certain hybrid instruments and swap agreements. Declares that any such hybrid instruments or swap agreements entered into before such period shall not be subject to the Commodity Exchange Act's restriction of futures contracts or exempted securities.

Financial Derivatives Supervisory Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Travelers Fair Treatment Act of 2001''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended by adding at the end the following: ``(c) Specific Practices.--For purposes of subsection (a), the term `unfair or deceptive practice' includes each of the following: ``(1) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(2) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In prescribing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before prescribing regulations under paragraph (1), the Secretary shall consult with the Surgeon General of the Public Health Service. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; and ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. (b) Conforming Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``41722. Airline passenger rights.''. SEC. 5. CONSUMER ACCESS TO INFORMATION. (a) Requirement for Program.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44727. Air traveler safety program ``(a) In General.-- ``(1) Written information.--The Secretary of Transportation (in this section referred to as the `Secretary') shall require in regulations, for a period determined by the Secretary, that each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning the following: ``(A) Safety inspection reviews conducted by the Administrator of the Federal Aviation Administration (in this section referred to as the `Administrator') on the aircraft of that air carrier. ``(B) The safety ranking of that air carrier, as determined by the Administrator in accordance with applicable law. ``(C) The compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of each year, the Secretary shall submit a report to Congress regarding the safety of air carriers that provide interstate or foreign air transportation. The report shall include with respect to the year in which the report is filed-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the annual report under paragraph (1) available to any person or entity upon request. ``(c) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors of an accident receive, to the extent allowable by law, immediate and unrestricted access to information on the accident that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) Classified information.--Nothing in paragraph (1) may be construed to authorize a release of information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy. ``(d) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (c) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation of the accident. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(e) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (2) Conforming amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44727. Air traveler safety program.''. (b) Time for Regulations.--The Secretary of Transportation shall issue the regulations required by subsection (a) of section 44727 of title 49, United States Code (as added by subsection (a)), not later than 90 days after the date of enactment of this Act. (c) Submittal of First Annual Report.--The Secretary of Transportation shall submit the first annual report to Congress under subsection (b) of such section 44727 not later than December 31, 2001.

Air Travelers Fair Treatment Act of 2001 - Amends Federal transportation law to make it an unfair or deceptive practice for an air carrier or foreign air carrier to fail to provide a passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary.Makes it an unfair or deceptive practice for an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, to fail: (1) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers.Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft (under the same circumstances as any flight crew member may exit) if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities; and (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.Directs the Secretary to require by regulations each air carrier or foreign air carrier to provide, upon request, to their passengers any information concerning the safety of the aircraft and the competency of the aircraft crew.Directs the National Transportation Safety Board to establish and administer a program for victims and survivors of aircraft accidents in which they receive immediate and unrestricted access to information with regard to such accidents. Establishes a toll-free telephone line for the public to provide specified information concerning an aircraft accident.Sets forth civil penalties for violations of this Act.

A bill to establish a national policy of basic consumer fair treatment for airline passengers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''. SEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS. (a) In General.--Notwithstanding any other provision of law, if any of the coal preference right lease applications captioned NMNM 3752, NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM 3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or holders of the applications, the Secretary of the Interior, acting through the Bureau of Land Management (referred to in this Act as the ``Secretary''), shall issue under section 4(a)(2) to each such holder or holders a certificate of bidding rights (in such form and manner as provided for under regulations promulgated by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the combined fair market value, as determined under section 3, of the coal reserves for each coal preference right lease application withdrawn by the holder. (b) Relinquishment.--The relinquishment of all rights associated with the coal preference lease applications withdrawn shall be effective on the date of the issuance of the certificate of bidding rights under section 4(a)(2). (c) No Adjudication.--The withdrawals and issuances required under subsection (a) shall occur without any further adjudication of coal preference right lease applications by the Secretary. SEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE. (a) In General.--Notwithstanding any other provision of law, this section shall apply to the issuance of a certificate of bidding rights under section 4(a)(2). (b) Value of Coal Reserves.-- (1) In general.--The fair market value of the coal reserves of any coal preference right lease application withdrawn under section 2(a) shall be determined by the panel established under paragraph (2). (2) Panel.-- (A) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a panel to determine the fair market value of the coal reserves of any coal preference right lease applications withdrawn under section 2(a). (B) Membership.--The panel shall be composed of 3 representatives, of whom-- (i) 1 representative shall be appointed by the Secretary; (ii) 1 representative shall be appointed by the holder of the preference right lease application; and (iii) 1 representative shall be appointed by the Governor of the State of New Mexico. (3) Mineral appraiser.--The Secretary shall contract with a qualified coal reserve appraiser to assist the panel established under paragraph (2)(A) in determining the fair market value of a coal reserve. (4) Supplemental information.--In determining the fair market value of a coal reserve, the panel may supplement any information provided to the panel, as the panel determines to be appropriate. (5) Determination.--Not later than 75 days after the date on which the panel is established under paragraph (2)(A), the panel shall submit to the Secretary the determination of the panel with respect to the fair market value of a coal reserve of any coal preference right lease application withdrawn by the holder. SEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE APPLICATIONS. (a) In General.--Notwithstanding any other provision of law, not later than 120 days after the withdrawal of a coal preference right lease application, the Secretary shall-- (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to the coal preference right lease application withdrawn-- (A) in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico under section 11 of the Navajo-Hopi Land Settlement Act of 1974 (25 U.S.C. 640d-10); and (B) to facilitate land consolidation and facilitate mineral development in northwest New Mexico; and (2) issue a certificate of bidding rights in the amount of the fair market value determined under section 3. (b) Enforcement.--The duties of the Secretary under this section shall be considered nondiscretionary and enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. SEC. 5. USE OF EXCHANGE BIDDING RIGHTS. (a) In General.--Notwithstanding any other provision of law-- (1) a certificate of bidding rights issued under section 4(a)(2) shall-- (A) be subject to such procedures as the Secretary may establish pertaining to notice of transfer and accountings of holders and their balances; (B) be transferable by the holder or holders of the certificate of bidding rights in whole or in part; and (C) constitute a monetary credit that, subject to paragraph (2), may be applied, at the election of the holder or holders of the certificate of bidding rights, against-- (i) rentals, advance royalties, or production royalties payable to the Secretary under Federal coal leases; and (ii) bonus payments payable to the Secretary in the issuance of a Federal coal lease or Federal coal lease modification under the coal leasing provisions of the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (2) in a case in which a certificate of bidding rights issued under section 4(a)(2) is applied by the holder or holders of the certificate of bidding rights as a monetary credit against a payment obligation under a Federal coal lease, the holder or holders-- (A) may apply the bidding rights only against 50 percent of the amount payable under the lease; and (B) shall pay the remaining 50 percent as provided for under the lease in cash or cash equivalent. (b) Payment Under Lease Obligations.--Any payment of a Federal coal lease obligation by the holder or holders of a certificate of bidding rights issued under section 4(a)(2)-- (1) shall be treated as money received under section 35 of the Mineral Leasing Act (30 U.S.C. 191); but (2) shall be credited and redistributed by the Secretary only as follows: (A) 50 percent of the amount paid in cash or its equivalent shall be-- (i) distributed to the State in which the lease is located; and (ii) treated as a redistribution under section 35 of the Mineral Leasing Act (30 U.S.C. 191). (B) 50 percent of the amount paid through a crediting of the bidding rights involved shall be treated as a payment that is subject to redistribution under that section to the Reclamation and Miscellaneous Receipts accounts in the Treasury.

Bisti PRLA Dispute Resolution Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management, if any of specified coal preference right lease applications are withdrawn by the holder or holders of those applications, to issue to each such holder a certificate of bidding rights that constitutes the combined fair market value of the coal reserves for each coal preference right lease application withdrawn by the holder. Provides that such withdrawals and issuances shall occur without any further adjudication of coal preference right lease applications. Directs the Secretary to establish a panel to determine the fair market value of the coal reserves of any coal preference right applications withdrawn under this Act. Instructs the Secretary to contract with a qualified coal reserve appraiser to assist the panel. Directs the Secretary, after the withdrawal of a coal preference right lease application, to: (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to such withdrawn application in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico and to facilitate land consolidation and mineral development in northwest New Mexico; and (2) issue a certificate of bidding rights in the amount of the fair market value of the coal reserves of such application. Provides that the Secretary's duties in issuing such patents and certificates shall be considered nondiscretionary and enforceable in a mandamus proceeding. Sets forth provisions regarding the use of exchange bidding rights.

A bill to provide the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security Enforcement Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Rural, high-trafficked areas.--The term ``rural, high- trafficked areas'' means rural areas through which drugs and undocumented aliens are routinely smuggled, as designated by the Commissioner of U.S. Customs and Border Protection. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Tucson sector border.--The term ``Tucson Sector border'' means the 262-mile section of international border between the United States and Mexico that-- (A) begins in Yuma County, Arizona; and (B) ends at the State boundary line between Arizona and New Mexico. (4) Yuma sector border.--The term ``Yuma Sector border'' means the 110-mile section of international border between the United States and Mexico that-- (A) begins in Pima County, Arizona; and (B) ends at the State boundary line between Arizona and California. SEC. 3. PERSONNEL ENHANCEMENTS. (a) National Guard.-- (1) Deployment.--In accordance with section 328 of title 32, United States Code, the Governor of Arizona, with the consent of the Secretary of Defense, may-- (A) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty, by immediately deploying along the Tucson Sector border and the Yuma Sector border; and (B) construct and maintain appropriate surveillance platforms to facilitate such deployment. (2) Certification.--The deployment described in paragraph (1) shall continue until the Governor of Arizona certifies, in consultation with State, local, and tribal law enforcement, that the Federal Government has achieved operational control of the Tucson Sector border and the Yuma Sector border. (b) United States Customs and Border Protection.--Not later than January 1, 2015, the Secretary shall increase the number of trained Border Patrol agents stationed along the Tucson Sector border and the Yuma Sector border by 3,000, compared to the number of agents at such locations as of the date of the enactment of this Act. The Secretary shall make progress in increasing such number of trained Border Patrol agents during each of the years 2010 through 2015. (c) Hardship Duty Pay.--In addition to compensation to which Border Patrol agents are otherwise entitled, Border Patrol agents who are assigned to rural, high-trafficked areas shall be entitled to receive hardship duty pay, in an amount determined by the Commissioner, Customs and Border Protection, which may not exceed the rate of special pay to which members of a uniformed service are entitled under section 310 of title 37, United States Code. SEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS. (a) Operation Streamline.--There are authorized to be appropriated to the Department of Homeland Security, for each of fiscal years 2010 through 2020, such sums as may be necessary-- (1) to fully implement Operation Streamline along the Tucson Sector border and the Yuma Sector border; and (2) to reimburse State, local, and tribal law enforcement for any detention costs related to such implementation. (b) Operation Stonegarden.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the Federal Emergency Management Agency, for each of the fiscal years 2010 through 2020, $100,000,000, which shall be used to enhance law enforcement preparedness and operational readiness along the borders of the United States through Operation Stonegarden. (2) Allocation.--Of the amounts appropriated pursuant to paragraph (1), not less than 90 percent shall be allocated for grants and reimbursement to law enforcement agencies in the States bordering Mexico for personnel, overtime, travel, and other costs related to illegal immigration and drug smuggling along the international border between the United States and Mexico. (c) Infrastructure Improvements.-- (1) Border patrol stations.--The Secretary shall-- (A) construct additional Border Patrol stations along the Tucson Sector border, as needed, to provide full operational support in rural, high-trafficked areas; and (B) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations. (2) Forward operating bases.--The Secretary shall enhance the security of the Tucson Sector border by-- (A) establishing at least 6 additional permanent forward operating bases for the Border Patrol; (B) upgrading the existing forward operating bases to include modular buildings, electricity, and potable water; and (C) ensuring that forward operating bases surveil and interdict individuals entering the United States unlawfully immediately after such an individual crosses the international border into the United States. (3) Checkpoints.--The Secretary shall-- (A) complete the construction of a permanent checkpoint near Tubac, Arizona; and (B) deploy additional temporary roving checkpoints along the Tucson Sector border and the Yuma Sector border. (4) Border fence.--Section 102(b)(1)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended-- (A) by inserting ``, not later than December 31, 2011,'' after ``shall''; and (B) by adding at the end the following: ``The Secretary shall construct double- and triple-layer fencing at appropriate locations along the Tucson Sector border and the Yuma Sector border, as determined by the Secretary, after consultation with State, tribal, and local law enforcement agencies.''. (5) Authorization of appropriations.--There are authorized to be appropriated, for each of fiscal years 2010 through 2020, such sums as may be necessary to carry out this subsection. SEC. 5. MOBILE SURVEILLANCE. (a) Enhancements.--The Commissioner, Customs and Border Protection, shall-- (1) deploy additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector border and the Yuma Sector border as necessary to provide 24-hour operation and surveillance; (2) operate unmanned aerial vehicles along such borders for 24 hours per day and for 7 days per week; (3) deploy additional fixed-wing aircraft and helicopters along such borders; and (4) increase horse patrols along the Tucson Sector border. (b) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to United States Customs and Border Protection $50,000,000 to carry out the activities under subsection (a). SEC. 6. ACCESS TO EMERGENCY PERSONNEL. (a) Southwest Border Emergency Communications Grants.-- (1) In general.--The Secretary, in consultation with the Governor of Arizona, shall establish a 2-year grant program, to be administered by the State of Arizona, to improve emergency communications along the Tucson Sector border and the Yuma Sector border. (2) Eligibility for grants.--An individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she-- (A) regularly resides or works near the Tucson Sector border or the Yuma Sector border; (B) is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to such border. (3) Use of grants.--Grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that-- (A) can provide access to 911 service; and (B) are equipped with global positioning systems. (4) Annual reports.--The Governor of Arizona shall submit an annual report to the Secretary on activities carried out with grant funds awarded under this subsection during the previous year. Each such report shall include a description of such activities and an assessment of the effectiveness of such activities. (5) Authorization of appropriations.--There is authorized to be appropriated $3,000,000 to carry out the grant program established under this subsection. (b) Interoperable Communications for Law Enforcement.-- (1) Federal law enforcement.--There is authorized to be appropriated $35,000,000 to the Department of Justice-- (A) to purchase P-25 compliant radios, which may include a multi-band option, for Federal law enforcement agents working in Arizona in support of the activities of United States Customs and Border Protection and United States Immigration and Customs Enforcement, including agents of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (B) to upgrade the communications network of the Department of Justice to ensure coverage and capacity, particularly when immediate access is needed in times of crisis, along the Tucson Sector border and the Yuma Sector border for appropriate law enforcement personnel of the Department of Justice (including the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives), the Department of Homeland Security (including United States Immigration and Customs Enforcement and United States Customs and Border Protection), other Federal agencies, the State of Arizona, tribes, and local governments. (2) State and local law enforcement.-- (A) Authorization of appropriations.--There is authorized to be appropriated $35,000,000 to the Department of Justice to purchase P-25 compliant radios, which may include a multi-band option, for State and local law enforcement agents working in Santa Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham County in the State of Arizona. (B) Access to federal spectrum.--If a State, tribal, or local law enforcement agency in Arizona experiences an emergency situation that necessitates immediate communication with the Department of Justice, the Department of Homeland Security, or any of their respective subagencies, such law enforcement agency shall have access to the spectrum assigned to such Federal agency for the duration of such emergency situation. SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS. (a) State Criminal Alien Assistance Program.-- (1) Reimbursement required.--The Attorney General shall fully reimburse States and local governments for the costs incurred by such governments to incarcerate aliens convicted of criminal activity while unlawfully present in the United States, in accordance with section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1251(i)). (2) Authorization of appropriations.--Section 241(i)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C)) is amended by striking ``2011'' and inserting ``2020''. (b) Southwest Border Prosecution Initiative.-- (1) Reimbursement to state and local prosecutors for federally initiated criminal cases.--Subject to the availability of appropriations, the Attorney General shall reimburse State, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local offices of the United States Attorneys. (2) Authorization of appropriations.--There is authorized to be appropriated $50,000,000 for each of the fiscal years 2008 through 2020 to carry out paragraph (1). SEC. 8. MAGISTRATE JUDGE. The judges of the United States District Court for the District of Arizona shall appoint 1 full-time magistrate judge, who shall have the authority to hear all cases and controversies in Cochise County, Arizona.

Border Security Enforcement Act of 2010 - Authorizes the Governor of Arizona to: (1) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty by immediately deploying along the Tucson Sector border and the Yuma Sector border; and (2) construct and maintain related surveillance platforms. Directs such deployment's continuation until the Governor of Arizona certifies that the federal government has achieved operational control of the Tucson Sector and the Yuma Sector borders. Directs the Secretary of Homeland Security (DHS) to increase, by January 1, 2015, the number of Border Patrol agents stationed along the Tucson Sector and the Yuma Sector borders by 3,000. Authorizes appropriations for: (1) DHS to implement Operation Streamline along the Tucson Sector and the Yuma Sector borders and reimburse state, local, and tribal law enforcement for related detention costs; and (2) the Federal Emergency Management Agency (FEMA) to enhance law enforcement readiness along the U.S. borders through Operation Stonegarden. Directs the Secretary to: (1) make specified enhancements to the Tucson Sector border; (2) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations; (3) construct a permanent checkpoint near Tubac, Arizona, and operate roving checkpoints along the Tucson Sector and the Yuma Sector borders; and (4) establish a two-year grant program, to be administered by Arizona, to improve emergency communications along the Tucson Sector and the Yuma Sector borders. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011; and (2) construct double- and triple-layer fencing at appropriate locations along the Tucson Sector and the Yuma Sector borders. Provides for additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector and the Yuma Sector borders. Authorizes appropriations for: (1) purchases and upgrades of law enforcement communications equipment; (2) the state criminal alien assistance program; and (3) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local U.S. Attorneys' offices.

A bill to implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest border of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Mortgage Modifications Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) mortgage modifications often afford the best opportunity to avoid foreclosures and provide long term, sustainable solutions for American homeowners; (2) reaching mortgage modification agreements with homeowners has been unacceptably slow and foreclosure rates continue to rise, with the number of homeowners forced into foreclosure double the number who receive modifications or repayment plans; (3) servicers have an obligation to protect the interests of investors when determining whether to offer a modification or repayment plan; (4) the best course of action for the investor pool as a whole may disadvantage the interests of individual classes of investors; (5) servicers have expressed concern that investor classes that are disproportionately disadvantaged by a modification or repayment plan may seek to hold the servicer liable; (6) without liability protection, many servicers will not be willing to take on the risk associated with approving a mortgage modification or repayment plan, and instead, they will eventually pursue foreclosure even though foreclosure costs can equal 50 percent or more of mortgage value; and (7) the net present value of a modified mortgage loan will almost always exceed the amount recouped by allowing the home to go into foreclosure. SEC. 3. LEGAL SAFE HARBOR FOR ENTERING INTO CERTAIN LOAN MODIFICATIONS OR WORKOUT PLANS. Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605) is amended-- (1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (2) by inserting after subsection (h) the following: ``(i) Duty of Servicers Regarding Certain Loan Modifications or Workout Plans.-- ``(1) In general.--Notwithstanding any other provision of law, absent specific contractual provisions to the contrary, a servicer of pooled qualified residential mortgages-- ``(A) owes any duty to determine if the net present value of the payments on the loan, as modified, is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle, but not to any individual party or group of parties; and ``(B) acts in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or if, and only if, such efforts are unsuccessful or infeasible, takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property; and ``(C) if the servicer acts in a manner consistent with the duty set forth in subparagraphs (A) and (B), shall not be liable under any law or regulation of the United States, any State or any political subdivision of any State, for entering into a qualified loan modification or workout plan in any action filed by or on behalf of any person-- ``(i) based on the person's ownership of any interest in a residential mortgage, a pool of residential mortgage loans, or a securitization vehicle, that distributes payments out of the principal, interest, or other payment on loans in the pool; ``(ii) based on the person's obligation to make payments determined in reference to any loan or interest referred to in clause (i); or ``(iii) based on the person's obligation to insure any loan or any interest referred to in clause (i). ``(2) Definitions.--As used in this subsection-- ``(A) the term `qualified loan modification or workout plan' means a contract, modification, or plan relating to a qualified residential mortgage loan consummated on or after January 1, 2004, with respect to which-- ``(i) payment default on the loan or loans has occurred, is imminent, or is reasonably foreseeable; ``(ii) the dwelling securing the loan or loans is the primary residence of the owner; ``(iii) the servicer reasonably believes that the anticipated recovery under the loan modification or workout plan will exceed the anticipated recovery through foreclosure, on a net present value basis; ``(iv) the effective period runs for at least 5 years from the date of adoption of the plan, or until the borrower sells or refinances the property, if that occurs earlier; and ``(v) the borrower is not required to pay additional fees to the servicer; ``(B) the term `qualified residential mortgage' means a consumer credit transaction or loan that is secured by the consumer's principal dwelling; ``(C) the term `securitization vehicle' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and ``(D) the term `servicer'-- ``(i) means the person responsible for servicing of a loan (including the person who makes or holds a loan, if such person also services the loan); and ``(ii) includes the entities listed in subparagraphs (A) and (B) of subsection (j)(2). ``(3) Effective period.--This subsection shall apply only with respect to qualified loan modification or workout plans initiated during the 6-month period beginning on the date of enactment of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to limit the ability of a servicer to enter into a loan modification or workout plan other than a qualified loan modification or workout plan covered by this subsection.''.

Encouraging Mortgage Modifications Act of 2008 - Amends the Real Estate Settlement Procedures Act of 1974 to set forth duties of mortgage servicers regarding certain loan modifications or workout plans that affect pooled qualified residential mortgages. Specifies among such duties the duty to: (1) determine if the net present value of the payments on the modified loan is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle; and (2) act in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property, if such efforts are unsuccessful or infeasible. Shields from liability a servicer who enters into a qualified loan modification or workout plan if the servicer acts in a manner consistent with such duties.

A bill to encourage residential mortgage loan modifications and workout plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lamprey Wild and Scenic River Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Lamprey River Study Act of 1991 (Public Law 102- 214; 105 Stat. 1663) authorized the study of a segment of the Lamprey River in New Hampshire for potential inclusion in the National Wild and Scenic Rivers System; (2) the study determined that the segment of river from the Bunker Pond Dam in Epping, New Hampshire, to the confluence with the Piscassic River near the Durham-Newmarket town line is eligible for inclusion in the National Wild and Scenic Rivers System based on the free-flowing condition and outstanding ecological, anadromous fish, and historical values of the segment; (3) during the study, the Lamprey River Advisory Committee, with assistance from the National Park Service and the New Hampshire Department of Environmental Services, prepared a comprehensive management plan for the studied river segment, dated January 10, 1995 (referred to in this Act as the ``Lamprey River Management Plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the river, without Federal management of affected lands not owned by the United States; (4) the Lamprey River Advisory Committee has unanimously voted in favor of wild and scenic river designation for the river, and has included this recommendation as an integral part of the Lamprey River Management Plan; and (5)(A) the governing bodies of the towns of Newmarket, Durham, and Lee have voted to endorse the Lamprey River Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System; and (B) the upstream town of Epping, which participated in the study on an informal basis, has chosen not to vote on the Lamprey River Management Plan or designation at this time. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``( ) Lamprey river, new hampshire.--The 11.5-mile segment extending from the southern Lee town line to the confluence with the Piscassic River in the vicinity of the Durham- Newmarket town line (referred to in this paragraph as the `segment') as a recreational river. The segment shall be administered by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire, under section 10(e). The segment shall be managed in accordance with the Lamprey River Management Plan dated January 10, 1995, and such amendments to the plan as the Secretary of the Interior determines are consistent with this Act. The plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d).''. SEC. 4. MANAGEMENT. (a) Committee.--The Secretary of the Interior shall coordinate the management responsibilities of the Secretary under this Act and the amendment made by this Act with respect to the river segment designated by the amendment made by section 3 (referred to in this section as the ``segment'') with the Lamprey River Advisory Committee established under section 483 of the New Hampshire Revised Statutes Annotated. (b) Land Management.-- (1) Zoning ordinances.--For the purposes of the segment, the zoning ordinances adopted by the towns of Durham, Lee, and Newmarket, New Hampshire, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of lands.--The provisions of section 6(c) that prohibit Federal acquisition of lands by condemnation shall apply to the segment. The authority of the Secretary to acquire lands for the purposes of the segment shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the Lamprey River Management Plan. SEC. 5. UPSTREAM SEGMENT. Upon request by the town of Epping, New Hampshire, which abuts an additional 12 miles of river found eligible for designation as a recreational river under the study described in section 2(1), the Secretary of the Interior shall offer assistance concerning continued involvement of the town of Epping in the implementation of the Lamprey River Management Plan and in consideration of potential future addition of the portion of the river within Epping as a component of the National Wild and Scenic Rivers System. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendment made by this Act.

Lamprey Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Lamprey River in New Hampshire as a component of the National Wild and Scenic Rivers System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire; and (2) managed in accordance with the Lamprey River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Secretary to coordinate the Secretary's management responsibilities under this Act with the Lamprey River Advisory Committee. Deems the zoning ordinances adopted by such towns, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, to satisfy the standards and requirements of the Act. Applies to the segment provisions of the Act which prohibit Federal acquisition of lands by condemnation. Provides that the acquisition of lands for purposes of this Act shall be limited to donation or acquisition with the owner's consent and shall be subject to the additional criteria set forth in the Plan. Requires the Secretary to offer assistance regarding continued involvement of the town of Epping, New Hampshire, in the implementation of the Plan and in consideration of potential future addition of that portion of the River within Epping as a component of the System. Authorizes appropriations.

Lamprey Wild and Scenic River Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arapaho-Roosevelt National Forests Land Exchange Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Eclipse Snow Park Proposed Land Trade Parcels, Figure 1'' and dated September 28, 2007. (2) Grand creek, llc.--The term ``Grand Creek, LLC'' means Grand Creek, LLC, a Colorado limited liability company. (3) Federal land.--The term ``Federal land'' means certain National Forest System land comprising approximately 119.281 acres, that adjoins land owned by Grand Creek, LLC, in Clear Creek County, Colorado, as depicted on the map. (4) Non-federal land.--The term ``non-Federal land'' means certain land comprising approximately 74.623 acres, owned by Grand Creek, LLC, as depicted on the map. (5) National forests.--The term ``National Forests'' means the Arapaho-Roosevelt National Forests in Colorado. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND EXCHANGE, ARAPAHO-ROOSEVELT NATIONAL FORESTS, COLORADO. (a) Conveyances.-- (1) Conveyance by grand creek, llc.--The land exchange directed by this section shall proceed if, within 30 days after the date of the enactment of this Act, Grand Creek, LLC, offers to convey title acceptable to the United States in and to the non-Federal land. (2) Conveyance by the united states.--After completion of appraisals under subsection (b) and upon receipt of acceptable title to the non-Federal land, the Secretary of Agriculture shall simultaneously convey to Grand Creek, LLC, all right, title, and interest of the United States in and to the Federal land. (b) Appraisals and Equal Value Exchange.-- (1) Appraisals.--The values of the non-Federal land and the Federal land shall be determined by the Secretary through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. (2) Surplus of non-federal value.--If the final appraised value, as approved by the Secretary, of the non-Federal lands exceeds the final appraised value, as approved by the Secretary, of the Federal land, the Secretary may equalize the values by-- (A) reducing the acreage of the non-Federal land to be conveyed, as determined appropriate and acceptable by the Secretary and Grand Creek, LLC; (B) making a cash equalization payment to Grand Creek, LLC, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (C) a combination of an acreage reduction and a cash equalization payment. (3) Surplus of federal value.--If the value of the Federal land exceeds the value of the non-Federal land, the Secretary may accept a cash equalization payment from Grand Creek, LLC, in such amount as may be necessary to equalize the values of the land to be exchanged, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (c) Exchange Costs.--As a condition of the land exchange under this section, and in order to expedite the land exchange and to save administrative costs to the United States, the Secretary shall require Grand Creek, LLC, to pay for any necessary land surveys of the non- Federal land or Federal land to be exchanged and the appraisals under subsection (b). (d) Recreational Access.--As a condition of the land exchange under this section, the Secretary shall require Grand Creek, LLC, to enter into an enforceable agreement with the Secretary, of a nature and form satisfactory to the Secretary, to allow public use of land owned by Grand Creek, LLC, as is necessary to provide unimpeded access to St. Mary's Glacier along the route designated ``trail to glacier'' on the map. SEC. 4. BOUNDARY ADJUSTMENT AND MANAGEMENT OF LAND. (a) Boundary Adjustment.--Upon acquisition of the non-Federal land and conveyance of the Federal land under section 3, the Secretary shall adjust the boundary of the National Forests to reflect the land exchange under section 3. (b) Management of Land.--The Secretary shall manage the non-Federal land acquired under section 3 as part of the National Forests, in accordance with laws and regulations applicable to the National Forests.

Arapaho-Roosevelt National Forests Land Exchange Act of 2007 - Directs the Secretary of Agriculture, upon completion of an appraisal of the values of certain non-federal land owned by Grand Creek, LLC, and certain National Forest System land that adjoins land owned by Grand Creek in Clear Creek County, Colorado, and upon receipt of acceptable title to the non-federal land, to simultaneously convey such federal land to Grand Creek. Provides for Grand Creek, LLC, to enter into an enforceable agreement with the Secretary to allow public use of land owned by Grand Creek as is necessary to provide unimpeded access to St. Mary's Glacier.

To direct the Secretary of Agriculture to exchange certain lands in the Arapaho-Roosevelt National Forests in Colorado and to adjust the boundary of such National Forests.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Anti-Lobbying Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal agency employees have used appropriated funds to foster public support and opposition to legislation pending before the Congress; (2) there are conflicting interpretations of the existing anti-lobbying restrictions; and (3) the use of appropriated funds derived from tax revenues paid to the Treasury by all Americans to preferentially support or oppose pending legislation is inappropriate and improper. (b) Purpose.--The purpose of this Act is to establish a civil prohibition on the expenditure of appropriated funds by Federal agencies for lobbying purposes and to make clear that such funds may not be used in any manner or in any amount, however small, to organize efforts to affect the outcome of congressional action by appealing directly or indirectly for public support. SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR LOBBYING BY FEDERAL AGENCIES. (a) In General.--Subchapter III of chapter 13 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1354. Prohibition on lobbying by Federal agencies ``(a) Prohibition.--Except as provided in subsection (b), until or unless such activity has been specifically authorized by an Act of Congress and notwithstanding any other provision of law, no funds made available to any Federal agency by appropriation shall be used by such agency for any activity (including the preparation, publication, distribution, or use of any kit, pamphlet, booklet, public presentation, news release, radio, television, or film presentation, video, or other written or oral statement) that is intended to promote public support or opposition to any legislative proposal (including the confirmation of the nomination of a public official or the ratification of a treaty) on which congressional action is not complete. ``(b) Exceptions.-- ``(1) President and vice president.--Subsection (a) shall not apply to the President or Vice President. ``(2) Congressional communications.--Subsection (a) shall not be construed to prevent any officer or employee of a Federal agency from-- ``(A) communicating directly to a Member of Congress (or to any staff of a Member or committee of Congress) a request for legislation or appropriations that such officer or employee deems necessary for the efficient conduct of the public business; or ``(B) responding to a request for information or technical assistance made by a Member of Congress (or by any staff of a Member or committee of Congress). ``(3) Public communications on views of president.-- Subsection (a) shall not be construed to prevent any Federal agency official whose appointment is confirmed by the Senate, any official in the Executive Office of the President directly appointed by the President or Vice President, or the head of any Federal agency described in subsection (d)(2), from communicating with the American public, through radio, television, or other public communication media, on the views of the President for or against any pending legislative proposal. The preceding sentence shall not permit any such official to delegate to another person the authority to make communications subject to the exemption provided by such sentence. ``(c) Comptroller General.-- ``(1) Assistance of inspector general.--In exercising the authority provided in section 712, as applied to this section, the Comptroller General may obtain, without reimbursement from the Comptroller General, the assistance of the Inspector General within whose Federal agency activity prohibited by subsection (a) of this section is under review. ``(2) Evaluation.--One year after the date of the enactment of this section, the Comptroller General shall report to the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate on the implementation of this section. ``(3) Annual report.--The Comptroller General shall, in the annual report under section 719(a), include summaries of investigations undertaken by the Comptroller General with respect to subsection (a). ``(d) Definition.--For purposes of this section, the term `Federal agency' means-- ``(1) any executive agency, within the meaning of section 105 of title 5; and ``(2) any private corporation created by a law of the United States for which the Congress appropriates funds.''. (b) Conforming Amendment.--The table of sections for chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1353 the following new item: ``1354. Prohibition on lobbying by Federal agencies.''. (c) Applicability.--The amendments made by this section shall apply to the use of funds after the date of the enactment of this Act, including funds appropriated or received on or before such date.

Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.

Federal Agency Anti-Lobbying Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bounty Hunter Accountability and Quality Assistance Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) bounty hunters, also known as bail enforcement officers or recovery agents, provide law enforcement officers and the courts with valuable assistance in recovering fugitives from justice; (2) regardless of the differences in their duties, skills, and responsibilities, the public has had difficulty in discerning the difference between law enforcement officers and bounty hunters; (3) the availability of bail as an alternative to the pretrial detention or unsecured release of criminal defendants is important to the effective functioning of the criminal justice system; (4) the safe and timely return to custody of fugitives who violate bail contracts is an important matter of public safety, as is the return of any other fugitive from justice; (5) bail bond agents are widely regulated by the States, whereas bounty hunters are largely unregulated; (6) the public safety requires the employment of qualified, well-trained bounty hunters; and (7) in the course of their duties, bounty hunters often move in and affect interstate commerce. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``bail bond agent'' means any retail seller of a bond to secure the release of a criminal defendant pending judicial proceedings, unless such person also is self-employed to obtain the recovery of any fugitive from justice who has been released on bail; (2) the term ``bounty hunter''-- (A) means any person whose services are engaged, either as an independent contractor or as an employee of a bounty hunter employer, to obtain the recovery of any fugitive from justice who has been released on bail; and (B) does not include any-- (i) law enforcement officer acting under color of law; (ii) attorney, accountant, or other professional licensed under applicable State law; (iii) employee whose duties are primarily internal audit or credit functions; (iv) person while engaged in the performance of official duties as a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code); or (v) bail bond agent; (3) the term ``bounty hunter employer''-- (A) means any person that-- (i) employs 1 or more bounty hunters; or (ii) provides, as an independent contractor, for consideration, the services of 1 or more bounty hunters (which may include the services of that person); and (B) does not include any bail bond agent; and (4) the term ``law enforcement officer'' means a public officer or employee authorized under applicable Federal or State law to conduct or engage in the prevention, investigation, prosecution, or adjudication of criminal offenses, including any public officer or employee engaged in corrections, parole, or probation functions, or the recovery of any fugitive from justice. SEC. 4. MODEL GUIDELINES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall develop model guidelines for the State control and regulation of persons employed or applying for employment as bounty hunters. In developing such guidelines, the Attorney General shall consult with organizations representing-- (1) State and local law enforcement officers; (2) State and local prosecutors; (3) the criminal defense bar; (4) bail bond agents; (5) bounty hunters; and (6) corporate sureties. (b) Recommendations.--The guidelines developed under subsection (a) shall include recommendations of the Attorney General regarding whether-- (1) a person seeking employment as a bounty hunter should-- (A) be required to submit to a fingerprint-based criminal background check prior to entering into the performance of duties pursuant to employment as a bounty hunter; or (B) not be allowed to obtain such employment if that person has been convicted of a felony offense under Federal or State law; (2) bounty hunters and bounty hunter employers should be required to obtain adequate liability insurance for actions taken in the course of performing duties pursuant to employment as a bounty hunter; and (3) State laws should provide-- (A) for the prohibition on bounty hunters entering any private dwelling, unless the bounty hunter first knocks on the front door and announces the presence of 1 or more bounty hunters; and (B) the official recognition of bounty hunters from other States. (c) Effect on Bail.--The guidelines published under subsection (a) shall include an analysis of the estimated effect, if any, of the adoption of the guidelines by the States on-- (1) the cost and availability of bail; and (2) the bail bond agent industry. (d) No Regulatory Authority.--Nothing in this section may be construed to authorize the promulgation of any Federal regulation relating to bounty hunters, bounty hunter employers, or bail bond agents. (e) Publication of Guidelines.--The Attorney General shall publish model guidelines developed pursuant to subsection (a) in the Federal Register. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Bounty Hunter Accountability and Quality Assistance Act of 1998 - Directs the Attorney General to develop model guidelines for the State control and regulation of bounty hunters, including recommendations regarding whether: (1) a person seeking employment as a bounty hunter should be required to submit to a fingerprint-based criminal background or should not be allowed to obtain such employment if he or she has been convicted of a Federal or State felony; (2) bounty hunters and their employers should be required to obtain adequate liability insurance for actions taken in the course of performing such duties; and (3) State laws should provide for the official recognition of bounty hunters from other States and should prohibit bounty hunters from entering any private dwelling without first knocking on the front door and announcing their presence. Requires published guidelines to include an analysis of their estimated effect on: (1) the cost and availability of bail; and (2) the bail bond agent industry. Directs the Attorney to publish model guidelines in the Federal Register.

Bounty Hunter Accountability and Quality Assistance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organic Farmer and Consumer Protection Act of 2017''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC PROGRAM. Subsection (b) of section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended to read as follows: ``(b) National Organic Program.--Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this title, there are authorized to be appropriated-- ``(1) $15,000,000 for fiscal year 2018; ``(2) $16,500,000 for fiscal year 2019; ``(3) $18,000,000 for fiscal year 2020; ``(4) $20,000,000 for fiscal year 2021; ``(5) $22,000,000 for fiscal year 2022; and ``(6) $24,000,000 for fiscal year 2023.''. SEC. 3. MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL TRADE TECHNOLOGY SYSTEMS AND DATA COLLECTION. Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended by adding at the end the following new subsection: ``(d) Modernization and Improvement of International Trade Technology Systems and Data Collection.-- ``(1) In general.--The Secretary shall modernize international trade tracking and data collection systems of the national organic program. ``(2) Activities.--In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability without unduly hindering trade, such as through an electronic trade document exchange system. ``(3) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019 for the purposes of-- ``(A) carrying out this subsection; and ``(B) maintaining the database and technology upgrades previously carried out pursuant to subsection (c). ``(4) Availability.--The amount made available under paragraph (3) is in addition to any other funds made available for the purposes specified in such paragraph and shall remain available until expended.''. SEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT. (a) In General.--Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended by adding at the end the following: ``(d) Collaborative Investigations and Enforcement.-- ``(1) Information sharing during active investigation.--In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification programs, and the national organic program) may share confidential business information with Federal and State government officers and employees and certifying agents involved in the investigation as necessary to fully investigate and enforce potential violations of this title and regulations issued under this title. ``(2) Access to data documentation systems.--The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including-- ``(A) the Automated Commercial Environment system of the U.S. Customs and Border Patrol; and ``(B) the Phytosanitary Certificate Issuance and Tracking system of the Animal and Plant Health Inspection Service. ``(3) Additional documentation and verification.--The Secretary, acting through the national organic program, has the authority, and shall grant an accredited certifying agent the authority, to require increased additional documentation or verification before granting certification, in the case of a known area of risk or when there is a specific area of concern, as determined by the Secretary or the certifying agent.''. (b) Modification of Regulations on Exclusions From Certification.-- Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to limit the type of operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations, and any other corresponding sections. SEC. 5. ADDITIONAL ACCREDITATION AUTHORITY. Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Satellite Offices and Overseas Operations.--As part of the accreditation of certifying agents under this section, the Secretary-- ``(1) has oversight and approval authority over any certifying agent operating in a foreign country; and ``(2) shall require an annual authorization for each certifying agent that intends to operate in any foreign country.''. SEC. 6. ANNUAL REPORT. Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following: ``(c) Annual Report.--Not later than March 1, 2019, and annually thereafter, the Secretary shall submit to Congress a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year.''.

Organic Farmer and Consumer Protection Act of 2017 This bill amends the Organic Foods Production Act of 1990 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) National Organic Program (NOP). USDA must modernize the international trade tracking and data collection systems of the NOP, which must include ensuring that trade and transaction certificates are fully traceable without unduly hindering trade. The bill authorizes mandatory funding to be used for this purpose and for maintaining previous database and technology upgrades. The bill modifies requirements for recordkeeping, investigations, and enforcement with respect to the organic certification process to: allow parties to an active investigation to share confidential business information with government officers or employees and certifying agents involved in the investigation, require federal agencies that administer cross-border documentation systems to provide USDA with access to the data from the systems, allow the NOP to grant an accredited certifying agent the authority to require additional documentation or verification before granting certification, and require USDA to issue regulations limiting the type of operations that are excluded from certification. With respect to the accreditation process for certifying agents, the bill: (1) authorizes USDA to oversee and approve certifying agents operating in a foreign country, and (2) requires certifying agents that intend to operate in a foreign country to be annually authorized.

Organic Farmer and Consumer Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Forfeiture Responsibility Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to strengthen and improve monitoring in the fisheries across the United States. SEC. 3. FISHERIES INVESTMENT FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Fisheries Investment Fund''. (b) Source of Funds.-- (1) In general.--All sums received by the United States as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce shall be deposited into the Fisheries Investment Fund. (2) Availability of funds.--Fees deposited in the Fisheries Investment Fund State shall remain available until expended. (c) Use of Funds.--Fees deposited in the Fisheries Investment Fund shall be used-- (1) subject to subsection (d), to reimburse reasonable attorneys' fees to a covered person; and (2) to conduct-- (A) the audit required by subsection (e); (B) enforcement activities as described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5; and (C) monitoring activities as described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(l)), as added by section 4. (d) Reimbursement of Attorneys' Fees.-- (1) Authority to provide reimbursement.--During fiscal years 2012 and 2013, the Secretary of Commerce may reimburse the reasonable attorneys' fees of a covered person pursuant to subsection (c)(1). (2) Application.--A covered person seeking reimbursement under paragraph (1) shall submit to the Secretary an application for such reimbursement no more than 60 days after the date the Secretary directs a fisheries enforcement penalty be remitted to the covered person. (3) Definitions.--In this section: (A) Covered person.--The term ``covered person'' means any person-- (i) that the Secretary of Commerce has directed be remitted a fisheries enforcement penalty at the recommendation of the report of Special Master Swartwood; or (ii) that-- (I) submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty; and (II) the Secretary directs to receive such remittance or a portion of such remittance. (B) Reasonable attorneys' fees.--The term ``reasonable attorneys' fees'' means attorneys' fees expended by a covered person-- (i) seeking remittance of a fisheries enforcement penalty that the Secretary of Commerce directs be remitted to the covered person; (ii) that were incurred by the covered person prior to the date that is 60 days after such fisheries enforcement penalty was directed by the Secretary to be remitted to the covered person; and (iii) that the Secretary determines are reasonable. (e) Audit.--For each of the fiscal years 2012, 2013, and 2014, the Secretary of Commerce or the Secretary of the Treasury shall-- (1) prepare an annual audit plan for the Fisheries Investment Fund; (2) submit each such audit plan to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate; (3) carry out the audit; and (4) submit the final audit results to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate, upon completion. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to Secretary of Commerce from the Fisheries Investment Fund for each fiscal year beginning with fiscal year 2012-- (A) for the reimbursement of reasonable attorneys' fees pursuant to subsection (d), the amount necessary to provide such reimbursement; (B) for an audit required by subsection (e), the amount necessary to conduct such audit; (C) for enforcement activities described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5, an amount that is not more than 33 percent of the total remaining amount in the Fund; and (D) for monitoring activities described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855), as added by section 4, the total remaining amount in the Fund less any amount appropriated pursuant to the authorization in subparagraph (C). (2) Total remaining amount in the fund.--In this subsection, the term ``total remaining amount in the Fund'' means the following: (A) For fiscal years 2012, the amount received by the United States in fiscal year 2011 as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce less-- (i) the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for fiscal year 2012; and (ii) the amount necessary to conduct an audit pursuant to paragraph (1)(B) for fiscal year 2012. (B) For a fiscal year after 2012, the amount deposited in the Fisheries Investment Fund for the prior fiscal year less-- (i) the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for the current fiscal year; and (ii) the amount necessary to conduct an audit pursuant to paragraph (1)(B) for the current fiscal year. SEC. 4. USE OF FUNDS FOR MONITORING. Section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855) is amended by adding at the end the following new subsection: ``(l) Monitoring Activities.-- ``(1) In general.--The Secretary may pay from sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 monitoring activities selected by the Councils, including, in order of priority-- ``(A) at-sea observers and shoreside monitoring; ``(B) preparing fishery impact statements, as described in section 303(a)(9); and ``(C) other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. ``(2) Allocation of funds among councils.--For each fiscal year, the sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 and used to carry out monitoring activities under paragraph (1) shall be allocated among the Councils so that the proportion of such sums that a Council receives is equal to the proportion of the sums deposited in such Fund from violations occurring in the area over which that Council exercises fishery management jurisdiction.''. SEC. 5. USE OF FUNDS FOR ENFORCEMENT. (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended-- (1) in paragraph (1)-- (A) by amendment the material preceding subparagraph (A) to read as follows: ``(1) The Secretary may pay from sums appropriated to the Secretary for enforcement activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011--''; and (B) by striking subparagraph (C); and (2) in paragraph (2), by moving such paragraph two ems to the left. (b) Conforming Amendment.--Section 311(f) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended by striking paragraph (4). SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to sums received on or after the date of the enactment of this Act.

Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended. Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance; and (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act. Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person. Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund.

A bill to strengthen and improve monitoring in the fisheries across the United States and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alerting Lives through Effective and Reliable Technological Systems Act of 2008'' or the ``ALERTS Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous proven and tested technologies exist to enable the Federal Government to enhance its public alert and warning system; (2) the expected benefits of these enhancements include-- (A) greater security, reliability, and redundancy of the system; (B) rapid alert dissemination; (C) an improved ability to notify remote locations; (D) the ability to geographically target and deliver alerts and warnings to multiple devices; and (E) the ability to permit State homeland security grants to be utilized for the purposes of modernizing public alert and warning systems; (3) there is a need to test the viability of delivering messages through diverse communications modes to effectively alert and warn the public; (4) there is a need to modernize and improve the ability of the Federal Government to provide residents of the United States with timely and effective warnings; (5) although significant Federal integration efforts are underway, the aggregation, dissemination, and reporting system necessary for effective public alert and warning will require an integrated national network for reliable, secure, and authentic dissemination of emergency alerts and warnings to and from all Federal, State, local, and tribal entities that alert the public when appropriate. SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of the following new section: ``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--In order to provide timely and effective warnings and disseminate homeland security and other information, the Secretary shall-- ``(1) establish a national integrated public alert and warning system (in this section referred to as `the system') not later than two years after the date of the enactment of this section; and ``(2) designate an agency within the Department to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized Federal, State, local, and tribal governments to facilitate the transmission of the Commercial Mobile Alert System. ``(b) Implementation Requirements.--In carrying out subsection (a), the Secretary shall-- ``(1) establish, as appropriate, common alerting and warning protocols, standards of performance, and terminology for the system established under subsection (a)(1) by adopting, where appropriate, mechanisms that integrate various approaches developed by key stakeholders; ``(2) include in the system the capability to adapt the dissemination of homeland security and other information and the content of communications on the basis of geographic location, risks, or user preferences, as appropriate; ``(3) include in the system the capability to alert and warn populations with special needs; ``(4) ensure that the system is incorporated into the training and exercise programs of the Department; and ``(5) coordinate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, and other key stakeholders to leverage existing alert and warning capabilities. ``(c) System Requirements.--The Secretary shall ensure that the system-- ``(1) incorporates redundant and diverse modes to disseminate homeland security and other information in warning messages to the public so as to reach the greatest number of individuals; ``(2) can be adapted to incorporate future technologies; ``(3) is resilient, secure, and can withstand acts of terrorism and other external attacks; ``(4) delivers alerts to populations in remote areas; and ``(5) promotes State, local, tribal, and regional partnerships to enhance coordination. ``(d) Report.--Not later than one year after the date on which the system established under subsection (a) is fully functional and every six months thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the functionality and performance of the integrated public alert and warning system, including-- ``(1) an assessment of the accomplishments and deficiencies of the system; ``(2) recommendations for improvements to the system; ``(3) information on the feasibility and effectiveness of disseminating homeland security and other information, notices, and alerts prior to and following an incident requiring use of the system. ``(e) Commercial Mobile Alert System Pilot Program.-- ``(1) In general.--Not later than three months after the date of the enactment of this section, the Secretary shall develop within the integrated public alert and warning system the commercial mobile alert system to provide rapid dissemination of homeland security and other information over commercial mobile devices and conduct a pilot program for the purpose of increasing the reach of the integrated public alert and warning system. ``(2) Scope.--The Secretary shall select at least five States to participate in the pilot program. The Secretary shall ensure the participation of States that represent a geographic (including urban and rural) cross-section of the United States and that vary in risk to acts of terrorism. ``(3) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is six months after the date of the commencement of the pilot program. ``(4) Report.--Not later than three months after the termination of the pilot program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(A) a description and assessment of the effectiveness of the pilot program; ``(B) any findings and conclusions of the Secretary with respect to the pilot program; and ``(C) any recommendations for improvements to the commercial mobile alert system. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce, the Federal Communications Commission, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (c) Homeland Security Grants.--Section 2008(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following new paragraph: ``(13) permitting State, local, and tribal governments to improve public alert and warning capabilities; and''. (d) Criminal Acts.--It shall be unlawful to tamper or interfere with components of the system that are used or designed to deliver alerts and warnings that were purchased with public funds, including homeland security grants. A violation of section 525 of the Homeland Security Act of 2002 (as added by section 3 of this Act) shall be punishable by a fine of not more than $10,000, imprisonment for not more than ten years, or both.

Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system; (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices; and (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system. Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology; (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations; (3) ensure that the national warning system is incorporated into DHS training and exercise programs; and (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders. Directs the Secretary to conduct a pilot program to increase the national warning system's reach. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities. Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds.

To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate an agency within the Department of Homeland Security to modernize the integrated public alert and warning system of the United States to disseminate homeland security and other information, and for other purposes.

SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT LIMIT IS REACHED. (a) In General.--Section 1145 of the Social Security Act (42 U.S.C. 1320b-15) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Timely Payment of Benefits if Statutory Debt Limit Is Reached.-- ``(1) Disinvestment of fund to make current benefit payments.--For the purpose of making payment of cash benefits or administrative expenses during any debt limit default period, public debt obligations held by the applicable Federal fund shall be sold or redeemed in an amount not to exceed the sum of-- ``(A) the face amount of obligations held by such fund which mature during such month; plus ``(B) the amount necessary only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the applicable Federal fund are not available during such period for making payment of such benefits or administrative expenses. ``(2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the applicable Federal fund pursuant to paragraph (1), the Secretary of the Treasury shall issue corresponding public debt obligations to the public in order to obtain the amounts necessary for payment of benefits or administrative expenses from the applicable Federal fund, notwithstanding the public debt limit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Debt limit default period.--The term `debt limit default period' means a period for which cash benefits or administrative expenses would not otherwise be payable from the applicable Federal fund by reason of an inability to issue further public debt obligations because of the public debt limit. ``(B) Applicable federal fund.--The term `applicable Federal fund' means a Federal fund specified in paragraph (1) or (2) of subsection (d).''. (b) Conforming Amendments.-- (1) Section 1145 of the Social Security Act, as amended by subsection (a), is amended-- (A) by redesignating subsection (d) as subsection (e), and (B) by inserting after subsection (c) the following new subsection: ``(d) Public Debt Limit.--For purposes of this section, the term `public debt limit' means the limitation established under section 3101 of title 31, United States Code, as increased under section 3101A of such title.''. (2) Section 1145(c) of the Social Security Act, as amended by subsection (a), is amended by striking ``established under section 3101 of title 31, United States Code''. SEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT IS REACHED. Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) In the event that the Secretary of the Treasury is not able to issue obligations to make all payments authorized by law due to the limitation under subsection (b) (as increased under section 3101A), the Secretary shall give equal priority to the following: payments of principal and interest on public debt; payments of amounts that the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service; payments determined by the President (and reported to the Congress) to be necessary to continue United States priorities of its vital national security interests; and payments for items and services under title XVIII of the Social Security Act (relating to Medicare).''. SEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: ``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED APPROPRIATIONS. ``(a) Definitions.--In this section: ``(1) The term `military personnel accounts' means the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. ``(2) The term `pay and allowances' means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. ``(3) The term `period of lapsed appropriations', when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. ``(b) Appropriation of Funds To Continue Payment of Pay and Allowances.--For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. ``(c) Limitation on Amounts Paid.--This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. ``(d) Relation to Other Pay Authorities.--This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. ``(e) Effect of End of Period of Lapsed Appropriations.-- Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1015. Continuance of pay and allowances during periods of lapsed appropriations.''.

Amends title XI (General Provisions) of the Social Security Act with respect to the payment of cash benefits or administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund (applicable federal funds) during any debt limit default period. Requires that during a debt limit default period public debt obligations held by the applicable federal fund be sold or redeemed in an amount not to exceed the sum of: (1) the face amount of obligations held by the fund which mature during the month in question; plus (2) the amount necessary only to pay such benefits or administrative expenses, and only to the extent cash assets of the fund are not available during that period to make such payments. Directs the Secretary of the Treasury, in order to undertake the sale or redemption of public debt obligations held by the applicable federal fund, to issue corresponding public debt obligations to the public in order to obtain the amounts necessary to make such payments, notwithstanding the public debt limit. Declares that, in the event that the Secretary is not able to issue obligations to make all authorized payments because the public debt limit has been reached, the Secretary shall give equal priority to the following: (1) payments of principal and interest on public debt; (2) payments of amounts that the Secretary of Defense (DOD) (and the Secretary of Homeland Security [DHS] in the case of the Coast Guard) determines to be necessary to continue pay and allowances (without interruption) to the Army, Navy, Air Force, Marine Corps, and Coast Guard, including their reserve components, who perform active service; (3) payments determined by the President (and reported to the Congress) to be necessary to continue U.S. priorities of its vital national security interests; and (4) payments for items and services under SSA title XVIII (Medicare). Makes appropriations, for any period of lapsed appropriations, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the U.S. armed forces.

To direct the Secretary of the Treasury to ensure that social security benefits are paid, to prioritize payments when the United States is not able to issue new obligations due to the statutory debt limit, and to address a lapse in appropriations to fund the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Tax Fairness and Shareholder Rights Act of 2003''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.''. (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed after December 31, 1996, and before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003. SEC. 3. DISCLOSURE OF CORPORATE EXPATRIATION TRANSACTIONS. (a) In General.--Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Proxy Solicitations in Connection With Corporate Expatriation Transactions.-- ``(1) Disclosure to shareholders of effects of corporate expatriation transaction.--The Commission shall, by rule, require that each domestic issuer shall prominently disclose, as a separate and distinct document accompanying each proxy statement relating to a corporate expatriation transaction-- ``(A) the number of employees of the domestic issuer that would be located in the new foreign jurisdiction of incorporation or organization of that issuer upon completion of the corporate expatriation transaction; ``(B) the percentage of the total assets of the domestic issuer that would be located within the new foreign jurisdiction of incorporation or organization of that issuer upon completion of the corporate expatriation transaction; ``(C) how the rights of holders of the securities of the domestic issuer would be impacted by a completed corporate expatriation transaction; ``(D) that as a result of a completed corporate expatriation transaction, any taxable holder of the securities of the domestic issuer shall be subject to the taxation of any capital gains realized with respect to such securities; and ``(E) the estimated tax benefit that would be realized by the domestic issuer upon completion of the corporate expatriation transaction. ``(2) Disclosure to commission of results of vote.--Upon the approval of any corporate expatriation transaction by the holders of the securities of a domestic issuer, that issuer shall provide to the Commission, in a form and manner to be determined by the Commission, information as to how each holder of record of a voting security of that domestic issuer (or a proxy there for) voted with respect to the corporate expatriation transaction. ``(3) Definitions.--In this subsection, the following definitions shall apply: ``(A) Corporate expatriation transaction.--The term `corporate expatriation transaction' means any transaction, or series of related transactions, in which an entity organized under the laws of a foreign country acquires, directly or indirectly, substantially all of the voting securities in, or substantially all of the assets of, a domestic issuer, and-- ``(i) immediately after completion of the transaction, more than 80 percent of the securities (by vote or value) of the acquiring foreign entity will be held by persons that were security holders of the domestic issuer immediately prior to the transaction; or ``(ii) immediately after completion of the transaction, more than 50 percent of the securities (by vote or value) of the acquiring foreign entity will be held by persons that were security holders of the domestic issuer immediately prior to the transaction, and-- ``(I) such foreign entity will not have substantial business activities in the foreign country in which it is organized; and ``(II) the securities of the foreign entity will be publicly traded, and the principal market for the public trading of such securities will be in the United States. ``(B) Domestic issuer.--The term `domestic issuer' means an issuer created or organized in the United States or under the law of the United States or of any State.''. (b) Effective Date.--Section 14(i) of the Securities Exchange Act of 1934 (as added by this section) shall apply with respect to corporate expatriation transactions (as defined in that section 14(i)) proposed on and after the date of enactment of this Act. SEC. 4. MODIFICATIONS TO EXPENSING UNDER SECTION 179. (a) Increase of Amount Which May Be Expensed.-- (1) In general.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended to read as follows: ``(1) Dollar limitation.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $75,000 ($25,000 in the case of taxable years beginning after December 31, 2007).''. (2) Increase in phaseout threshold.--Paragraph (2) of section 179(b) of such Code is amended by striking ``$200,000'' and inserting ``$325,000 ($200,000 in the case of taxable years beginning after December 31, 2007)''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2002.

Corporate Tax Fairness and Shareholder Rights Act of 2003 - Amends the Internal Revenue Code (IRC) by determining that acquiring corporations in"corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.Amends the Securities Act of 1934 to require: (1) disclosure to shareholders, and effects of, corporate expatriation transaction; and (2) disclosure to the SEC of the approval of any corporate expatriate transaction.Amends the IRC to temporarily (through 2007) increase the expensing limit and phaseout threshold.

A bill to amend the Internal Revenue Code of 1986 and the Securities Exchange Act of 1934 to provide for the treatment of corporate expatriation transactions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act''. SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR CERTAIN YOUTH EMPLOYEES. (a) Expansion of Credit for Summer Youth.-- (1) Credit allowed for year-round employment.--Section 51(d)(7)(A) of the Internal Revenue Code of 1986 is amended-- (A) by striking clauses (i) and (iii) and redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively; (B) in clause (i) (as so redesignated), by striking ``(or if later, on May 1 of the calendar year involved),'' and inserting ``, and''; and (C) by adding at the end the following new clause: ``(iii) who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which such individual is regularly attending any secondary school.''. (2) Increase in credit amount.--Section 51(d)(7) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (3) Conforming amendments.-- (A) Subparagraph (F) of section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``summer''. (B) Paragraph (7) of section 51(d) of such Code is amended-- (i) by striking ``summer'' each place it appears in subparagraphs (A); (ii) in subparagraph (B), as redesignated by paragraph (2), by striking ``subparagraph (A)(iv)'' and inserting ``subparagraph (A)(ii)''; and (iii) by striking ``summer'' in the heading thereof. (b) Credit for At-Risk Youth.-- (1) In general.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'' , and by adding at the end the following new subparagraph: ``(K) an at-risk youth.''. (2) At-risk youth.--Paragraph (14) of section 51(d) of such Code is amended to read as follows: ``(14) At-risk youth.--The term `at-risk youth' means any individual who is certified by the designated local agency-- ``(A) as-- ``(i) having attained age 16 but not age 25 on the hiring date, ``(ii) as not regularly attending any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, ``(iii) as not regularly employed during such 6-month period, and ``(iv) as not readily employable by reason of lacking a sufficient number of basic skills, or ``(B) as-- ``(i) having attained age 16 but not age 21 on the hiring date, and ``(ii) an eligible foster child (as defined in section 152(f)(1)(C)) who was in foster care during the 12-month period ending on the hiring date.''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. EXTENSION OF EMPOWERMENT ZONES. (a) In General.--Section 1391(d)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2016'' and inserting ``December 31, 2019''. (b) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide.

Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act This bill amends the Internal Revenue Code, with respect to the work opportunity tax credit, to: change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the individual is regularly attending any secondary school, increase the amount of the credit for youth employees, and expand the credit to include at-risk youth. An "at-risk youth" is any individual who is certified by the designated local agency as: having attained age 16 but not age 25 on the hiring date, having not regularly attended specified schools or been employed during the six-month period preceding the hiring date, and not readily employable by reason of lacking a sufficient number of basic skills. The term also includes individuals who have been certified as having attained the age of 16 but not age 21 on the hiring date and as an eligible foster child who was in foster care during the 12-month period ending on the hiring date. The bill also extends until December 31, 2019, the designation period for certain tax-favored empowerment zones.

Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childrens' Internet Protection Act''. SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR COMPUTERS WITH INTERNET ACCESS. (a) In General.--Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end thereof the following: ``(l) Implementation of an Internet Filtering or Blocking Technology.-- ``(1) In general.--An elementary school, secondary school, or library that fails to provide the certification required by paragraph (2) or (3), respectively, is not eligible to receive or retain universal service assistance provided under subsection (h)(1)(B). ``(2) Certification for schools.--To be eligible to receive universal service assistance under subsection (h)(1)(B), an elementary or secondary school (or the school board or other authority with responsibility for administration of that school) shall certify to the Commission that it has-- ``(A) selected a technology for computers with Internet access to filter or block material deemed to be harmful to minors; and ``(B) installed, or will install, and uses or will use, as soon as it obtains computers with Internet access, a technology to filter or block such material. ``(3) Certification for libraries.-- ``(A) Libraries with more than 1 internet-accessing computer.--To be eligible to receive universal service assistance under subsection (h)(1)(B), a library that has more than 1 computer with Internet access intended for use by the public (including minors) shall certify to the Commission that it has installed and uses a technology to filter or block material deemed to be harmful to minors on one or more of its computers with Internet access. ``(B) Libraries with only 1 internet-accessing computer.--A library that has only 1 computer with Internet access intended for use by the public (including minors) is eligible to receive universal service assistance under subsection (h)(1)(B) even if it does not use a technology to filter or block material deemed to be harmful to minors on that computer if it certifies to the Commission that it employs a reasonably effective alternative means to keep minors from accessing material on the Internet that is deemed to be harmful to minors. ``(4) Time for certification.--The certification required by paragraph (2) or (3) shall be made within 30 days of the date of enactment of the Childrens' Internet Protection Act, or, if later, within 10 days of the date on which any computer with access to the Internet is first made available in the school or library for its intended use. ``(5) Notification of cessation; additional internet- accessing computer.-- ``(A) Cessation.--A library that has filed the certification required by paragraph (3)(A) shall notify the Commission within 10 days after the date on which it ceases to use the filtering or blocking technology to which the certification related. ``(B) Additional internet-accessing computer.--A library that has filed the certification required by paragraph (3)(B) that adds another computer with Internet access intended for use by the public (including minors) shall make the certification required by paragraph (3)(A) within 10 days after that computer is made available for use by the public. ``(6) Penalty for failure to comply.--A school or library that fails to meet the requirements of this subsection is liable to repay immediately the full amount of all universal service assistance it received under subsection (h)(1)(B). ``(7) Local determination of material to be filtered.--For purposes of paragraphs (2) and (3), the determination of what material is to be deemed harmful to minors shall be made by the school, school board, library or other authority responsible for making the required certification. No agency or instrumentality of the United States Government may-- ``(A) establish criteria for making that determination; ``(B) review the determination made by the certifying school, school board, library, or other authority; or ``(C) consider the criteria employed by the certifying school, school board, library, or other authority in the administration of subsection (h)(1)(B).''. (b) Conforming Change.--Section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking ``All telecommunications'' and inserting ``Except as provided by subsection (l), all telecommunications''. SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS. The Federal Communications Commission shall adopt rules implementing section 254(l) of the Communications Act of 1934 within 120 days after the date of enactment of this Act.

Childrens' (sic) Internet Protection Act - Amends the Communications Act of 1934 to make an elementary school, secondary school, or library ineligible to receive or retain universal service assistance under such Act unless it certifies to the Federal Communications Commission that it has selected and installed (or will install) a technology for computers with Internet access which filters or blocks material deemed harmful to minors. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference.

Childrens' [sic] Internet Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Courts Assistance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (2) Family violence costs the nation between $5,000,000,000 and $10,000,000,000 each year in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism, and nonproductivity. (3) The Nation's first specialized domestic violence court was established in Chicago in the early 1980s to centralize the prosecution of domestic violence offenders. (4) There are presently more than 300 domestic violence courts in at least 23 States nationwide. (5) Specialized domestic violence courts in several communities have resulted in cutting the processing time of domestic violence, reducing a backlog of existing domestic violence cases and raising the conviction rate. (6) Specialized domestic violence courts allow judges, prosecutors and defense attorneys to focus on the intricacies of domestic violence cases, especially with regards to repeat offenders. SEC. 3. ESTABLISHMENT OF DOMESTIC VIOLENCE COURT SYSTEMS FROM AMOUNTS AVAILABLE FOR GRANTS TO COMBAT VIOLENCE AGAINST WOMEN. (a) In General.--Part T of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to grants to combat violent crimes against women) is amended as follows: (1) Purposes for which grants may be used.--Section 2001(b) of that Act (42 U.S.C. 3796gg(b)) is amended-- (A) in paragraph (10), by striking ``and'' at the end; (B) in paragraph (11), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(12) providing the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases, including providing such resources as-- ``(A) prosecutors and court personnel, including those who perform interpretation and translation services; ``(B) technical assistance and counseling; ``(C) training of attorneys, judges, and court personnel, including those who perform interpretation and translation services (which should be carried out in consultation with local domestic violence advocates, State domestic violence coalitions, or both); ``(D) technological improvements and data collection; and ``(E) improvement of court facilities, including the creation of safe waiting areas and improved security.''. (2) Qualification for funds.--Section 2002(c)(3)(C) of that Act (42 U.S.C. 3796gg-1(c)(3)(C)) is amended by inserting after ``including juvenile courts'' the following: ``and specialized domestic violence courts''. (b) Attorney General Report.--Not later than thirty days after the expiration of the third fiscal year beginning after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the implementation and effectiveness of the amendments made by subsection (b), including the effectiveness of grants made under such amendments in reducing the rates of domestic violence and shortening the period of judicial review in domestic violence cases. (c) State Justice Institute.--Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended-- (1) in paragraph (14) by striking ``and''; (2) in paragraph (15) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(16) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts, including-- ``(A) domestic violence courts; ``(B) integrated case management information systems; ``(C) collaborations among courts, law enforcement agencies, social service agencies, women's shelters, and victims of crime support organizations; and ``(D) any other innovative practices likely to improve the criminal justice system's response to domestic violence; and ``(17) provide technical assistance to State courts to facilitate the development and adoption of improved practices in the adjudication of domestic violence cases.''. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out paragraphs (16) and (17) of section 206(c) of the State Justice Institute Act of 1984, as added by subsection (c), $1,500,000 for each of fiscal years 2005 through 2008.

Domestic Violence Courts Assistance Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (relating to grants to combat violent crimes against women) to allow such grants to be used to provide the resources to establish and maintain a court system dedicated to the adjudication of domestic violence cases. Requires a State to certify that at least five percent of grant funds shall be allocated for specialized domestic violence courts. Amends the State Justice Institute Act of 1984 to allow funds available pursuant to grants, cooperative agreements, or contracts awarded under the Act to be used to: (1) implement and evaluate court-based approaches to adjudicating domestic violence cases in State courts; and (2) provide technical assistance to State courts to facilitate the development and adoption of improved practices in such adjudication.

To authorize the establishment of domestic violence court systems from amounts available for grants to combat violence against women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2013''. SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current on or in default on payments due under the mortgage, that-- (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (3) was originated on or before the date of the enactment of this Act. (c) Refinancing Mortgage.--For purposes of this section, the term ``refinancing mortgage'' means a mortgage that meets the following requirements: (1) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage. (2) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (3) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall be equivalent to the premium received by the enterprise on the qualified mortgage being refinanced plus the cost of selling a newly issued mortgage having comparable risk and term to maturity in a mortgage-backed security, as such rate may be increased to the extent necessary to cover, over the term to maturity of the mortgage, any fee paid to the servicer pursuant to subsection (d), the cost of any title insurance coverage issued in connection with the mortgage, and, as determined by the Director, a portion of any administrative costs of the program under this section as may be attributable to the mortgage. (4) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (5) Term to maturity.--The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (6) Prohibition on borrower fees.--The servicer conducting the refinancing shall not charge the mortgagor any fee for the refinancing of the qualified mortgage through the refinancing mortgage. (7) Title insurance.--The fee for title insurance coverage issued in connection with the mortgage shall be reasonable in comparison with fees for such coverage available in the market for mortgages having similar terms. (d) Fee to Servicer.--The Director may, in the Director's sole discretion, require each enterprise to pay to the servicer of a qualified mortgage a fee, in such amount as the Director considers appropriate, for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage pursuant to this section. (e) No Appraisal.--The enterprises may not require an appraisal of the property subject to a refinancing mortgage to be conducted in connection with such refinancing. (f) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the one-year period beginning on the date of the enactment of this Act, except that the Director may, by notice published before the expiration of such period, extend such period for such additional time as the Director considers appropriate. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (h) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program under this section.

Housing Opportunity and Mortgage Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency (FHFA). Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Authorizes the FHFA Director, in his or her sole discretion, to require each enterprise to pay a servicer an appropriate fee for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage. Prohibits any requirement of a property appraisal.

Housing Opportunity and Mortgage Equity Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Faith-Based Drug Treatment Enhancement Act''. SEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``Part G--Services Provided Through Religious Organizations ``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS. ``(a) Designated Programs.--Subject to subsection (b), this part applies to each program under this Act that makes awards of Federal financial assistance to public or private entities for the purpose of carrying out activities to prevent or treat substance abuse (in this part referred to as a `designated program'). Designated programs include the program under subpart II of part B of title XIX (relating to formula grants to the States). ``(b) Limitation.--This part does not apply to any award of Federal financial assistance under a designated program for a purpose other than the purpose specified in subsection (a). ``(c) Definitions.--For purposes of this part (and subject to subsection (b)): ``(1) Designated award recipient.--The term `designated award recipient' means a public or private entity that has received an award under a designated program (whether the award is a designated direct award or a designated subaward). ``(2) Designated direct award.--The term `designated direct award' means an award under a designated program that is received directly from the Federal Government. ``(3) Designated subaward.--The term `designated subaward' means an award of financial assistance made by a non-Federal entity, which award consists in whole or in part of Federal financial assistance provided through an award under a designated program. ``(4) Designated program.--The term `designated program' has the meaning given such term in subsection (a). ``(5) Financial assistance.--The term `financial assistance' means a grant, cooperative agreement, contract, or voucherized assistance. ``(6) Program beneficiary.--The term `program beneficiary' means an individual who receives program services. ``(7) Program participant.--The term `program participant' has the meaning given such term in section 582(a)(2). ``(8) Program services.--The term `program services' means treatment for substance abuse, or preventive services regarding such abuse, provided pursuant to an award under a designated program. ``(9) Religious organization.--The term `religious organization' means a nonprofit religious organization. ``(10) Voucherized assistance.--The term `voucherized assistance' means-- ``(A) a system of selecting and reimbursing program services in which-- ``(i) the beneficiary is given a document or other authorization that may be used to pay for program services; ``(ii) the beneficiary chooses the organization that will provide services to him or her according to rules specified by the designated award recipient; and ``(iii) the organization selected by the beneficiary is reimbursed by the designated award recipient for program services provided; or ``(B) any other mode of financial assistance to pay for program services in which the program beneficiary determines the allocation of program funds through his or her selection of one service provider from among alternatives. ``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS. ``(a) In General.-- ``(1) Scope of authority.--Notwithstanding any other provision of law, a religious organization-- ``(A) may be a designated award recipient; ``(B) may make designated subawards to other public or nonprofit private entities (including other religious organizations); ``(C) may provide for the provision of program services to program beneficiaries through the use of voucherized assistance; and ``(D) may be a provider of services under a designated program, including a provider that accepts voucherized assistance. ``(2) Definition of program participant.--For purposes of this part, the term `program participant' means a public or private entity that has received a designated direct award, or a designated subaward, regardless of whether the entity provides program services. Such term includes an entity whose only participation in a designated program is to provide program services pursuant to the acceptance of voucherized assistance. ``(b) Religious Organizations.--The purpose of this section is to allow religious organizations to be program participants on the same basis as any other nonprofit private provider without impairing the religious character of such organizations, and without diminishing the religious freedom of program beneficiaries. ``(c) Nondiscrimination Against Religious Organizations.-- ``(1) Findings.--The Congress finds that the establishment clause of the first amendment to the Constitution of the United States does not require that-- ``(A) social-welfare programs discriminate against faith-based providers of services; or ``(B) faith-based providers of services, as a prerequisite to participation in Federal programs, abandon their religious character and censor their religious expression. ``(2) Nondiscrimination.--Religious organizations are eligible to be program participants on the same basis as any other nonprofit private organization. Neither the Federal Government nor a State receiving funds under such programs shall discriminate against an organization that is or applies to be a program participant on the basis that the organization has a religious character. ``(d) Religious Character and Freedom.-- ``(1) Religious organizations.--Except as provided in this section, any religious organization that is a program participant shall retain its independence from Federal, State, and local government, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious organization to-- ``(A) alter its form of internal governance; or ``(B) remove religious art, icons, scripture, or other symbols; in order to be a program participant. ``(e) Nondiscrimination in Employment.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section shall be construed to modify or affect the provisions of any other Federal or State law or regulation that relates to discrimination in employment on the basis of religion. ``(2) Exception.--A religious organization that is a program participant may require that an employee rendering program services adhere to-- ``(A) the religious beliefs and practices of such organization; and ``(B) any rules of the organization regarding the use of drugs or alcohol. ``(f) Rights of Program Beneficiaries.-- ``(1) Objections regarding religious organizations.--With respect to an individual who is a program beneficiary or a prospective program beneficiary, if the individual objects to a program participant on the basis that the participant is a religious organization, the following applies: ``(A) If the organization received a designated direct award, the organization shall arrange for the individual to receive program services through an alternative entity. ``(B) If the organization received a designated subaward, the non-Federal entity that made the subaward shall arrange for the individual to receive the program services through an alternative program participant. ``(C) If the organization is providing services pursuant to voucherized assistance, the designated award recipient that operates the voucherized assistance program shall arrange for the individual to receive the program services through an alternative provider. ``(D) Arrangements under any of subparagraphs (A) through (C) with an alternative entity shall provide for program services the monetary value of which is not less than the monetary value of the program services that the individual would have received from the religious organization involved. ``(2) Nondiscrimination.-- ``(A) In general.--Except as provided in subparagraph (B) or as otherwise provided in law, a religious organization that is a program participant shall not in providing program services discriminate against a program beneficiary on the basis of religion or religious belief. ``(B) Limitation.--A religious organization that is a program participant may require a program beneficiary who has elected in accordance with paragraph (1) to receive program services from such organization-- ``(i) to actively participate in religious practice, worship, and instruction; and ``(ii) to follow rules of behavior devised by the organizations that are religious in content or origin. ``(g) Fiscal Accountability.-- ``(1) In general.--Except as provided in paragraph (2), any religious organization that is a program participant shall be subject to the same regulations as other recipients of awards of Federal financial assistance to account, in accordance with generally accepted auditing principles, for the use of the funds provided under such awards. ``(2) Limited audit.--With respect to the award involved, if a religious organization that is a program participant maintains the Federal funds in a separate account from non- Federal funds, then only the Federal funds shall be subject to audit. ``(h) Compliance.--With respect to compliance with this section by an agency, a religious organization may obtain judicial review of agency action in accordance with chapter 7 of title 5, United States Code. ``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES. ``(a) In General.--Except as provided in subsection (b), no funds provided directly to an entity under a designated program shall be expended for sectarian worship or instruction. ``(b) Exception.--Subsection (a) shall not apply to assistance provided to or on behalf of a program beneficiary if the beneficiary may choose where such assistance is redeemed or allocated. ``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS. ``(a) Funds Not Aid to Institutions.--Financial assistance under a designated program provided to or on behalf of program beneficiaries is aid to the beneficiary, not to the organization providing program services. The receipt by a program beneficiary of program services at the facilities of the organization shall not constitute Federal financial assistance to the organization involved. ``(b) Prohibition on State Discrimination in Use of Funds.--No provision in any State constitution or State law shall be construed to prohibit the expenditure of Federal funds under a designated program in a religious facility or by a religious organization that is a program participant. If a State law or constitution would prevent the expenditure of State or local public funds in such a facility or by such an organization, then the State or local government shall segregate the Federal funds from State or other public funds for purposes of carrying out the designated program. ``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT PROGRAMS. ``(a) Findings.--The Congress finds that-- ``(1) establishing formal educational qualification for counselors and other personnel in drug treatment programs may undermine the effectiveness of such programs; and ``(2) such formal educational requirements for counselors and other personnel may hinder or prevent the provision of needed drug treatment services. ``(b) Limitation on Educational Requirements of Personnel.-- ``(1) Treatment of religious education.--If any State or local government that is a program participant imposes formal educational qualifications on providers of program services, including religious organizations, such State or local government shall treat religious education and training of personnel as having a critical and positive role in the delivery of program services. In applying educational qualifications for personnel in religious organizations, such State or local government shall give credit for religious education and training equivalent to credit given for secular course work in drug treatment or any other secular subject that is of similar grade level and duration. ``(2) Restriction of discrimination requirements.-- ``(A) In general.--Subject to paragraph (1), a State or local government that is a program participant may establish formal educational qualifications for personnel in organizations providing program services that contribute to success in reducing drug use among program beneficiaries. ``(B) Exception.--The Secretary shall waive the application of any educational qualification imposed under subparagraph (A) for an individual religious organization, if the Secretary determines that-- ``(i) the religious organization has a record of prior successful drug treatment for at least the preceding 3 years; ``(ii) the educational qualifications have effectively barred such religious organization from becoming a program provider; ``(iii) the organization has applied to the Secretary to waive the qualifications; and ``(iv) the State or local government has failed to demonstrate empirically that the educational qualifications in question are necessary to the successful operation of a drug treatment program.''.

Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.

Faith-Based Drug Treatment Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Businesses Access to Banking Act of 2015''. SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. A Federal banking regulator may not-- (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a marijuana-related legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because-- (A) the individual is a manufacturer or producer, or is the owner or operator of a marijuana-related legitimate business; (B) the individual later becomes an owner or operator of a marijuana-related legitimate business; or (C) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business; and (4) take any adverse or corrective supervisory action on a loan made to an owner or operator of-- (A) a marijuana-related legitimate business, solely because the owner or operator owns or operates a marijuana-related legitimate business; or (B) real estate or equipment that is leased to a marijuana-related legitimate business, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a marijuana-related legitimate business. SEC. 3. PROTECTIONS UNDER FEDERAL LAW. (a) In General.--In a State or political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State or political subdivision, a depository institution that provides financial services to a marijuana-related legitimate business, and the officers, directors, and employees of that depository institution may not be held liable pursuant to any Federal law or regulation-- (1) solely for providing such financial services pursuant to the law or regulation of such State or political subdivision; or (2) for further investing any income derived from such financial services. (b) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall require a depository institution to provide financial services to a marijuana-related legitimate business. SEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS. Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Requirements for marijuana-related businesses.-- ``(A) In general.--If a financial institution or any director, officer, employee, or agent of a financial institution reports a suspicious transaction pursuant to this subsection, and the reason for the report relates to a marijuana-related business, the Secretary shall require that such report complies with the requirements of the guidance issued by the Financial Crimes Enforcement Network titled `BSA Expectations Regarding Marijuana-Related Businesses' (FIN-2014-G001; published on February 14, 2014). The Secretary may issue additional regulations or guidance as necessary to ensure that reports of suspicious transactions do not inhibit the provision of financial services to marijuana-related legitimate businesses in a State or political subdivision of a State that has allowed the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to law or regulation of such State or political subdivision. ``(B) Definition.--In this paragraph, the term `marijuana-related legitimate business' has the meaning given such term in the Marijuana Businesses Access to Banking Act of 2015.''. SEC. 6. DEFINITIONS. In this Act: (1) Depository institution.--The term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Federal banking regulator.--The term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (3) Financial service.--The term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481). (4) Manufacturer.--The term ``manufacturer'' means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products. (5) Marijuana-related legitimate business.--The term ``marijuana-related legitimate business'' means a manufacturer, producer, or any person that-- (A) participates in any business or organized activity that involves handling marijuana or marijuana products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing marijuana or marijuana products; and (B) engages in such activity pursuant to a law or regulation of by a State or a political subdivision of a State. (6) Marijuana.--The term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802). (7) Marijuana product.--The term ``marijuana product'' means any article which contains marijuana, including an article which is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical. (8) Producer.--The term ``producer'' means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana. (9) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.

Marijuana Businesses Access to Banking Act of 2015 This bill provides a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from: (1) terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services. A federal banking regulator may neither recommend, motivate, provide incentives, nor encourage a depository institution to refuse to offer financial services to an individual, nor downgrade or cancel financial services offered to an individual, solely because the individual: (1) is a manufacturer, producer, owner or operator of a marijuana-related legitimate business; or (2) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. A federal banking regulator may not take any adverse or corrective supervisory action, solely because of the business involved, on a loan made to an owner or operator of: (1) a marijuana-related legitimate business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business. Immunity from federal criminal prosecution or investigation is granted, subject to certain conditions, to a depository institution that provides financial services to a marijuana-related legitimate business in a state or one of its political subdivisions that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana. Neither the depository institution nor its officers, directors, nor employees may be held liable under federal law or regulation solely for providing such financial services or further investing income derived from those services. The Department of the Treasury must require any suspicious activity report filed by a financial institution regarding a marijuana-based business to comply with specified guidance of the Financial Crimes Enforcement Network.

Marijuana Businesses Access to Banking Act of 2015

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Endangered Species Criminal and Civil Penalties Liability Reform Act''. (b) References to Endangered Species Act of 1973.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF SPECIES. Section 9 (16 U.S.C. 1538) is amended by adding at the end the following: ``(h) Specific Intent Required for Taking.--For purposes of this section, the term `take' means to-- ``(1) knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act; or ``(2) attempt to engage in conduct described in paragraph (1).''. SEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT VIOLATION. Section 10 (16 U.S.C. 1540) is amended by adding at the end the following: ``(k) Notice and Opportunity To Correct Violation.-- ``(1) In general.--A person shall not be liable for any criminal or civil penalty for a violation of this Act committed while conducting an otherwise lawful activity and not for the purpose of a taking prohibited by this Act, unless-- ``(A) the Secretary provides the person notice of the violation; and ``(B) the person fails to terminate and otherwise correct the activity constituting the violation by not later than 30 days after the date of the notice. ``(2) Corrective action.--A person may correct an activity for purposes of paragraph (1)(B) by mitigation, entering into a binding commitment to carry out mitigation, or other method that is determined by the Secretary to be reasonably calculated to restore the species to its status immediately prior to the activity.''. SEC. 4. NO SURPRISES. Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end the following: ``(3)(A) Each conservation plan developed under this subsection shall include provisions under which a person who has entered into, and is in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment of money, or compliance with use, development, or management restrictions on any land, waters, or water-related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. ``(B) The provisions required by subparagraph (A) shall, among other matters, identify-- ``(i) modifications to the plan; or ``(ii) additional conservation measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR ENFORCEMENT ACTIONS. Section 11 (16 U.S.C. 1540) is further amended by adding at the end the following: ``(h) Knowledge of Endangered or Threatened Status Required.--In any enforcement action or citizen suit under this Act in which it is alleged that the defendant acted or failed to act with respect to a member of a species listed under section 4(c), it is an affirmative defense to the allegation that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered species or threatened species.''. SEC. 6. SAFE HARBOR AGREEMENTS. Section 10 (16 U.S.C. 1539) is further amended by adding at the end thereof the following new subsection: ``(m) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, provided that the Secretary may not permit through such agreements any incidental take below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed upon by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Standards and guidelines.--The Secretary shall issue standards and guidelines for the development and approval of safe harbor agreements in accordance with this subsection. ``(3) Financial assistance.-- ``(A) In general.--In cooperation with the States and subject to the availability of appropriations under section 15(d), the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a safe harbor agreement under this subsection. ``(B) Prohibition on assistance for required activities.--The Secretary may not provide assistance under this paragraph for any action that is required by a permit issued under this Act or that is otherwise required under this Act or other Federal law. ``(C) Other payments.--Grants provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under the Conservation Reserve Program (16 U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program (16 U.S.C. 3836a).''.

Endangered Species Criminal and Civil Penalties Liability Reform Act - Amends the Endangered Species Act of 1973 to define "take" to mean to knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act, or to attempt to engage in such conduct. Prohibits a person from being liable for any criminal or civil penalty for a violation committed while conducting an otherwise lawful activity and not for the purpose of a prohibited taking, unless: (1) the Secretary of the Interior provides the person with notice of the violation; and (2) the person fails to terminate and correct the activity constituting the violation by not later than 30 days after the date of the notice. Requires each conservation plan developed to include provisions under which persons who have entered into, and are in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment or compliance with use, development, or management restrictions on any land, waters, or water related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. Requires such provisions, among other matters, to identify modifications to the plan or additional conservation measures, if any, that the Secretary may require under extraordinary circumstances. Makes it an affirmative defense, in any enforcement action or citizen suit in which it is alleged that a defendant acted or failed to act with respect to a member of an endangered or threatened species, that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered or threatened species. Authorizes the Secretary to: (1) enter into "safe harbor" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement.

Endangered Species Criminal and Civil Penalties Liability Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008''. TITLE I--ELIMINATION OF INEFFECTIVE AGENCIES AND PROGRAMS SEC. 101. ANNUAL LIST OF AFFECTED AGENCIES AND PROGRAMS. Before October 1 of each calendar year, the Director of the Office of Management and Budget shall transmit to Congress a report containing a list comprised of all agencies and programs that received ineffective ratings under the most recent program assessment rating tool pursuant to the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285) or three consecutive annual adequate ratings under that program assessment rating tool and the preceding two program assessment rating tools. SEC. 102. TERMINATION OF CERTAIN AGENCIES AND PROGRAMS. Sixty calendar days after the date upon which the Director of the Office of Management and Budget transmits a report to Congress under section 1, all agencies and programs named on such list shall terminate unless, before the end of such 60-day period, a statute has been enacted into law stating that all such agencies and programs shall not terminate. SEC. 103. TRANSITION PROVISIONS. Whenever any agency or program is terminated under this Act, all orders, grants, contracts, and other determinations or actions of that agency or program that are effective as of the date before the date of such termination, shall be transferred by the Director of the Office of Management and Budget to an appropriate agency and shall continue in effect according to their terms unless changed pursuant to law. SEC. 104. ESTIMATION OF SAVINGS. The Director of the Office of Management and Budget shall annually estimate the dollar amount of savings to the Government from the operation of this title for each calendar year and shall annually report such dollar amount to the Secretary of the Treasury. TITLE II--REBATES TO TAXPAYERS SEC. 201. REBATE OF SAVINGS TO TAXPAYERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. PROGRAM ELIMINATION REBATES. ``(a) In General.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in any calendar year an amount equal to the program elimination rebate amount determined by the Secretary for such calendar year. ``(b) Program Elimination Rebate Amount.--For purposes of this section, the term `program elimination rebate amount' means, with respect to any calendar year, the amount that the Secretary estimates will result in a reduction in revenue to the Government equal to the dollar amount of estimated savings reported to the Secretary by the Director of the Office of Management and Budget under section 104 of the Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 for the preceding calendar year. ``(c) Eligible Taxpayer.--For purposes of this section, ``(1) In general.--The term `eligible taxpayer' means any eligible individual if such taxpayer-- ``(A) has qualifying income of at least $3,000, or ``(B) has-- ``(i) net income tax liability which is greater than zero, and ``(ii) gross income which is greater than the sum of the basic standard deduction plus the exemption amount (twice the exemption amount in the case of a joint return). ``(2) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any nonresident alien individual, ``(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and ``(C) an estate or trust. ``(3) Qualifying income.--The term `qualifying income' means-- ``(A) earned income, ``(B) Social Security benefits (within the meaning of section 86(d)), and ``(C) any compensation or pension received under chapter 11, chapter 13, or chapter 15 of title 38, United States Code. ``(4) Net income tax liability.--The term `net income tax liability' means the excess of-- ``(A) the sum of the taxpayer's regular tax liability (within the meaning of section 26(b)) and the tax imposed by section 55 for the taxable year, over ``(B) the credits allowed by part IV (other than section 24 and subpart C thereof) of subchapter A of chapter 1. ``(d) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section for any taxable year shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (f) with respect to such amount for the preceding taxable year. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for the taxable year preceding any taxable year to which subsection (a) applies shall be treated as having made a payment against the tax imposed by chapter 1 for such preceding taxable year in an amount equal to the program elimination refund amount determined for the taxable year to which subsection (a) applies. ``(2) Timing of payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this subsection as rapidly as possible. No refund or credit shall be made or allowed under this subsection with respect to any taxable year beginning in a calendar year after December 31 of the following calendar year. ``(3) No interest.--No interest shall be allowed on any overpayment attributable to this subsection. ``(g) Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year-- ``(A) such individual's valid identification number, and ``(B) in the case of a joint return, the valid identification number of such individual's spouse, ``(2) Valid identification number.--For purposes of paragraph (1), the term `valid identification number' means a Social Security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.''. (b) Administrative Provisions.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and 6428'' and inserting ``6428 and 6431''. (2) Mathematical or clerical error authority.--Section 6213(g)(2)(L) of such Code is amended by striking ``or 6428'' and inserting ``6428, or 6431''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428'' inserting ``6428, or 6431''. (2) The table of section for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Program elimination rebates.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 - Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress on all agencies and programs that received ineffective ratings or three consecutive annual adequate ratings under the Government Performance and Results Act of 1993; (2) the termination of such agencies and programs unless continued by statute; (3) the transfer of the functions of such terminated agencies and programs to other appropriate agencies; and (4) an annual OMB estimate of the savings under this Act. Amends the Internal Revenue Code to grant tax rebates to individual taxpayers from the amounts saved by the termination of ineffective agencies and programs under this Act.

To provide for the elimination of agencies and programs which receive ineffective ratings or three consecutive adequate ratings under the Government Performance and Results Act of 1993 and to amend the Internal Revenue Code of 1986 to rebate the savings from such eliminations to the taxpayers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Simulation-based education and training in medicine, nursing, allied health, podiatry, osteopathy, dentistry, and emergency response teams can enhance procedural skills and reinforce best practices by allowing students, experienced clinicians, and health care professionals to practice procedures in a realistic setting. (2) The enhanced clinical skill development provided by simulation-based training benefits patients and health care consumers in the form of improved health outcomes, patient safety, and quality; reduced medical errors and deaths; and reduced costs associated with providing patient care. (3) Many educational institutions and health care providers, particularly those in urban and rural settings, have difficulty acquiring medical simulation technology. Financial assistance in the form of Federal grants would significantly enhance the ability of these entities to deploy medical simulation technology and incorporate such technology into training protocols. (4) The creation of medical simulation centers of excellence to provide guidance and leadership to educational institutions and health care entities will facilitate the deployment of medical simulation technologies and the commercialization of cutting-edge medical simulation research. (5) A Federal medical simulation coordinating council would promote better communication and collaboration between the Federal entities with experience or interest in simulation- based education and medical simulation technology deployment. SEC. 3. MEDICAL SIMULATION ENHANCEMENT. Part B of title IX of the Public Health Service Act (42 U.S.C. 299b et seq.) is amended by adding at the end the following: ``SEC. 918. MEDICAL SIMULATION ENHANCEMENT. ``(a) In General.--The Director shall conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. ``(b) Programs.--In carrying out subsection (a), the Director shall establish the following programs: ``(1) Medical simulation centers of excellence.-- ``(A) Establishment.--The Director shall establish medical simulation centers of excellence-- ``(i) to provide leadership and conduct research with respect to enhancing and expanding the utilization of medical simulation technologies and simulation-based skills training for physicians, nurses, allied health professionals, and qualified students; and ``(ii) to improve the efficiency and effectiveness of medical simulation research and programs. ``(B) Purpose.--Each medical simulation center of excellence established under subsection (a) shall-- ``(i) provide leadership in a specific area of medical simulation technology or knowledge; ``(ii) enhance and expand the knowledge base within the specific area of medical simulation technology or knowledge in line with the program requirements and the long-term interests of the medical simulation community; and ``(iii) serve as a resource center to interested health professional schools and individuals who want to learn about medical simulation. ``(2) Medical simulation innovation.--The Director shall promote innovation in medical simulation technologies and encourage development and deployment of challenging and complex medical simulation technologies and applications by-- ``(A) conducting and supporting research on the development and deployment of complex or challenging medical simulation and interdisciplinary simulation technologies; ``(B) identifying, in consultation with the Telemedicine and Advanced Technology Research Center, particularly challenging or complex medical simulation technologies and applications; and ``(C) developing, in consultation with the National Library of Medicine, an electronic clearinghouse of medical simulation technologies currently available and those being developed. ``(3) Medical simulation technology acquisition.-- ``(A) Grants.--The Director shall award grants to eligible entities for the purchase of medical simulation technologies for use in the training of physicians, nurses, allied health professionals, and qualified students. ``(B) Definition.--In this paragraph, the term `eligible entity' means a hospital, an academic medical center, or a school of allied health, dentistry, medicine, nursing, osteopathic medicine, or podiatric medicine. ``(4) Medical and interdisciplinary simulation curricula.-- ``(A) Grants.--The Director shall award grants to eligible entities to incorporate medical simulation and interdisciplinary simulation technologies into curricula and training of physicians, nurses, and allied health professionals. ``(B) Definition.--In this subsection, the term `eligible entity' means an academic medical center or a school of medicine, osteopathy, podiatry, dentistry, nursing, or allied health. ``(5) Grants to professional organizations.-- ``(A) Grants.--The Director shall award grants to eligible entities to deploy medical simulation technologies for the purpose of providing training to health care providers. ``(B) Definition.--In this paragraph, the term `eligible entity' means an academic medical center, a professional organization that provides accreditation or quality assurance to health care professionals, a health profession licensing board, or an agency studying utilization of simulation-based methods in credentialing and accreditation in health care. ``(6) Federal medical simulation coordinating council.-- ``(A) Establishment.--There is established within the Department of Health and Human Services the Federal Medical Simulation Coordinating Council (in this paragraph referred to as the `Coordinating Council'). ``(B) Purpose.--The Coordinating Council shall coordinate the Federal Government's activities regarding the research on and development, deployment, and utilization of medical simulation technologies. ``(C) Voting members.--The voting members of the Coordinating Council shall consist of representatives of Federal agencies with responsibility for improving health care delivery to patients, as follows: ``(i) A majority of the voting members of the Coordinating Council shall be representatives of the Department of Health and Human Services. Such majority shall consist of the Director and such individuals as may be appointed by the Secretary of Health and Human Services. At a minimum, the Secretary shall appoint representatives of-- ``(I) the Agency for Healthcare Research and Quality; ``(II) the National Institutes of Health; ``(III) the Health Resources and Services Administration; ``(IV) the Centers for Medicare & Medicaid Services; and ``(V) the Food and Drug Administration. ``(ii) The remainder of the voting members of the Coordinating Council shall consist of-- ``(I) representatives of the Department of Defense, appointed by the Secretary of Defense; and ``(II) representatives of the Department of Veterans Affairs, appointed by the Secretary of Veterans Affairs. ``(D) Liaisons.--In addition to the voting members appointed pursuant to subparagraph (C), the membership of the Coordinating Council shall include 2 representatives of the advisory panel established under subsection (c) who-- ``(i) shall be selected by the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs acting jointly; ``(ii) shall be nonvoting members; and ``(iii) shall serve as liaisons between the advisory panel and the Coordinating Council. ``(E) Leadership.--The Director shall serve as the Chair of the Coordinating Council and shall be responsible for the leadership and oversight of the activities of the Coordinating Council. ``(F) Consultation.--In carrying out the purpose described in subparagraph (B), the Coordinating Council shall consult with outside organizations on ways to improve medical simulation policy and access. ``(G) Meetings.-- ``(i) In general.--The Coordinating Council shall meet regularly and no less than 2 times each year. ``(ii) Notice.--Notice of any upcoming meeting of the Coordinating Council shall be published in the Federal Register. ``(iii) Public access.--Any meeting of the Coordinating Council shall be open to the public. ``(c) Advisory Panel.--The Director shall establish an advisory panel to make recommendations on how to structure the programs under subsection (b). The members of such advisory panel shall consist of a total of at least 10 representatives of the medical simulation community, including representatives of-- ``(1) academic medical centers or schools of medicine, osteopathy, podiatry, dentistry, nursing, or allied health; ``(2) health care professionals who are actively involved in medical simulation centers; and ``(3) at least 2 multidisciplinary associations which are recognized as having a primary focus on medical simulation. ``(d) Definitions.-- ``(1) Medical simulation.--The term `medical simulation' means the use of a device, such as a mannequin, a task trainer, virtual reality, or a standardized patient, to emulate a real device, patient, or patient care situation or environment to teach therapeutic and diagnostic procedures, processes, medical concepts, and decisionmaking to a health care professional. ``(2) Qualified student.--The term `qualified student' means a student enrolled full-time or part-time in-- ``(A) a school of allied health, a school of dentistry, a school of medicine, a school of osteopathic medicine, or a school of podiatric medicine (as such terms are defined in section 799B); or ``(B) a school of nursing (as such term is defined in section 801). ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated-- ``(1) $50,000,000 for fiscal year 2008; and ``(2) such sums as may be necessary for fiscal years 2009 through 2012.''.

Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. Requires the Director to: (1) establish medical simulation centers of excellence; (2) promote innovation by conducting and supporting research on complex or challenging medical simulation and interdisciplinary simulation technologies and developing an electronic clearinghouse of such technologies; and (3) award grants for purchasing, incorporating, and deploying such technologies for training of physicians, nurses, allied health professionals, and qualified students. Establishes within the Department of Health and Human Services (HHS) the Federal Medical Simulation Coordinating Council. Requires the Director to establish an advisory panel to make recommendations on how to structure programs established by this Act.

To amend the Public Health Service Act to authorize medical simulation enhancement programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the IMPACT Act of 2014 (Public Law 113-185), Congress recognized the potential effects of socioeconomic status and dual eligible populations on the Medicare Advantage STARS rating system by requesting the Assistant Secretary of Planning and Evaluation in the Department of Health and Human Services undertake studies on this population and the Medicare program. (2) Studies published in the past year have shown the need for an interim policy until the comprehensive results of the studies undertaken as part of the IMPACT Act of 2014 are published. An adjustment for 2016 is necessary while Congress continues to work to achieve an appropriate policy for a temporary bridge until the results from the studies undertaken by the Assistant Secretary of Planning and Evaluation in the Department of Health and Human Services under such Act are finalized. SEC. 3. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR CERTAIN MEDICARE ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY RATINGS. Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end the following new paragraph: ``(3) Delay in contract termination authority for certain plans failing to achieve minimum quality rating.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may not terminate a contract under this section with respect to the offering of an MA plan by a Medicare Advantage organization solely because the MA plan has failed to achieve a minimum quality rating under the 5-star rating system established under section 1853(o) during the period beginning on the date of the enactment of this paragraph and through the end of plan year 2018. ``(B) Application only to plans receiving a quality rating of at least 2 stars.--Subparagraph (A) shall only apply with respect to a contract with respect to the offering of an MA plan that has a quality rating under section 1853(o)(4) of at least 2 stars for the most recent plan year.''. SEC. 4. DEMONSTRATION PROJECT TO DIRECT QUALITY IMPROVEMENT PROGRAMS TO ADDRESS SOCIOECONOMIC STATUS DISPARITIES IN MEDICARE ADVANTAGE PLANS. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a demonstration project under this section to provide funds to MA organizations offering one or more qualified MA plans for use in developing or expanding programs or services with respect to such plans that seek to improve health care delivery and outcomes of care for enrollees with low socioeconomic status. (2) Duration.--The demonstration project under this section shall be conducted for a period of 1 year beginning in plan year 2016. (b) Definitions.--In this section: (1) MA organization; ma plan.--The terms ``MA organization'' and ``MA plan'' have the meaning given such terms in subsections (a)(1) and (b)(1), respectively, of section 1859 of the Social Security Act (42 U.S.C. 1395w-28). (2) Qualified ma plan.-- (A) The term ``qualified MA plan'' means an MA plan described in subparagraph (B) or (C). (B) An MA plan is described in this subparagraph if the MA plan meets each of the following criteria: (i) The plan has a quality rating under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-23(o)(4)) of at least 3.25 stars but not more than 4 stars for the most recent plan year. (ii) Not less than 45 percent of enrollees in the plan are one or both of the following: (I) Eligible for a low income subsidy under section 1860D-14 of such Act (42 U.S.C. 1395w-114). (II) Dually eligible for benefits under the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.). (C) An MA plan is described in this subparagraph if the MA plan meets each of the following criteria: (i) The plan has a quality rating under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-23(o)(4)) of at least 3.0 stars but not more than 4 stars for the most recent plan year. (ii) Not less than 60 percent of enrollees in the plan are one or both of the following: (I) Eligible for a low income subsidy under section 1860D-14 of such Act (42 U.S.C. 1395w-114). (II) Dually eligible for benefits under the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.). (c) Use of Funds.-- (1) In general.--Subject to paragraph (2), funds received under the demonstration project by an MA organization with respect to a qualified MA plan shall be used under the Quality Improvement Program of the organization under section 1852(e) of the Social Security Act (42 U.S.C. 1395w-22(e)) to target improvement by the qualified MA plan with respect to two or more triple-weighted measures under the 5-star rating system under section 1853(o)(4) of such Act (42 U.S.C. 1395w- 23(o)(4)). (2) Focus on outcome measure.-- (A) In general.--Except as provided in subparagraph (B), at least one of the measures targeted under paragraph (1) shall be an outcome measure. (B) Exception.--An MA organization may apply to the Secretary for an exception to subparagraph (A) in order to focus on only process measures under this subsection. (d) Inclusion in Annual Quality Improvement Program Report.--An MA organization receiving funds under the demonstration project shall include, as part of the annual report to the Secretary on the Quality Improvement Program of the organization under such section 1852(e) for each year of the demonstration project, with respect to each qualified MA plan offered by the organization, the results of the targeting of plan improvement on measures under subsection (c) during the preceding year. (e) Funding.-- (1) In general.--For purposes of carrying out the demonstration project under this section, subject to paragraph (2), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportion as the Secretary determines appropriate, of an amount equal to the amount the Secretary determines is equal to the estimated total savings to the Medicare program as a result of the implementation of the amendment made by section 2 to the Centers for Medicare & Medicaid Services Program Management Account. (2) Administration.--The Secretary may retain up to 10 percent of the funds transferred under paragraph (1) to administer the demonstration project under this section and the remainder of such funds shall be distributed in accordance with this section to MA organizations offering qualified MA plans based on the enrollment in such plans of individuals described in each of subclauses (I) and (II) of subsections (b)(2)(B)(ii) and (b)(2)(C)(ii). (3) Availability.--Amounts transferred under paragraph (1) shall remain available until expended.

Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) temporarily prohibit the Centers for Medicare & Medicaid from terminating a Medicare Advantage (MA) plan contract solely because the MA plan fails to achieve a certain minimum quality rating, provided that the MA plan achieves a quality rating of at least two out of five stars; and (2) establish a demonstration project to provide funds to MA organizations for the development or expansion of programs or services to improve health care delivery and outcomes for enrollees of low socioeconomic status. To qualify for demonstration project funding, an MA plan must meet specified requirements with respect to quality ratings and the percentage of plan enrollees either eligible for a low-income subsidy or dually eligible for Medicare and Medicaid. MA organizations receiving funds under the demonstration project must use those funds to target improvement by the MA plan with respect to certain quality rating measures.

Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Empowerment Act''. SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter X--Educational Empowerment Zones ``Sec. 1400E. Designation of educational empowerment zones. ``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES. ``(a) Designation.-- ``(1) Educational empowerment zone.--For purposes of this title, the term `educational empowerment zone' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as an educational empowerment zone (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Health and Human Services and the Secretary of Education (hereinafter in this section referred to as the `Secretaries concerned') jointly designate as an educational empowerment zone. ``(2) Number of designations.--The Secretaries concerned may designate not more than 30 nominated areas as educational empowerment zones. ``(3) Areas designated based on degree of poverty, etc.-- Except as otherwise provided in this section, the nominated areas designated as educational empowerment zones under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretaries concerned shall prescribe by regulation no later than 4 months after the date of the enactment of this section-- ``(i) the procedures for nominating an area under paragraph (1)(A), ``(ii) the parameters relating to the size and population characteristics of an educational empowerment zone, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Time limitations.--The Secretaries concerned may designate nominated areas as educational empowerment zones only during the 24-month period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed. ``(C) Procedural rules.--The Secretaries concerned shall not make any designation of a nominated area as an educational empowerment zone under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretaries concerned shall by regulation prescribe, and ``(ii) the Secretaries concerned determine that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation Is in Effect.--Any designation of an area as an educational empowerment zone shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(1) December 31, 2005, ``(2) the termination date designated by the State and local governments in their nomination, or ``(3) the date the Secretaries concerned revoke such designation. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as an educational empowerment zone under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, and ``(C) the area does not include an empowerment zone (as defined in section 1393(b)) other than such a zone designated under section 1391(g). ``(3) Eligibility requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify that the nominated area satisfies such conditions as the Secretary of Education deems appropriate. ``(4) Consideration of dropout rate, etc.--The Secretary of Education, in setting forth the conditions for eligibility pursuant to paragraph (3), shall take into account the extent to which an area has low-income families, a high dropout rate, a high rate of teen pregnancy, and large school class sizes. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as an educational empowerment zone, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (2), (3), (5), and (7) of section 1393 shall apply.''. (b) Clerical Amendment.--The table of subchapters for chapter 1 is amended by adding at the end the following new item: ``Subchapter X. Educational Empowerment Zones.'' SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL EMPOWERMENT ZONES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified educational empowerment zone contributions made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed by subsection (a)-- ``(1) in the case of an individual, shall not exceed $2,000, and ``(2) in the case of any other taxpayer, shall not exceed $10,000. ``(c) Definition of Qualified Educational Empowerment Zone Contributions.--For purposes of this section, the term `qualified educational empowerment zone contributions' means cash contributions made to any school district located in an educational empowerment zone (as designated under section 1400E) if such contributions-- ``(1) but for subsection (d), would be allowable as a deduction under section 170, and ``(2) are used for any of the following purposes by the school district: ``(A) Hiring new teachers. ``(B) Increasing teacher salaries. ``(C) Training teachers. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution taken into account in computing the credit under this section. ``(e) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(f) Application With Other Credits; Carryover of Excess Credit.-- The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. If the credit under subsection (a) exceeds the limitation of the preceding sentence, such excess shall be added to the credit allowable under subsection (a) for the succeeding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to school districts in educational empowerment zones.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS. ``(a) Purpose.--It is the purpose of this section to encourage more individuals to enter and stay in the field of teaching mathematics, science, and related fields. ``(b) Program.-- ``(1) In general.--The Secretary shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under part D) for any new borrower after October 1, 1998, who-- ``(A) has been employed as a full-time teacher for 3 consecutive complete school years in a school that is located in an educational empowerment zone, as such term is defined in section 1400E of the Internal Revenue Code of 1986; ``(B) is a fully qualified teacher; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(c) Loan Repayment.-- ``(1) Eligible amount.--The amount the Secretary may repay on behalf of any individual under this section shall not exceed-- ``(A) 80 percent of the sum of the principal amounts outstanding of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (b)(1)(A); ``(B) an additional 10 percent of such sum at the end of each of the next 2 consecutive complete school years of such service; and ``(C) a total of more than $10,000. ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Double benefits prohibited.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. ``(3) Fully qualified teachers.--An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant-- ``(A) if teaching in a public elementary or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and ``(B) if teaching in-- ``(i) an elementary school, holds a bachelor's degree and demonstrates knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- ``(I) a high level of performance on a rigorous State or local academic subject areas test; or ``(II) completion of an academic major in each of the subject areas in which he or she provides instruction. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the program assisted under this section. ``(2) Competitive basis.--The grant or contract described in subsection (b) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the program assisted under this section to pursue teaching careers; ``(B) determine the number of individuals who remain employed in teaching mathematics, science, or related fields as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program; and ``(E) identify the number of years each individual participates in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2004.''.

Establishes a teacher loan forgiveness program for mathematics and science teachers.

Educational Empowerment Act

SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES AND RENEWAL COMMUNITY BUSINESSES. (a) Empowerment Zones.--Part III of subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to additional incentives for empowerment zones) is amended-- (1) by redesignating subpart D as subpart E, (2) by redesignating sections 1397C, 1397D, 1397E, and 1397F as sections 1397D, 1397E, 1397F, and 1397G, respectively, and (3) by inserting after subpart C the following new subpart: ``Subpart D--Incentives for Clean-Fuel Vehicles ``Sec. 1397C. Incentives for clean-fuel vehicles. ``SEC. 1397C. INCENTIVES FOR CLEAN-FUEL VEHICLES. ``(a) Zone Clean Fuels Credit.--For purposes of section 38, in the case of an eligible enterprise zone business, the amount of the zone clean fuels credit determined under this section for the taxable year is the sum of-- ``(1) the zone clean-fuel property credit, and ``(2) the zone clean-burning fuel use credit. ``(b) Zone Clean-Fuel Property Credit.-- ``(1) In general.--The zone clean-fuel property credit is the cost of-- ``(A) qualified clean-fuel vehicle property, plus ``(B) qualified clean-fuel vehicle refueling property. The credit under this section with respect to any property shall be allowed for the taxable year in which such property is placed in service by the eligible enterprise zone business. ``(2) Limitations.-- ``(A) Qualified clean-fuel vehicle property.--The cost which may be taken into account under paragraph (1)(A) with respect to any motor vehicle shall not exceed-- ``(i) $2,000 in the case of a motor vehicle not described in clause (ii) or (iii), ``(ii) $5,000 in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, or ``(iii) $50,000 in the case of-- ``(I) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(II) any bus which has a seating capacity of at least 20 adults (not including the driver). ``(B) Qualified clean-fuel vehicle refueling property.-- ``(i) In general.--The aggregate cost which may be taken into account under paragraph (1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible enterprise zone business during the taxable year at a location shall not exceed the lesser of-- ``(I) $100,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Zone Clean-Burning Fuel Use Credit.--The zone clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible enterprise zone business during the taxable year to propel qualified clean-fuel vehicle property. ``(d) Definitions.--For purposes of this section-- ``(1) Eligible enterprise zone business.--The term `eligible enterprise zone business' means-- ``(A) an enterprise zone business (as defined in section 1397D) located within an area that is an empowerment zone or enterprise community and that is within a nonattainment area (within the meaning of section 171 of the Clean Air Act (42 U.S.C. 7501)), and ``(B) a trade or business located outside of an empowerment zone or enterprise community, but only with respect to qualified clean-fuel vehicle property used substantially within an area that is an empowerment zone or enterprise community and that is within a nonattainment area (within the meaning of section 171 of the Clean Air Act (42 U.S.C. 7501)). For purposes of this paragraph, section 1397D shall be applied by substituting `empowerment zone or enterprise community' for `empowerment zone' each place it appears. ``(2) Clean-burning fuel.--The term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas. ``(3) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' has the meaning given to such term by section 179A(c) without regard to paragraph (3) thereof, except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean- burning fuel. ``(4) Qualified clean-fuel vehicle refueling property.--The term `qualified clean-fuel vehicle refueling property' has the meaning given to such term by section 179A(d). ``(5) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.''. (b) Renewal Communities.--Part III of subchapter X of chapter 1 of the Internal Revenue Code of 1986 (relating to additional incentives for renewal communities) is amended by adding at the end the following new section: ``SEC. 1400K. RENEWAL COMMUNITY CLEAN FUELS CREDIT. ``(a) In General.--For purposes of section 1397C-- ``(1) a renewal community shall be treated as an empowerment zone, ``(2) a renewal community business shall be treated as an enterprise zone business, and ``(3) qualified renewal property shall be treated as qualified zone property.''. (c) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(13) the zone clean fuels credit determined under section 1397C.''. (d) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 1397C.''. (e) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for zone clean fuels credit.-- ``(A) In general.--In the case of the zone clean fuels credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the zone clean fuels credit). ``(B) Zone clean fuels credit.--For purposes of this subsection, the term `zone clean fuels credit' means the credit allowable under subsection (a) by reason of section 1397B.''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the zone clean fuels credit'' after ``employment credit''. (f) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(9) No carryback of zone clean fuels credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 1397C may be carried back to any taxable year ending before the date of the enactment of section 1397C.''. (g) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding after paragraph (8) the following new paragraph: ``(9) the empowerment zone clean fuels credit determined under section 1397C.''. (h) Conforming Amendments.-- (1) Paragraph (2) of section 1394(b) of such Code is amended-- (A) by striking ``section 1397D'' and inserting ``section 1397E'', and (B) by striking ``section 1397D(a)(2)'' and inserting ``section 1397E(a)(2)''. (2) Paragraph (3) of section 1394(b) of such Code is amended-- (A) by striking ``section 1397C'' each place it appears and inserting ``section 1397D'', and (B) by striking ``section 1397C(d)'' and inserting ``section 1397D(d)''. (3) Paragraph (3) of section 1394(f) of such Code is amended by striking ``sections 1397C and 1397D'' both places it appears and inserting ``sections 1397D and 1397E''. (4) Section 1397B(b)(1)(A)(ii) of such Code is amended by striking ``section 1397C'' and inserting ``section 1397D''. (5) Sections 1400(e), 1400B(c), and 1400G of such Code are each amended by striking ``section 1397C'' each place it appears and inserting ``section 1397D''. (6) Section 1400J(b) of such Code is amended by striking ``section 1397D'' each place it appears and inserting ``section 1397E''. (7) Section 45D(d) of such Code is amended-- (A) in paragraph (2)(A)(v) by striking ``section 1397C(e)'' and inserting ``section 1397D(e)'', and (B) in paragraph (3) by striking ``section 1397C(d)'' and inserting ``section 1397D(d)''. (8) Section 1202(a)(2) of such Code is amended by striking ``section 1397C(b)'' and inserting ``section 1397D(b)''. (9) The table of subparts for part III of subchapter U of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Subpart D. Incentives for Clean-Fuel Vehicles. ``Subpart E. General provisions.''. (10) The table of sections for subpart E of such part III is amended to read as follows: ``Sec. 1397E. Enterprise zone business defined. ``Sec. 1397E. Qualified zone property defined.''. (11) The table of sections for part III of subchapter X of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1400K. Renewal community clean fuels credit.''. (i) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000.

Amends the Internal Revenue Code to establish credits for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities.

To amend the Internal Revenue Code of 1986 to provide additional incentives for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Expansion and Job Creation Act of 2010''. SEC. 2. EXTENSION OF INCREASE IN LIMITATION ON EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) Extension of Increased Limitations.--Paragraph (7) of section 179(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 2009'' and inserting ``2009, or 2010'', and (2) by striking ``and 2009'' in the heading and inserting ``2009, and 2010''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010. (a) Extension of Special Allowance.-- (1) In general.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2011'' and inserting ``January 1, 2012'', and (B) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''. (2) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``2010'' and inserting ``2011''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2010'' and inserting ``pre-january 1, 2011''. (C) Subparagraph (B) of section 168(l)(5) of such Code is amended by striking ``January 1, 2009'' and inserting ``January 1, 2010''. (D) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2009'' and inserting ``January 1, 2010''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2009'' and inserting ``January 1, 2010''. (b) Extension of Election To Accelerate the AMT and Research Credits in Lieu of Bonus Depreciation.--Paragraph (4) of section 168(k) of such Code (relating to election to accelerate the AMT and research credits in lieu of bonus depreciation) is amended-- (1) by striking ``January, 1, 2010'' and inserting ``January 1, 2011'' in subparagraph (D)(iii), and (2) by adding at the end the following new subparagraph: ``(I) Special rules for 2010 extension property.-- ``(i) Taxpayers previously electing acceleration.--In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, or under subparagraph (H) for its first taxable year ending after December 31, 2008-- ``(I) the taxpayer may elect not to have this paragraph apply to 2010 extension property, but ``(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer a separate bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is 2010 extension property. ``(ii) Taxpayers not previously electing acceleration.--In the case of a taxpayer who did not make the election under subparagraph (A) for its first taxable year ending after March 31, 2008, or under subparagraph (H) for its first taxable year ending after December 31, 2008-- ``(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after December 31, 2009, and each subsequent taxable year, and ``(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is 2010 extension property. ``(iii) 2010 extension property.--For purposes of this subparagraph, the term `2010 extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 2(a) of the Small Business Expansion and Job Creation Act of 2010 (and the application of such extension to this paragraph pursuant to the amendment made by section 2(b)(1) of such Act).''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009, in taxable years ending after such date.

Small Business Expansion and Job Creation Act of 2010 - Amends the Internal Revenue Code to extend through 2010: (1) the increased ($250,000) expensing allowance for depreciable business assets; (2) the additional 50% depreciation allowance for certain types of investment property acquired in 2010; and (3) the election to accelerate the tax credits for the alternative minimum tax and research expenditures in lieu of bonus depreciation.

To amend the Internal Revenue Code of 1986 to provide a 1-year extension of the increased expensing of certain depreciable business assets and the special depreciation allowance for certain business property.

SECTION 1. DEFINITIONS. In this Act: (1) Route 66.--The term ``Route 66'' means-- (A) portions of the highway formerly designated as United States Route 66 that remain in existence as of the date of enactment of this Act; and (B) public and private land in the vicinity of the highway. (2) Preservation office.--The term ``Preservation Office'' means the Office for the Preservation of America's Main Street established by the Secretary under section 3. (3) Preservation of route 66.--The term ``preservation of Route 66'' means the preservation or restoration of portions of the highway, businesses and sites of interest or potentially of interest to the public along the highway, or other resources of the highway. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (5) State.--The term ``State'' means a State in which a portion of Route 66 is located. SEC. 2. DESIGNATION. Route 66 is designated as ``America's Main Street''. SEC. 3. MANAGEMENT. (a) Establishment of Office.--The Secretary shall establish an office, to be known as the ``Office for the Preservation of America's Main Street''. (b) Designation of Officials.--The Secretary shall designate officials of the National Park Service stationed at locations convenient to the States and interested persons in the States, to perform the functions of the Preservation Office under this Act. (c) General Functions.--The Preservation Office shall-- (1) support efforts of State and local public and private persons and entities in the States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist the States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the functions of the Preservation Office after the Preservation Office is terminated. (d) Authorities.--In carrying out this Act, the Preservation Office may-- (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. (e) Road Signs.--The Preservation Office shall sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations. (f) Preservation Assistance.-- (1) In general.--The Preservation Office shall provide assistance in the preservation of Route 66 in a manner that is compatible with the idiosyncratic nature of the highway. (2) Planning.--The Preservation Office shall not prepare or require preparation of an overall management plan for Route 66, but shall cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66. SEC. 4. RESOURCE TREATMENT. (a) Technical Assistance Program.-- (1) In general.--The Preservation Office shall develop a program of technical assistance in the preservation of Route 66. (2) Guidelines for preservation needs.-- (A) In general.--As part of the program under paragraph (1), the Preservation Office shall establish guidelines for setting priorities for preservation needs. (B) Basis.--The guidelines under subparagraph (A) may be based on national register standards, modified as appropriate to meet the needs of Route 66 so as to allow for the preservation of the spirit of Route 66 by including more modern resources that are integral to the evolution of the Route 66 experience. (b) Program for Coordination of Activities.-- (1) In general.--The Preservation Office shall coordinate a program of historic research, curation, preservation strategies, and the collection of oral and video histories of Route 66. (2) Design.--The program under paragraph (1) shall be designed for continuing use and implementation by other organizations after the Preservation Office is terminated. (c) Cost-share Grants.--Cost-share grants for preservation of Route 66 shall be available for resources that meet the guidelines under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 6. TERMINATION. The Preservation Office shall terminate on the date that is 10 years after the date of enactment of this Act.

Designates portions of the highway formerly designated as U.S. Route 66 that remain in existence as "America's Main Street." Directs the Secretary of the Interior to: (1) establish the Office for the Preservation of America's Main Street; and (2) designate National Park Service officials stationed at locations convenient to the States in which a portion of Route 66 is located and interested persons in such States to perform Office functions. Requires the Office to: (1) support efforts of State and local public and private persons and entities in such States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist such States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the Office's functions after it is terminated. Authorizes the Office to: (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. Requires the Office: (1) to sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations; (2) to provide assistance in the preservation of Route 66 that is compatible with the idiosyncratic nature of the highway; (3) not to prepare an overall management plan for Route 66, but to cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66; (4) to develop a technical assistance program in the preservation of Route 66, including guidelines for setting priorities for preservation needs; and (5) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of Route 66 designed for continuing use and implementation by other organizations after the Office is terminated. Makes available cost-share grants for the preservation of Route 66 for resources that meet the guidelines under the program. Authorizes appropriations. Terminates the Office ten years after the date of enactment of this Act.

To designate former United States Route 66 as "America's Main Street" and authorize the Secretary of the Interior to provide assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Insurance Regulation Act of 1995''. SEC. 2. AUTHORITY OF THE COMPTROLLER OF THE CURRENCY. (a) State Supervision.--Chapter 1 of Title LXII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.) is amended-- (1) by redesignating section 5136A as section 5136B; and (2) by inserting after section 5136 (12 U.S.C. 24) the following new section: ``SEC. 5136A. STATE SUPERVISION OF INSURANCE. ``(a) State Licensing of Insurance Activities.-- ``(1) In general.--Subject to paragraph (2), no provision of section 5136, any other section of this title, or section 13 of the Federal Reserve Act may be construed as limiting or otherwise impairing the authority of any State to regulate-- ``(A) the extent to which, and the manner in which, a national bank may engage within the State in insurance activities pursuant to section 13 of the Federal Reserve Act; ``(B) the manner in which a national bank may engage within the State in insurance activities pursuant to section 5136(b)(2)(B) of the Revised Statutes of the United States; or ``(C) the manner in which a national bank may engage within the State in insurance activities pursuant to section 5136(b)(2)(A) of the Revised Statutes of the United States through, and limited to, consumer disclosure requirements or licensing requirements, procedures, and qualifications as described in paragraph (2)(C). ``(2) Prohibition on state discrimination against national banks.--Notwithstanding paragraph (1)-- ``(A) Providing insurance as agent or broker.--No State may impose any insurance regulatory requirement relating to providing insurance as an agent or broker that treats a national bank differently than all other persons who are authorized to provide insurance as agents or brokers in such State, unless there is a legitimate and reasonable State regulatory purpose for the requirement for which there is no less restrictive alternative. ``(B) Providing insurance as principal, agent, or broker.-- ``(i) No State may impose on a national bank any insurance regulatory requirement relating to providing insurance as principal, agent, or broker that treats the national bank more restrictively than any other depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act) operating in the State. ``(ii) Nothing in this subparagraph shall affect the validity of a State law that-- ``(I) prevents a national bank from engaging in insurance activities within the State to as great an extent as a savings association (as defined in section 3(b)(1) of the Federal Deposit Insurance Act) may engage in such activities within the State; and ``(II) was in effect on June 1, 1995. ``(C) Licensing qualifications and procedures.--No State may discriminate against a national bank with respect to the following requirements, procedures, and qualifications as such requirements, procedures, and qualifications relate to the authority of the national bank to provide insurance in such State as an agent or broker: ``(i) License application and processing procedures. ``(ii) Character, experience, and educational qualifications for licenses. ``(iii) Testing and examination requirements for licenses. ``(iv) Fee requirements for licenses. ``(v) Continuing education requirements. ``(vi) Types of licenses required. ``(vii) Standards and requirements for renewal of licenses. ``(b) Authority of the Comptroller of the Currency.--A national bank may not provide insurance as a principal, agent, or broker except as specifically provided in this section, the paragraph designated as the `Seventh' of section 5136(a) of this chapter, or section 5136(b) of this chapter, or section 13 of the Federal Reserve Act. ``(c) Preservation of Federally Authorized Bank Activities in Permissive States.--No provision of this section may be construed as affecting the authority, pursuant to section 13 of the Federal Reserve Act, of a national bank to act as insurance agent or broker consistent with State law. ``(d) Preservation of National Bank Authority Consistent With State Bank Authority.--Except as provided in subsection (a)(2)(B), no provision of this section or section 5136(b)(1) shall have the effect of enabling a State to deny a national bank authority that the bank otherwise possesses to provide a product in a State, including as agent, broker, or principal, where the bank is not providing the product in the State other than to an extent and in a manner that a State bank (as defined in section 3(a)(2) of the Federal Deposit Insurance Act) is permitted by the law of the State to provide such product, except that nothing in this subsection shall be construed as granting any new authority to a national bank to provide any product because the law of the State has authorized State banks to provide such product. ``(e) Definitions.--For purposes of this section, section 5136, and section 13 of the Federal Reserve Act, the following definitions shall apply: ``(1) Insurance.--The term `insurance' means any product defined or regulated as insurance, consistent with the relevant State insurance law, by the insurance regulatory authority of the State in which such product is sold, solicited, or underwritten, including any annuity contract the income on which is tax deferred under section 72 of the Internal Revenue Code of 1986. ``(2) State.--The term `State' has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. ``(f) Grandfather Provision.-- ``(1) In general.--Any national bank which, before January 1, 1995, was providing insurance as agent or broker under section 13 of the Federal Reserve Act may provide insurance as an agent or broker under such section, to no less extent and in a no more restrictive manner as such bank was providing insurance as agent or broker under such section on January 1, 1995, notwithstanding contrary State law, subject to final, controlling judgment in a pending action. ``(2) Termination.--This subsection shall cease to apply with respect to any national bank described in paragraph (1) if-- ``(A) the bank is subject to an acquisition, merger, consolidation, or change in control, other than a transaction to which section 18(c)(12) of the Federal Deposit Insurance Act applies; or ``(B) any bank holding company which directly or indirectly controls such bank is subject to an acquisition, merger, consolidation, or change in control, other than a transaction in which the beneficial ownership of such bank holding company or of a bank holding company which controls such company does not change as a result of the transaction.''. (b) Interpretive Authority of the Comptroller of the Currency.-- Section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended-- (1) by striking ``Upon duly making and filing articles of association'' and inserting ``(a) In General.--Upon duly making and filing articles of association''; and (2) by adding at the end the following new subsection: ``(b) Interpretive Authority of the Comptroller of the Currency.-- ``(1) In general.--Subject to paragraph (2), it shall not be incidental to banking for a national bank to provide insurance as a principal, agent, or broker. ``(2) Scope of application.--Notwithstanding paragraph (1), it shall be incidental to banking for a national bank to engage in the following activities: ``(A) Providing, as an agent or broker, any annuity contract the income on which is tax deferred under section 72 of the Internal Revenue Code of 1986. ``(B) Providing, as a principal, agent, or broker, any type of insurance, other than an annuity or title insurance, which the Comptroller of the Currency specifically determined, before May 1, 1995, to be incidental to banking with respect to national banks.''. (c) Technical and Conforming Amendments.-- (1) The 11th undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 92) is amended by inserting ``, and subject to section 5136A of the Revised Statutes of the United States,'' after ``the laws of the United States''. (2) The paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended by striking ``subject to law,'' and inserting ``subject to subsection (b), section 5136A, and any other provision of law,''. (3) Section 1306 of title 18, United States Code, is amended by striking ``5136A'' and inserting ``5136B''. (d) Clerical Amendment.--The table of sections for chapter 1 of title LXII of the Revised Statutes of the United States is amended-- (1) by redesignating the item relating to section 5136A as section 5136B; and (2) by inserting after the item relating to section 5136 the following new item: ``5136A. State supervision of insurance.''. (e) Preservation of Bank Holding Company Insurance Authority.--No provision of this section, and no amendment made by this section to any other provision of law, may be construed as affecting the authority of a bank holding company to engage in insurance agency activity pursuant to section 4(c) of the Bank Holding Company Act of 1956.

Bank Insurance Regulation Act of 1995 - Amends Federal banking law (Revised Statutes) to declare that Federal banking statutes may not be construed as limiting or impairing the authority of any State to regulate the manner in which a national bank may engage in insurance activities pursuant to Federal statute within the State. Proscribes State discrimination against national banks: (1) in their functions of providing insurance as principal, agent or broker; or (2) with respect to licensing qualifications and procedures. Confines the provision of insurance by a national bank acting as principal, agent or broker, to specified Federal statutory parameters. States that Federal banking law may not be construed as affecting the authority of a national bank to act as insurance agent or broker consistent with State law. States that Federal banking law does not enable a State to deny to a national bank the authority to provide a product that a State bank is permitted to provide. Declares that it is not incidental to banking for a national bank to provide insurance as a principal, agent, or broker (thus removing most insurance activities from the supervision of the Comptroller of the Currency). Declares to be incidental to banking (thus subject to the Comptroller's supervision): (1) bank provision, as agent or broker, of any annuity contract whose interest is tax deductible; and (2) bank provision, as a principal, agent, or broker, of any type of insurance (other than annuity or title insurance) specifically determined by the Comptroller, before May 1995, to be incidental to banking with respect to national banks. Preserves the authority of a bank holding company to engage in insurance agency activities.

Bank Insurance Regulation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouses Residency Relief Act''. SEC. 2. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR VOTING PURPOSES. (a) In General.--Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended-- (1) by striking ``For'' and inserting the following: ``(a) In General.--For''; (2) by adding at the end the following new subsection: ``(b) Spouses.--For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''; and (3) in the section heading, by inserting ``and spouses of military personnel'' before the period at the end. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by striking the item relating to section 705 and inserting the following new item: ``Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.''. (c) Application.--Subsection (b) of section 705 of such Act (50 U.S.C. App. 595), as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act, regardless of the date of the military or naval order concerned. SEC. 3. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF MILITARY PERSONNEL. (a) In General.--Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571) is amended-- (1) in subsection (a)-- (A) by striking ``A servicemember'' and inserting the following: ``(1) In general.--A servicemember''; and (B) by adding at the end the following: ``(2) Spouses.--A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.''; (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (3) by inserting after subsection (b) the following new subsection: ``(c) Income of a Military Spouse.--Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.''; and (4) in subsection (d), as redesignated by paragraph (2)-- (A) in paragraph (1), by inserting ``or the spouse of a servicemember'' after ``The personal property of a servicemember''; and (B) in paragraph (2), by inserting ``or the spouse's'' after ``servicemember's''. (b) Application.--Subsections (a)(2) and (c) of section 511 of such Act (50 U.S.C. App. 571), as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section, shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act. SEC. 4. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES OF MILITARY PERSONNEL. (a) In General.--Section 508 of the Servicemembers Civil Relief Act (50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the spouse of such servicemember'' after ``a servicemember in military service''. (b) Application.--The amendment made by subsection (a) shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act.

Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.

To amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Anti-Corruption Act of 1999''. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) Report and Certification.-- (1) In general.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) Certification.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) Limitations on Assistance.-- (1) Countries hostile to united states business.-- (A) General limitation.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) Countries not conducive to united states business.-- (A) Probationary period.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) Required improvement.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) Exceptions.-- (1) National security interest.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) Other exceptions.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees.--The term ``appropriate committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Multilateral development bank.--The term ``multilateral development bank'' means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.

Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators.

International Anti-Corruption Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``DMZ War Veterans Recognition Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Korean War, which began in 1950 and ended when the Korean War Armistice was signed in 1953, is commonly known as the ``Forgotten War''; (2) a later war in Korea, known only to some veterans and their families as the ``Unknown War'' or the ``DMZ War'', occurred long after the Korean War Armistice was signed in 1953; (3) according to military documents, the leadership of North Korea issued a declaration of war against the United States in a speech in 1966, which read that ``U.S. imperialists should be dealt blows and their forces dispersed to the maximum in Asia. . . .''; (4) the 124th Special Forces unit of North Korea-- (A) was trained-- (i) to destroy the camps and civilians of the United States; (ii) to disrupt travel and communication between the Armed Forces; and (iii) to sabotage and assassinate the government officials of South Korea and the United States; and (B) repeatedly confronted the soldiers of the United States and the Republic of Korea when crossing through the Demilitarized Zone; (5) since the Armistice was signed, over 40,000 Armistice violations have occurred, many of which involved troops of the United States who were stationed in and around Korea; (6) some of those violations, like the capture of the USS Pueblo, caught the attention of the media, although most have not; (7) since the end of the Korean War, many soldiers of the United States have died or been wounded in Korea as a result of hostile fire; (8) some veterans of the Republic of Korea suffer from exposure to Agent Orange, which was used during a period that began in 1968 and ended in 1969 in and around the DMZ; (9) because the hazardous properties of Agent Orange last for at least 100 years, soldiers of the United States who later served in the Demilitarized Zone had been exposed to the chemical long after the Armed Forces stopped using it; (10) the military personnel of the United States who served in the Korean War during the period that began in 1966 and ended in 1969 received the Armed Forces Expeditionary Medal; and (11) a few of the soldiers who fought and died in the Korean War have been-- (A) nominated posthumously for the Congressional Medal of Honor; and (B) awarded-- (i) the Silver Star or Bronze Star for valor in combat; and (ii) the Purple Heart for being wounded in combat. SEC. 3. DEFINITIONS. (a) Plaque.--The term ``plaque'' means the plaque directed to be placed at the Korean War Veterans Memorial in Washington, D.C. under section 4(a). (b) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. PLACEMENT OF COMMEMORATIVE PLAQUE. Not later than November 11, 2009, the Secretary shall place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, that contains the following inscription (in which the bracketed space shall include the date on which the plaque is placed): ``Dedicated to the soldiers of the United States and the Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea. The efforts of those soldiers have enabled the Republic of Korea to develop into a successful and modern country. Since 1953, the Armed Forces of the United States experienced more than 40,000 `Armistice violation incidents.' Those incidents have caused the deaths of over 100 soldiers of the Armed Forces of the United States and the wounding of hundreds more from hostile fire in the Korean Peninsula and its surrounding waters. Unknown to most citizens, the soldiers of the United States and the Republic of Korea fought and won the `DMZ War' between November 1966 and December 1969. That war caused the majority of the Armistice casualties. We remember the service, sacrifice, and valor of all of those soldiers on this 40th anniversary of the start of the DMZ War. Their fellow soldiers and their families will never forget them. Let this Plaque aid their countries to remember them as well. Placed this day, [__________].''.

DMZ War Veterans Recognition Act of 2006 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea.

A bill to recognize and honor the soldiers of the United States and Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, to require the placement of a commemorative plaque at the Korean War Veterans Memorial in Washington, D.C., and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Protection Act''. SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL. Section 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by striking subsection (f) and inserting the following: ``(f) Prohibition on Dumping of Dredged Material.-- ``(1) Definitions.--In this subsection: ``(A) Covered body of water.--The term `covered body of water' means-- ``(i) Long Island Sound; ``(ii) Fisher's Island Sound; ``(iii) Block Island Sound; ``(iv) Peconic Bay; and ``(v) any harbor or tributary of a body of water described in any of clauses (i) through (iv). ``(B) Covered project.--The term `covered project' means-- ``(i) any Federal dredging project (or any project conducted for a Federal agency pursuant to Federal authorization); ``(ii) a dredging project carried out by a non-Federal entity that results in the production of more than 25,000 cubic yards of dredged material; and ``(iii) any of 2 or more dredging projects carried out by 1 or more non-Federal entities in a covered body of water, simultaneously or sequentially within a 180-day period, that result, in the aggregate, in the production of more than 25,000 cubic yards of dredged material. ``(C) Plan.--The term `plan' means the dredged material management plan required under paragraph (5). ``(2) Prohibition.--No dredged material from any covered project shall be dumped, or transported for the purpose of dumping, into any covered body of water unless and until the dredged material is determined by the Administrator-- ``(A) to have, or to cause (including through bioaccumulation), concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and ``(B) to meet all requirements under this title (including the trace contaminant provision under section 227.6 of title 40, Code of Federal Regulations (or a successor regulation), and requirements under other regulations promulgated under section 108). ``(3) Designation of sites.--No dredged material shall be dumped, or transported for the purpose of dumping, into any covered body of water except-- ``(A) at a site designated by the Administrator in accordance with section 102(c); and ``(B) upon a determination by the Administrator, following approval of the plan required under paragraph (5)(F), that no feasible alternative to ocean disposal, including sediment remediation, beneficial reuse, and land-based alternatives, is available prior to the time of designation. ``(4) Relationship to other law.-- ``(A) In general.--Except as provided in subparagraph (B), this title applies to each covered body of water. ``(B) Exception.--No waiver under section 103(d) shall be available for the dumping of dredged material in any covered body of water. ``(5) Dredged material management plan.-- ``(A) In general.--Before designation of any dredged material disposal site in a covered body of water, the Secretary and the Administrator, in consultation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Coast Guard, and the States of Connecticut and New York, shall-- ``(i) develop a dredged material management plan for the management of all dredged sediment in the covered bodies of water; and ``(ii) submit the plan to Congress and the Governors of the States of Connecticut and New York. ``(B) Objectives.--The objectives of the plan shall be-- ``(i) to identify sources, quantities, and the extent of contamination of dredged material that requires disposal; ``(ii) to determine management actions that are to be taken to reduce sediment and contaminant loading of dredged areas; ``(iii) to thoroughly assess alternative locations, treatment technologies, and beneficial uses for dredged material; ``(iv) to ensure that dumping is the disposal option of last resort for dredged material and is used only after all other options have been exhausted; ``(v) to secure-- ``(I) alternative methods of disposal of dredged materials, including decontamination technologies; and ``(II) alternative uses of materials, including upland disposal, containment, beach nourishment, marsh restoration, habitat construction, and other beneficial reuses; and ``(vi) to confirm the specific roles of Federal, State, and local agencies with respect to various aspects of dredged material management. ``(C) Requirements.--The plan shall include environmental, economic, and other analysis required to meet the objectives listed in subparagraph (B), including-- ``(i) an analysis of strategies to reduce sediment loading of harbors and navigation areas; ``(ii) an analysis of sources of sediment contamination, including recommendations for management measures to limit or reduce those contamination sources; ``(iii) an analysis of options for reducing dredging needs through modification of navigation strategies; ``(iv) an analysis of decontamination technologies, including subsequent alternative uses of decontaminated materials (such as upland disposal, containment, beach nourishment, marsh restoration, and habitat construction); and ``(v) a program for use of alternative methods of disposal and use of dredged material, including alternatives to dumping or dispersal in a covered body of water. ``(D) Public input.--The Secretary and the Administrator shall-- ``(i) during the development of the plan, hold in the States of Connecticut and New York a series of public hearings on the plan; and ``(ii) append to the plan a summary of the public comments received. ``(E) Support.--Each of the Federal agencies referred to in subparagraph (A) shall provide such staff support and other resources as are necessary to carry out this paragraph. ``(F) Approval by connecticut and new york.-- ``(i) In general.--Not later than 60 days after the date of receipt of the plan, the Governors of the States of Connecticut and New York shall notify the Secretary and the Administrator of whether the States approve or disapprove the plan. ``(ii) Dumping of dredged material.--No dredged material from a covered project may be dumped, or transported for the purpose of dumping, in any covered body of water unless the dredged material-- ``(I) conforms to a plan that has been approved by the Governors of the States of Connecticut and New York; and ``(II) is to be dumped in a dredged material disposal site designated by the Administrator under this title. ``(iii) Finality.--No dredged material disposal plan shall become final until the plan has been approved by the States of Connecticut and New York under clause (i). ``(iv) Previously designated sites.--No dredged material disposal site in any covered body of water that was designated before the date of enactment of this clause shall be used for dumping of dredged material from a covered project until the plan has been approved by the States of Connecticut and New York under clause (i). ``(G) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2005 and 2006.''.

Long Island Sound Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound. Prohibits dredged material from any Federal or non-Federal dredging project from being dumped, or transported for the purpose of being dumped, into Long Island Sound, Fisher's Island Sound, Block Island Sound, or Peconic Bay (including any harbor or tributary of such bodies of water) until the dredged material is determined by the Administrator of the Environmental Protection Agency (EPA) to: (1) have, or to cause, concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (2) meet certain Federal dumping requirements. Prohibits dumping or transportation for dumping into any covered body of water, except at a site designated by the Administrator, and upon a determination that no feasible alternative to ocean disposal (including sediment remediation, beneficial reuse, and land-based alternatives) is available prior to the time of designation. Requires the Secretary of the Army and the Administrator, before designation of a dredged material disposal site in a covered body of water, to develop a dredged material management plan and to submit it to Congress and to the Governors of the States of Connecticut and New York for their approval.

To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping of dredged material in certain bodies of water.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunt Unrestricted on National Treasures Act'' or the ``HUNT Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal public land management agency.--The term ``Federal public land management agency'' means any of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) Travel management plan.--The term ``travel management plan'' means a plan for the management of travel-- (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency a report that includes-- (1) a list of the location and acreage of land more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the Federal public land management agency); (2) with respect to land described in paragraph (1), a list of the locations and acreage on the land that the head of the Federal public land management agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to land described in paragraph (2), a plan developed by the Federal public land management agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on the land. (b) List of Public Access Routes for Certain Land.--Not later than 1 year after the date of enactment of this Act, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency, and thereafter revise as the head of the Federal public land management agency determines appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes. (c) Means of Public Access and Egress Included.--In considering public access and egress under subsections (a) and (b), the head of the applicable Federal public land management agency shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Effect.-- (1) In general.--This Act shall have no effect on whether a particular recreational use shall be allowed on the land described in paragraphs (1) and (2) of subsection (a). (2) Effect of allowable uses on agency consideration.--In preparing the plan under subsection (a)(3), the head of the applicable Federal public land management agency shall only consider recreational uses that are allowed on the land at the time that the plan is prepared. SEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``Recreational public access to federal land.--In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.''.

Hunt Unrestricted on National Treasures Act or HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to the land's legal boundaries is significantly restricted; (2) a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5% of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.

HUNT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Troubled Assets Relief Program Targeted Assets Act of 2009''. SEC. 2. DEFINITIONS. Section 3 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking paragraph (9) and inserting the following new paragraphs: ``(9) Troubled assets.--The term `troubled assets' means-- ``(A) any residential mortgage, and any security, obligation, or other instrument that is based on or related to such mortgage-- ``(i) is in pre-foreclosure; ``(ii) with respect to which the borrower has missed at least 2 payments within the last 6 months; or ``(iii) which is in forbearance; or ``(B) any other financial instrument that the Secretary, after consultation with the Chairman of the Board of Governors of the Federal Reserve System, determines the purchase of which is necessary to promote financial market stability, but only upon transmittal of such determination, in writing, to the appropriate committees of Congress. ``(10) Rehabilitated mortgage.--The term `rehabilitated mortgage' means a mortgage which has been restructured, refinanced or otherwise modified to lower the borrower's monthly payment-- ``(A) creating a front-end debt ratio, including the cost of mortgage principal, interest, taxes, and insurance, of no more than 30 percent of the gross monthly income of the borrower; or ``(B) to a term deemed affordable by the borrower after full disclosure by the lender and pursuant to rules as may be established by the Secretary. ``(11) Independent appraiser.--The term `independent appraiser' means a person who-- ``(A) is licensed pursuant to the laws and regulations of the State where the person practices; ``(B) is disclosed to the borrower or buyer; and ``(C) is not coerced, extorted, induced, intimidated, bribed or otherwise influenced by or in collusion with the mortgage lender, mortgaged broker, mortgage banker, real estate broker, appraisal management company or other persons or companies having a vested interest in the transaction.''. SEC. 3. LIMIT ON AUTHORITY TO WRITE OFF LOSSES. Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking subsection (a) and inserting the following new subsection: ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to establish the Troubled Asset Restoration and Assistance Program (hereafter in this title referred to as the `TARAP') to allow the Treasury to purchase lender or servicer `losses' on rehabilitated mortgages, on such terms and conditions as are defined in this Act and determined by the Secretary. ``(2) Authority to purchase.--Through the TARAP, the Treasury shall pay up to 80 percent of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions. ``(3) Write off of remainder.--That portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary under paragraph (2) may be written to loss.''. SEC. 4. REGULATIONS AND GUIDELINES. Section 101(c) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended by striking paragraph (5) and inserting the following new paragraphs: ``(5) Issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes of this title including determining qualifications for an independent appraiser, making the final determinations as to whether an asset is troubled, what the values are that will determine the amount of purchase, the amount of reductions in the purchase price for purposes of subsection (d)(2), and any other functionality issues required to operate the program. ``(6) Conforming to guidelines established in subsection (g), the Secretary is authorized to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures.''. SEC. 5. ELIGIBLE ASSET. Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (e) as subsection (i); and (3) by inserting after subsection (c) the following new subsections: ``(d) Eligible Assets.-- ``(1) In general.--An asset is eligible for TARAP if-- ``(A) it is the borrower's primary residence; and ``(B) it-- ``(i) is a troubled asset, as defined in section 3(9); or ``(ii) it was a troubled asset but has been rehabilitated by the servicer or lender (as defined in section 3(10)) on or after October 3, 2008, and allowing the borrower to remain in the borrower's home. ``(2) Assets not included.--An asset is not eligible for TARAP if-- ``(A) it was valued at more than 150 percent of the current fair market value; and ``(B) the original value was assessed solely by the lender's appraiser, unless the servicer or lender agrees to such reduction in the purchase amount as the Secretary may require as a condition for the purchase. ``(f) Eligible Lender or Servicer.--A lender or servicer is eligible for TARAP assistance if-- ``(1) the lender or servicer has agreed to full disclosure requirements as may be established by the Secretary; or ``(2) the lender or servicer has agreed to use an independent appraiser and standard appraisal practices as may be established by the Secretary; ``(g) Program Guidelines.-- ``(1) TARAP shall pay a servicer or lender up to 80 percent of the difference between the original asset and rehabilitated asset pursuant to such regulations as may be prescribed by the Secretary. ``(2) The servicer or lender shall use documented best efforts, prior to foreclosure, to work with the borrower to create an affordable front-end debt ratio of up to 30 percent of the borrower's gross monthly income. ``(3) The Secretary may establish mechanisms to provide for those assets which cannot be rehabilitated under the preceding guidelines. ``(h) Program Termination.--All authority under this section ceases no later than December 31, 2009.''. SEC. 6. DEFERRAL OF ALL FORECLOSURES ON ANY PRINCIPAL DWELLING OF A CONSUMER FOR A 90-DAY PERIOD. (a) In General.--Notwithstanding any provision of any State or Federal law, after the date of the enactment of this Act, no creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, may take any action to initiate a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted other than to suspend such foreclosure, with respect to any eligible mortgage of a consumer, until the end of the 90-day period beginning on the date of the enactment of this Act. (b) Action by Consumer.-- (1) In general.--After the date of the enactment of this Act, any consumer shall have the right to defer any initiation of a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage by any creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, until the end of the 90-day period beginning on the date of the enactment of this Act. (2) Enforcement of right.--Any consumer may defend against a foreclosure or bring an action in any court of competent or general jurisdiction to compel compliance with the right of the consumer under paragraph (1) to defer any initiation of a foreclosure or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage. (c) Rule of Construction.--No provision of this section shall be construed as affecting or altering the obligations of the consumer under the terms of the eligible mortgage notwithstanding any deferral of foreclosure. (d) Eligible Mortgage Defined.--For purposes of this section, the term ``eligible mortgage'' means any residential mortgage loan to any consumer that constitutes a first lien on the dwelling or real property securing the loan which constitutes, or on which is located, the principal residence of the consumer.

Troubled Assets Relief Program Targeted Assets Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to establish the Troubled Asset Restoration and Assistance Program (TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on terms and conditions determined by the Secretary. Directs the Treasury, acting through TARAP, to pay up to 80% of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions. Permits the portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary to be written to loss. Requires any regulations and other guidance the Secretary may issue to determine qualifications for an independent appraiser, and make final determinations as to: (1) whether an asset is troubled; (2) what the values are that will determine the amount of purchase; (3) the amount of reductions in the purchase price for certain otherwise ineligible assets; and (4) any other functionality issues required to operate the program. Authorizes the Secretary, conforming to specified guidelines, to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures. Identifies criteria for eligible assets and eligible lenders or servicers. Sunsets TARAP on December 31, 2009. Prohibits, for a 90-day period, a mortgage servicer, or holder, from taking action to initiate a foreclosure, or any action in connection with a foreclosure already instituted (other than to suspend it), with respect to any eligible mortgage of a consumer. Entitles a consumer to defer initiation of a foreclosure, or any action in connection with one already instituted by any creditor, servicer, or holder of a mortgage, until the end of the 90-day period beginning on the date of the enactment of this Act.

To amend the Emergency Economic Stabilization Act of 2008 to restrict which assets banks can write off as loss for purposes of the Troubled Assets Relief Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuba Sanctions Reform Act of 2004''. SEC. 2. DURATION OF SANCTIONS RELATED TO CUBA. (a) Continuation of Sanctions.-- (1) Expiration.--Notwithstanding any other provision of law, the restrictions described in section 3(a) shall, with respect to Cuba, expire 1 year from the date of enactment of this Act unless renewed pursuant to paragraph (2) and subsection (b). (2) Resolution by congress.--The restrictions contained in section 3(a) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (b). (b) Renewal Resolutions.-- (1) In general.--For purposes of this section, the term ``renewal resolution'' means a joint resolution of the two Houses of Congress, the sole matter after the resolving clause of which is as follows: ``That Congress approves the renewal of the restrictions contained in section 3(a) of the Cuba Sanctions Reform Act of 2004.''. (2) Procedures.-- (A) In general.--A renewal resolution-- (i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the restrictions described in section 3(a); and (ii) the provisions of subparagraph (B) shall apply. (B) Expedited consideration.--The provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974. SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Provisions Subject to Renewal.--The restrictions described in this subsection that are subject to renewal as described in section 2 are as follows: (1) The prohibition or termination of assistance contained in section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)). (2) The authorities conferred upon the President by section 5(b) of the Trading with the enemy Act (50 U.S.C. App. 5(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of enactment of this Act. (3) Any prohibition on exports to Cuba that is in effect on the day before the date of enactment of this Act under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). (4) The sanctions contained in section 1704 and section 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and 6005). (5) The sanctions contained in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.). (6) The prohibitions relating to Cuba contained in sections 908, 909, and 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106-387; 22 U.S.C. 7207, 7208, and 7209). (7) Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries). (8) The prohibition relating to sugar imports established under section 902(c) of the Food Security Act of 1985 (7 U.S.C. 1446g note; Public Law 99-198). (9) The restrictions on common carriers, as defined in section 3(10) of the Communications Act of 1934 (47 U.S.C. 153(10)), related to Cuba, including restrictions regarding the installation, maintenance, repair, and upgrading of telecommunications equipment and facilities, and the provision of telecommunications services between the United States and Cuba. (b) Authority for New Restrictions.--The President may, on or after the date of enactment of this Act-- (1) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979; and (2) exercise the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that did not exist before the date of enactment of this Act. SEC. 4. TRAVEL. (a) In General.--Restrictions related to travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, that may be regulated or prohibited shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Transactions Incident to Travel.--For purposes of subsection (a), the term ``any transactions ordinarily incident to travel'' includes-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 5. ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), any limit the Secretary of the Treasury may place on the amount of remittances to Cuba made by any person who is subject to the jurisdiction of the United States, shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity).

Cuba Sanctions Reform Act of 2004 - Provides for the expiration of certain trade and travel restrictions with respect to Cuba unless such restrictions are renewed annually by a specified renewal resolution of the two Houses of Congress. Authorizes the President with respect to Cuba to: (1) impose certain export controls; and (2) exercise certain emergency economic powers.

A bill to require congressional renewal of trade and travel restrictions with respect to Cuba.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Marijuana Offenses Act of 2015''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN MARIJUANA-RELATED OFFENSES. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``SUBCHAPTER D--EXPUNGEMENT ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Disclosure of expunged records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any individual convicted of a qualifying marijuana-related offense who fulfills the requirements of section 3632 may, upon petition for expungement made in accordance with this subchapter, obtain an order granting expungement under this subchapter. ``(b) Definition of Qualifying Marijuana-Related Offense.--In this subchapter, the term `qualifying marijuana-related offense' means an offense against the United States in which the conduct constituting the offense-- ``(1) was legal under the State law at the time of the offense; or ``(2) was the possession of marijuana in a quantity is not greater than one ounce. ``(c) Definition of State.--In this subchapter, the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for an order of expungement under this subchapter unless, before filing a petition under this subchapter, such individual fulfills all requirements of the sentence for the conviction for which expungement is sought, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines. ``Sec. 3633. Procedure for expungement ``(a) Petition.--An individual may file a petition for expungement of a conviction in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the judicial district of that court. ``(b) Opportunity for Government To Contest Petition.--Not later than 60 days after the date a copy of a petition is served on the Government under subsection (a), the Government may, if the Government determines the facts do not support the petition, inform the court and the petitioner that the Government opposes granting expungement. If the Government does so inform the court and the petitioner, the court shall allow the Government and the petitioner an opportunity to present evidence and argument relating to the petition. ``(c) Court-Ordered Expungement.--If, after the passage of the 60- day period described in subsection (a) or earlier, if the Government informs the court it will not oppose granting expungement or if proceedings related to that opposition have been completed, the court determines the preponderance of the evidence before the court supports the granting of expungement under this subchapter, the court shall issue an order granting that expungement. If the court determines the petition is not supported by the preponderance of the evidence before the court, the court shall deny the petition. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter restores the individual concerned, in the contemplation of the law, to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted. ``(b) No Disqualification; Statements.--After an order under this subchapter granting expungement of an individual's criminal records, that individual is not required to divulge information pertaining to the expunged conviction. The fact that such individual has been convicted of the criminal offense concerned shall not operate as a disqualification of that individual to pursue or engage in any lawful activity, occupation, or profession. Such individual is not guilty of any perjury, false answering, or making a false statement by reason of that individual's failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of that individual for any purpose. ``(c) Records To Be Destroyed.--Except as provided in section 3635, upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against the individual, and the results thereof, except publicly available court opinions or briefs on appeal, shall be permanently destroyed. ``Sec. 3635. Disclosure of expunged records ``(a) Index To Assist Authorized Disclosure.--The Department of Justice shall maintain a nonpublic manual or computerized record of expungements under this subchapter containing only the name of, and alphanumeric identifiers selected by the Department of Justice that relate to, the persons who obtained expungement under this subchapter, and the order of expungement. ``(b) Authorized Disclosure to Individual.--Information in the index shall be made available only to the individual to whose expungement it pertains or to such individual's designated agent. ``(c) Punishment for Improper Disclosure.--Whoever knowingly discloses information relating to an expunged conviction other than as authorized in this subchapter shall be fined under this title or imprisoned not more than one year, or both.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement........................................ 3631''. (c) Effective Date.--The amendments made by this Act apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.

Clean Slate for Marijuana Offenses Act of 2015 Amends the federal criminal code to allow an individual convicted of a qualifying marijuana-related offense, upon filing a petition for expungement and fulfilling all requirements of the sentence for such conviction, to obtain an order granting expungement of such conviction. Defines a "qualifying marijuana-related offense" as an offense against the United States in which the conduct constituting the offense: (1) was legal under the state law at the time of the offense, or (2) was the possession of not more than one ounce of marijuana. Gives the government 60 days to contest such a petition, in which case the court shall allow the government and the petitioner an opportunity to present evidence and argument relating to the petition. Directs the court to approve or deny the petition based on its determination that the petition either is supported by, or is not supported by, a preponderance of the evidence. Declares that: (1) an order granting expungement restores the individual concerned to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted; (2) the individual is not required to divulge information pertaining to an expunged conviction and such conviction shall not disqualify that individual from pursuing or engaging in any lawful activity, occupation, or profession; (3) such individual is not guilty of making a false statement by reason of that individual's failure to recite or acknowledge arrest or conviction of such offense; and (4) records pertaining to an expunged conviction shall be destroyed. Directs the Department of Justice (DOJ) to maintain a nonpublic record of such expungement orders and the names of and alphanumeric identifiers selected by DOJ for persons who obtain expungement, which record shall be made available only to the individual to whom the expungement pertains. Establishes penalties for the unauthorized disclosure of information relating to an expunged conviction.

Clean Slate for Marijuana Offenses Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Generic Drug Pricing Fairness Act''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Pharmacy benefits manager transparency requirements.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a `PBM') to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM adheres to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: ``(A) The PBM may not transmit any personally identifiable utilization or claims data, with respect to a plan enrollee, to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM-owned pharmacy. ``(B) The PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies.''. (b) Regular Update of Prescription Drug Pricing Standard.-- Paragraph (6) of section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended to read as follows: ``(6) Regular update of prescription drug pricing standard.-- ``(A) In general.--If the PDP sponsor of a prescription drug plan uses a standard for reimbursement (as described in subparagraph (B)) of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part with respect to the plan shall provide that the sponsor shall-- ``(i) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(ii) disclose to applicable pharmacies the sources used for making any such update; ``(iii) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and ``(iv) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. ``(B) Prescription drug pricing standard defined.-- For purposes of subparagraph (A), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost (MAC), or other costs, whether publicly available or not.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2015. SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM. Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(3) To the extent practicable, with respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE managed care support contractor includes requirements described in section 1860D- 12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.''. SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsections: ``(p) A contract may not be made or a plan approved under this chapter under which a carrier has an agreement with a pharmacy benefits manager (in this subsection referred to as a `PBM') to manage prescription drug coverage or to control the costs of the prescription drug coverage unless the carrier and PBM adhere to the following criteria: ``(1) The PBM may not transmit any personally identifiable utilization or claims data with respect to an individual enrolled under such contract or plan to a pharmacy owned by the PBM if the individual has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. ``(2) The PBM may not require that an individual enrolled under such contract or plan use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. ``(q)(1) If a contract made or plan approved under this chapter provides for a standard for reimbursement (as described in paragraph (2)) with respect to a prescription drug plan, such contract or plan shall provide that the applicable carrier-- ``(A) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; ``(B) disclose to applicable pharmacies the sources used for making any such update; ``(C) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and ``(D) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. ``(2) For purposes of paragraph (1), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost, or other costs, whether publicly available or not.''. (b) Application.--The amendment made by subsection (a) shall apply to any contract entered into under section 8902 of title 5, United States Code, on or after the date of enactment of this section.

Generic Drug Pricing Fairness Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor with respect to a PDP the sponsor offers to prohibit the PDP from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under it, unless the PBM adheres to specified criteria when handling personally identifiable utilization and claims data or other sensitive patient data. Revises requirements for contracts with PDP sponsors to require that the PDP sponsor disclose to applicable pharmacies the sources used for making any update of the prescription drug pricing standard, and if the source for such a standard is not publicly available, disclose to such pharmacies all individual drug prices to be so updated in advance of their use for the reimbursement of claims. Requires the PDP sponsor, as well, to establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for a drug. Directs the Secretary of Defense (DOD), with respect to the TRICARE retail pharmacy program, to ensure that a contract entered into with a TRICARE managed care support contractor includes requirements to ensure the provision of information regarding the pricing standard for prescription drugs. Establishes criteria to which a carrier and a PBM must adhere under a contract or an approved plan under which the carrier has an agreement with the PBM to manage prescription drug coverage or to control the costs of such coverage. Prohibits a PBM under such criteria from: (1) transmitting to a pharmacy owned by the PBM any personally identifiable utilization or claims data relating to an enrolled individual who has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy; or (2) requiring any enrolled individual to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity in which the PBM has an ownership interest, or that has an ownership interest in the PBM, or give an incentive to encourage an enrollee to use the pharmacy if the incentive applies only to those pharmacies. Requires any contract or approved plan providing for a reimbursement standard with respect to a PDP to require the carrier to: (1) update the standard at least once every seven days to reflect the market price of a drug accurately; (2) disclose to pharmacies the sources used for making any such update; (3) make advance disclosure to those pharmacies of all individual drug prices to be updated if the source for a standard is not publicly available; and (4) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices less than the pharmacy acquisition price.

Generic Drug Pricing Fairness Act

SECTION 1. MODELING AND SIMULATION PROGRAMS. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--ADDITIONAL PROGRAMS ``SEC. 801. MODELING AND SIMULATION PROGRAMS. ``(a) Purpose; Definition.-- ``(1) Purpose.--The purpose of this section is to promote the study of modeling and simulation at institutions of higher education, through the collaboration with new and existing programs, and specifically to promote the use of technology in such study through the creation of accurate models that can simulate processes or recreate real life, by-- ``(A) establishing a task force at the Department of Education to raise awareness of and define the study of modeling and simulation; ``(B) provide grants to institutions of higher education to develop new modeling and simulation degree programs; and ``(C) create grants for institutions of higher education to enhance existing modeling and simulation degree programs. ``(2) Definition.--In this section, the term `modeling and simulation' means a field of study related to the application of computer science and mathematics to develop a level of understanding of the interaction of the parts of a system and of a system as a whole. ``(b) Establishment of Taskforce.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall establish a taskforce within the Department of Education to study modeling and simulation and to support the development of the modeling and simulation field. The activities of such taskforce shall include-- ``(A) helping to define the study of modeling and simulation (including the content of modeling and simulation classes and programs); ``(B) identifying best practices for such study; ``(C) identifying core knowledge and skills that individuals who participate in modeling and simulation programs should aquire; and ``(D) providing recommendations to the Secretary with respect to-- ``(i) the information described in subparagraphs (A) through (C); and ``(ii) a system by which grants under this section will be distributed. ``(2) Taskforce membership.--The membership of the taskforce under this subsection shall be composed of representatives from-- ``(A) institutions of higher education with established modeling and simulation degree programs; ``(B) the National Science Foundation; ``(C) Federal Government agencies that use modeling and simulation extensively, including the Department of Defense, the National Institute of Health, the Department of Homeland Security, the Department of Health and Human Services, the Department of Energy, and the Department of Transportation; ``(D) private industries with a primary focus on modeling and simulation; and ``(E) national modeling and simulation organizations. ``(c) Enhancing Modeling and Simulation at Institutions of Higher Education.-- ``(1) Enhancement grants authorized.-- ``(A) In general.--The Secretary is authorized to award grants, on a competitive basis, to eligible institutions to enhance modeling and simulation degree programs at such eligible institutions. ``(B) Duration of grant.--A grant awarded under this subsection shall be awarded for a 3-year period, and such grant period may be extended for not more than 2 years if the Secretary determines that an eligible institution has demonstrated success in enhancing the modeling and simulation degree program at such eligible institution. ``(C) Minimum grant amount.--Subject to the availability of appropriations, a grant awarded to an eligible institution under this subsection shall not be for an amount less than $750,000. ``(D) Non-federal share.--Each eligible institution receiving a grant under this subsection shall provide, from non-Federal sources, in cash or in kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant. The Secretary may waive the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines a waiver to be appropriate based on the financial ability of the institution. ``(2) Eligible institutions.--For the purposes of this subsection, an eligible institution is an institution of higher education that-- ``(A) has an established modeling and simulation degree program, including a major, minor, or career- track program; or ``(B) has an established modeling and simulation certifcate or concentration program. ``(3) Application.--To be considered for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(A) a letter from the President or provost of the eligible institution that demonstrates the institution's commitment to the enhancement of the modeling and simulation program at the institution of higher education; ``(B) identification of designated faculty responsible for the enhancement of the institution's modeling and simulation program; and ``(C) a detailed plan for how the grant funds will be used to enhance the modeling and simulation program of the institution. ``(4) Uses of funds.--A grant awarded under this subsection shall be used by an eligible institution to carry out the plan developed in accordance with paragraph (3)(C) to enhance modeling and simulation programs at the institution, which may include-- ``(A) in the case of an institution that is eligible under paragraph (2)(B), activities to assist in the establishment of a major, minor, or career-track modeling and simulation program at the eligible institution; ``(B) expanding the multi-disciplinary nature of the institution's modeling and simulation programs; ``(C) recruiting students into the field of modeling and simulation through the provision of fellowships or assistantships; ``(D) creating new courses to compliment existing courses and reflect emerging developments in the modeling and simulation field; ``(E) conducting research to support new methodologies and techniques in modeling and simulation; and ``(F) purchasing equipment necessary for modeling and simulation programs. ``(d) Establishing Modeling and Simulation Programs.-- ``(1) Establishment grants authorized.-- ``(A) In general.--The Secretary is authorized to award grants to institutions of higher education to establish a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program. ``(B) Duration of grant.--A grant awarded under this subsection shall be awarded for a 3-year period, and such grant period may be extended for not more than 2 years if the Secretary determines that an eligible institution has demonstrated success in establishing a modeling and simulation degree program at such eligible institution. ``(C) Minimum grant amount.--Subject to the availability of appropriations, a grant awarded to an eligible institution under this subsection shall not be for an amount less than $750,000. ``(D) Non-federal share.--Each eligible institution receiving a grant under this subsection shall provide, from non-Federal sources, in cash or in kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant. The Secretary may waive the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines a waiver to be appropriate based on the financial ability of the institution. ``(2) Application.--To apply for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(A) a letter from the President or provost of the eligible institution that demonstrates the institution's commitment to the establishment of a modeling and simulation program at the institution of higher education; ``(B) a detailed plan for how the grant funds will be used to establish a modeling and simulation program at the institution; and ``(C) a description of how the modeling and simulation program established under this subsection will complement existing programs and fit into the institution's current program and course offerings. ``(3) Uses of funds.--A grant awarded under this subsection may be used by an eligible institution to-- ``(A) establish, or work toward the establishment of, a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program at the eligible institution; ``(B) provide adequate staffing to ensure the successful establishment of the modeling and simulation program, which may include the assignment of full-time dedicated or supportive faculty; and ``(C) purchasing equipment necessary for a modeling and simulation program. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $40,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years. Of the amounts authorized to be appropriated for each fiscal year-- ``(1) $1,000,000 is authorized to carry out the activities of the task force established pursuant to subsection (b); and ``(2) of the amount remaining after the allocation for paragraph (1)-- ``(A) 50 percent is authorized to carry out the grant program under subsection (c); and ``(B) 50 percent is authorized to carry out the grant program under subsection (d).''.

Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a taskforce within the Department of Education to recommend improvements to the study of modeling and simulation, and identify the core capacities that students in such programs should acquire. Authorizes the Secretary to award: (1) competitive grants to institutions of higher education (IHEs) for the enhancement of their existing modeling and simulation programs; and (2) grants to IHEs for the establishment of such programs. Requires grantees to raise, from nonfederal sources, an amount equal to 25% of their grants.

To provide grants to encourage and enhance the study of modeling and simulation at institutions of higher education.

SECTION 1. SHORT TITLE This Act may be cited as the ``Lake Pontchartrain Basin Restoration Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Lake Pontchartrain Basin forms one of the largest natural estuaries in the continental United States; (2) the Basin drains an area of almost 5,000 square miles from 16 Louisiana parishes and 4 Mississippi counties; (3) the ecology of the Basin provides the diverse essential habitat that supports countless species of fish, birds, mammals, and plants; (4) the extensive wetland of the Basin provides the primary nursery for much of the seafood harvested in the Gulf Coast; (5) conditions resulting from urbanization, increasing population growth and development, sewage and septic tank discharges, animal waste, herbicides, pesticides, fertilizers, stormwater runoff, sediments from construction, and sewage from fishing camps and residences should be addressed to improve the environment and ecology of the Basin; (6) a major source of pollution in the Basin is raw or partially treated human waste from-- (A) communities with poor sewer systems or without sewer systems; and (B) septic tank systems that are not operating properly; (8) stormwater discharges that combine with effluent from sanitary discharges from broken lines are channeled directly into Lake Pontchartrain or adjacent bodies of water; (7) a number of local government agencies are working on restoration efforts that have a direct impact on water quality in the Basin, including the Department of Environmental Quality of Louisiana, the New Orleans Sewerage and Water Board, Jefferson Parish, and other governmental agencies; (8) a number of non-regulating organizations, such as the Lake Pontchartrain Basin Foundation and the University of New Orleans, are playing substantial, essential roles in restoration efforts; (9) the Lake Pontchartrain Basin Foundation, the University of New Orleans, and the Regional Planning Commission for Jefferson, Orleans, Plaquemines, St. Bernard, and St. Tammany Parishes, Louisiana, have entered into a memorandum of understanding to better facilitate the restoration and preservation of water quality and habitats throughout the Basin; and (10) the programs and activities of the various Federal agencies involved with administration of laws, programs, and assets that affect the water quality of the Basin, including the Environmental Protection Agency, the Army Corps of Engineers, the Department of Agriculture, the Department of the Interior, and other agencies, lack coordination and sufficient resources to measure and remediate water quality problems in the Basin. (b) Purposes.--The purposes of this Act are-- (1) to coordinate the restoration efforts of Federal, State, and local agencies and organizations in the restoration of the Basin; (2) to establish the Lake Pontchartrain Basin Restoration Program in the office of the Environmental Protection Agency; and (3) to authorize and provide resources for restoration projects in the Basin. SEC. 3. LAKE PONTCHARTRAIN BASIN. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 121. LAKE PONTCHARTRAIN BASIN. ``(a) Definitions.--In this section: ``(1) Basin.--The term `Basin' means the Lake Pontchartrain Basin located in the State of Louisiana. ``(2) Council.--The term `Council' means the Lake Pontchartrain Executive Council established under subsection (b)(3)(A). ``(3) Management plan--The term `management plan' means the watershed management plan developed under subsection (b)(3)(B). ``(4) Program.--The term `program' means the Lake Pontchartrain Basin Restoration Program established under subsection (b)(1). ``(b) Lake Pontchartrain Basin Restoration Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this section, the Administrator shall establish within the Environmental Protection Agency the Lake Pontchartrain Basin Restoration Program. ``(2) Purposes.--The purposes of the program shall be-- ``(A) to coordinate efforts among and provide resources to the various Federal, State, and local governmental agencies and nonregulatory organizations to reduce pollution in the Basin; and ``(B) to restore the Basin to ecological health. ``(3) Administration.-- ``(A) Lake pontchartrain executive council.--Not later than 180 days after the date of enactment of this section, the Administrator shall establish the Lake Pontchartrain Executive Council, to be composed of-- ``(i) the Administrator; ``(ii) the Governor of the State of Louisiana; ``(iii) the Chairman of the Regional Planning Commission; ``(iv) the Chancellor of the University of New Orleans; and ``(v) the Executive Director of the Lake Pontchartrain Basin Foundation. ``(B) Management plan.-- ``(i) In general.--Not later than 180 days after the date of enactment of this section, the Administrator, in cooperation with appropriate Federal, State, and local authorities, shall assist the Council in developing a comprehensive, multiuse, watershed management plan for the restoration and protection of the Basin. ``(ii) Assistance.--Assistance provided by the Administrator under subparagraph (A) shall include grants for and technical assistance in-- ``(I) developing an annual work plan endorsed by the Council; ``(II) supporting Basin-wide environmental monitoring and research to provide technical and scientific information necessary to support management decisions; ``(III) developing a comprehensive research plan to address the technical needs of the program; and ``(IV) recommending restoration projects for implementation by the State of Louisiana, parishes, and nongovernmental entities. ``(c) Restoration Projects.--In accordance with the management plan, the Administrator shall provide funding and oversight to carry out voluntary restoration projects for the Basin that-- ``(1) address human waste problems in the Basin by providing a cost-sharing construction and education program that offers incentives to parishes and local communities to improve sewage treatment facilities and procedures (including the continuation of funding for the inflow and infiltration projects of Orleans and Jefferson Parishes, Louisiana); ``(2) provide critical assistance to agricultural operators designed to address and curb agricultural runoff into the Basin; ``(3) provide for the rerouting of discharges from selected pumping stations through adjacent wetland, using existing canals and small water control structures, in order to use natural wetland to filter pollutants from urban stormwater; ``(4) improve Basin water quality-- ``(A) by eliminating discharges of raw or partially treated sewage from fishing camps and residences; ``(B) where there are approved municipal or community sewage systems, by providing tie-ins from those systems for fishing camps and residences; and ``(C) by establishing new sanitation and sewage systems where needed; ``(5) reverse the trend of decreasing acreage of coastal wetland in the Basin by creating new sustainable wetland habitat; and ``(6) retain the integrity of natural structural elements in the coastal landscape, such as ridges and barrier islands, in order to reduce storm surge impacts to essential habitats and human infrastructure. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary, to remain available until expended-- ``(1) to continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana; and ``(2) to carry out subsections (b) and (c).''.

Lake Pontchartrain Basin Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish the Lake Pontchartrain Basin Restoration Program within EPA. Directs the Administrator to: (1) establish the Lake Pontchartrain Executive Council; (2) assist the Council in developing a comprehensive, multi-use watershed management plan for the restoration and protection of the Basin; and (3) provide funding and oversight for voluntary restoration projects for the Basin. Authorizes appropriations to: (1) continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana; and (2) carry out this Act.

Lake Pontchartrain Basin Restoration Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Tax Repeal Act of 2015''. SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES. (a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. TERMINATION. ``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2015. ``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2015-- ``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and ``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''. (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: ``SEC. 2664. TERMINATION. ``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2015.''. (c) Conforming Amendments.-- (1) The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2210. Termination.''. (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: ``Sec. 2664. Termination.''. (d) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, on or after the date of the enactment of this Act. SEC. 3. MODIFICATIONS OF GIFT TAX. (a) Computation of Gift Tax.--Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of-- ``(A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. ``(2) Rate schedule.-- ``If the amount with respect to which The tentative tax is: the tentative tax to be computed is:. Not over $10,000....................... 18% of such amount. Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess over $250,000. Over $500,000.......................... $155,800, plus 35% of the excess of $500,000.''. (b) Treatment of Certain Transfers in Trust.--Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor's spouse under subpart E of part I of subchapter J of chapter 1.''. (c) Lifetime Gift Exemption.-- (1) In general.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by''. (2) Inflation adjustment.--Section 2505 of such Code is amended by adding at the end the following new subsection: ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Conforming Amendments.-- (1) The heading for section 2505 of such Code is amended by striking ``unified''. (2) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: ``Sec. 2505. Credit against gift tax.''. (3) Section 2801(a)(1) of such Code is amended by striking ``section 2001(c) as in effect on the date of such receipt'' and inserting ``section 2502(a)(2)''. (e) Effective Date.--The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition Rule.-- (1) In general.--For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b).--For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as one preceding calendar period. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. Passed the House of Representatives April 16, 2015. Attest: KAREN L. HAAS, Clerk.

Death Tax Repeal Act of 2015 (Sec. 2) This bill amends the Internal Revenue Code to repeal the estate and generation-skipping transfer taxes for estates of decedents dying or for transfers made on or after the enactment date of this Act. In the case of assets placed in a qualified domestic trust by a decedent who dies prior to the enactment of this Act, the current estate tax will not apply to: (1) distributions from such trust before the death of a surviving spouse made more than 10 years after the enactment date of this Act, and (2) assets remaining in such trust upon the death of the surviving spouse. (Sec. 3) This section revises gift tax rates to lower the top rate to 35% and deems a transfer in trust to be a taxable gift unless the trust is treated as wholly-owned by the donor or the donor's spouse. The lifetime exemption for gifts is set at $5 million with a cost-of-living adjustment for calendar years beginning after 2011. The adjusted exemption amount in 2015 is $5.43 million. (Sec. 4) The budgetary effects of this Act are exempted from entry on either PAYGO scorecard maintained under the Statutory Pay-As-You-Go Act of 2010.

Death Tax Repeal Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Preservation through Individual Choice Enhancement Act''. SEC. 2. ELECTION TO TAKE EMPLOYEE PAYROLL TAX CUT. (a) In General.--Section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by redesignating subsections (b) through (g) as subsections (c) through (i), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Election To Take Employee Payroll Tax Cut.-- ``(1) In general.--Subsection (a) shall apply with respect to remuneration received by any individual for services rendered in a calendar year (or taxable year beginning in the calendar year) in the payroll tax holiday period only if a tax holiday election under paragraph (2) is in effect with respect to such calendar year. ``(2) Tax holiday election.--For purposes of this subsection-- ``(A) In general.--The term `tax holiday election' means, with respect to the individual, an election to have subsection (a) apply to a calendar year (or taxable year beginning in such calendar year) in the payroll tax holiday period beginning in or after 2012. Any such election shall remain in effect until such election is revoked. ``(B) When made.--An election with respect to a calendar year (and a taxable year beginning in the taxable year) may be made before July 1 of the calendar year for which such remuneration is received. ``(C) Revocation of election.--Subject to such conditions as the Secretary deems necessary, an individual may revoke an election to have subsection (a) apply with respect to a calendar year (and taxable year beginning in the calendar year) if such revocation is made before July 1 of the calendar year. ``(D) Time and manner of election and revocation.-- Any election and revocation under this subsection shall be made at such time and in such manner as the Secretary may prescribe. ``(3) Special rules.-- ``(A) 1st employment or self-employment after beginning of year.--In the case of an individual whose employment or self-employment first commences after the beginning of the calendar year or taxable year (as the case may be), the election under paragraph (2)(A) shall be made before or with the beginning of such employment. ``(B) Multiple employers.--In the case that an individual is employed by more than 1 employer (including self-employment) for a period, an election or revocation made under this subsection made with respect to remuneration from 1 employer shall apply to all employers. For purposes of the preceding sentence, the most recent valid election or revocation for a period shall be the only election or revocation (as the case may be) in effect for that period. ``(4) Overpayment and underpayment of tax.-- ``(A) Credit for overpayment.--See sections 6402 and 6413 of such Code for provisions relating to overpayments of employment taxes. ``(B) Underpayment of taxes.--If, by reason of an election or revocation under this subsection for a calendar year or taxable year, an individual has a liability for tax under section 1401(a), 3101(a), 3201(a), or 3211(a)(1) of such Code for the taxable year beginning with or in the calendar year, for purposes of subtitle F of such Code, such liability, together with interest on such liability at the underpayment rate established under section 6621, shall be assessed and collected in the manner prescribed by the Secretary. ``(5) Regulations.--The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations or other guidance as may be necessary to carry out this subsection. Such regulations or other guidance shall include procedures providing for the exchange of information between the Secretary and the Commissioner of Social Security for purposes of this subsection.''. (b) Extension of Retirement Age in Connection With Election To Take Payroll Tax Cut.--Section 216(l) of the Social Security Act (42 U.S.C 416(l)) is amended by adding at the end the following new paragraph: ``(4)(A) For each calendar year beginning with or after 2012 for which section 601(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 applies with respect to the wages received by an individual for services rendered in such year, the retirement age (as defined in paragraph (1)) of such individual shall be increased by 1 month. ``(B) In the case of any taxable year for which such section 601(a) applies (with respect to remuneration received by an individual as self-employment income for services rendered in such taxable year), any calendar year in which such taxable year commences shall be treated as a calendar year for which such section 601(a) applies as described in subparagraph (A).''.

Social Security Preservation through Individual Choice Enhancement Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to allow individual taxpayers an election to claim the 2% reduction in employment taxes under such Act in any calendar year beginning in or after 2012. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the applicable social security retirement age by one month for each calendar year that a taxpayer elects a reduction in employment taxes under this Act.

A bill to amend the extension of the temporary employee payroll tax holiday to give individuals the choice of whether to participate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Sexual Violence Elimination Act''. SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING EDUCATION AND PREVENTION. (a) In General.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C)(iii), by striking the period at the end and inserting ``, when the victim of such crime elects or is unable to make such a report.''; and (B) in subparagraph (F)-- (i) in clause (i)(VIII), by striking ``and'' after the semicolon; (ii) in clause (ii)-- (I) by striking ``sexual orientation'' and inserting ``national origin, sexual orientation, gender identity,''; and (II) by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.''; (2) in paragraph (3), by inserting ``, that withholds the names of victims as confidential,'' after ``that is timely''; (3) in paragraph (6)(A)-- (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: ``(i) The terms `dating violence', `domestic violence', and `stalking' have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).''; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: ``(v) The term `sexual assault' means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.''; (4) in paragraph (7)-- (A) by striking ``paragraph (1)(F)'' and inserting ``clauses (i) and (ii) of paragraph (1)(F)''; and (B) by inserting after ``Hate Crime Statistics Act.'' the following: ``For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).''; (5) by striking paragraph (8) and inserting the following: ``(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's programs to prevent domestic violence, dating violence, sexual assault, and stalking; and ``(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. ``(B) The policy described in subparagraph (A) shall address the following areas: ``(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include-- ``(I) primary prevention and awareness programs for all incoming students and new employees, which shall include-- ``(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; ``(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; ``(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; ``(dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; ``(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and ``(ff) the information described in clauses (ii) through (vii); and ``(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I). ``(ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. ``(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about-- ``(I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; ``(II) to whom the alleged offense should be reported; ``(III) options regarding law enforcement and campus authorities, including notification of the victim's option to-- ``(aa) notify proper law enforcement authorities, including on-campus and local police; ``(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and ``(cc) decline to notify such authorities; and ``(IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. ``(iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that-- ``(I) such proceedings shall-- ``(aa) provide a prompt, fair, and impartial investigation and resolution; ``(bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and ``(cc) use the preponderance of the evidence standard; ``(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and ``(III) both the accuser and the accused shall be simultaneously informed, in writing, of-- ``(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; ``(bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; ``(cc) any change to the results that occurs prior to the time that such results become final; and ``(dd) when such results become final. ``(v) Information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. ``(vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. ``(vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. ``(C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B).''; (6) in paragraph (9), by striking ``The Secretary'' and inserting ``The Secretary, in consultation with the Attorney General of the United States,''; (7) by striking paragraph (16) and inserting the following: ``(16)(A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. ``(B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence- based outcome measurements.''; and (8) by striking paragraph (17) and inserting the following: ``(17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.''. (b) Effective Date.--The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year.

Campus Sexual Violence Elimination Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality; and (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses; possible sanctions or protective measures imposed following disciplinary action; procedures victims should follow after such an offense occurs; institutional disciplinary procedures; information about how the IHE will protect victim confidentiality; the written notification of students and employees concerning on-campus and community services available for victims; and the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking.

Campus Sexual Violence Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Amendment Enforcement Act''. SEC. 2. SHIPMENT OF INTOXICATING LIQUOR INTO STATE IN VIOLATION OF STATE LAW. The Act entitled ``An Act divesting intoxicating liquors of their interstate character in certain cases'', approved March 1, 1913 (commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at the end the following: ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT. ``(a) Definitions.--In this section-- ``(1) the term `attorney general' means the attorney general or other chief law enforcement officer of a State, or the designee thereof; ``(2) the term `intoxicating liquor' means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind; ``(3) the term `person' means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and ``(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ``(b) Action by State Attorney General.--If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction or other order) against the person, as the attorney general determines to be necessary to-- ``(1) restrain the person from engaging, or continuing to engage, in the violation; and ``(2) enforce compliance with the State law. ``(c) Federal Jurisdiction.-- ``(1) In general.--The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. ``(2) Venue.--An action under this section may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the intoxicating liquor resides or is found. ``(d) Requirements for Injunctions and Orders.-- ``(1) In general.--In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction or other order to restrain a violation of this section. A proper showing under this paragraph shall require clear and convincing evidence that a violation of State law as described in subsection (b) has taken place. In addition, no temporary restraining order or preliminary injunction may be granted except upon-- ``(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and ``(B) evidence supporting the probability of success on the merits. ``(2) Notice.--No preliminary injunction or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing. ``(3) Form and scope of order.--Any preliminary or permanent injunction or other order entered in an action brought under this section shall-- ``(A) set forth the reasons for the issuance of the order; ``(B) be specific in its terms; ``(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and ``(D) be binding upon-- ``(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and ``(ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise. ``(e) Additional Remedies.-- ``(1) In general.--A remedy under this section is in addition to any other remedies provided by law. ``(2) State court proceedings.--Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law. ``SEC. 3. GENERAL PROVISIONS. ``(a) Effect on Internet Tax Freedom Act.--Nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act (47 U.S.C. 151 note). ``(b) Enforcement of Twenty-First Amendment.--It is the purpose of this Act to assist the States in the enforcement of section 2 of the twenty-first article of amendment to the Constitution of the United States, and not to impose an unconstitutional burden on interstate commerce in violation of article I, section 8, of the Constitution of the United States. No State may enforce under this Act a law regulating the importation or transportation of any intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of- State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. ``(c) Support for Internet and Other Interstate Commerce.--Nothing in this Act may be construed-- ``(1) to permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or ``(2) to authorize any injunction against-- ``(A) an interactive computer service (as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); or ``(B) electronic communication service (as defined in section 2510(15) of title 18, United States Code) used by another person to engage in any activity that is subject to this Act.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendment.--The amendment made by this Act shall apply only with respect to the importation or transportation of any intoxicating liquor occurring after-- (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of the enactment of this Act, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of the enactment of this Act if this Act is enacted after October 31, 1999. SEC. 4. STUDY. The Attorney General shall submit to the Congress the results of a study to determine the impact of this Act. The Attorney General shall carry out the study required by subsection (a) and shall submit the results of such study not later than 180 days after the date of the enactment of this Act. Passed the House of Representatives August 3, 1999. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law. Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted; and (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing. Sets forth provisions regarding the form and scope of the order. Specifies that nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act. Prohibits any State from enforcing under this Act a law regulating the importation or transportation of intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of-State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. Provides that nothing in this Act may be construed to: (1) permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or (2) authorize any injunction against an interactive computer service or against an electronic communication service used by another person to engage in any activity that is subject to this Act. (Sec. 3) Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999. (Sec. 4) Directs the Attorney General to conduct and report to Congress on the impact of this Act.

Twenty-First Amendment Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``John F. Kennedy Center Parking Improvement Act of 1997''. SEC. 2. PARKING GARAGE ADDITIONS AND SITE IMPROVEMENTS. Section 3 of the John F. Kennedy Center Act (20 U.S.C. 76i) is amended-- (1) by striking the section heading and all that follows through ``The Board'' and inserting the following: ``SEC. 3. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS. ``(a) In General.--The Board''; and (2) by adding at the end the following: ``(b) Parking Garage Additions and Site Improvements.-- ``(1) In general.--Substantially in accordance with the plan entitled `Site Master Plan--Drawing Number 1997-2 April 29, 1997,' and map number NCR 844/82571, the Board may design and construct-- ``(A) an addition to the parking garage at each of the north and south ends of the John F. Kennedy Center for the Performing Arts; and ``(B) site improvements and modifications. ``(2) Availability.--The plan shall be on file and available for public inspection in the office of the Secretary of the Center. ``(3) Limitation on use of appropriated funds.--No appropriated funds may be used to pay the costs (including the repayment of obligations incurred to finance costs) of-- ``(A) the design and construction of an addition to the parking garage authorized under paragraph (1)(A); ``(B) the design and construction of site improvements and modifications authorized under paragraph (1)(B) that the Board specifically designates will be financed using sources other than appropriated funds; or ``(C) any project to acquire large screen format equipment for an interpretive theater or to produce an interpretive film that the Board specifically designates will be financed using sources other than appropriated funds.''. SEC. 3. PEDESTRIAN AND VEHICULAR ACCESS. (a) Duties of the Board.--Section 4(a)(1) of the John F. Kennedy Center Act (20 U.S.C. 76j(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; and''; and (3) by adding at the end the following: ``(I) ensure that safe and convenient access to the site of the John F. Kennedy Center for the Performing Arts is provided for pedestrians and vehicles.''. (b) Powers of the Board.--Section 5 of such Act (20 U.S.C. 76k) is amended by adding at the end the following: ``(g) Pedestrian and Vehicular Access.--Subject to approval of the Secretary of the Interior under section 4(a)(2)(F), the Board shall develop plans and carry out projects to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts.''. SEC. 4. DEFINITION OF BUILDING AND SITE. Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76s) and section 9(3) of the Act of October 24, 1951 (40 U.S.C. 193v), are each amended by inserting after ``numbered 844/82563, and dated April 20, 1994'' the following: ``(as amended by the map entitled `Transfer of John F. Kennedy Center for the Performing Arts', numbered 844/82563a and dated May 22, 1997)''. SEC. 5. CONSTRUCTION OF A CENTER FOR PERFORMING ARTS. (a) Findings.--Congress makes the following findings: (1) The United States has an enriched legacy of Hispanic influence in politics, government, economic development, and cultural expression. (2) The Hispanic culture in what is now the United States can be traced to 1528 when a Spanish expedition from Cuba to Florida was shipwrecked on the Texas coast. (3) The Hispanic culture in New Mexico can be traced to 1539 when a Spanish Franciscan Friar, Marcos de Niza, and his guide, Estevanico, traveled into present day New Mexico in search of the fabled city of Cibola and made contact with the people of Zuni. (4) The Hispanic influence in New Mexico is particularly dominant and a part of daily living for all the citizens of New Mexico, who are a diverse composite of racial, ethnic, and cultural peoples. Don Juan de Oarte and the first New Mexican families established the first capital in the United States, San Juan de los Cabelleros, in July of 1598. (5) Based on the 1990 census, there are approximately 650,000 Hispanics in New Mexico, the majority having roots reaching back ten or more generations. (6) There are an additional 200,000 Hispanics living outside of New Mexico with roots in New Mexico. (7) The New Mexico Hispanic Cultural Center is a living tribute to the Hispanic experience and will provide all citizens of New Mexico, the Southwestern United States, the entire United States, and around the world, an opportunity to learn about, partake in, and enjoy the unique Hispanic culture, and the New Mexico Hispanic Cultural Center will assure that this 400-year old culture is preserved. (8) The New Mexico Hispanic Cultural Center will teach, showcase, and share all facets of Hispanic culture, including literature, performing arts, visual arts, culinary arts, and language arts. (9) The New Mexico Hispanic Cultural Center will promote a better cross-cultural understanding of the Hispanic culture and the contributions of individuals to the society in which we all live. (10) In 1993, the legislature and Governor of New Mexico created the Hispanic Cultural Division as a division within the Office of Cultural Affairs. One of the principal responsibilities of the Hispanic Cultural Division is to oversee the planning, construction, and operation of the New Mexico Hispanic Cultural Center. (11) The mission of the New Mexico Hispanic Cultural Center is to create a greater appreciation and understanding of Hispanic culture. (12) The New Mexico Hispanic Cultural Center will serve as a local, regional, national, and international site for the study and advancement of Hispanic culture, expressing both the rich history and the forward-looking aspirations of Hispanics throughout the world. (13) The New Mexico Hispanic Cultural Center will be a Hispanic arts and humanities showcase to display the works of national and international artists, and to provide a venue for educators, scholars, artists, children, elders, and the general public. (14) The New Mexico Hispanic Cultural Center will provide a venue for presenting the historic and contemporary representations and achievements of the Hispanic culture. (15) The New Mexico Hispanic Cultural Center will sponsor arts and humanities programs, including programs related to visual arts of all forms (including drama, dance, and traditional and contemporary music), research, literary arts, genealogy, oral history, publications, and special events such as, fiestas, culinary arts demonstrations, film video productions, storytelling presentations and education programs. (16) Phase I of the New Mexico Hispanic Cultural Center complex is scheduled to be completed by August of 1998 and is planned to consist of an art gallery with exhibition space and a museum, administrative offices, a restaurant, a ballroom, a gift shop, an amphitheater, a research and literary arts center, and other components. (17) Phase II of the New Mexico Hispanic Cultural Center complex is planned to include a performing arts center (containing a 700-seat theater, a stage house, and a 300-seat film/video theater), a 150-seat black box theater, an art studio building, a culinary arts building, and a research and literary arts building. (18) It is appropriate for the Federal Government to share in the cost of constructing the New Mexico Hispanic Cultural Center because Congress recognizes that the New Mexico Hispanic Cultural Center has the potential to be a premier facility for performing arts and a national repository for Hispanic arts and culture. (b) Definitions.--In this section: (1) Center.--The term ``Center'' means the Center for Performing Arts, within the complex known as the New Mexico Hispanic Cultural Center, which Center for the Performing Arts is a central facility in Phase II of the New Mexico Hispanic Cultural Center complex. (2) Hispanic cultural division.--The term ``Hispanic Cultural Division'' means the Hispanic Cultural Division of the Office of Cultural Affairs of the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Construction of Center.--The Secretary shall award a grant to New Mexico to pay for the Federal share of the costs of the design, construction, furnishing, and equipping of the Center for Performing Arts that will be located at a site to be determined by the Hispanic Cultural Division, within the complex known as the New Mexico Hispanic Cultural Center. (d) Grant Requirements.-- (1) In general.--In order to receive a grant awarded under subsection (c), New Mexico, acting through the Director of the Hispanic Cultural Division-- (A) shall submit to the Secretary, within 30 days of the date of enactment of this section, a copy of the New Mexico Hispanic Cultural Center Program document dated January 1996; and (B) shall exercise due diligence to expeditiously execute, in a period not to exceed 90 days after the date of enactment of this section, the memorandum of understanding under paragraph (2) recognizing that time is of the essence for the construction of the Center because 1998 marks the 400th anniversary of the first permanent Spanish settlement in New Mexico. (2) Memorandum of understanding.--The memorandum of understanding described in paragraph (1) shall provide-- (A) the date of completion of the construction of the Center; (B) that Antoine Predock, an internationally recognized architect, shall be the supervising architect for the construction of the Center; (C) that the Director of the Hispanic Cultural Division shall award the contract for architectural engineering and design services in accordance with the New Mexico Procurement Code; and (D) that the contract for the construction of the Center-- (i) shall be awarded pursuant to a competitive bidding process; and (ii) shall be awarded not later than 3 months after the solicitation for bids for the construction of the Center. (3) Federal share.--The Federal share of the costs described in subsection (c) shall be 50 percent. (4) Non-federal share.--The non-Federal share of the costs described in subsection (c) shall be in cash or in kind fairly evaluated, including plant, equipment, or services. The non- Federal share shall include any contribution received by New Mexico for the design, construction, furnishing, or equipping of Phase I or Phase II of the New Mexico Hispanic Cultural Center complex prior to the date of enactment of this section. The non-Federal share of the costs described in subsection (c) shall include the following: (A) $16,410,000 that was appropriated by the New Mexico legislature since January 1, 1993, for the planning, property acquisition, design, construction, furnishing, and equipping of the New Mexico Hispanic Cultural Center complex. (B) $116,000 that was appropriated by the New Mexico legislature for fiscal year 1995 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (C) $226,000 that was appropriated by the New Mexico legislature for fiscal year 1996 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (D) $442,000 that was appropriated by the New Mexico legislature for fiscal year 1997 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (E) $551,000 that was appropriated by the New Mexico legislature for fiscal year 1998 for the startup and operating expenses of the New Mexico Hispanic Cultural Center. (F) A 10.9-acre lot with a historic 22,000 square foot building donated by the Mayor and City Council of Albuquerque, New Mexico, to New Mexico for the New Mexico Hispanic Cultural Center. (G) 12 acres of ``Bosque'' land adjacent to the New Mexico Hispanic Cultural Center complex for use by the New Mexico Hispanic Cultural Center. (H) The $30,000 donation by the Sandia National Laboratories and Lockheed Martin Corporation to support the New Mexico Hispanic Cultural Center and the program activities of the New Mexico Hispanic Cultural Center. (e) Use of Funds for Design, Construction, Furnishing, and Equipment.--The funds received under a grant awarded under subsection (c) shall be used only for the design, construction, management and inspection, furnishing, and equipment of the Center. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section a total of $17,800,000 for fiscal year 1998 and succeeding fiscal years. Funds appropriated pursuant to the authority of the preceding sentence shall remain available until expended. SEC. 6. CONSTRUCTION OF A CENTER FOR REGIONAL BLACK CULTURE. (a) Findings.--Congress makes the following findings: (1) Currently 500,000 historically important artifacts of the Civil War era and the early days of the civil rights movement in the Southeast region of the United States are housed at Florida A&M University. (2) To preserve this large repertory of African-American history and artifacts it is appropriate that the Federal Government share in the cost of construction of this national repository for culture and history. (b) Definition.--In this section: (1) Center.--The term ``Center'' relates to the Center for Historically Black Heritage at Florida A&M University. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior Acting through the director of the Park Service. (c) Construction of Center.--The Secretary shall award a grant to the State of Florida to pay for the Federal share of the costs design construction, furnishing and equipping the Center at Florida A&M University. (d) Grant Requirements.-- (1) In general.--In order to receive the grant awarded under subsection (c), Florida A&M University, shall submit to the Secretary a proposal. (2) Federal share.--The Federal share of the costs described in subsection (c) shall be 50 percent. (e) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary of the Interior to carry out this section a total of $3,800,000 for fiscal year 1998 and preceding fiscal years. Funds appropriated pursuant to the authority of the preceding sentence should remain available until expended. SEC. 7. RELOCATION AND EXPANSION OF HAFFENREFFER MUSEUM OF ANTHROPOLOGY. (a) Definitions.--In this section: (1) Museum.--The term ``Museum'' means the Haffenreffer Museum of Anthropology at Brown University in Providence, Rhode Island. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Relocation and Expansion of Museum.--The Secretary shall make a grant to Brown University in Providence, Rhode Island, to pay the Federal share of the costs associated with the relocation and expansion of the Museum, including the design, construction, renovation, restoration, furnishing, and equipping of the Museum. (c) Grant Requirements.-- (1) In general.--To receive a grant under subsection (b), the Museum shall submit to the Secretary a proposal for the use of the grant. (2) Federal share.--The Federal share of the costs described in subsection (b) shall be 20 percent. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000, to remain available until expended. SEC. 8. ENVIRONMENTAL RESEARCH CENTER. (a) In General.--The Secretary of the Interior shall award a grant to Juniata College for the construction of environmental research facilities and structures at Raystown Lake, Pennsylvania. (b) Coordination.--As a condition to receipt of the grant authorized in subsection (a), officials of Juniata College shall coordinate with the Baltimore District of the Army Corps of Engineers. (c) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section. SEC. 9. FORT PECK DAM INTERPRETIVE CENTER. (a) In General.--The Secretary of the Interior shall design, construct, furnish and equip an historical, cultural and paleontological interpretive center and museum to be located at Fort Peck Dam, Montana. (b) Coordination.--In carrying out subsection (a), the Secretary of the Interior shall coordinate with officials of the Bureau of Reclamation, Bureau of Land Management, United States Army Corps of Engineers and the Fort Peck Dam Interpretive Center and Museum. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section a total of $10,000,000. Funds appropriated are available until expended. Passed the Senate July 31, 1997. Attest: GARY SISCO, Secretary.

John F. Kennedy Center Parking Improvement Act of 1997 - Amends the John F. Kennedy Center Act to authorize the Board of Trustees for the John F. Kennedy Center for the Performing Arts, in accordance with a specified master site plan, to design and construct: (1) parking garage additions at the north and south ends of the Center; and (2) site improvements and modifications. Prohibits the use of appropriated funds for the design and construction of such garage additions or for the following activities that the Board specifically designates for financing through non-appropriated fund sources: (1) the above site improvements and modifications; and (2) acquiring large screen format equipment for an interpretive theater or for the production of an interpretive film. Requires the Board to: (1) ensure that safe and convenient Center site access is provided for pedestrians and vehicles; and (2) develop plans and carry out projects for access improvements. Directs the Secretary of the Interior to award a grant to New Mexico for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for the Performing Arts within the New Mexico Hispanic Cultural Center. Requires a Federal share of 50 percent of project costs. Requires the non-Federal share to include any contributions already received in support of the design and construction of Phase I or II of the Center complex. Authorizes appropriations. Directs the Secretary to award a grant to Florida for the Federal share of the costs of design, construction, furnishing, and equipping of the Center for Historically Black Heritage at Florida A&M University. Requires a Federal share of 50 percent of project costs. Authorizes appropriations. Directs the Secretary to make a grant to Brown University in Providence, Rhode Island, for the Federal share of the costs of the relocation and expansion of the Haffenreffer Museum of Anthropology at the University. Requires a Federal share of 20 percent of project costs. Authorizes appropriations. Directs the Secretary to award a grant to Juniata College for the construction of environmental research facilities and structures at Raystown Lake, Pennsylvania. Authorizes appropriations. Directs the Secretary to design, construct, furnish, and equip a historical, cultural, and paleontological interpretive center and museum at Fort Peck Dam, Montana. Authorizes appropriations.

John F. Kennedy Center Parking Improvement Act of 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Health Relief Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES Sec. 101. Protecting American jobs and wages. Sec. 102. Increasing flexibility for small businesses. Sec. 103. Increasing choices for Americans. Sec. 104. Protecting patients from higher premiums. Sec. 105. Ensuring affordable coverage. TITLE II--INCREASING CONSUMER CONTROL Sec. 201. Repeal of the restriction on over-the-counter medicines. Sec. 202. Repeal of the annual cap. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE Sec. 301. Allowing individuals to keep the coverage they have if they like it. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES SEC. 101. PROTECTING AMERICAN JOBS AND WAGES. Sections 1513 and 1514 and subsections (e), (f), and (g) of section 10106 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such sections and subsections are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES. Section 1302(c)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) is repealed. SEC. 103. INCREASING CHOICES FOR AMERICANS. (a) Qualified Health Plan Coverage Satisfied by High Deductible Health Plan With Health Savings Account.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended to read as follows: ``(e) High Deductible Health Plan With Health Savings Account.--A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan.''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, except'' and all that follows through ``1302(e)(2)''. (2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient Protection and Affordable Care Act (Public Law 111- 148), is amended by striking ``, except'' and all that follows through ``such Act''. (3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking ``and catastrophic coverage''. SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS. Section 9010 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10905 of such Act, is repealed. SEC. 105. ENSURING AFFORDABLE COVERAGE. Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``, except'' and all that follows through ``2707(c))''. TITLE II--INCREASING CONSUMER CONTROL SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES. Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such section are repealed and the Internal Revenue Code of 1986 shall be applied as if such section and amendments had never been enacted. SEC. 202. REPEAL OF THE ANNUAL CAP. Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and the amendments made by such sections are repealed and the Internal Revenue Code of 1986 shall be applied as if such sections and amendments had never been enacted. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY LIKE IT. (a) In General.--Section 1251(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011) is amended-- (1) by striking ``Except as provided in paragraph (3),'' and inserting the following: ``(A) In general.--Except as provided in paragraphs (3) and (4),''; and (2) by adding at the end the following: ``(B) Protecting employers and consumers with grandfathered coverage.-- ``(i) In general.--A group health plan or health insurance coverage in which an individual is enrolled on or after March 23, 2010, but before any plan year beginning not later than 1 year after the date of the enactment of this subparagraph, and which is deemed to be a grandfathered health plan under this section, shall continue to be considered a grandfathered health plan with respect to such individual regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits under such plan or coverage as otherwise permitted under this Act (and the amendments made by this Act). ``(ii) Regulations.--The Secretary shall promulgate regulations to clarify the application of clause (i) to a plan or coverage that continues to be a grandfathered health plan pursuant to such clause.''. (b) Effective Date; Previously Promulgated Regulations Voided.-- (1) Effective date.--The amendments made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. (2) Previously promulgated regulations voided.--Any regulations relating to section 1251(a)(2) of such Act promulgated before the date of the enactment of this Act shall have no force or effect.

Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market. Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin. Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act.

To lower health premiums and increase choice for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Youth Telemental Health Demonstration Project Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) suicide for Indians and Alaska Natives is 2\1/2\ times higher than the national average and the highest for all ethnic groups in the United States, at a rate of more than 16 per 100,000 males of all age groups, and 27.9 per 100,000 for males aged 15 through 24, according to data for 2002; (2) according to national data for 2002, suicide was the second-leading cause of death for Indians and Alaska Natives aged 15 through 34 and the fourth-leading cause of death for Indians and Alaska Natives aged 10 through 14; (3) the suicide rates of Indian and Alaska Native males aged 15 through 24 are nearly 4 times greater than suicide rates of Indian and Alaska Native females of that age group; (4)(A) 90 percent of all teens who die by suicide suffer from a diagnosable mental illness at the time of death; and (B) more than \1/2\ of the people who commit suicide in Indian Country have never been seen by a mental health provider; (5) death rates for Indians and Alaska Natives are statistically underestimated; (6) suicide clustering in Indian Country affects entire tribal communities; and (7) since 2003, the Indian Health Service has carried out a National Suicide Prevention Initiative to work with Service, tribal, and urban Indian health programs. (b) Purpose.--The purpose of this Act is to authorize the Secretary to carry out a demonstration project to test the use of telemental health services in suicide prevention, intervention, and treatment of Indian youth, including through-- (1) the use of psychotherapy, psychiatric assessments, diagnostic interviews, therapies for mental health conditions predisposing to suicide, and alcohol and substance abuse treatment; (2) the provision of clinical expertise to, consultation services with, and medical advice and training for frontline health care providers working with Indian youth; (3) training and related support for community leaders, family members and health and education workers who work with Indian youth; (4) the development of culturally-relevant educational materials on suicide; and (5) data collection and reporting. SEC. 3. DEFINITIONS. In this Act: (1) Demonstration project.--The term ``demonstration project'' means the Indian youth telemental health demonstration project authorized under section 4(a). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Indian.--The term ``Indian'' means any individual who is a member of an Indian tribe or is eligible for health services under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Service.--The term ``Service'' means the Indian Health Service. (7) Telemental health.--The term ``telemental health'' means the use of electronic information and telecommunications technologies to support long distance mental health care, patient and professional-related education, public health, and health administration. (8) Traditional health care practices.--The term ``traditional health care practices'' means the application by Native healing practitioners of the Native healing sciences (as opposed or in contradistinction to Western healing sciences) that-- (A) embody the influences or forces of innate Tribal discovery, history, description, explanation and knowledge of the states of wellness and illness; and (B) call upon those influences or forces in the promotion, restoration, preservation, and maintenance of health, well-being, and life's harmony. (9) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT. (a) Authorization.-- (1) In general.--The Secretary is authorized to carry out a demonstration project to award grants for the provision of telemental health services to Indian youth who-- (A) have expressed suicidal ideas; (B) have attempted suicide; or (C) have mental health conditions that increase or could increase the risk of suicide. (2) Eligibility for grants.--Grants described in paragraph (1) shall be awarded to Indian tribes and tribal organizations that operate 1 or more facilities-- (A) located in Alaska and part of the Alaska Federal Health Care Access Network; (B) reporting active clinical telehealth capabilities; or (C) offering school-based telemental health services relating to psychiatry to Indian youth. (3) Grant period.--The Secretary shall award grants under this section for a period of up to 4 years. (4) Maximum number of grants.--Not more than 5 grants shall be provided under paragraph (1), with priority consideration given to Indian tribes and tribal organizations that-- (A) serve a particular community or geographic area in which there is a demonstrated need to address Indian youth suicide; (B) enter into collaborative partnerships with Service or other tribal health programs or facilities to provide services under this demonstration project; (C) serve an isolated community or geographic area which has limited or no access to behavioral health services; or (D) operate a detention facility at which Indian youth are detained. (b) Use of Funds.--An Indian tribe or tribal organization shall use a grant received under subsection (a) for the following purposes: (1) To provide telemental health services to Indian youth, including the provision of-- (A) psychotherapy; (B) psychiatric assessments and diagnostic interviews, therapies for mental health conditions predisposing to suicide, and treatment; and (C) alcohol and substance abuse treatment. (2) To provide clinician-interactive medical advice, guidance and training, assistance in diagnosis and interpretation, crisis counseling and intervention, and related assistance to Service or tribal clinicians and health services providers working with youth being served under the demonstration project. (3) To assist, educate, and train community leaders, health education professionals and paraprofessionals, tribal outreach workers, and family members who work with the youth receiving telemental health services under the demonstration project, including with identification of suicidal tendencies, crisis intervention and suicide prevention, emergency skill development, and building and expanding networks among those individuals and with State and local health services providers. (4) To develop and distribute culturally-appropriate community educational materials on-- (A) suicide prevention; (B) suicide education; (C) suicide screening; (D) suicide intervention; and (E) ways to mobilize communities with respect to the identification of risk factors for suicide. (5) To conduct data collection and reporting relating to Indian youth suicide prevention efforts. (c) Applications.--To be eligible to receive a grant under subsection (a), an Indian tribe or tribal organization 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-- (1) a description of the project that the Indian tribe or tribal organization will carry out using the funds provided under the grant; (2) a description of the manner in which the project funded under the grant would-- (A) meet the telemental health care needs of the Indian youth population to be served by the project; or (B) improve the access of the Indian youth population to be served to suicide prevention and treatment services; (3) evidence of support for the project from the local community to be served by the project; (4) a description of how the families and leadership of the communities or populations to be served by the project would be involved in the development and ongoing operations of the project; (5) a plan to involve the tribal community of the youth who are provided services by the project in planning and evaluating the mental health care and suicide prevention efforts provided, in order to ensure the integration of community, clinical, environmental, and cultural components of the treatment; and (6) a plan for sustaining the project after Federal assistance for the demonstration project has terminated. (d) Traditional Health Care Practices.--The Secretary, acting through the Service, shall ensure that the demonstration project involves the use and promotion of the traditional health care practices of the Indian tribes of the youth to be served. (e) Collaboration.--The Secretary, acting through the Service, shall encourage Indian tribes and tribal organizations receiving grants under this section to collaborate to enable comparisons about best practices across projects. (f) Annual Report.--Each grant recipient shall submit to the Secretary an annual report that-- (1) describes the number of telemental health services provided; and (2) includes any other information that the Secretary may require. (g) Report to Congress.--Not later than 270 days after the date of termination of the demonstration project, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Resources and the Committee on Energy and Commerce of the House of Representatives a final report that-- (1) describes the results of the projects funded by grants awarded under this section, including any data available that indicate the number of attempted suicides; (2) evaluates the impact of the telemental health services funded by the grants in reducing the number of completed suicides among Indian youth; (3) evaluates whether the demonstration project should be-- (A) expanded to provide more than 5 grants; and (B) designated a permanent program; and (4) evaluates the benefits of expanding the demonstration project to include urban Indian organizations. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2007 through 2010. Passed the Senate May 11, 2006. Attest: EMILY J. REYNOLDS, Secretary.

Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide. Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network; (2) reporting active clinical telehealth capabilities; or (3) offering school-based telemental health services relating to psychiatry to Indian youth.

A bill to establish an Indian youth telemental health demonstration project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Gardening and Nutrition Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) A community garden improves the quality of life, encourages self-reliance, produces highly nutritious food, reduces family food budgets, and creates opportunities for recreation, social interaction, exercise, education, and economic development for people participating in the garden. (2) The creation of community gardens has been an effective approach to cleaning up and maintaining abandoned vacant lots. (3) Many community gardens donate fresh fruits and vegetables to local food pantries, cooperatives, and homeless members of the community, and provide for a source of fresh fruits and vegetables for participants of the gardens. (4) An August 2013 report by the Union of Concerned Scientists entitled ``The $11 Trillion Reward'' concluded that if Americans were to eat 2.5 cups of vegetables and 2 cups of fruit daily, as recommended by Federal dietary guidelines, nearly 130,000 deaths could be prevented and $17 billion could be saved in medical costs. (5) The Department of Health and Human Services recommends eating more dark green vegetables, legumes, and fruits; and eating fewer refined grains, less fat, and fewer calories. (6) A 2010 review of the Nutritional Implications of Farmers' Markets and Community Gardens published by the Journal of the American Dietetic Association found that community gardens promote healthy behaviors. (7) A 2011 pilot study entitled ``LA Sprouts'' published by the Journal of the American Dietetic Association found that teaching gardening and nutrition improved the dietary intakes of children and reduced childhood obesity. SEC. 3. COMMUNITY GARDEN PILOT PROGRAM. (a) Purpose.--Section 103(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(a)) is amended-- (1) in paragraph (12) by striking ``and'' at the end; (2) in paragraph (13) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(14) in establishing initiatives that address the health and nutrition of individuals in low-income and underserved communities, including by-- ``(A) creating new community gardens and supporting and expanding existing community gardens; ``(B) recruiting local community members to actively engage in community gardens and gardening projects; ``(C) transforming vacant places into community garden plots; ``(D) increasing access for community members to healthy foods and local foods while also encouraging community members to stay active; ``(E) expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening programs; and ``(F) developing initiatives that increase access to healthy, locally grown foods for the community at large.''. (b) Establishment.--Part A of title I of such Act (42 U.S.C. 4951 et seq.) is amended by adding at the end the following: ``SEC. 110. COMMUNITY GARDEN PILOT PROGRAM. ``(a) The Director shall establish a Community Garden Pilot Program for the purpose of carrying out the work described under section 103(a)(14). In conducting the Program, the Director shall carry out no less than 40 projects. ``(b) In carrying out the Program established under subsection (a), the Director shall give priority to-- ``(1) volunteers with experience in health, nutrition, and gardening; ``(2) projects located in varied geographic regions; and ``(3) selecting a balance of urban and rural projects.''. (c) Authorization.--Section 501(a) of such Act (42 U.S.C. 5081(a)) is amended by-- (1) redesignating paragraph (3) as paragraph (4); and (2) inserting after paragraph (2) the following: ``(3) Community garden pilot program.--There are authorized to be appropriated to carry out section 110 of part A of title I $4,000,000 for fiscal year 2014 and such sums shall remain available until expended.''. (d) Clerical Amendment.--The table of contents in section 1(b) of such Act (42 U.S.C. 4950) is amended by adding after the item relating to section 109 the following new item: ``Sec. 110. Community Garden Pilot Program.''. SEC. 4. REPORT. Not later than 90 days after the completion of the Community Garden Pilot Program established under section 110(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951(a)), the Assistant Director appointed pursuant to section 194(d)(1)(A) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(d)(1)(A)), shall submit to Congress a report containing-- (1) a description of the projects and volunteer placements under the Program; (2) results and analysis of completed projects under the Program; and (3) any recommendations for continuation of the Program.

Community Gardening and Nutrition Act of 2014 - Amends the Domestic Volunteer Service Act of 1973 to require the Director of the Corporation for National and Community Service to establish a Community Garden Pilot Program under the Volunteers in Service to America (VISTA) program. Requires the Program to address the health and nutrition of individuals in low-income and underserved communities through activities that include: creating new community gardens and supporting and expanding existing community gardens; recruiting local community members to actively engage in community gardens and gardening projects; transforming vacant places into community garden plots; increasing community members' access to healthy foods and local foods while also encouraging them to stay active; expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening; and developing initiatives that increase the community's access to healthy, locally grown foods. Requires the Director to carry out at least 40 projects under the Program. Requires the Director to give priority to: (1) volunteers with experience in health, nutrition, and gardening; (2) projects located in varied geographic regions; and (3) selecting a balance of urban and rural projects.

Community Gardening and Nutrition Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Act of 2017''. SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS DISPENSED TO LOW-INCOME INDIVIDUALS. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting ``and subsection (f)'' after ``this subsection''; and (2) by adding at the end the following new subsection: ``(f) Prescription Drug Rebate Agreement for Rebate Eligible Individuals.-- ``(1) Requirement.-- ``(A) In general.--For plan years beginning on or after January 1, 2019, in this part, the term `covered part D drug' does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). ``(B) 2018 plan year requirement.--Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2018, and ending on December 31, 2018, shall not be included as a `covered part D drug' for the subsequent plan year. ``(2) Rebate agreement.--A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2017, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2017, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D- 12(b)(7), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). ``(3) Rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of-- ``(i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low- income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively; and ``(ii) the amount (if any) by which-- ``(I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds ``(II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. ``(B) Medicaid rebate amount.--For purposes of this paragraph, the term `Medicaid rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period-- ``(i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, if any, specified in subparagraph (A)(ii) of paragraph (2) of such section, for such form, strength, and period; or ``(ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period. ``(C) Average medicare drug program rebate eligible rebate amount.--For purposes of this subsection, the term `average Medicare drug program rebate eligible rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering an MA-PD plan under part C, of-- ``(i) the product, for each such sponsor or organization, of-- ``(I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) or any discounts under the program under section 1860D-14A) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA-PD enrollees who are not rebate eligible individuals; and ``(II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA-PD plans administered by the MA organization; divided by ``(ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA- PD plans administered by MA organizations. ``(D) Use of estimates.--The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D- 12(b)(7)(B). ``(4) Length of agreement.--The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section. ``(5) Other terms and conditions.--The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection. ``(6) Definitions.--In this subsection and section 1860D- 12(b)(7): ``(A) Rebate eligible individual.--The term `rebate eligible individual' means-- ``(i) a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(ii) a Medicaid beneficiary treated as a subsidy eligible individual under clause (v) of section 1860D-14(a)(3)(B); and ``(iii) any part D eligible individual not described in clause (i) or (ii) who is determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(B) Rebate period.--The term `rebate period' has the meaning given such term in section 1927(k)(8).''. (b) Reporting Requirement for the Determination and Payment of Rebates by Manufacturers Related to Rebate for Rebate Eligible Medicare Drug Plan Enrollees.-- (1) Requirements for pdp sponsors.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--For purposes of the rebate under section 1860D-2(f) for contract years beginning on or after January 1, 2019, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C). ``(B) Report form and contents.--Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer-- ``(i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period; ``(ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period; ``(iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and ``(iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period. Such report shall be in a form consistent with a standard reporting format established by the Secretary. ``(C) Submission to secretary.--Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation. ``(D) Confidentiality of information.--The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except-- ``(i) that any reference to `this section' in clause (i) of such subparagraph shall be treated as being a reference to this section; ``(ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and ``(iii) clause (iv) of such subparagraph shall not apply. ``(E) Oversight.--Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations. ``(F) Penalties for failure to provide timely information and provision of false information.--In the case of a PDP sponsor-- ``(i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or ``(ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (2) Application to ma organizations.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end the following: ``(D) Reporting requirement related to rebate for rebate eligible medicare drug plan enrollees.--Section 1860D-12(b)(7).''. (c) Deposit of Rebates Into Medicare Prescription Drug Account.-- Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c)) is amended by adding at the end the following new paragraph: ``(6) Rebate for rebate eligible medicare drug plan enrollees.--Amounts paid under a rebate agreement under section 1860D-2(f) shall be deposited into the Account.''. (d) Exclusion From Determination of Best Price and Average Manufacturer Price Under Medicaid.-- (1) Exclusion from best price determination.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts paid under a rebate agreement under section 1860D-2(f)'' after ``this section''. (2) Exclusion from average manufacturer price determination.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended-- (A) in subclause (IV), by striking ``and'' after the semicolon; (B) in subclause (V), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(VI) amounts paid under a rebate agreement under section 1860D-2(f).''.

Medicare Drug Savings Act of 2017 This bill requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services (CMS) for prescription drugs dispensed to eligible low-income individuals under the Medicare prescription drug benefit or a Medicare Advantage (MA) prescription drug plan (PDP). Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report, both to drug manufacturers and to the CMS, specified information related to the determination and payment of such rebates.

Medicare Drug Savings Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Advertising and Promotion Studies Act of 1994''. SEC. 2. FINDINGS. (a) Advertising.--The Congress makes the following findings respecting advertising of tobacco products: (1) The tobacco industry spends over $4 billion annually to advertise and promote cigarette products. (2) Since 1964, the tobacco industry has had a voluntary advertising code which it claims was implemented to sufficiently ensure against children and teenagers being encouraged to smoke cigarettes and which, according to the tobacco industry, prohibits the advertising of cigarette products from making implied or direct health claims. (3) The voluntary advertising code which the tobacco industry claims is a sufficient safeguard against improper advertising and marketing practices recommends that cigarette advertising shall not suggest that cigarette smoking is ``essential'' to sexual attraction, success, sophistication, or good health and that models in cigarette advertisements shall be at least 25 years of age and shall not be made to appear under such age. (4) Despite the existence of, and alleged compliance by the tobacco industry with, the voluntary advertising code, a number of studies have shown that cigarette advertising may be an important factor in encouraging youth, women, and minorities to take up the cigarette smoking habit and may reinforce decisions to continue to smoke. (b) Women.--The Congress makes the following findings respecting women and tobacco: (1) The fastest growing sector of smokers in the United States are women under the age of 23. Approximately 2,000 girls and young women smoke their first cigarette every day. (2) It is expected that between the years 2005 and 2010, the number of women dying from smoking related diseases will exceed the number of men so dying. (3) Each year tobacco kills more than 147,000 women in the United States, mostly through cigarette smoking induced heart disease, lung cancer, and other lung diseases. (4) As smoking by women has increased, lung cancer in women has skyrocketed. In 1987 lung cancer surpassed breast cancer as the leading cancer killer of women. (5) Women who smoke as little as 1 to 4 cigarettes each day increase their risk of heart attack by 2 to 3 times. (6) In 1991 for the first time in more than a decade the prevalence of smoking among women actually increased rather than decreased. (7) Women who smoke cigarettes during pregnancy increase the risk for low birth weight and premature infants, miscarriage, stillbirths, sudden infant death syndrome, and infant mortality. (8) Pregnant women who smoke deliver babies an average of one-half inch shorter and 7 ounces lighter than the babies of nonsmoking mothers. There is a 25 to 50 percent higher rate of fetal and infant death among women who smoke during pregnancy compared with those who do not smoke. It is estimated that 4,000 infants die each year because of their mother's smoking. (9) Approximately 44 percent of all women who currently smoke have attempted to quit smoking in the past year. (10) Cigarette smoking increases women's risk of contracting cervical cancer. (c) Minorities.--The Congress makes the following findings respecting minorities and tobacco: (1) Tobacco use by African-Americans is responsible for nearly 48,000 deaths each year in the United States. (2) Tobacco companies aggressively target members of the African-American community and the growing Hispanic population, particularly in the urban, inner-city environment. (3) As of 1991, 29.2 percent of African-American adults (aged 18 and older) smoked cigarettes, including 35.1 percent of African-American men and 24.4 percent of African-American women. (4) As of 1991, 16 percent of Asian/Pacific Islander adults (aged 18 and older) smoked cigarettes, including 24.2 percent of Asian/Pacific Islander men and 7.5 percent of Asian/Pacific Islander women. (5) As of 1991, 31.4 percent of American Indian/Alaskan Natives adults (aged 18 and older) smoked cigarettes, including 27.9 percent of American Indian/Alaskan Natives men and 35.2 percent of American Indian/Alaskan Natives women. (6) As of 1991, 20.2 percent of Hispanic adults (aged 18 and older) smoked cigarettes, including 25.2 percent of Hispanic men and 15.5 percent of Hispanic women. (7) African Americans suffer from tobacco-related disease at a higher rate than whites, including a higher incidence of respiratory system, esophagus, and oral cavity cancers. (8) Lung cancer is increasing among Hispanic men. SEC. 3. TOBACCO ADVERTISING STUDIES. (a) Studies.--The Federal Trade Commission shall conduct the following studies which should be based on existing studies and on significant original market research: (1) Women and minorities.--A study of current tobacco advertising to determine-- (A) if and in what forms such advertising and promotion uses themes, graphics, and techniques which are likely to appeal specifically to (i) girls and women and (ii) minorities in ways that make smoking attractive to them, and (B) whether targeting girls, women, and minorities increases tobacco use. In connection with such study, advertising of alcoholic beverages shall be reviewed to determine the extent to which such advertising targets girls and women and minorities. (2) Weight loss and maintenance.-- (A) In general.--A study of current cigarette advertising and promotion to investigate the targeting of girls and women in cigarette advertising and promotion and tobacco companies' use of messages in their advertising and promotion, explicitly or implicitly, concerning weight loss and weight maintenance, the wording and overall imagery used in such advertising and promotion and its impact on girls and women, and the perception of girls and women, including smokers and non-smokers, of the relation between the use of tobacco and weight control and maintenance. (B) Terms and imagery.--In conducting the study under subparagraph (A), the Federal Trade Commission shall examine the following: (i) Whether women interpret the use of the terms ``slim'', ``light'', ``thin'', ``superslim'', and related terms and the shape of cigarettes employing such terms as implying that cigarette smoking results in weight loss or weight maintenance. (ii) Whether girl's and women's interpretation of such terms and imagery accurately reflects the actual effect of cigarette smoking on weight. In particular, whether girls and women are knowledgeable about the transient and reversible nature of any smoking induced weight loss, the precise magnitude of weight loss which may be experienced upon the taking up of smoking, and the precise magnitude of weight gain which may be experienced upon smoking cessation. (iii) The relative impact of cigarette smoking on the health of girls and women and whether or not girls and women are knowledgeable about the impact of smoking on their health. (iv) Whether the Federal Trade Commission has authority to take action with respect to advertising and promotion using such terms and imagery. (v) To the extent that the Federal Trade Commission does not have the authority to take needed action, what legislation is needed to enable the Commission to take action necessary to fully remedy the study's findings. (3) Low yield tobacco products.-- (A) In general.--A study of current cigarette advertising and promotion to investigate the apparent targeting of girls and women and tobacco companies use of messages concerning so called low tar/low nicotine cigarettes (hereafter in this paragraph referred to as ``low yield cigarettes''). This shall include the wording and overall imagery used in advertising and promotion for low yield cigarettes and the impact of such advertising and promotion on both male and female user's perception of the relative risk of smoking such cigarettes as opposed to the smoking of non low yield cigarettes or quitting smoking. (B) Terms.--In conducting the study under subparagraph (A), the Federal Trade Commission shall examine the following: (i) Whether men and women tend to interpret messages and imagery used in the advertising and promotion of low yield cigarettes to indicate that smoking such cigarettes is less hazardous than smoking other cigarettes. The Commission shall look at consumer's perception of a wide range of health risks, including cardiovascular disease, lung and other cancers, pulmonary diseases, risks during pregnancy, risk of environmental tobacco smoke exposure to surrounding individuals, and other risks and attempt to quantify the degree of risk reduction perceived by the reasonable consumer. In addition, the Commission shall examine whether the perception of male and female smokers differ in this regard. (ii) Whether men's and women's interpretation of the wording and imagery used in advertising and promotion of low yield cigarettes, as determined under clause (i), accurately reflects the health hazards of cigarettes. (iii) Whether men and women who smoke are likely to be influenced to smoke low yield cigarettes rather than quit smoking because of the advertising and promotion of such cigarettes. In this regard, the Commission shall examine whether smokers tend to differ according to whether or not they report being concerned about smoking's negative impact on their health and whether male and female smokers tend to differ from each other in this regard. (iv) The relative likely impact of smoking of low yield cigarettes on men's and women's health relative to quitting smoking. (v) Whether the Federal Trade Commission has the authority to take action with respect to advertising and promotion of low yield cigarettes. (vi) To the extent that the Commission does not have the authority to take needed action, what legislation is needed to enable the Commission to take action necessary to fully remedy the study's findings. (4) Demographics.-- (A) In general.--A study of the demographics of targeted audiences of cigarette advertising and promotions which appear to be targeted at girls, women, and minorities, including the age, gender, race, ethnicity, and socio-economic groups of the girls, women, and minorities and, in the case of minorities, the demographics of such advertising and promotions for smokeless tobacco products. (B) Focus.--In conducting the study under subparagraph (A), the Federal Trade Commission shall identify-- (i) the media used to apparently target the groups described in subparagraph (A), including the types of publications used with their demographic profile, including the demographic profile of readers under the age of 18, (ii) the types of promotions used, giving information about specific venues, and (iii) the amount of money spent in each category. (b) Report.--The Federal Trade Commission shall complete each of the studies identified in subsection (a) not later than 9 months after the date of the enactment of this Act and shall, not later than 12 months after such date, report to the Congress-- (1) the results of such studies, (2) whether the Federal Trade Commission has the authority to take action on the study's findings, (3) any actions the Commission proposes to take on the basis of such findings, and (4) to the extent that the Commission does not have the authority to take needed action, what legislation is needed to enable the Commission to take action necessary to fully remedy the study's findings.

Tobacco Advertising and Promotion Studies Act of 1994 - Directs the Federal Trade Commission to study and report to the Congress on specified aspects of tobacco advertising and promotion targeted at women and certain ethnic groups.

Tobacco Advertising and Promotion Studies Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Quality Diabetes Education Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Centers for Disease Control and Prevention (hereinafter ``CDC'') report that nearly 26,000,000 Americans have diabetes, in addition to an estimated 79,000,000 Americans who have prediabetes, an increase of 24,000,000 Americans with either diabetes or prediabetes since 2008. People with prediabetes are at increased risk of developing Type 2 diabetes or cardiovascular disease. (2) Diabetes impacts 8.3 percent of all Americans and 11.3 percent of American adults. The CDC estimates that as many as 1 in 3 Americans will have diabetes by 2050 if current trends continue. (3) According to the American Diabetes Association, the total costs of diagnosed diabetes have risen to $245 billion in 2012 from $174 billion in 2007, when the cost was last examined by the CDC. This figure represents a 41 percent increase over a five-year period. (4) One in 3 Medicare dollars is currently spent on people with diabetes. (5) There were 11.3 million diabetes related emergency room visits in 2008, compared with 9.5 million in 2000, an increase of 11 percent. (6) According to the CDC, health care providers are finding statistically significant increases in the prevalence of Type 2 diabetes in children and adolescents. (7) Diabetes self-management training (hereinafter ``DSMT''), also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them manage medications, address nutritional issues, facilitate diabetes-related problem solving, and make other critical lifestyle changes to effectively manage their diabetes. Evidence shows that individuals participating in DSMT programs are able to progress along the continuum necessary to make sustained behavioral changes in order to manage their diabetes. (8) A certified diabetes educator is a State licensed or registered health care professional who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (9) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes and is a vital component of an overall diabetes treatment regimen. Patients who have received training from a certified diabetes educator are better able to implement the treatment plan received from a physician skilled in diabetes treatment. (10) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (11) In recognition of the important role of DSMT programs, the CDC in 2012 awarded funding to expand the National Diabetes Prevention Program to help prevent the onset of Type 2 diabetes for individuals at high risk. (12) The net savings to the Medicare program of ensuring that beneficiaries have access to quality DSMT is estimated to be $2,000,000,000 over 10 years. (13) Despite its effectiveness in reducing diabetes-related complications and associated costs, diabetes self-management training has been recognized by the Centers for Medicare & Medicaid Services as an underutilized Medicare benefit, even after more than a decade of coverage. (14) Enhancing access to diabetes self-management training programs that are certified as necessary by the patient's treating physician and taught by certified diabetes educators is an important public policy goal that can help improve health outcomes, ensure quality, and reduce escalating diabetes- related health costs. SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS AUTHORIZED PROVIDERS OF MEDICARE DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING SERVICES. (a) In General.--Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended-- (1) in paragraph (1), by striking ``by a certified provider (as described in paragraph (2)(A)) in an outpatient setting'' and inserting ``in an outpatient setting by a certified diabetes educator (as defined in paragraph (3)) or by a certified provider (as described in paragraph (2)(A))''; and (2) by adding at the end the following new paragraphs: ``(3) For purposes of paragraph (1), the term `certified diabetes educator' means an individual-- ``(A) who is licensed or registered by the State in which the services are performed as a certified diabetes educator; or ``(B) who-- ``(i) is licensed or registered by the State in which the services are performed as a health care professional; ``(ii) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition; and ``(iii) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). ``(4) For purposes of paragraph (3)(B)(iii), the term `recognized certifying body' means a certifying body for diabetes educators which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary.''. (b) Treatment as a Practitioner, Including for Telehealth Services.--Section 1842(b)(18)(C) of the such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A certified diabetes educator (as defined in section 1861(qq)(3)).''. (c) GAO Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (d) AHRQ Development of Recommendations for Outreach Methods and Report.-- (1) Development of recommendations.--The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate physicians and other health care providers as well as the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (e) Effective Date.--The amendments made by this section shall apply to items and services furnished after the end of the 12-month period beginning on the date of the enactment of this Act.

Access to Quality Diabetes Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to recognize state-licensed or -registered certified diabetes educators or state-licensed or -registered health care professionals who specialize in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual's diabetic condition and are certified as a diabetes educator by a recognized certifying body. Directs the Comptroller General (GAO) to study the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Requires the Director of the Agency for Health Care Research and Quality of the Department of Health and Human Services (HHS) to develop a series of recommendations on effective outreach methods to educate primary care physicians and other health care providers as well as the public about the benefits of diabetes self-management training.

Access to Quality Diabetes Education Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lorton Correctional Complex Closure Act''. SEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX. (a) In General.--Notwithstanding any other provision of law, not later than 6 years after the date of the enactment of this Act, all real property and improvements thereon comprising the Lorton Correctional Complex as of the date of the enactment of this Act (other than any such property retained by the District of Columbia under the Implementation Plan described in section 4) shall be transferred to the Administrator of General Services for disposal in accordance with the Implementation Plan described in section 4. (b) Prohibiting Placement of Future District of Columbia Prison Facilities in Virginia.--No prison, penitentiary, jail, correctional institution, or related facility of the District of Columbia may be established in the Commonwealth of Virginia after the date of the enactment of this Act without the approval of the Governor of Virginia. SEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS. (a) Transfer to Federal Custody.-- (1) In general.--Notwithstanding any other provision of law, any District of Columbia felon who is committed to the custody of the Attorney General for a term of imprisonment on or after the date of the enactment of this Act shall be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of District of Columbia felons is similar to the treatment of other individuals under the control of the Director of the Bureau of Prisons. (2) Transition rule.--In the case of an individual convicted of a felony in the Superior Court of the District of Columbia who is under the custody and control of the Director of the District of Columbia Department of Corrections as of the date of the enactment of this Act, the individual shall be transferred to the control of the Director of the Bureau of Prisons not later than 5 years after the date of the enactment of this Act. (3) Conforming amendment.--Section 4042 of title 18, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) provide suitable quarters and provide for the safekeeping, care and subsistence and for the protection, instruction and discipline of all District of Columbia felons (as defined in section 3(b) of the Lorton Correctional Complex Closure Act) who are sentenced to death or committed to the custody of the Attorney General for a term of imprisonment.''. (b) District of Columbia Felon Defined.--The term ``District of Columbia felon'' means an individual convicted in the Superior Court of the District of Columbia of an offense punishable by death or imprisonment for a term exceeding one year (without regard to the sentence actually imposed), but does not include any individual convicted in the Superior Court of the District of Columbia of a misdemeanor offense, as a juvenile offender, or any person detained pending trial in the Superior Court of the District of Columbia. SEC. 4. IMPLEMENTATION PLAN. (a) Description of Plan.--In accordance with the process described in subsection (b), not later than 18 months after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress an Implementation Plan for the closure of the Lorton Correctional Complex which shall identify actions with respect to each of the following: (1) The future use of the land on which the Complex is located, including (if appropriate) plans for a regional park at the site. (2) The need to address the impact of such future uses on local and regional transportation resources. (3) If appropriate, the transfer of real property and improvements thereon to Federal agencies (including the Bureau of Prisons) for Federal use, the Government of the District of Columbia, or any other governmental entity. (4) If appropriate, the disposal of real property or improvements thereon. (5) Changes in law or regulation necessary to effect the purposes of this Act and the closure of the Lorton Correctional Complex. (6) Such other actions as considered appropriate by the Administrator to effectively implement this Act. (b) Process for Submission of Final Implementation Plan.-- (1) Development and submission of initial proposal by commission.--Not later than 13 months after the date of the enactment of the Act, the Commission shall develop and submit to the Administrator a proposal for the Implementation Plan. (2) Review of commission proposal.--Not later than 4 months after receiving the proposal for the Implementation Plan from the Commission under paragraph (1), the Administrator shall submit a proposal for the Plan to the Commission for comment and review. (3) Comments of commission.--During the 1-month period beginning on the date the Administrator submits the proposed final Implementation Plan to the Commission under paragraph (2), the Commission and each of its members may submit comments on the Plan to the Administrator. Any comments made by the Commission or any individual commissioner shall be transmitted by the Administrator with the final Implementation Plan under paragraph (4). (4) Submission of final plan.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress the final Implementation Plan for the closure of the Lorton Correctional Complex. (c) Automatic Implementation of Plan.--The Implementation Plan submitted by the Administrator under subsection (b)(4) shall take effect at the end of the 60-day period beginning on the day such plan is transmitted to the Speaker of the House of Representatives and the President of the Senate. SEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX. (a) Establishment.--There is hereby established a commission to be known as the Commission on Closure of the Lorton Correctional Complex. (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 11 members appointed not later than 1 month after the date of the enactment of this Act as follows: (A) The Fairfax County Board of Supervisors shall appoint 5 members, one of which shall be specially qualified by training and experience in matters relating to regional transportation problems and issues. (B) The Prince William County Board of Supervisors shall appoint 3 members. (C) The Mayor of the District of Columbia, with the advice and consent of the District of Columbia City Council, shall appoint 2 members. (D) The Administrator shall serve as an ex officio member. (2) Continuation of membership.-- (A) General rule.--Except as provided in subparagraph (B), if a member was appointed to the Commission because the member was an officer or employee of any government or if a member is appointed to the Commission and later becomes an officer or employee of a government, the member may continue service on the Commission for not longer than the 30- day period beginning on the date the member ceases to be such an officer or employee or becomes such an officer or employee, as the case may be. (B) Exception.--Service as a member of the Commission shall not be discontinued pursuant to subparagraph (A) in the case of a member who has served on the Commission for not less than 3 months. (3) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term, except that a member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Compensation.--No member of the Commission may receive additional pay, allowances, or benefits by reason of service on the Commission. (6) Quorum.--6 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (7) Chairperson; vice chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by a majority of the members of the Commission. (c) Director and Staff; Experts and Consultants.-- (1) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission and paid at the rate of basic pay payable for Level III of the Executive Schedule. (2) Appointment and pay of staff.--The Commission may appoint such personnel as it considers appropriate without regard to the provisions of title 5, United States Code, governing appointment to the competitive service. Such personnel shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (3) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) 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 it in carrying out its duties. (d) Powers.-- (1) Hearings and sessions.-- (A) In general.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out its duties under this Act. The Commission may administer oaths or affirmations to witnesses appearing before it. (B) Maximization of local involvement.--The Commission shall hold its hearings in a place and manner which maximizes local community involvement, input, and participation. (2) 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. (3) Information.--The Commission may secure directly from any department or agency of the United States any information necessary to enable it to carry out its duties under this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission to the extent otherwise permitted by law. (4) Gifts and donations.--The Commission may accept, use, and dispose of gifts or donations of services or property. (5) 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. (6) Administrative support services.--The Administrator shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (e) Termination.--The Commission shall terminate 30 days after submitting its final comments pursuant to section 4(b)(3). (f) Authorization of Appropriations.--There is authorized to be appropriated to the Commission for carrying out its duties under this Act an amount not to exceed $200,000. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services or the Administrator's designated representative. (2) Commission.--The term ``Commission'' means the Commission on Closure of the Lorton Correctional Complex established under section 5(a). (3) Lorton correctional complex.--The term ``Lorton Correctional Complex'' means any District of Columbia correctional, reformatory, or related facility which is located in the Commonwealth of Virginia and which is operated under the authority, control, supervision or management of the District of Columbia Department of Corrections, the Mayor of the District of Columbia, or any other agency or official of the District of Columbia. (4) Implementation plan.--The term ``Implementation Plan'' means the Implementation Plan described in section 4.

Lorton Correctional Complex Closure Act - Transfers the Lorton Correctional Complex to the Administrator of General Services (within six years) for disposal in accordance with an implementation plan for the closure of the Complex. Prohibits the establishment of any future District of Columbia (DC) prison facility in Virginia without the approval of the Governor of Virginia. Directs that any DC felon (excluding any individual convicted of a misdemeanor, as a juvenile offender, or any person detained pending trial in DC Superior Court) who is committed to the custody of the Attorney General for a term of imprisonment on or after the enactment date of this Act be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of such felons is similar to that of others under the control of the Director. Sets forth transition provisions. Requires the Administrator to submit to the Congress an implementation plan for the closure of the Complex which shall identify actions with respect to the future use of the land on which the Complex is located and other specified issues. Establishes a Commission on Closure of the Lorton Correctional Complex. Sets forth provisions regarding: (1) a process for submission of the final implementation plan; (2) review of the Commission's proposal; (3) comments by the Commission and its members on the plan to the Administrator; (4) submission of a final plan; (5) automatic implementation of the plan; (6) membership, terms, vacancies, compensation, powers, and termination of the Commission; and (7) staff, experts, and consultants to the Commission. Authorizes appropriations.

Lorton Correctional Complex Closure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Protection and Infrastructure Act of 1998''. SEC. 2. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED STATES BORDER. (a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements ``(a) Whoever attempts to commit or commits a crime of violence during and in relation to-- ``(1) attempting to elude or eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or ``(2) an intentional violation of arrival, reporting, entry, or clearance requirements, as set forth in a provision of law listed in subsection (c); shall be fined under this title or imprisoned for not more than 5 years, or both, except that if bodily injury (as defined in section 1365(g) of this title) results, the maximum term of imprisonment is 10 years, and if death results, the offender may be imprisoned for any term of years or for life, and may be sentenced to death. ``(b) If 2 or more persons conspire to commit an offense under subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed. ``(c) The provisions of law referred to in subsection (a) are-- ``(1) section 107 of the Federal Plant Pest Act (7 U.S.C. 150ff); ``(2) section 7 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2806); ``(3) section 431, 433, 434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 1434, 1459); ``(4) section 6 of the Act of August 30, 1890 (21 U.S.C. 105; Chapter 839, 26 Stat. 416); ``(5) section 2 of the Act of February 2, 1903 (21 U.S.C. 111; Chapter 349, 32 Stat. 791); ``(6) section 231, 232, 234, 235, 236, 237, or 238 of the Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224, 1225, 1226, 1227, 1228); or ``(7) section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91), section 111 of title 21, United States Code.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 27 of title 18, United States Code, is amended by inserting at the end the following new item: ``554. Violence while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements.''. SEC. 3. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE. Section 542 of title 18, United States Code, is amended by striking ``two years'' and inserting ``5 years''. SEC. 4. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO, OBSTRUCTING A LAWFUL BOARDING, AND PROVIDING FALSE INFORMATION. (a) In General.--Chapter 109 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2237. Sanctions for failure to heave to; sanctions for obstruction of boarding and providing false information ``(a)(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States or a vessel subject to the jurisdiction of the United States, to fail to obey an order to heave to that vessel on being ordered to do so by an authorized Federal law enforcement officer. ``(2) It shall be unlawful for any person on board a vessel of the United States or a vessel subject to the jurisdiction of the United States knowingly or willfully to-- ``(A) fail to comply with an order of an authorized Federal law enforcement officer in connection with the boarding of the vessel; ``(B) impede or obstruct a boarding or arrest, or other law enforcement action authorized by any Federal law; or ``(C) provide false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. ``(3)(A) It shall be unlawful for the pilot, operator, or person in charge of an aircraft which has crossed the border of the United States, or an aircraft subject to the jurisdiction of the United States operating outside the United States, to knowingly fail to obey an order to land by an authorized Federal law enforcement officer who is enforcing the laws of the United States relating to controlled substances, as that term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), or relating to money laundering (sections 1956-57 of this title). ``(B) The Administrator of the Federal Aviation Administration, in consultation with the Commissioner of Customs and the Attorney General, shall prescribe regulations governing the means by, and circumstances under which a Federal law enforcement officer may communicate an order to land to a pilot, operator, or person in charge of an aircraft. Such regulations shall ensure that any such order is clearly communicated in accordance with applicable international standards. Further, such regulations shall establish guidelines based on observed conduct, prior information, or other circumstances for determining when an officer may use the authority granted under subparagraph (A). ``(b) This section does not limit in any way the preexisting authority of a customs officer under section 581 of the Tariff Act of 1930 or any other provision of law enforced or administered by the Customs Service, or the preexisting authority of any Federal law enforcement officer under any law of the United States to order an aircraft to land or a vessel to heave to. ``(c) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the Secretary's designee. ``(d) For purposes of this section-- ``(1) the terms `vessel of the United States' and `vessel subject to the jurisdiction of the United States' have the meanings set forth for these terms, respectively, in the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903); ``(2) the term `heave to' means to cause a vessel to slow or come to a stop to facilitate a law enforcement boarding by adjusting the course and speed of the vessel to account for the weather conditions and sea state; ``(3) an aircraft `subject to the jurisdiction of the United States' includes-- ``(A) an aircraft located over the United States or the customs waters of the United States; ``(B) an aircraft located in the airspace of a foreign nation, where that nation consents to the enforcement of United States law by the United States; and ``(C) over the high seas, an aircraft without nationality, an aircraft of United States registry, or an aircraft registered in a foreign nation that has consented or waived objection to the enforcement of United States law by the United States; ``(4) an aircraft `without nationality' includes-- ``(A) an aircraft aboard which the pilot, operator, or person in charge makes a claim of registry, which claim is denied by the nation whose registry is claimed; and ``(B) an aircraft aboard which the pilot, operator, or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of registry for that aircraft; and ``(5) the term `Federal law enforcement officer' has the meaning set forth in section 115 of this title. ``(e) Whoever intentionally violates this section shall be fined under this title or imprisoned for not more than 5 years, or both. ``(f) An aircraft or vessel that is used in violation of this section may be seized and forfeited to the United States. The laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures undertaken, or alleged to have been undertaken, under any of the provisions of this section; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose. An aircraft or vessel that is used in violation of this section is also liable in rem for any fine imposed under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 109 of title 18, United States Code, is amended by adding at the end the following new item: ``2237. Sanctions for failure to heave to; sanctions for obstruction of boarding or providing false information.''. SEC. 5. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT. (a) In General.--Chapter 17 of title 14, United States Code, is amended by adding at the end the following new section: ``Sec. 676. Civil penalty for failure to comply with vessel boarding ``(a) Any person that engages in conduct that violates section 2237(a) (1) or (2) of title 18, United States Code, shall be liable to the United States Government-- ``(1) for a civil penalty of not more than $25,000, in the case of an intentional violation; or ``(2) for a civil penalty of not more than $15,000, in the case of any other violation. ``(b) A vessel used to engage in conduct for which a penalty is imposed under subsection (a) is liable in rem for that penalty and may be seized, forfeited, and sold in accordance with customs laws.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 14, United States Code, is amended by adding at the end the following new item: ``676. Civil penalty for failure to comply with vessel boarding.''. SEC. 6. INCREASED NUMBER OF BORDER PATROL AGENTS. Section 101(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is amended to read as follows: ``(a) Increased Number of Border Patrol Agents.--The Attorney General shall increase the number of positions for full-time, active- duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by fiscal year 2003.''. SEC. 7. BORDER PATROL PURSUIT POLICY. Within ten miles of the international border of the United States, a border patrol agent of the United States Border Patrol may not cease pursuit of an alien who the agent suspects has unlawfully entered the United States, or an individual who the agent suspects has unlawfully imported a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. SEC. 8. AUTHORIZATION FOR BORDER PATROL TO INTERDICT THE IMPORTATION OF NARCOTICS. The United States Border Patrol within the Department of Justice shall have as one of it functions the prevention of unlawful importation of narcotics into the United States and confiscation of such narcotics. SEC. 9. CONSTRUCTION OF BARRIERS AND ROADS TO DETER DRUG TRAFFICKING. (a) In General.--(1) The Attorney General, in consultation with the Commissioner of Immigration and Naturalization, may take such actions as necessary (including the removal of obstacles to the detection of illegal entrants into the United States) to install multilayered barriers and roads in the vicinity of the United States border for the purpose of deterring drug trafficking in areas of high drug trafficking into the United States. In determining the locations for such multilayered barriers and roads, the Attorney General shall consider, but not limit consideration to, the following sites: (A) The San Diego-Tijuana corridor. (B) The Calexico-Mexicali corridor. (C) The Yuma-San Luis corridor. (D) The Douglas-Nogales corridor. (E) The El Paso-Juarez corridor. (F) The Presidio-Ojinaga corridor. (G) The Del Rio-Acuna corridor. (H) The Eagle Pass-Piedras Negras corridor. (I) The Laredo-Nueva Laredo corridor. (J) The Rio Grand City-Roma corridor. (K) The McAllen corridor. (L) The Brownsville-Matamoras corridor. (2) The Attorney General, acting under the authority contained in section 103(b) of the Immigration and Nationality Act, shall promptly acquire such easements as may be necessary to carry out this section and shall commence construction of multilayered barriers and roads immediately following such acquisition (or conclusion of portions thereof). (3) The Attorney General, while constructing multilayered barriers and roads under this section, shall incorporate such safety features into the design of the multilayered barriers and roads as are necessary to ensure the well being of border patrol agents deployed within, or in near proximity to, the system. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.

Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing (or attempting to commit) a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements (provides for imposition of a death sentence if death results). Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. (Sec. 3) Increases the penalty for entry of goods by means of false statements. (Sec. 4) Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer. Prohibits any person on board from knowingly or willfully: (1) failing to comply with an order of such an officer in connection with the boarding of the vessel; (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law; or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the U.S. border, or an aircraft subject to U.S. jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing U.S. laws relating to controlled substances or money laundering. Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. Authorizes a foreign nation to consent or waive objection to such enforcement of U.S. law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Sets penalties for intentional violations. Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. (Sec. 5) Establishes civil penalties for failure to comply with vessel boarding. (Sec. 6) Directs the Attorney General to increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by FY 2003. (Sec. 7) Prohibits a U.S. Border Patrol agent, within ten miles of the U.S. international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. (Sec. 8) Authorizes: (1) the Border Patrol to interdict the importation of narcotics; and (2) the Attorney General to install multi-layered barriers and roads in the U.S. border vicinity to deter drug trafficking in high drug trafficking areas. Authorizes appropriations.

Border Protection and Infrastructure Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold King Mine Spill Recovery Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) on August 5, 2015, approximately 3,000,000 gallons of contaminated water was discharged from the Gold King Mine north of Silverton, Colorado, into Cement Creek, a tributary of the Animas River, while contractors of the Environmental Protection Agency were conducting an investigation of the mine-- (A) to assess the ongoing water releases from the mine; (B) to treat mine water; and (C) to assess the feasibility of further mine remediation; (2) the plume of contaminated water resulting from the discharge described in paragraph (1)-- (A) was found to contain high levels of heavy metals, including aluminum, arsenic, cadmium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, and zinc; and (B) flowed through the Animas River, the San Juan River, and Lake Powell; (3) as of the date of enactment of this Act, with respect to the discharge described in paragraph (1)-- (A) state of emergency declarations have been made by-- (i) the States of Colorado, New Mexico, and Utah; and (ii) the Navajo Nation; and (B) a declaration of disaster has been issued by the Southern Ute Indian Tribe; and (4) on August 11, 2015, Administrator of the Environmental Protection Agency Gina McCarthy stated that the Environmental Protection Agency will take full responsibility for the discharge described in paragraph (1). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Gold king mine spill.--The term ``Gold King Mine spill'' means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine. (3) Injured person.--The term ``injured person'' means a person that-- (A) suffered injury resulting from the Gold King Mine spill; and (B) is-- (i) an individual, regardless of the citizenship or alien status of the individual; (ii) an Indian tribe, tribal corporation, or other tribal organization; (iii) a corporation, business, partnership, company, association, insurer, county, township, city, State or political subdivision of a State, school district, ditch company, special district, water district, water company, the Animas-La Plata Operation, Maintenance and Replacement Association, or other non-Federal entity; or (iv) a legal representative of an individual or entity described in any of clauses (i) through (iii). (4) Injury.--The term ``injury'' means any damage to, or loss of, property, or a personal injury or death, caused by a negligent or wrongful act or omission of a Federal officer, employee, contractor, or subcontractor while acting within the scope of office, employment, or contract, under circumstances in which the Federal officer, employee, contractor, or subcontractor, if a private person, would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred. (5) Office.--The term ``Office'' means the Office of Gold King Mine Spill Claims established by section 4(b)(1). SEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL. (a) Federal Tort Claims.-- (1) In general.--Subject to paragraph (4), each injured person shall be entitled to receive from the United States compensation for a claim filed, or civil action brought, under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), arising out of or relating to an injury resulting from the Gold King Mine spill. (2) Effect of acceptance.--The acceptance by an injured person of compensation under paragraph (1) shall have the same effect as acceptance of compensation under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the Gold King Mine spill. (3) Requirement.--The Administrator and the Attorney General shall process a claim filed, or civil action brought, pursuant to paragraph (1) as expeditiously as practicable. (4) Nonapplicability of limitation.--With respect to any claim under this Act arising out of, or relating to, an injury resulting from the Gold King Mine spill-- (A) the maximum amount limitation on claims described in the proviso of the first sentence of section 2672 of title 28, United States Code, shall be waived; and (B) the Administrator may provide compensation for the claim in an amount greater than $25,000 without prior written approval of the Attorney General (or a designee), as the Administrator determines to be appropriate. (b) Office of Gold King Mine Spill Claims.-- (1) Establishment.--There is established within the Environmental Protection Agency an Office of Gold King Mine Spill Claims. (2) Purpose.--The Office shall receive, process, and pay claims in accordance with this section. (3) Treatment.--The establishment of the Office by this subsection shall not diminish the ability of the Administrator to carry out the responsibilities of the Environmental Protection Agency under any other provision of law. (4) Detailees.--On request of the Administrator, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Office to assist in carrying out the duties under this Act. (c) Allowable Damages.-- (1) Property loss.--A claim that is paid for loss of property under this section may include otherwise-uncompensated damages resulting from the Gold King Mine spill for-- (A) a cost resulting from lost tribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities, or from lost use for traditional or ceremonial uses, conducted on land or water damaged by the Gold King Mine spill; (B) a cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; (C) any costs borne by any injured person to determine the extent of-- (i) the damages to agricultural land; or (ii) any other damages covered by this Act; (D) any costs borne by an injured person who had to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the Gold King Mine spill; and (E) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (2) Business loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise uncompensated business loss: (A) Damage to tangible assets or inventory. (B) Business interruption losses. (C) Overhead costs. (D) Employee wages for work not performed. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a business loss. (3) Financial loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise uncompensated financial loss: (A) An insurance deductible. (B) Lost wages or personal income. (C) Emergency staffing expenses. (D) Debris removal and other cleanup costs. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a financial loss. SEC. 5. LONG-TERM WATER QUALITY MONITORING PROGRAM; DESIGNATION AS SUPERFUND SITE. (a) Gold King Mine Spill Response Program.-- (1) In general.--The Administrator shall work with affected States and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the Gold King Mine spill. (2) Requirement.--The program under paragraph (1) shall provide-- (A) full disclosure to the public of applicable water quality and sediment data; and (B) a clear and meaningful comparison between those data and all relevant water quality standards. (b) Sense of Congress.--It is the sense of Congress that the Administrator should-- (1) consult with all local communities along the Animas and San Juan Rivers affected by the Gold King Mine spill, the Navajo Nation, the Southern Ute Indian Tribe, and the States of Colorado and New Mexico to determine whether it is appropriate to seek a designation for the Upper Animas River watershed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and (2) prioritize the construction of a water treatment plant in the Upper Animas River basin to significantly reduce the ongoing heavy metal discharge into the Animas River from Cement Creek. SEC. 6. AMENDMENT TO CERCLA. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 129. MINING-RELATED PROVISIONS. ``(a) Assessments.--The Administrator, the Secretary of Agriculture, and the Secretary of the Interior, in coordination with the Governors of affected States, the heads of appropriate research universities, and the heads of other relevant Federal departments and agencies, shall-- ``(1) not later than 180 days after the date of enactment of this section, review known, existing abandoned and inactive mines-- ``(A) to identify the most dangerous abandoned and inactive mines on public land and private land with respect to the existence of pollution and the potential to release any hazardous substance or other pollutant, particularly with respect to contamination of water; and ``(B) to establish a priority plan for activities for removal and remediation of the hazardous substances and other pollutants; ``(2) periodically thereafter, as appropriate, update the priority plan established under paragraph (1)(B) as new information becomes available; and ``(3) develop a long-term research initiative to evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of such mines. ``(b) Actions Prior to Certain Activities.--Before conducting any activity at a mine that presents the significant potential for accidental discharge of a hazardous substance or other pollutant, the Administrator or the head of any other Federal department or agency carrying out an activity for mine remediation shall-- ``(1) provide to each tribal, State, and local unit of government the resources or residents of which may be affected by such a discharge notice regarding the activity; and ``(2) develop a spill prevention, control, and countermeasures plan to avoid and mitigate the impacts of such a discharge.''. SEC. 7. EFFECT OF ACT. Nothing in this Act (or an amendment made by this Act) provides for compensation of any injured person pursuant to this Act (or an amendment made by this Act) from the Hazardous Substances Superfund established by section 9507(a) of the Internal Revenue Code of 1986.

Gold King Mine Spill Recovery Act of 2015 This bill entitles persons to compensation for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if they were injured by the spill into Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill establishes an Office of Gold King Mine Spill Claims within the Environmental Protection Agency (EPA) to process and pay compensation claims. The EPA must work with affected states and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the spill. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by requiring certain agencies to work with affected states as well as research universities to: (1) identify the most dangerous abandoned and inactive mines, (2) establish a priority plan for cleaning up those mines, (3) update the plan as new information becomes available, and (4) develop a long-term research initiative. That initiative must evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of those mines. Prior to carrying out mine remediation activities, agencies must: (1) provide affected tribal, state, and local governments notice of such activities; and (2) develop a spill prevention, control, and countermeasures plan for avoiding and mitigating the impacts of a spill.

Gold King Mine Spill Recovery Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Government Economic Empowerment Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) As of the date of the enactment of this Act, money is principally created in the domestic economy by banks through the process known as ``deposit expansion'' under which credit is extended by banks to customers in exchange for the assumption of an obligation by each customer to repay the amount of any such credit with interest. (2) The creation of money through the extension of credit and creation of debt, a traditional banking function, preceded the establishment by the Congress of, first, the national banking system and, subsequently, the Federal Reserve System. (3) The constitutional authority to create and regulate money does not limit the Federal Government to creating money through the production of coins or currency or the process of debt creation but, except for a brief period during the administration of President Lincoln, the Federal Government has not exercised such authority more broadly. (4) The creation of money by the banks in conjunction with the Federal reserve banks does not limit the constitutional authority of the Congress to create Government credit funds in the form of noninterest bearing credit to fund a legislatively approved program or prevent the Congress from creating such funds. (5) The creation of noninterest-bearing government credit funds in measured or limited increments for the purpose of funding capital and environmental projects in the public interest-- (A) will allow projects to be built for \1/2\ to \1/3\ the normal cost; and (B) will allow more necessary projects to be built at a lower cost to the taxpayers and at the same time build additional wealth in the communities where such projects are located. SEC. 3. CREATION OF MONEY. (a) In General.--Pursuant to the exercise by the Congress of the authority contained in the 5th clause of section 8 of Article I of the Constitution, the Secretary of the Treasury shall have money available for purposes of this Act in an amount equal to the product of-- (1) the population of the United States, as determined by the Secretary of Commerce on the basis of the 1990 census; and (2) $1,400. (b) Loan Agreement.--The money referred to in section 3(a) shall be created by having the Secretary of the Treasury and the Board of Governors of the Federal Reserve System enter into a Loan Agreement in accordance with the following requirements: (1) The Board shall lend the United States Treasury an amount up to a total of $360,000,000,000 at the rate of not more than $72,000,000,000 per annum (on a cumulative basis) in each of the 5 years commencing 60 days after the date of the enactment of this Act. (2) The Secretary of the Treasury shall pay an annual fee to the Board (the amount to be negotiated between the Secretary and the Board) to cover the administrative costs the Board incurs in acting as the agent of the Administrator appointed under section 4(b). The amount of this administration fee each year shall be charged to the recipients of the noninterest bearing loans made to them during the year pursuant to section 7(e), pro rata to the amount of such loans. (c) Exercise of Sovereign Capacity to Create Money.-- (1) In general.--Any amount made available pursuant to this Act shall be treated as money created in the sovereign and exclusive capacity of the United States, in accordance with the Constitution, to create money. (2) Expenditure of tax revenue or borrowed funds not authorized.--No provision of this Act shall be construed as authorizing the expenditure of funds derived from revenues imposed and collected by the United States Government under any provision of law or from amounts borrowed by the United States Government pursuant to chapter 31 of title 31, United States Code, or any other provision of law. (d) Budget Treatment.-- (1) Nonapplicability of provisions applicable to receipt and expenditures of revenue and borrowed funds.--For purposes of title 31, United States Code, the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Budget Enforcement Act of 1990, or any other provision of law-- (A) money created under this section shall not be treated as revenue when it is created or made available to the Administrator under section 4(b) nor shall it be treated as revenue by the Administrator or by the Secretary of the Treasury when the loans referred to in section 6 are repaid; (B) the money created under this section and the interest-free loan program established under section 6-- (i) shall not be treated as budget authority, new budget authority, budgetary resources, spending authority, new spending authority, entitlement authority, or credit authority; (ii) shall not be subject to apportionment or sequestration other than in accordance with the provisions of sections 4, 5, and 6; and (iii) shall not be taken into account in the determination of the baseline for any fiscal year; and (C) the disbursement of money created under this section shall not be treated as an outlay or a budget outlay. (e) Bank Reserve Requirements.--No provision of this Act shall be construed as affecting any authority of the Board to adjust bank reserve requirements, as appropriate. SEC. 4. ADMINISTRATION OF THE ACT. (a) In General.--The Administrator of this Act shall be under the Department of the Treasury. (b) Management.--An Administrator shall be appointed by, and accountable to, the Secretary of the Treasury. (c) Duties of Administrator.-- (1) In general.--The Administrator shall be solely responsible for disbursing, pursuant to section 6, funds created under this Act and otherwise carrying out the duties imposed under this Act. (2) Appointment of agent.--The Administrator may appoint the Board or any Federal reserve bank as an agent of the Administrator to perform such duties of the Administrator under this Act that the Administrator sees fit to delegate to the Board or any such bank. (d) United States Government General Checking Account.-- (1) Deposit.--Checks drawn on the money created under section 3 shall be deposited to the credit of the United States Government in a United States Government general checking account at a Federal reserve bank. (2) Disbursements from account.--All disbursements of loans under section 6 shall be made with United States Government checks from the account referred to in paragraph (1). (e) Loan Repayment Account.--The Administrator shall establish and maintain a separate checking account in a Federal reserve bank for the deposit of any repayment of principal on loans made under section 6. SEC. 5. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE LOANS. (a) In General.--Subject to subsection (b), each State, county, township, incorporated municipality, school district, and Indian tribe shall be entitled to obtain a loan from the Administrator in accordance with section 6, unless such unit of government is delinquent in repaying a prior loan. (b) Maximum Amount Limitation.--The total amount of money to which any entity described in subsection (a) is eligible to borrow under this section shall not exceed the amount equal to the product of-- (1) the resident population, as determined by the Secretary of Commerce on the basis of the 1990 census, of the geographic territory over which the entity has jurisdiction (or, in the case of a school district, the latest official enrollment figures as reported to the State in which the school district resides); and (2) the amount equal to-- (A) in the case of a State, $200; (B) in the case of a county (as defined in section 2 of title 1, United States Code), $100; if the State has no township form of government, this amount shall be $200; (C) in the case of an incorporated municipality, $600; (D) in the case of any township, $100; (E) in the case of any school district, $2,400; and (F) in the case of an Indian tribe, $1,000. SEC. 6. ISSUANCE OF INTEREST-FREE LOANS. Subject to sections 5(b) and 7, the Administrator shall issue an interest-free loan from the money created under section 3 to any government unit described in section 5(a) if the Administrator obtains such assurances as the Administrator determines to be appropriate from the unit that-- (1) the proceeds of such loan will be used solely for the purpose of-- (A) funding capital projects of the governmental unit, including the construction of or improvements to-- (i) school facilities; (ii) streets, highways, bridges, and tunnels; (iii) water and sewer systems; (iv) waste disposal systems; (v) public housing facilities; (vi) public buildings and other public facilities; and (vii) environmental facilities; or (B) the cleanup of toxic waste sites or other environmental improvements. SEC. 7. ADMINISTRATIVE PROVISIONS. (a) Disbursement Requirements.--Loans made under section 6 shall be disbursed by the Administrator-- (1) in a lump sum for the full amount of the loan; or (2) if the Administrator determines that partial disbursements are appropriate in the case of loans for construction projects in order to accommodate a greater number of loan requests, over the construction period of the project. (b) Minimum Phase-In Period.--Disbursements on all eligible loans approved under section 6 shall begin before the end of the 5-year period beginning on the date of the enactment of this Act. (c) Period to Maturity.--The period to maturity of any loan made under section 6 shall be the estimated number of years of the useful life of the infrastructure installation (if any) which is financed by the loan, but, in any case, shall be a minimum of 10 years and a maximum of 30 years. (d) Applicability of State Law.--The number or the principal amounts of interest-free loans made under section 6 to any governmental unit established by a State, or the period to maturity of any such loan, may not exceed the maximum number, amount, or period to maturity established under the law of such State, unless the State provides a waiver from any such limitation with respect to any such governmental unit. (e) Administrative Fees.--The Administrator shall impose an administrative fee on each recipient of a loan under section 6 in an amount not to exceed the lesser of-- (1) 0.25 percent of the total amount of the loan; or (2) the amount sufficient to cover all administrative costs incurred by the Administrator, including overhead, for making and administering that particular loan. (f) Terms of Repayment.--The repayment terms of any loan under section 6 shall require quarterly payments by the recipient in equal amounts determined by dividing-- (1) the sum of the principal and the administrative fees applicable with respect to such loan; by (2) the number of calendar quarters any portion of which falls within the period to maturity of the loan. (g) Collections of Past Due Amounts and Collection Fees.-- (1) Enforced collections.--The Administrator shall take action to enforce collection of past due amounts of any loan on which 4 or more quarterly payments are due and payable. (2) Impoundment of delinquent amount.--In the case of any delinquent loan described in paragraph (1), the Administrator may seek an order from any district court of the United States of appropriate jurisdiction directing a United States marshall to impound, under authority of this section, any available funds of the debtor in an amount equal to the amount currently due as of the date of such action to reduce or eliminate the delinquency. (3) Waiver of debtor's right to defend against collection.--As a condition for receiving any loan under section 6, the recipient shall waive any right to take any legal action to prevent or defend against the collection by the Administrator of any amount which the parties agree is past due. (4) Cost of collection.--The costs incurred by the Administrator in collecting any amount under this subsection with respect to any loan shall be added to and treated as a part of the principal amount of the loan. (5) Balance of loan principal and fees payable in accordance with terms of loan.--A debtor who is subject to collection proceedings under this subsection for any delinquent portion of a loan under section 6 shall continue to meet the repayment schedule applicable to such loan for the remaining amount of principal and fees. SEC. 8. DISPOSITION OF FUNDS UPON REPAYMENT. The Administrator shall, at such times and in such amounts as the Administrator determines to be appropriate, transfer amounts in the loan repayment account referred to in section 4(e) hereof to the United States Government general checking account referred to in section 4(d)(1). SEC. 9. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Administrator.--The term ``Administrator'' means the Administrator appointed by the Secretary of the Treasury. (2) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (3) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) Secretary.--Except when used in connection with a reference to the Secretary of Commerce, the term ``Secretary'' means the Secretary of the Treasury. (5) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands.

State and Local Government Economic Empowerment Act - Directs the Secretary of the Treasury to have money available for purposes of this Act (i.e., the creation of non-interest-bearing Government credit funds in measured or limited increments for the purpose of funding capital and environmental projects in the public interest) in an amount equal to the product of: (1) the U.S. population, as determined by the Secretary of Commerce on the basis of the 1990 census; and (2) $1,400. Requires that the money be created by having the Secretary and the Board of Governors of the Federal Reserve System enter into a loan agreement whereby: (1) the Board shall lend the U.S. Treasury a sum up to $360 billion at the rate of not more than $72 billion per annum (on a cumulative basis) in each of the five years commencing 60 days after this Act's enactment date; and (2) the Secretary shall pay an annual fee to the Board to cover administrative costs that the Board incurs in acting as the agent of the Administrator appointed by the Secretary. Treats any amount made available pursuant to this Act as money created in the sovereign and exclusive capacity of the United States to create money. Specifies that: (1) money created under this section shall not be treated as revenue when it is created or made available to the Administrator, nor when the loans are repaid; (2) the money created and the interest-free loan program established under this Act shall not be treated as budget authority, shall not be subject to apportionment or sequestration other than in accordance with this Act, and shall not be taken into account in the determination of the baseline for any fiscal year; and (3) the disbursement of money created under this Act shall not be treated as an outlay or a budget outlay. (Sec. 5) Entitles each State, county, township, incorporated municipality, school district, and Indian tribe to obtain a loan from the Administrator, unless such governmental unit is delinquent in repaying a prior loan, subject to specified limitations. (Sec. 6) Directs the Administrator to issue an interest-free loan from the money created to any such government unit if the Administrator obtains assurances that the proceeds will be used solely for the purpose of: (1) funding capital projects of such unit, including the construction of or improvements to school facilities, streets, water and sewer systems, and public and environmental facilities; or (2) the cleanup of toxic waste sites or other environmental improvements.

State and Local Government Economic Empowerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Tuberculosis Control Act of 2002''. SEC. 2. FINDINGS. Congress finds that: (1) Tuberculosis is a great health and economic burden to impoverished nations and a health and security threat to the United States and other industrialized countries. (2) Tuberculosis kills 2,000,000 people each year (a person every 15 seconds) and is second only to HIV/AIDS as the greatest infectious killer of adults worldwide. (3) Tuberculosis is today the leading killer of women of reproductive age and of people who are HIV-positive. (4) One-third of the world's population is currently infected with the tuberculosis bacterium, including 10,000,000 through 15,000,000 persons in the United States, and someone in the world is newly infected with tuberculosis every second. (5) With 46 percent of tuberculosis cases in the United States in the year 2000 found in foreign-born persons, as compared to 24 percent in 1990, it is clear that the only way to control tuberculosis in the United States is to control it worldwide. (6) Left untreated, a person with active tuberculosis can infect an average of 10 through 15 people in one year. (7) Pakistan and Afghanistan are among the 22 countries identified by the World Health Organization as having the highest tuberculosis burden globally. (8) More than one-quarter of all adult deaths in Pakistan are due to tuberculosis, and Afghan refugees entering Pakistan have very high rates of tuberculosis, with refugee camps, in particular, being areas where tuberculosis runs rampant. (9) The tuberculosis and AIDS epidemics are inextricably linked. Tuberculosis is the first manifestation of AIDS in more than 50 percent of cases in developing countries and is responsible for 40 percent or more of deaths of people with AIDS worldwide. (10) An effective, low-cost cure exists for tuberculosis: Directly Observed Treatment Short-course or DOTS. Expansion of DOTS is an urgent global priority. (11) DOTS is one of the most cost-effective health interventions available today. A full course of DOTS drugs costs as little as US$10 in low-income countries. (12) Proper DOTS treatment is imperative to prevent the development of dangerous multidrug resistant tuberculosis (MDR- TB) that arises through improper or incomplete tuberculosis treatment. (13) The Global Fund to fight AIDS, Tuberculosis, and Malaria is an important new global partnership established to combat these 3 infectious diseases that together kill 6,000,000 people a year. Expansion of effective tuberculosis treatment programs should constitute a major component of Global Fund investment. SEC. 3. DEFINITIONS. In this Act: (1) DOTS.--The term ``DOTS'' or ``Directly Observed Treatment Short-course'' means the World Health Organization- recommended strategy for treating standard tuberculosis. (2) Global alliance for tuberculosis drug development.--The term ``Global Alliance for Tuberculosis Drug Development'' means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries. (3) Global plan to stop tuberculosis.--The term ``Global Plan to Stop Tuberculosis'' means the plan developed jointly by the Stop Tuberculosis Partnership Secretariat and Partners in Health that lays out what needs to be done to control and eliminate tuberculosis. (4) Global tuberculosis drug facility.--The term ``Global Tuberculosis Drug Facility (GDF)'' means the new initiative of the Stop Tuberculosis Partnership to increase access to high- quality tuberculosis drugs to facilitate DOTS expansion. (5) Stop tuberculosis partnership.--The term ``Stop Tuberculosis Partnership'' means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world. SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, AND ELIMINATION. Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the following: ``(7)(A) Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease. Congress further recognizes that the means exist to control and treat tuberculosis by implementing the Global Plan to Stop Tuberculosis and by adequately investing in newly created mechanisms, including the Global Tuberculosis Drug Facility, and that it is therefore a major objective of the foreign assistance program to control the disease. To this end, Congress expects the agency primarily responsible for administering this part-- ``(i) to coordinate with the World Health Organization, the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and ``(ii) to set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of the cases detected, by December 31, 2005, in those countries classified by the World Health Organization as among the highest tuberculosis burden, and by December 31, 2010, in all countries in which the agency has established development programs. ``(B)(i) There is authorized to be appropriated $200,000,000 for each of the fiscal years 2003 through 2005 for carrying out this paragraph. ``(ii) Funds appropriated under this paragraph are authorized to remain available until expended. ``(C) In carrying out subparagraph (A), not less than 75 percent of the amount authorized to be appropriated under subparagraph (B) shall be expended for antituberculosis drugs, supplies, patient services, and training in diagnosis and care, in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility. ``(D) In carrying out subparagraph (A), of the amount authorized to be appropriated under subparagraph (B)-- ``(i) not less than 10 percent shall be used for funding of the Global Tuberculosis Drug Facility; ``(ii) not less than 7.5 percent shall be used for funding of the Stop Tuberculosis Partnership; and ``(iii) not less than 2.5 percent shall be used for funding of the Global Alliance for Tuberculosis Drug Development. ``(E) The President shall submit a report to Congress annually specifying the increases in the number of people treated and the increases in number of tuberculosis patients cured through each program, project, or activity receiving United States foreign assistance for tuberculosis control purposes.''.

International Tuberculosis Control Act of 2002 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to declare that Congress recognizes that the means exist to control and treat the growing international problem of tuberculosis by implementing the Global Plan to Stop Tuberculosis and investing in new mechanisms like the Global Tuberculosis Drug Facility. Makes it a major objective of the foreign assistance program to control the disease.Declares that Congress expects the agency primarily responsible for administering this Act to: (1) coordinate with the World Health Organization (WHO), the Centers for Disease Control, the National Institutes of Health, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; and (2) set specified deadlines for the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of them.Earmarks specified amounts of funds for antituberculosis drugs, supplies, patient services, and training in diagnosis and care in order to increase directly observed treatment shortcourse (DOTS) coverage, including funding for the Global Tuberculosis Drug Facility.

A bill to amend the Foreign Assistance Act of 1961 to take steps to control the growing international problem of tuberculosis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair American Corporate Tax Act'' or ``FACT Act''. SEC. 2. DECREASE IN TOP MARGINAL RATE. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``and'' at the end of subparagraph (B), (2) by striking subparagraphs (C) and (D) and inserting the following subparagraph: ``(C) 28 percent of so much of the taxable income as exceeds $75,000.'', (3) by striking ``of $100,000'' and inserting ``of $75,000'', (4) by striking ``$11,750'' and inserting ``$7,250'', and (5) by striking the third sentence. (b) Certain Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``28 percent''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``28 percent''. (2) Paragraphs (1), (2), and (6) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``28 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS. (a) In General.--Section 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: ``(d) Limitation on Treaty Benefits for Certain Deductible Payments.-- ``(1) In general.--In the case of any deductible related- party payment, the amount of any withholding tax imposed under chapter 3 (and any tax imposed under subpart A or B of this part) with respect to such payment shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation (taking into account any income tax treaty between the United States and the country in which the foreign parent corporation is resident). ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. ``(3) Foreign controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `foreign controlled group of entities' means a controlled group of entities the common parent of which is a foreign corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). ``(5) Regulations.--The Secretary may prescribe such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provide for-- ``(A) the treatment of two or more persons as members of a foreign controlled group of entities if such persons would be the common parent of such group if treated as one corporation, and ``(B) the treatment of any member of a foreign controlled group of entities as the common parent of such group if such treatment is appropriate taking into account the economic relationships among such entities.''. (b) Effective Date.--The amendment made by this section shall apply to payments made after the date of the enactment of this Act.

Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35% to 28% the top marginal income tax rate for corporations (including personal service corporations); and (2) provide that the amount of any tax withholding for deductible payments made by a U.S. subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation.

To amend the Internal Revenue Code of 1986 to decrease the top marginal corporate rate to 28 percent and to prevent corporations from exploiting tax treaties to evade taxation of United States income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resource Efficient Appliance Incentives Act of 2005.''. SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES. (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. 45J. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.-- ``(1) In general.--For purposes of section 38, the energy efficient appliance credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient appliance produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient appliance is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)-- ``(A) Dishwashers.--The applicable amount is the energy savings amount in the case of a dishwasher which-- ``(i) is manufactured in calendar year 2006 or 2007, and ``(ii) meets the requirements of the Energy Star program which are in effect for dishwashers in 2007. ``(B) Clothes washers.--The applicable amount is-- ``(i) $50, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2005, and ``(II) has an MEF of at least 1.42, ``(ii) $100, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2005, 2006, or 2007, and ``(II) meets the requirements of the Energy Star program which are in effect for clothes washers in 2007, and ``(iii) the energy and water savings amount, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2008, 2009, or 2010, and ``(II) meets the requirements of the Energy Star program which are in effect for clothes washers in 2010. ``(C) Refrigerators.-- ``(i) 15 percent savings.--The applicable amount is $75 in the case of a refrigerator which-- ``(I) is manufactured in calendar year 2005 or 2006, and ``(II) consumes at least 15 percent less kilowatt hours per year than the 2001 energy conservation standard. ``(ii) 20 percent savings.--In the case of a refrigerator which consumes at least 20 percent less kilowatt hours per year than the 2001 energy conservation standards, the applicable amount is-- ``(I) $125 for a refrigerator which is manufactured in calendar year 2005, 2006, or 2007, and ``(II) $100 for a refrigerator which is manufactured in calendar year 2008. ``(iii) 25 percent savings.--In the case of a refrigerator which consumes at least 25 percent less kilowatt hours per year than the 2001 energy conservation standards, the applicable amount is-- ``(I) $175 for a refrigerator which is manufactured in calendar year 2005, 2006, or 2007, and ``(II) $150 for a refrigerator which is manufactured in calendar year 2008, 2009, or 2010. ``(2) Energy savings amount.--For purposes of paragraph (1)(A)-- ``(A) In general.--The energy savings amount is the lesser of-- ``(i) the product of-- ``(I) $3, and ``(II) 100 multiplied by the energy savings percentage, or ``(ii) $100. ``(B) Energy savings percentage.--For purposes of subparagraph (A), the energy savings percentage is the ratio of-- ``(i) the EF required by the Energy Star program for dishwashers in 2007 minus the EF required by the Energy Star program for dishwashers in 2005, to ``(ii) the EF required by the Energy Star program for dishwashers in 2007. ``(3) Energy and water savings amount.--For purposes of paragraph (1)(B)(iii)-- ``(A) In general.--The energy and water savings amount is the lesser of-- ``(i) the product of-- ``(I) $10, and ``(II) 100 multiplied by the energy and water savings percentage, or ``(ii) $200. ``(B) Energy and water savings percentage.--For purposes of subparagraph (A), the energy and water savings percentage is the average of the MEF savings percentage and the WF savings percentage. ``(C) MEF savings percentage.--For purposes of this subparagraph, the MEF savings percentage is the ratio of-- ``(i) the MEF required by the Energy Star program for clothes washers in 2010 minus the MEF required by the Energy Star program for clothes washers in 2007, to ``(ii) the MEF required by the Energy Star program for clothes washers in 2010. ``(D) WF savings percentage.--For purposes of this subparagraph, the WF savings percentage is the ratio of-- ``(i) the WF required by the Energy Star program for clothes washers in 2010 minus the WF required by the Energy Star program for clothes washers in 2007, to ``(ii) the WF required by the Energy Star program for clothes washers in 2010. ``(c) Eligible Production.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the eligible production in a calendar year with respect to each type of energy efficient appliance is the excess of-- ``(A) the number of appliances of such type which are produced by the taxpayer in the United States during such calendar year, over ``(B) the average number of appliances of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(2) Special rule for refrigerators.--The eligible production in a calendar year with respect to each type of refrigerator described in subsection (b)(1)(C) is the excess of-- ``(A) the number of appliances of such type which are produced by the taxpayer in the United States during such calendar year, over ``(B) 110 percent of the average number of appliances of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(3) Special rule for 2005 production.--For purposes of determining eligible production for calendar year 2005-- ``(A) only production after the date of enactment of this section shall be taken into account under paragraphs (1)(A) and (2)(A), and ``(B) the amount taken into account under paragraphs (1)(B) and (2)(B) shall be an amount which bears the same ratio to the amount which would (but for this paragraph) be taken into account under such paragraph as-- ``(i) the number of days in calendar year 2005 after the date of enactment of this section, bears to ``(ii) 365. ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1)(A), ``(2) clothes washers described in subsection (b)(1)(B)(i), ``(3) clothes washers described in subsection (b)(1)(B)(ii), ``(4) clothes washers described in subsection (b)(1)(B)(iii), ``(5) refrigerators described in subsection (b)(1)(C)(i), ``(6) refrigerators described in subsection (b)(1)(C)(ii)(I), ``(7) refrigerators described in subsection (b)(1)(C)(ii)(II), ``(8) refrigerators described in subsection (b)(1)(C)(iii)(I), and ``(9) refrigerators described in subsection (b)(1)(C)(iii)(II). ``(e) Limitations.-- ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years. ``(2) Amount allowed for certain appliances.-- ``(A) In general.--In the case of appliances described in subparagraph (C), the aggregate amount of the credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $20,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years with respect to such appliances. ``(B) Election to increase allowable credit.--In the case of any taxpayer who makes an election under this subparagraph-- ``(i) subparagraph (A) shall be applied by substituting `$25,000,000' for `$20,000,000', and ``(ii) the aggregate amount of the credit allowed under subsection (a) with respect to such taxpayer for any taxable year for appliances described in subparagraph (C) and the additional appliances described in subparagraph (D) shall not exceed $50,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years with respect to such appliances. ``(C) Appliances described.--The appliances described in this subparagraph are-- ``(i) clothes washers described in subsection (b)(1)(B)(i), and ``(ii) refrigerators described in subsection (b)(1)(C)(i). ``(D) Additional appliances.--The additional appliances described in this subparagraph are-- ``(i) refrigerators described in subsection (b)(1)(C)(ii)(I), and ``(ii) refrigerators described in subsection (b)(1)(C)(ii)(II). ``(3) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(4) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1)(A), ``(B) any clothes washer described in subsection (b)(1)(B), and ``(C) any refrigerator described in subsection (b)(1)(C). ``(2) Dishwasher.--The term `dishwasher' means a residential dishwasher subject to the energy conservation standards established by the Department of Energy. ``(3) Clothes washer.--The term `clothes washer' means a residential model clothes washer, including a residential style coin operated washer. ``(4) Refrigerator.--The term `refrigerator' means a residential model automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(5) MEF.--The term `MEF' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(6) EF.--The term `EF' means the energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(7) WF.--The term `WF' means Water Factor (as determined by the Secretary of Energy). ``(8) Produced.--The term `produced' includes manufactured. ``(9) 2001 energy conservation standard.--The term `2001 energy conservation standard' means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ``(g) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.''. (b) Conforming Amendment.--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 (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the energy efficient appliance credit determined under section 45J(a).''. (c) 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 adding at the end the following new item: ``Sec. 45J. Energy efficient appliance credit''. (d) Effective Date.--The amendments made by this section shall apply to appliances produced after the date of the enactment of this Act, in taxable years ending after such date.

Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain water and energy efficient appliances (e.g., dishwashers, clothes washers, and refrigerators). Bases the amount of such credit on specified energy and water efficiency ratings.

A bill to amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Fraud in Bankruptcy Act of 2011''. SEC. 2. REMEDIES FOR NEGLIGENT, RECKLESS, OR FRAUDULENT ASSERTION OF CLAIM. Chapter 1 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 113. Remedies for negligent, reckless, or fraudulent assertion of claim ``(a) In this section-- ``(1) a person `asserts a claim' by, without limitation, preparing, signing, filing, submitting, or later advocating a proof of claim under section 501 of this title, a motion seeking relief from the stay imposed under section 362 of this title, or other paper, representing to the court that a claim is owed or that it is owed in a specific amount; ``(2) a person who assists another person in asserting a claim shall also be deemed to have asserted the claim, including-- ``(A) any officer, director, employee, or agent of the person asserting a claim; and ``(B) any attorney, accountant, or other professional person who is employed by or is assisting the person asserting a claim; and ``(3) the term `relief' means, without limitation, and in addition to any legal, equitable, monetary or injunctive relief otherwise available under any provision of this title or other provision of law, or under a court's inherent powers-- ``(A) an order or judgment imposing upon a person in one or more cases, wherever situated, in which the person has asserted a claim or claims in violation of subsection (b) a civil penalty of not more than $5,000 for each such claim; ``(B) an order or judgment requiring a person in one or more cases, wherever situated, in which the person has asserted a claim or claims in violation of subsection (b), to pay actual damages to an injured debtor, or trustee; and ``(C) an order or judgment imposing upon a person in one or more cases, wherever situated, in which the person has asserted, or could assert, a claim or claims in violation of subsection (b) of this section, other prospective or retrospective relief, including but not limited to declaratory relief, injunctive relief, or an auditing requirement. ``(b) Notwithstanding any other provision of Federal or State law, and in addition to any other remedy provided under Federal or State law, if a court, on its own motion or on the motion of the United States trustee (or bankruptcy administrator, if any), finds, based upon a preponderance of the evidence, that a person has, through negligence, recklessness, or fraud, improperly asserted a claim in any case under chapter 7 or chapter 13 of this title before the court, the court may-- ``(1) enter relief against the person in the case before the court; and ``(2) enter relief against the person in any other case under chapter 7 or chapter 13 that is pending or might thereafter be filed under this title, wherever situated, to the extent the court deems it necessary-- ``(A) to rectify the person's negligent, reckless, or fraudulent assertion of a claim; or ``(B) to prevent the person from asserting any negligent, reckless, or fraudulent claim. ``(c)(1) Civil penalties imposed under this section in judicial districts served by United States trustees shall be paid to the United States trustees, who shall deposit an amount equal to such fines in the United States Trustee Fund. ``(2) Civil penalties imposed under this section in judicial districts served by bankruptcy administrators shall be deposited as offsetting receipts to the fund established under section 1931 of title 28, and shall remain available until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the operation and maintenance of the courts of the United States.''. SEC. 3. DUTY OF THE UNITED STATES TRUSTEE TO ADDRESS CLAIMS. Section 586(a) of title 28, United States Code, is amended-- (1) in paragraph (7)(C), by striking ``and'' at the end; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) when the United States trustee deems it appropriate-- ``(A) monitor and investigate the conduct of other parties in interest with respect to claims; and ``(B) take action that the United States trustee deems necessary to prevent or remedy any negligent, reckless, or fraudulent assertion of a claim, as defined in section 113(a) of title 11, by exercising any of the United States trustee's powers and authorities under this title and under title 11 respecting claims, including-- ``(i) filing, pursuing, or commenting upon any action brought under section 113 of title 11; and ``(ii) filing, pursuing, or commenting upon any civil action, or upon any civil proceeding arising under title 11, or arising in or related to a case under title 11.''. SEC. 4. PROCEDURES FOR THE AUDITING OF PROOFS OF CLAIM. (a) Title 28.--Section 586 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) Claims Audit Procedures.-- ``(A) The Director of the Executive Office for United States Trustees shall establish audit procedures to determine the accuracy, veracity, and completeness of proofs of claim filed under section 501(a) of title 11, with respect to cases filed under chapter 7 or 13 of title 11, in which the debtor is an individual. ``(B) The procedures established pursuant to subparagraph (A) shall-- ``(i) establish a method of selecting appropriate qualified persons to contract to perform audits; ``(ii) establish a method of selecting proofs of claim to be audited, except that the number of audits to be performed shall be within the sole discretion of the Director of the Executive Office for United States Trustees; and ``(iii) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits, including the percentage of cases, by district, in which inaccurate, untrue, or incomplete proofs of claim were filed. ``(2) The United States trustee for each district is authorized to contract with auditors to perform audits of proofs of claim designated by the United States trustee, in accordance with the procedures established under paragraph (1). An audit may, in the discretion of the United States trustee, encompass multiple proofs of claim filed by the same entity in one case or multiple cases, whether in the same district or multiple districts. The United States trustees from multiple regions may contract with a single auditor to audit proofs of claim filed by the same entity in districts within their regions. ``(3)(A) The report of each audit performed pursuant to paragraph (2) shall be filed with the court where the case is pending and transmitted to the United States trustee and to any trustee serving in the case. Each such report shall clearly and conspicuously specify any findings that the claim asserted in the proof of claim is-- ``(i) not valid; ``(ii) not owed in the amount claimed; or ``(iii) not supported by adequate documentation. ``(B) If a claims audit report identifies deficiencies in the proof of claim as described in paragraph (2)(A), the United States trustee shall-- ``(i) if appropriate, report the deficient filing to the United States Attorney pursuant to section 3057 of title 18; and ``(ii) if advisable, take appropriate action, including objecting to the proof of claim under section 502(b) of title 11, or commencing an action under section 113(b) of title 11, against entities responsible for the deficiencies.''. (b) Title 11.--Section 502(b) of title 11, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(10) the court finds the entity filing a proof of claim that was selected for audit under section 586(g) of title 28 failed to make available to the auditor for inspection necessary accounts, papers, documents, financial records, files, or other papers, that were requested by the auditor.''. SEC. 5. TREATMENT OF SERVICEMEMBERS IN FORECLOSURE. Section 362(d) of title 11, United States Code, is amended by adding at the end of the undesignated matter following paragraph (4) the following: ``In any case under this title involving a servicemember, as defined in section 101 of the Servicemembers Civil Relief Act, to whom section 303 of that Act applies, no action may be taken under this subsection unless the party in interest certifies, under penalty of perjury, that the requirements of section 303 of the Servicemembers Civil Relief Act have been met.''. SEC. 6. EFFECTIVE DATES. (a) Remedies; Duty To Address Claims.--The provisions of section 113 and section 362(d) of title 11, United States Code, and paragraph (9) of section 586(a) of title 28, United States Code, added by this Act, shall become effective with respect to all cases filed or pending under title 11, United States Code, on or after the date of enactment of this Act. (b) Auditing of Proofs of Claim.--Section 586(g) of title 28, United States Code, as added by this Act, shall become effective 18 months after the date of enactment of this Act for all cases filed or pending on or after that date of enactment, except that the Director of the Executive Office for United States Trustees may, in the sole discretion of the Director, establish an earlier effective date by publishing notice in the Federal Register at least 2 weeks before the proposed effective date.

Fighting Fraud in Bankruptcy Act of 2011 - Amends federal bankruptcy law to prescribe remedies, including civil penalties, for a negligent, reckless, or fraudulent assertion of claim in a bankruptcy proceeding under either chapter 7 (liquidation) or chapter 13 (adjustment of debts of an individual with regular income). Prohibits the court, in any case involving a service member, from granting relief from an automatic stay upon request of a party in interest unless such party certifies under penalty of perjury that the requirements of the Servicemembers Civil Relief Act pertaining to mortgages used as security on real or personal property have been met. Amends the federal judicial code to confer upon the U.S. trustee the duty to exercise the trustee's powers and authorities to prevent or remedy any negligent, reckless, or fraudulent assertion of a claim. Requires the Director of the Executive Office for U.S. Trustees to establish specified audit procedures to determine the accuracy, veracity, and completeness of proofs of claim filed under federal bankruptcy laws.

A bill to address remedies in bankruptcy for negligent, reckless, or fraudulent assertion of claim.