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SECTION 1. SHORT TITLE. This Act may be cited as the ``Parent and Teacher Achievement Act of 2001''. SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. (a) Amendments.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part D the following: ``PART E--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. ``(a) State Awards.--From funds made available under subsection (b) for a fiscal year, the Secretary shall make an award to each State that-- ``(1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every 3 to 5 years; ``(2) has an elementary school and secondary school teacher compensation system that is based on merit; and ``(3) requires elementary school and secondary school teachers to earn continuing education credits as part of a State recertification process. ``(b) Available Funding.--Notwithstanding any other provision of law, the amount of funds that are available to carry out this section for a fiscal year is 50 percent of the amount of funds appropriated to carry out this title that are in excess of the amount so appropriated for fiscal year 2001, except that no funds shall be available to carry out this section for any fiscal year for which-- ``(1) the amount appropriated to carry out this title exceeds $600,000,000; or ``(2) each of the several States is eligible to receive an award under this section. ``(c) Award Amount.--A State shall receive an award under this section in an amount that bears the same relation to the total amount available for awards under this section for a fiscal year as the number of States that are eligible to receive such an award for the fiscal year bears to the total number of all States so eligible for the fiscal year. ``(d) Use of Funds.--Funds provided under this section may be used by States to carry out the activities described in section 2207. ``(e) Definition of State.--In this section, the term `State' means each of the 50 States and the District of Columbia.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2001. SEC. 3. TEACHER TESTING AND MERIT PAY. (a) In General.--Notwithstanding any other provision of law, a State may use Federal education funds-- (1) to carry out a test of each elementary school or secondary school teacher in the State with respect to the subjects taught by the teacher; or (2) to establish a merit pay program for the teachers. (b) Definitions.--In this section, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 4. NONREFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES. (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 25B the following new section: ``SEC. 25C. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses (within the meaning of section 530(b)(4)) with respect to one or more qualifying students which are paid or incurred by the individual during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1000 per qualifying student. ``(2) Maximum tuition expenses.--The tuition expenses which may be taken into account in determining qualified elementary and secondary education expenses for any taxable year shall not exceed $500 per qualifying student. ``(c) Qualifying Student.--For purposes of this section, the term `qualifying student' means a dependent (within the meaning of section 152) or a relative of the taxpayer who is enrolled in school (as defined in section 530(b)(4)(B)) on a full-time basis. For purposes of the preceding sentence, the term `relative' means an individual bearing a relationship to the taxpayer which is described in any of paragraphs (1) through (8) of section 152(a). ``(d) Denial of Double Benefit.--No deduction or exclusion shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for elementary and secondary school expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(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 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) 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 ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Conforming Amendment.--The table of sections for subpart B 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. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits), as amended by section 4(a), is amended by adding at the end the following new section: ``SEC. 30C. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible educator, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1,000. ``(c) Definitions.-- ``(1) Eligible educator.--The term `eligible educator' means an individual who is a teacher, instructor, counselor, principal, or aide in a school (as defined in section 530(b)(4)(B)) for at least 900 hours during a school year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible educator in the classroom. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) 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 ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4(b), is amended by adding at the end the following new item: ``Sec. 30C. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 7. ADJUSTED GROSS INCOME DETERMINED BY TAKING INTO ACCOUNT PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain trade and business deductions of employees) is amended by adding at the end the following: ``(D) Professional development expenses of elementary and secondary school teachers.--The deductions allowed by section 162 which consist of expenses, not in excess of $1,500, paid or incurred by an eligible educator (as defined section 30C(c)(1)) by reason of the participation of the educator in professional development courses which are related to the curriculum and academic subjects in which the educator provides instruction or to the students for which the educator provides instruction and which are part of a program of professional development which is approved and certified by the appropriate local educational agency (as defined by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subparagraph).''. (b) Special Rules.--Section 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(d) Special Rules.--A deduction shall be allowed under subsection (a)(2)(D) for expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Parent and Teacher Achievement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program for State incentives for teacher testing and merit pay. Directs the Secretary of Education to make an award of such program funds to each State that: (1) administers a test to each elementary and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; (2) has school teacher compensation system that is based on merit; and (3) requires school teachers to earn continuing education credits as part of a State recertification process.Allows States, regardless of any other Federal law, to use Federal education funds to: (1) test elementary or secondary school teachers in the subjects they teach; or (2) establish a merit pay program for such teachers.Amends the Internal Revenue Act to provide certain tax credits for: (1) elementary and secondary school expenses; (2) contributions for the benefit of elementary and secondary schools; and (3) elementary and secondary school teachers who provide classroom materials. Allows elementary and secondary school teachers to take a tax deduction for certain professional development expenses.

A bill to provide incentives for States to establish and administer periodic testing and merit pay programs for elementary school and secondary school teachers, and for other purposes.

I72SECTION 1. SHORT TITLE. I20This Act may be cited as the ``The Diesel Tax Fairness Act of 2008''. I72SEC. 2. TEMPORARY REDUCTION IN EXCISE TAX ON KEROSENE AND DIESEL FUEL TO THE RATE APPLICABLE TO GASOLINE. I20(a) T5In GeneralK._Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: I20``(f) T5Temporary Reduction of Tax on Diesel Fuel and Kerosene (Other Than Aviation-Grade Kerosene)K._ I22``(1) T4In generalK._During the temporary reduction period_ I24``(A) the rate of tax applicable under subsection (a)(2)(A)(iii) shall be 18.3 cents, and I24``(B) the rate of tax applicable under subsection (a)(2)(D) shall be 14.8 cents. I22``(2) T4Temporary reduction periodK._For purposes of this subsection, the temporary reduction period is the period_ I24``(A) beginning on the date of the enactment of this subsection, and I24``(B) ending on December 31, 2010. I22``(3) T4Maintenance of trust fund depositsK._In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this subsection in any rate shall be treated as taxes received in the Treasury under such rate.''. I20(b) T5Effective DateK._The amendment made by this section shall take effect on the date of the enactment of this Act. I72SEC. 3. FLOOR STOCKS REFUNDS. I20(a) T5In GeneralK._If_ I22(1) before the date of the enactment of this Act, a tax referred to in section 4081(f)(1) of the Internal Revenue Code of 1986 has been imposed on any liquid, and I22(2) on such date such liquid is held by a dealer and has not been used and is intended for sale, I20there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. I20(b) T5Time for Filing ClaimsK._No credit or refund shall be allowed or made under this section unless_ I22(1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, and I22(2) in any case where liquid is held by a dealer (other than the taxpayer) on the date of the enactment of this Act_ I24(A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after such date, and I24(B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. I20(c) T5Exception for Fuel Held in Retail StocksK._No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. I20(d) T5DefinitionsK._For purposes of this section, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer. I20(e) T5Certain Rules To ApplyK._Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. I72SEC. 4. FLOOR STOCKS TAX. I20(a) T5Imposition of TaxK._In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. I20(b) T5Liability for Tax and Method of PaymentK._ I22(1) T4Liability for taxK._A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. I22(2) T4Method of paymentK._The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. I22(3) T4Time of paymentK._The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. I20(c) T5DefinitionsK._For purposes of this section_ I22(1) T4Held by a personK._A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). I22(2) T4Taxable liquidK._The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene). I22(3) T4Floor stocks dateK._The term ``floor stocks tax date'' means January 1, 2011. I22(4) T4SecretaryK._The term ``Secretary'' means the Secretary of the Treasury. I20(d) T5Exception for Exempt UsesK._The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 4081(a)(2) of such Code is allowable for such use. I20(e) T5Exception for Fuel Held in Vehicle TankK._No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. I20(f) T5Exception for Certain Amounts of FuelK._ I22(1) T4In generalK._No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. I22(2) T4Exempt fuelK._For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). I22(3) T4Controlled groupsK._For purposes of this section_ I24(A) T4CorporationsK._ I26(i) T4In generalK._All persons treated as a controlled group shall be treated as 1 person. I26(ii) T4Controlled groupK._The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. I24(B) T4Nonincorporated persons under common controlK._Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. I20(g) T5Other Laws ApplicableK._All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter. S6301I76�08 

Diesel Tax Fairness Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel and kerosene (from 24.3 cents to 18.3 cents per gallon) and diesel fuel emulsion (from 19.7 cents to 14.8 cents per gallon) until December 31, 2010.

To amend the Internal Revenue Code of 1986 to temporarily reduce the excise tax on diesel fuel and kerosene to the rate applicable to gasoline.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial Monetary Commission Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Constitution endows Congress with the power ``to coin money, regulate the value thereof''. (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years--most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery--have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress--consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States--has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Centennial Monetary Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) Study of Monetary Policy.--The Commission shall-- (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including-- (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including-- (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on Monetary Policy.--Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) Voting members by position.--The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members.--The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members.--The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment.--Each member shall be appointed for the life of the Commission. (c) Timing of Appointment.--All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further meetings.--The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum.--Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) Obtaining Official Data.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data.--The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by-- (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal Service.--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. SEC. 7. COMMISSION PERSONNEL. (a) Appointment and Compensation of Staff.-- (1) In general.--Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of pay for a person occupying a position at level IV of the Executive Schedule. (c) 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 such department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 8. TERMINATION. (a) In General.--The Commission shall terminate on February 28, 2015. (b) Administrative Activities Before Termination.--The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committee of Congress concerning its report. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; and (3) recommend a course for U.S. monetary policy going forward.

Centennial Monetary Commission Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iranian Nuclear Trade Prohibition Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran has pursued a nuclear program with assistance from foreign entities and foreign governments. (2) It is important that Iran not seek to develop nuclear weapons under the cover of a civilian nuclear power program. (3) The Government of Iran has asserted that its nuclear program is for peaceful purposes, however, that Government has supported terrorist organizations and uses harsh rhetoric towards allies of the United States in the Middle East, and the United States has expressed great concern with Iran's nuclear ambitions and has worked with United States allies to end Iran's nuclear program. (4) In October 2003, the Government of Iran promised it would suspend uranium enrichment activities, but broke that promise less than a year later. (5) In November 2004, the Government of Iran, in concert with talks with representatives of the Governments of Britain, France, and Germany (the ``EU-3'') agreed to suspend all uranium enrichment and reprocessing activities related to Iran's nuclear program under the terms of the agreement made between the Islamic Republic of Iran and France, Germany and the United Kingdom, with the support of the High Representative of the European Union (the ``Paris Agreement''). (6) The EU-3 agreed to support the United States in taking Iran's nuclear program to the United Nations Security Council if Iran resumed its nuclear activities. (7) In concert with the Paris Agreement, the President announced that the United States will drop its opposition to Iran's application to join the World Trade Organization and permit, on a case-by-case basis, the licensing of spare parts for Iranian commercial aircraft. (8) Iran's uranium enrichment program is likely to be dispersed throughout the country, protected in hardened infrastructure, and highly mobile. (9) The Parliament of Iran passed a nonbinding resolution insisting that the Government of Iran resume developing nuclear fuel. (10) That resolution stated that Iran should develop enough nuclear fuel to generate 20,000 megawatts of electricity. (11) In February 2005, the Atomic Energy Agency of Russia announced that Russia would ship nuclear fuel to Iran's Busheher nuclear reactor. (12) Russia pledged to provide fuel to this facility for 10 years and, under the commitment, Iran has pledged to return spent fuel to Russia for storage. (13) Russia remains the only major nuclear fuel market closed to outside competition and 100 percent of Russia's nuclear fuel industry is owned by the Government of Russia. (14) Iran is the fourth-largest oil producer in the world. (15) Iran has a wealth of natural gas and crude oil reserves and it is estimated that Iran plans to invest $104,000,000,000 by 2015 in natural gas production and that Iran plans to increase crude oil production to 7,000,000 barrels a day by 2020. SEC. 3. SENSE OF CONGRESS ON TRADE RELATIONS WITH STATE SPONSORS OF TERRORISM. It is the sense of Congress that the countries of the world should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. SEC. 4. PROHIBITION OF ENTRY OF NUCLEAR FUEL ASSEMBLIES. The Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by inserting after section 10 the following new section: ``SEC. 10A. PROHIBITION OF ENTRY TO NUCLEAR FUEL ASSEMBLIES TO THE UNITED STATES. ``(a) In General.--Subject to subsection (b), the President shall prohibit the United States, or any entity of the United States, from purchasing nuclear fuel assemblies from any person or government entity, or any entity affiliated with such person or entity, that sells nuclear fuel assemblies to Iran. ``(b) Waiver.--The President may waive the prohibition in subsection (a) if the President-- ``(1) determines that the waiver is in the national security interest of the United States; and ``(2) at least 7 days before the waiver takes effect, notifies the required congressional committees of the President's intention to exercise the waiver. ``(c) Definitions.--In this section: ``(1) Nuclear fuel assemblies.--The term `nuclear fuel assemblies' does not include low-enriched uranium (LEU). For the purpose of the preceding sentence the term `low-enriched uranium' means a product produced using blended down weapons- grade and highly-enriched uranium (HEU) that is provided by the Russian entity Techsnabexport (also known as TENEX) in cooperation with the U.S. Enrichment Corporation, a subsidiary of USEC, Inc. ``(2) Required congressional committees.--The term `required congressional committees' means the Committee on Armed Services, the Committee on Finance, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on International Relations, and the Committee on Ways and Means of the House of Representatives.''.

Iranian Nuclear Trade Prohibition Act of 2005 - Expresses the sense of Congress that countries should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. Amends the Iran and Libya Sanctions Act of 1996 to direct the President to prohibit the United States or any U.S. entity from purchasing nuclear fuel assemblies (not including low-enriched uranium) from any person or government or affiliated entity that sells nuclear fuel assemblies to Iran. Authorizes the President, with congressional notification, to waive such prohibition for national security purposes.

A bill to prohibit entities that provide nuclear fuel assemblies to Iran from providing such assemblies to the United States, and for other purposes.

SECTION 1. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR SURVIVORS AND DEPENDENTS OF VETERANS. (a) Termination of Durational Limitation on Use of Educational Assistance.-- (1) Termination of limitation and restatement of continuing requirements.--Subsection (a) of section 3511 of title 38, United States Code, is amended to read as follows: ``(a)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of educational assistance described in paragraph (2) shall not be charged against the entitlement of any individual under this chapter. ``(2) The payment of educational assistance referred to in paragraph (1) is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual-- ``(A) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and ``(B) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the course pursuit.''. (2) Conforming amendments.--(A) The heading of section 3511 of such title is amended to read as follows: ``Sec. 3511. Treatment of certain interruptions in pursuit of programs of education''. (B) Section 3532(g) of such title is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (C) Section 3541 of such title is amended to read as follows: ``Sec. 3541. Special restorative training ``(a) The Secretary may, at the request of an eligible person-- ``(1) determine whether such person is in need of special restorative training; and ``(2) if such need is found to exist, prescribe a course which is suitable to accomplish the purposes of this chapter. ``(b) A course of special restorative training under subsection (a) may, at the discretion of the Secretary, contain elements that would contribute toward an ultimate objective of a program of education.''. (D) Section 3695(a)(4) of such title is amended by striking ``35,''. (b) Extension of Delimiting Age of Eligibility for Dependents.-- Section 3512(a) of title 38, United States Code, is amended by striking ``twenty-sixth birthday'' each place it appears and inserting ``thirtieth birthday''. (c) Amount of Educational Assistance.-- (1) In general.--Section 3532 of title 38, United States Code, is amended to read as follows: ``Sec. 3532. Amount of educational assistance ``(a) The aggregate amount of educational assistance to which an eligible person is entitled under this chapter is $80,000, as increased from time to time under section 3564 of this title. ``(b) Within the aggregate amount provided for in subsection (a), educational assistance under this chapter may be paid for any purpose, and in any amount, as follows: ``(1) A program of education consisting of institutional courses. ``(2) A full-time program of education that consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. ``(3) A farm cooperative program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of any period of twelve consecutive months that is pursued by an eligible person who is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. ``(4) A course or courses or other program of special educational assistance as provided in section 3491(a) of this title. ``(5) A program of apprenticeship or other on-job training pursued in a State as provided in section 3687(a) of this title. ``(6) In the case of an eligible spouse or surviving spouse, a program of education exclusively by correspondence as provided in section 3686 of this title. ``(7) A special training allowance for special restorative training as provided in section 3542 of this title. ``(c) If a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, any educational assistance for such person under this chapter shall be paid at the rate of $0.50 for each dollar. ``(d)(1) Subject to paragraph (2), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3501(a)(5) of this title is the lesser of $2,000 or the fee charged for the test. ``(2) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual's available entitlement under this chapter.''. (2) Conforming amendments.--(A) Section 3533 of such title is amended to read as follows: ``Sec. 3533. Tutorial assistance ``An eligible person shall, without any charge to any entitlement of such person to educational assistance under section 3532(a) of this title be entitled to the benefits provided an eligible veteran under section 3492 of this title.''. (B) Section 3534 of such title is repealed. (C) Section 3542 of such title is amended-- (i) in subsection (a), by striking ``computed at the basic rate'' and all that follows through the end of the subsection and inserting a period; and (ii) in subsection (b), by striking ``an educational assistance allowance'' and inserting ``educational assistance''. (D) Section 3543(c) of such title is amended-- (i) in paragraph (1), by adding ``and'' at the end; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (E) Section 3564 of such title is amended by striking ``rates payable under sections 3532, 3534(b), and 3542(a)'' and inserting ``aggregate amount of educational assistance payable under section 3532''. (F) Paragraph (1) of section 3565(b) of such title is amended to read as follows: ``(1) educational assistance payable under section 3532 of this title, including the special training allowance referred to in subsection (b)(7) of such section, shall be paid at the rate of $0.50 for each dollar; and''. (G) Section 3687 of such title is amended-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1), by striking ``or an eligible person (as defined in section 3501(a) of this title)''; and (II) in the flush matter following paragraph (2), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; (ii) in subsection (c), by striking ``chapters 34 and 35'' and inserting ``chapter 34''; and (iii) in subsection (e), by striking paragraph (3) and inserting the following new paragraph (3): ``(3) In this subsection, the term `individual' means an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title.''. (d) Other Conforming Amendments.--(1) Section 3524 of title 38, United States Code, is amended by striking ``allowance'' each place it appears. (2)(A) Section 3531 of such title is amended-- (i) in subsection (a), by striking ``an educational assistance allowance'' and inserting ``educational assistance''; and (ii) in subsection (b), by striking ``allowance''. (B) The heading of such section is amended by striking ``allowance''. (3) Section 3537(a) of such title is amended by striking ``additional''. (e) Clerical Amendments.--The table of sections at the beginning of chapter 35 of title 38, United States Code, is amended-- (1) by striking the item relating to section 3511 and inserting the following new item: ``3511. Treatment of certain interruptions in pursuit of programs of education.''; (2) by striking the items relating to section 3531, 3532, and 3533 and inserting the following new items: ``3531. Educational assistance. ``3532. Amount of educational assistance. ``3533. Tutorial assistance.''; (3) by striking the item relating to section 3534; and (4) by striking the item relating to section 3541 and inserting the following new item: ``3541. Special restorative training.''. (f) Effective Dates.--(1) The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Notwithstanding the effective date under paragraph (1) of the amendment to section 3564 of title 38, United States Code, made by subsection (c)(2)(E), the Secretary of Veterans Affairs shall make the first increase in the aggregate amount of educational assistance under section 3532 of such title as required by such section 3564 (as so amended) for fiscal year 2006.

Revises basic educational assistance for veterans' survivors and dependents to: (1) eliminate the present 45 month cap on benefit payments and set an aggregate limit of $80,000; (2) extend from a dependent's 26th to 30th birthday the delimiting age for the use of such assistance; (3) increase the amount of such assistance for survivors and dependents pursuing certain types of education; and (4) authorize the provision of tutorial assistance to such individuals without charge to their educational assistance entitlement.

To amend title 38, United States Code, to expand and enhance educational assistance for survivors and dependents of veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Marriage from the Courts Act of 2015''. SEC. 2. LEGISLATIVE FINDINGS. The Senate makes the following findings: (1) In Baker v. Nelson, 409 U.S. 810 (1972), the Supreme Court of the United States upheld a State law defining marriage as the union of one man and one woman against a constitutional challenge by a same-sex couple seeking to marry. The Court rejected the challenge in a one-sentence order that read, ``The appeal is dismissed for want of a substantial federal question.''. (2) The Supreme Court's judgment in Baker is as sound today as it was then. Challenging a State marriage law on the basis that it does not extend to same-sex couples raises no substantial Federal question because nothing in the text or history of the 14th Amendment to the Constitution of the United States even arguably indicates a general public understanding at the time of ratification that the ratifiers had adopted a constitutional principle that invalidated State laws defining marriage as a male-female union. (3) It follows that the power to decide whether to extend the legal status and benefits of marriage to same-sex couples does not belong to the courts, but rests instead with the people through their elected State representatives, unless their State constitutions provide otherwise. The Constitution of the United States leaves it to the people of each State to decide for themselves through their democratic processes how to redefine the legal meaning of marriage for purposes of their respective State laws. (4) Numerous Federal courts, including the United States Courts of Appeals for the Fourth, Seventh, Ninth, and Tenth Circuits, have nevertheless invalidated State marriage laws that do not allow the licensing of same-sex marriages. In so doing, these courts have exceeded their authority under the Constitution and have usurped the people's exclusive authority to decide this issue. Pending before the Supreme Court are 4 related cases challenging the marriage laws in Kentucky, Michigan, Ohio, and Tennessee. (5) The purpose of this Act (including the amendment made by this Act) is to maintain the authority of the States to define marriage and to prevent, consistent with the Constitution, any further unlawful action by Federal courts until such time as an amendment to the Constitution is enacted unequivocally guaranteeing that the States have the power to define marriage as limited to the union of one man and one woman. (6) This Act prevents that unlawful action by eliminating the jurisdiction of all courts created by Federal law, as well as the appellate jurisdiction of the Supreme Court, to adjudicate claims pertaining to the constitutionality of State marriage laws. Because section 1 of article III of the Constitution gives Congress the power to ``ordain and establish'' ``inferior Courts'', the Supreme Court has long held that Congress has the power to limit the jurisdiction of the lower Federal courts. See Palmore v. United States, 411 U.S. 389, 400-01 (1973). In addition, section 2 of article III of the Constitution gives Congress the power to make ``Exceptions'' to the appellate jurisdiction of the Supreme Court. The Supreme Court itself has acknowledged that this power applies even to cases that are pending before the Court. See Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1869). (7) Finally, this Act makes clear that a court's judgment only applies to the parties before the court and that nonparties have no legal obligation to comply with the decision until so ordered by a court. SEC. 3. LIMITATION OF JURISDICTION. (a) In General.--Chapter 99 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1632. Limitations on Federal jurisdiction ``(a) No court created by Federal law shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to adjudicate or enforce any claim pertaining to the validity, under the Constitution of the United States, of a State law, or State administrative or judicial decision, that-- ``(1) defines marriage as limited to the union of one man and one woman; or ``(2) refuses State recognition of or allows the State to refuse recognition of same-sex marriages performed and licensed in other States. ``(b) To the extent that either a court created by Federal law or the Supreme Court has entered a final judgment on a claim described in subsection (a) before the effective date of this section, that judgment binds only the parties to the case. No person who is not a party to the case shall have any obligation to comply with the decision in the case.''. (b) Severability.--If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected. (c) Effective Date and Application.-- (1) Effective date.--This Act (including the amendment made by this Act) takes effect on the date of enactment of this Act. (2) Application.--This Act applies to all claims pending on or after that date of enactment. (d) Amendments to the Table of Sections.--The table of sections for chapter 99 of title 28, United States Code, is amended by adding at the end the following: ``1632. Limitations on Federal jurisdiction.''.

Protect Marriage from the Courts Act of 2015 Prohibits federal courts from having jurisdiction to adjudicate or enforce any claim pertaining to the validity, under the U.S. Constitution, of a state law or a state administrative or judicial decision that: (1) defines marriage as limited to the union of one man and one woman, or (2) refuses state recognition of, or allows the state to refuse recognition of, same-sex marriages performed and licensed in other states. Allows final judgments entered by federal courts before the enactment of this Act to remain binding on the parties to the case, but persons who are not a party to such a case are not obligated to comply with such decisions.

Protect Marriage from the Courts Act of 2015

SECTION 1. CONVEYANCE OF LAND, FORMER FORT BAYARD MILITARY RESERVATION, GRANT COUNTY, NEW MEXICO. (a) In General.--Subject to this Act, the Secretary of Agriculture shall convey the lands described in subsection (b) to one or more eligible buyers for the purpose of business and community development. (b) Land Described.--The lands to be conveyed under subsection (a) are the following lands that were formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, comprising approximately 1,499 acres, and are situated in sections: Township 17 South, Range 12 West, New Mexico Principal Meridian. Section 30, all within the former Fort Bayard Military Reservation (31 acres more or less). Section 31, all within the former Fort Bayard Military Reservation (155 acres more or less). Township 17 South, Range 13 West, New Mexico Principal Meridian. Section 34, all within the former Fort Bayard Military Reservation (584 acres more or less). Section 35, all within the former Fort Bayard Military Reservation less lands conveyed under other Federal authorities to the Village of Central (Santa Clara), and the State of New Mexico (216 acres more or less). Section 36, all within the former Fort Bayard Military Reservation (513 acres more or less). (c) Eligible Buyers.--For the purposes of this Act, eligible buyers are the village of Santa Clara, the city of Bayard, and the county of Grant in the State of New Mexico. SEC. 2. CONDITIONS. In making the conveyance under section 1, the Secretary of Agriculture-- (1) shall sell the land in tracts of not less than 40 acres; (2) shall require as consideration for the land the market price of the land in its present state of use as agricultural grazing lands as determined by the Secretary; (3) shall protect all valid existing rights; (4) shall reserve easements for existing facilities such as roads, telephone lines, pipelines, electric power transmission lines, or other facilities or improvements in place; (5) shall reserve such easements for roads as the Secretary of Agriculture finds necessary to assure access to lands of the United States or to meet public needs; and (6) may contain such additional terms, conditions, reservations, and restrictions as may be determined by the Secretary of Agriculture to be necessary to protect the interests of the United States. SEC. 3. APPROVAL OF ALL PARTIES REQUIRED FOR CONVEYANCE. The Secretary of Agriculture shall not make a conveyance under this Act to any one of the eligible buyers, without written approval of the two nonacquiring eligible buyers. SEC. 4. HISTORIC OR PREHISTORIC SITES. If historic or prehistoric cultural properties are located upon the lands to be conveyed under section 1, the Secretary of Agriculture shall be responsible for the costs and recovery of these sites and shall do so in a timely manner so as not to unduly restrict future use of the selected lands by the acquiring party. The Secretary may, at the Secretary's discretion, use a deed reservation to retain historic or prehistoric properties in the ownership of the United States instead of site recovery, if agreeable to the acquiring party. SEC. 5. SALE OF MINERAL INTERESTS. (a) Inclusion in Conveyance.--Upon application by the acquiring party, all the undivided mineral interest of the United States in any parcel or tract sold pursuant to this Act shall be conveyed to the acquiring party or its successor in title by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as the Secretary of the Interior deems necessary or appropriate. (b) Administrative Costs.-- (1) Deposit and payment.--Each application for a conveyance to be made under this Act shall be accompanied by a nonrefundable deposit to be applied to related administrative costs as determined by the Secretary of the Interior. If the conveyance is made pursuant to an application, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to the application, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit. (2) Definition.--For the purposes of this section, the term ``administrative costs'' includes, in addition to other items, all costs that the Secretary of the Interior determines are included in a determination of-- (A) the mineral character of the land in question; and (B) the fair market value of the mineral interest. (c) Amounts Paid Into Treasury.--Amounts paid to the Secretary of the Interior under this section shall be paid into the Treasury of the United States as miscellaneous receipts.

Directs the Secretary of Agriculture (USDA) to convey at current state of agricultural use market prices specified lands formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, to the Village of Santa Clara, the City of Bayard, and Grant County, New Mexico, in tracts of not less than 40 acres, for business and community development. Requires approval of all parties for any such conveyance. Provides that the Secretary shall be responsible for the costs and recovery of any historic or prehistoric cultural properties located on such lands.

To direct the Secretary of Agriculture to convey lands of the former Fort Bayard Military Reservation in Grant County, New Mexico, to the village of Santa Clara, the city of Bayard, or the county of Grant in that State, in tracts of not less than 40 acres, and at market price at its present state of use as agricultural grazing lands as determined by the Secretary, for business and community development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Quality Education Act of 2011''. SEC. 2. EQUAL ACCESS TO QUALITY EDUCATION GRANT PROGRAM. (a) In General.--The Secretary of Education shall make grants on a competitive basis to eligible partnerships in high-need areas to develop and strengthen high-quality pathways for the teaching and education leadership professions, to create professional induction programs for the teaching profession, and to provide a stable and collaborative learning environment for educators and students. (b) Purposes.--The purposes of the grant program established under this section shall be to-- (1) increase the percentage of highly qualified teachers in a State, including teachers from under-represented minority groups; (2) close the achievement gap for students within subgroups that are not showing expected performance; (3) decrease shortages of highly qualified teachers in poor urban and rural areas; (4) decrease high turnover rates for educators in high-need schools; (5) increase the number of highly qualified teachers in shortage areas, including special education, bilingual education, and education for English language learners, and in science, mathematics, engineering, and technology; (6) increase opportunities for enhanced and ongoing professional development that-- (A) improves the academic content knowledge of teachers in the subject areas in which teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; (B) promotes strong teaching skills, including instructional strategies that address diverse needs, the use of data to inform instruction, and strategies to improve student achievement; and (C) provides time for teachers to share their knowledge and innovation; and (7) provide all educators with the knowledge base and professional skills to meet the needs of diverse learners, including English language learners and students with disabilities. (c) Use of Funds.-- (1) Required uses.--A partnership that receives a grant under this section shall use the funds to-- (A) establish or support a teacher preparation program that-- (i) requires participants in the program to complete at least one year of residency at a high-need school in the local educational agency participating in the eligible partnership; (ii) requires participants in the program to teach in a high-need school in such local educational agency for at least 3 years after completing residency; and (iii) awards a teaching credential, an undergraduate degree, or a Masters degree that meets State requirements for a teaching license or certification upon completion of the program; (B) establish or support a teacher induction and retention program that-- (i) provides high-quality professional development to teachers to assist them in improving their knowledge, skills, and teaching practices in order to help students to improve their achievement and meet State academic standards; (ii) provides teachers with updated information on developments in curricula, assessments, and educational research, including the manner in which the research and data can be used to improve teaching skills and practice; (iii) provides a mentor teacher and other support for new teachers; and (iv) provides leadership opportunities for teachers, including access to career ladders and roles as curriculum and instructional leaders, mentors, and coaches; and (C) otherwise fulfill the purposes described in subsection (b). (2) Authorized uses.--In addition to the activities described in paragraph (1), a partnership that receives a grant under this section may use the funds for any of the following: (A) Providing support to each mentor teacher working with new teachers. (B) Providing preparation in effective, evidence- based instructional assessment practices and classroom management strategies for general education teachers serving students with disabilities and students with limited English proficiency. (C) Enabling teachers to engage in study groups, professional learning communities, and other collaborative activities and collegial interactions regarding instruction assessment. (D) Paying for release time and substitute teachers in order to enable teachers to participate in professional development and mentoring activities. (E) Creating libraries of professional material, catalogues of expert instruction, and education technology. (F) Providing high-quality professional development for other instructional staff, such as paraprofessionals, librarians, and counselors. (G) Developing partnerships with businesses and community-based organizations. (H) Providing tuition assistance, scholarships, or student loan repayment to teachers. (I) Providing stipends to participants in the teacher preparation program under paragraph (1)(A). (J) Providing support for home visitation, parenting education, and family engagement, especially for parents who have limited English proficiency. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible partnerships that-- (1) demonstrate a plan to recruit teachers from among minority and local candidates and from individuals with disabilities; (2) demonstrate the use of a valid and reliable teacher performance assessment; or (3) include-- (A) an institution of higher education that is an ``eligible institution'' for purposes of the TEACH Grant program under subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.); (B) a Tribal College or University, as defined in section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3)); (C) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(a) of such Act (20 U.S.C. 1059g(a)); (D) a Hispanic-serving institution, as defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5)); or (E) a historically Black college and university, as defined in section 631(a)(5) of such Act (20 U.S.C. 1132(a)). (e) Matching Requirements.-- (1) Federal share.--The Federal share of the cost of any activities funded by a grant received under this section shall not exceed 75 percent. (2) Payment of non-federal share.--The non-Federal share may be paid in cash or in kind, fairly evaluated, including services. (f) Definitions.--In this section: (1) Eligible partnership.--The term ``eligible partnership'' means a partnership-- (A) between a high-need local educational agency and an institution of higher education; and (B) that may include a teacher organization or a nonprofit educational organization. (2) Family engagement.--The term ``family engagement'' means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families, especially parents of non-Native English speakers, in meaningful ways that encourage the families to actively support their children's learning and development, as well as the learning and development of other children. The shared responsibility is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. (3) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency-- (A)(i) that serves not fewer than 10,000 low-income children; (ii) for which not less than 20 percent of the children served by the agency are low-income children; or (iii) that has a percentage of low-income children that is above the highest quartile among such agencies in the State; and (B)(i) for which one or more schools served by the agency has a high percentage of teachers who are not highly qualified; or (ii) for which one or more schools served by the agency has a high teacher turnover rate. (4) Highly qualified.--The term ``highly qualified'' has the meaning given the term in section 9101(23) of the Elementary and Secondary Education Act (20 U.S.C. 7801(23)). The definition given the term ``highly qualified teacher'' in section 163 of Public Law 111-242 shall not apply with respect to this section. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965. (6) Low-income children.--The term ``low-income children'' means-- (A) children from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or (B) children who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act. (7) Mentor teacher.--The term ``mentor teacher'' means a teacher who-- (A) is highly qualified; (B) has a minimum of 3 years of teaching experience; and (C) is recommended by the principal and other current master and mentor teachers on the basis of-- (i) instructional excellence through observations and other evidence of classroom practice, including standards-based evaluations, such as certification by the National Board for Professional Teaching Standards; (ii) an ability, as demonstrated by evidence of student learning in high-need schools, to increase student learning; and (iii) excellent instruction and communication with an understanding of how to facilitate growth in other teachers, including new teachers. (8) Teacher performance assessment.--The term ``teacher performance assessment'' means a program, based on State or national professional teaching standards, that will measure teachers' curriculum planning, instruction, and assessment of students, including appropriate plans and adaptations for English language learners and students with disabilities, and multiple sources of evidence about student learning. Such assessment will be validated against professional assessment standards and reliably scored by trained external evaluators with appropriate auditing of scoring to ensure consistency. (9) Teaching credential.--The term ``teaching credential'' means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists of courses required by a State for a teacher candidate to receive a professional certification or license that is required for employment as a teacher in an elementary school or secondary school in that State.

Equal Access to Quality Education Act of 2011 - Directs the Secretary of Education to award competitive matching grants to partnerships between high-need local educational agencies (LEAs) and institutions of higher education (IHEs) to: (1) establish or support teacher preparation programs, and (2) establish or support teacher induction and retention programs. Requires the teacher preparation programs to: (1) require participants to complete at least one year of residency followed by at least three years of teaching at the LEA's high-need schools, and (2) award participants a teaching credential or degree that meets state requirements for a teaching license or certification upon their completion of the program. Requires the teacher induction and retention programs to provide teachers with: (1) high-quality professional development; (2) updated information on developments in curricula, assessments, and educational research; (3) a mentor teacher and other support if they are new teachers; and (4) leadership opportunities. Allows the grants to be used for certain other activities designed to improve the quality of education in high-need areas. Gives grant priority to partnerships that: (1) have a plan to recruit teachers from among minority and local candidates and the disabled; (2) use a valid and reliable teacher performance assessment; or (3) include an IHE eligible to participate in the TEACH Grant program, a Tribal College or University, an Asian American and Native American Pacific Islander-serving institution, an Hispanic-serving institution, or an historically Black college and university.

To establish a grant program to ensure that students in high-need schools have equal access to a quality education delivered by an effective, diverse workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Use Invigoration Land Development Act''. SEC. 2. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. GRANT PROGRAM TO PROMOTE THE REDEVELOPMENT OF REMEDIATED SITES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Remediated site.--The term `remediated site' means any real property with respect to which requirements under Federal or State law for remediation of hazardous substances, pollutants, and contaminants have been completed. ``(2) Low-income geographic area.--The term ``low-income geographic area'' means-- ``(A) any population census tract (or in the case of an area that is not tracted for population census tracts, the equivalent county division, as defined by the Bureau of the Census of the Department of Commerce for purposes of defining poverty areas), if-- ``(i) the poverty rate for that census tract is not less than 20 percent; ``(ii) in the case of a tract-- ``(I) that is located within a metropolitan area, 50 percent or more of the households in that census tract have an income equal to less than 60 percent of the area median gross income; or ``(II) that is not located within a metropolitan area, the median household income for such tract does not exceed 80 percent of the statewide median household income; or ``(iii) as determined by the Administrator based on objective criteria, a substantial population of low-income individuals reside, an inadequate access to investment capital exists, or other indications of economic distress exist in that census tract; or ``(B) any area located within-- ``(i) a HUBZone (as defined in section 3(p) of the Small Business Act and the implementing regulations issued under that section); ``(ii) an urban empowerment zone or urban enterprise community (as designated by the Secretary of Housing and Urban Development); or ``(iii) a rural empowerment zone or rural enterprise community (as designated by the Secretary of Agriculture). ``(b) Establishment.--In accordance with this section, the Administrator may make grants to eligible entities to enable such entities to participate in the redevelopment of remediated sites. ``(c) Eligibility.--Each of the following entities is eligible to receive assistance under this section: ``(1) A small business concern. ``(2) A locally based organization that represents small business concerns. ``(3) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or by a local government. ``(d) Use of Funds.--Assistance made available under this section may be used only-- ``(1) for the development of plans for the reuse of a remediated site; or ``(2) to perform marketing analyses with respect to a remediated site. ``(e) Application.--An eligible entity seeking assistance made available under this section shall submit to the Administrator an application in such form as the Administrator may require. ``(f) Selection Criteria.--In selecting entities to receive assistance under this section, the Administrator shall consider each of the following: ``(1) The ability of the entity to develop plans for the reuse of the remediated site and to perform marketing analyses with respect to the remediated site. ``(2) The extent to which the redevelopment of the remediated site proposed to be redeveloped by the entity would create jobs and other social and economic benefits to the local community and business opportunities for small business concerns. ``(3) The extent to which the entity's use of assistance will maximize the leveraging of private sector funds. ``(4) The extent to which the entity will use assistance to redevelop a remediated site located in a low-income geographic area. ``(g) Grant Amount.--Each grant award made under this section shall be of sufficient size to carry out the goals of this section, but shall not exceed $200,000. ``(h) Loss of Eligibility and Repayment.--If the Administrator determines that an entity receiving assistance made available under this section violates any condition placed on the receipt of such assistance, the Administrator-- ``(1) may make no additional assistance available to such entity under this section; and ``(2) may require the entity to repay, in whole or in part, the assistance made available to the entity under this section. ``(i) Report to Administrator.--Not later than 2 years after receiving assistance made available under this section, each eligible entity receiving such assistance shall transmit to the Administrator a report describing how the assistance was used. ``(j) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated the sum of $4,000,000 for each of fiscal years 2003 through 2005. ``(2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended.''. SEC. 3. INCREASED PARTICIPATION LEVEL FOR LOANS TO SMALL BUSINESSES LOCATED ON REMEDIATED SITES. Clause (i) of section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) shall be applied by substituting ``90 percent'' for ``75 percent'' and clause (ii) of such section shall be applied by substituting ``90 percent'' for ``85 percent'' in the case of any loan made-- (1) to a small business concern located or locating on a remediated site (as such term is defined in section 36(a)(1) of the Small Business Act (as amended by this Act)) with respect to which a grant has been made under such section; and (2) during the 5-year period beginning on the date that such grant is made. SEC. 4. FUNDING FROM DEVELOPMENT COMPANIES TO REDEVELOP REMEDIATED SITES. Section 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended-- (1) in subparagraph (G), by striking ``or''; (2) in subparagraph (H), by striking the period and inserting ``, or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) redevelopment of remediated sites (as defined in section 36(a)(1) of the Small Business Act).''. SEC. 5. EXEMPTION FROM OUTSTANDING LEVERAGE LIMITS FOR SBIC INVESTMENTS IN REMEDIATED SITES. Paragraphs (2)(C) and (4)(D) of section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) are amended by-- (1) inserting ``or on a remediated site (as defined in section 36(a)(1) of the Small Business Act)'' after ``located in a low-income geographic area (as defined in section 351)''; and (2) by striking ``low-income'' in the headings of such paragraphs and inserting ``certain''.

Brownfields Use Invigoration Land Development Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make grants to a small business, a local organization that represents small businesses, or a local redevelopment agency chartered, established, or otherwise sanctioned by a State or local government to participate in the redevelopment of remediated sites (real property with respect to which requirements under Federal or State law for the remediation of hazardous substances, pollutants, and contaminants have been completed). Sets a maximum per-grant limit of $200,000. Increases to 90 percent of the amount of the outstanding financing the level of SBA participation in guaranteed loans made to small businesses on a deferred basis for small businesses located or locating on a remedial site.Amends the Small Business Investment Act of 1958 to: (1) authorize the SBA to provide assistance to State development companies for projects for the redevelopment of remediated sites; and (2) exempt from current outstanding leverage limits small business investment company investments in remediated sites.

To amend the Small Business Act and the Small Business Investment Act of 1958 to authorize grants and other assistance to promote the redevelopment of certain remediated sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Act of 2005''. SEC. 2. TERMS AND CONDITIONS FOR LIQUEFIED NATURAL GAS IMPORT TERMINALS. (a) Exportation or Importation of Natural Gas.--Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended to read as follows: ``exportation or importation of natural gas ``Sec. 3. (a) Authorization Order.--No person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. ``(b) Free Trade Agreements and Liquefied Natural Gas.--With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas-- ``(1) the importation of such natural gas shall be treated as a `first sale' within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and ``(2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. ``(c) Application and Approval Process.--For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. ``(d) Authorization for Liquefied Natural Gas Import Terminals.-- (1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. ``(2) An order issued pursuant to paragraph (1) shall not be conditioned on-- ``(A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; ``(B) any regulation of the liquefied natural gas import terminal's rates, charges, terms, or conditions of service; or ``(C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal's rates, charges, terms, or conditions of service. ``(3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. ``(4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. ``(5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. ``(e) Schedule and Administrative Record.--(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. ``(2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. ``(3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). ``(4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). ``(f) Judicial Review.--(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. ``(2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. ``(g) Lead Agency.--With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. (b) Definition.--Section 2 of the Natural Gas Act (15 U.S.C. 717a) is amended by adding at the end the following new paragraph: ``(11) `Liquefied natural gas import terminal' includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities.''.

Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas. Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization. Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law. Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings. Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities.

To require certain terms and conditions for the siting, construction, expansion, and operation of liquefied natural gas import terminals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Resiliency, Security, and Source Water Protection Act''. SEC. 2. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION PLANNING. Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) is amended to read as follows: ``SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION. ``(a) Source Water and Distribution System Vulnerability Assessments.-- ``(1) In general.--Not later than 24 months after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, each community water system shall submit to the Administrator source water and distribution system vulnerability assessments. ``(2) Identification of threats.--Assessments submitted pursuant to paragraph (1) shall identify-- ``(A) threats to the community water system's source water from industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration; ``(B) threats to the community water system's source water and distribution system from climate change, extreme weather, drought, and temperature changes; and ``(C) threats to the community water system's source water and distribution system from intentional acts, including intentional contamination, sabotage, and theft of any chemical of interest (as designated under Appendix A to part 27 of title 6, Code of Federal Regulations, or any successor thereto). ``(3) Assessment of alternatives.--Assessments submitted pursuant to paragraph (1) shall include a comparison of the disinfection methods used by the community water system and reasonably available alternative disinfection methods, including a determination of whether reasonably available alternative disinfection methods could reduce the community water system's vulnerability to the threats identified pursuant to paragraph (2). ``(4) Periodic review and resubmission.--Each community water system submitting a vulnerability assessment pursuant to paragraph (1) shall review, revise as necessary, and resubmit such assessment not less often than every 5 years. ``(5) Guidance.--Not later than 1 year after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, the Administrator shall provide guidance to community water systems for the preparation of vulnerability assessments under this subsection. ``(b) Source Water and Distribution System Protection Plans.-- ``(1) In general.--Not later than 4 years after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, each community water system shall submit to the Administrator source water and distribution system protection plans. ``(2) Mitigation of identified threats.--Plans submitted pursuant to paragraph (1) shall identify strategies and resources to mitigate the threats identified in assessments prepared pursuant to subsection (a). ``(3) Emergency response planning.--Plans submitted pursuant to paragraph (1) shall include specific emergency response plans for the threats identified in assessments prepared pursuant to subsection (a). ``(4) Periodic review and resubmission.--Each community water system submitting a plan pursuant to paragraph (1) shall review, revise as necessary, and resubmit such plan not less often than every 5 years. ``(5) Guidance.--Not later than one year after the date of enactment of the Climate Resiliency, Security, and Source Water Protection Act, the Administrator shall provide guidance to community water systems for the preparation of plans under this subsection. ``(c) Technical Assistance and Grants.-- ``(1) In general.--The Administrator shall establish and implement a program, to be known as the Drinking Water Infrastructure Resiliency and Sustainability Program, under which the Administrator may award grants in each of fiscal years 2017 through 2021 to owners or operators of community water systems for the purpose of increasing the resiliency or adaptability of the community water systems to threats identified pursuant to subsection (a). ``(2) Use of funds.--As a condition on receipt of a grant under this section, an owner or operator of a community water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project consistent with a plan developed pursuant to subsection (b). ``(3) Priority.-- ``(A) Water systems at greatest and most immediate risk.--In selecting grantees under this subsection, the Administrator shall give priority to applicants that are owners or operators of community water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to threats described in subsection (a)(2). ``(B) Goals.--In selecting among applicants described in subparagraph (A), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet one or more of the following goals: ``(i) Promoting more efficient water use, water conservation, water reuse, or water recycling. ``(ii) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. ``(iii) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. ``(iv) Modifying, upgrading, enhancing, or replacing existing community water system infrastructure in response to changing hydrologic conditions. ``(v) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. ``(vi) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. ``(4) Cost-sharing.-- ``(A) Federal share.--The share of the cost of any activity that is the subject of a grant awarded by the Administrator to the owner or operator of a community water system under this subsection shall not exceed 50 percent of the cost of the activity. ``(B) Calculation of non-federal share.--In calculating the non-Federal share of the cost of an activity proposed by a community water system in an application submitted under this subsection, the Administrator shall-- ``(i) include the value of any in-kind services that are integral to the completion of the activity, including reasonable administrative and overhead costs; and ``(ii) not include any other amount that the community water system involved receives from the Federal Government. ``(5) Report to congress.--Not later than 3 years after the date of the enactment of the Climate Resiliency, Security, and Source Water Protection Act, and every 3 years thereafter, the Administrator shall submit to the Congress a report on progress in implementing this subsection, including information on project applications received and funded annually. ``(6) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated $50,000,000 for each of fiscal years 2017 through 2021.''.

Climate Resiliency, Security, and Source Water Protection Act This bill amends the Safe Drinking Water Act by requiring each community water system to submit to the Environmental Protection Agency (EPA) source water and distribution system vulnerability assessments that identify threats from: industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration; climate change, extreme weather, drought, and temperature changes; and intentional acts, including intentional contamination, sabotage, and theft of any chemical of interest. Each community water system must also submit to the EPA protection plans that mitigate the threats to source water and distribution systems. The EPA must establish a grant program for increasing the resiliency or adaptability of the community water systems to threats.

Climate Resiliency, Security, and Source Water Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Retail Sales Stimulus Act of 2001''. SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary shall reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period. (b) Determination and Timing of Reimbursement.-- (1) Predetermined amount.--Not later than 30 days after the expiration of the sales tax holiday period, the Secretary shall pay to each State an amount equal to the sum of-- (A)(i) the amount of State and local sales tax payable and collected in such State during the same period in 2000 as the sales tax holiday period, times (ii) an acceleration factor equal to 1.73, plus (B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs. (2) Reconciliation amount.--Not later than 60 days after the expiration of the sales tax holiday period, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of-- (A) the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over (B) the amount determined under paragraph (1)(A) and paid to such State. (c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless-- (1) the chief executive officer of the State informs the Secretary, not later than 10 days after the date of the enactment of this Act, of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period, (2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)-- (A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than 10 days after the date of the enactment of this Act, of the intention of the State to make such an election, (B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than 10 days after the date of the enactment of this Act, of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period, (C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than 45 days after the expiration of the sales tax holiday period, the amount determined under subsection (b)(2) in a manner specified by the Secretary, (D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than 60 days after the expiration of the sales tax holiday period, and (E) the chief executive officer of the State certifies that such State-- (i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2000 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and (ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently, (3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period, (4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and (5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C). (d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census. (e) Definitions.--For purposes of this section-- (1) Home rule state.--The term ``home rule State'' means a State that does not control imposition and administration of local taxes. (2) Local.--The term ``local'' means a city, county, or other subordinate revenue or taxing authority within a State. (3) Sales tax.--The term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds, and (ii) can or is required to be directly collected by retail sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. (4) Sales tax holiday period.--The term ``sales tax holiday period'' means the 30-day period beginning on the 21st day occurring after the date of the enactment of this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. (7) Use tax.--The term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.

Consumer and Retail Sales Stimulus Act of 2001 - Directs the Secretary of the Treasury to reimburse States for the amount of State and local sales tax payable and not collected during the sales tax holiday period. Sets forth requirements and formulae for determining the amount and timing of reimbursement.

To provide Federal reimbursement to State and local governments for a 30-day sales, use, and retailers' occupation tax holiday.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Based Manufacturing Incentives Act of 2011''. SEC. 2. CREDIT FOR RETAIL PURCHASE OF CERTAIN DOMESTIC PRODUCTS. (a) In General.--Subpart B 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 section: ``SEC. 30E. DOMESTIC MANUFACTURING CONSUMER CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for any taxable year an amount equal to the applicable percentage of the aggregate amount paid or incurred by the taxpayer for specified products during any portion such taxable year which is part of the eligible period. ``(b) Applicable Percentage; Eligible Period.--For purposes of this section-- ``(1) Applicable percentage.--The term `applicable percentage' means, with respect to any specified product, the percentage (not less than 5 percent nor more than 20 percent) determined by the Commission under subsection (e)(4) with respect to such product. ``(2) Eligible period.--The term `eligible period' means, with respect to any specified product, the period (not less than 5 years nor more than 10 years) determined by the Commission under subsection (e)(5) with respect to such product. ``(3) Separate application to each specified product.-- Subsection (a) shall be applied separately with respect to each of the specified products designated under subsection (e). ``(c) Specified Product.--For purposes of this section-- ``(1) In general.--The term `specified product' means any designated domestic product-- ``(A) the original use of which commences with the taxpayer, and ``(B) which is acquired by the taxpayer for use or lease, but not for resale. ``(2) Designated domestic product.--The term `designated domestic product' means any designated product which has been certified by the Secretary as-- ``(A) having been assembled in the United States, and ``(B) consisting at least 60 percent of components assembled or otherwise arising in the United States. ``(3) Designated product.--The term `designated product' means the 10 products designated by the Secretary, in consultation with the Commission, under subsection (e). ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used by the taxpayer in the conduct of a trade or business shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(e) Selection of Designated Products.-- ``(1) In general.--The Secretary, in consultation with the Commission, shall designate 10 products for purposes of this section. ``(2) Eligible products.--A product shall not be eligible for designation under this section unless-- ``(A) such product represents a technological innovation, and ``(B) the designation of such product has the potential to produce substantial long-term job opportunities in the United States. ``(3) Criteria for designation.--In making designations of products under this subsection, the Secretary shall take into consideration-- ``(A) the number of jobs in the United States that the Secretary estimates will result (directly and indirectly) from the designation of such product, and ``(B) the speed with which such jobs are likely to be created. ``(4) Determination of credit percentage.--The Secretary, in consultation with the Commission, shall determine the applicable percentage which applies for purposes of subsection (a) with respect to each product designated under this subsection. Such percentage shall not be less than 5 percent and shall not be more than 20 percent. Such percentage shall be determined on the basis of the incentive needed with respect to each such product taking into account the market factors with respect to such product. ``(5) Determination of period during which credit allowed.--The Secretary, in consultation with the Commission, shall determine the eligible period which applies for purposes of subsection (a) with respect to each product designated under this subsection. Such period shall not be less than 5 years and shall not be more than 10 years. Such period shall be determined on the basis of the incentive needed with respect to each such product taking into account the market factors with respect to such product. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Commission.--The term `Commission' means the 21st Century American Manufacturing Commission established under section 3 of the Market Based Manufacturing Incentives Act of 2011. ``(2) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). ``(3) No double benefit.--The amount of any deduction or other credit allowable under this chapter with respect to any property shall be reduced by the amount of the credit allowed under subsection (a) for such property (determined without regard to subsection (d)). ``(4) Property used by tax-exempt entity.--In the case of property whose use is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). For purposes of subsection (d), property to which this paragraph applies shall be treated as property used by the taxpayer in the conduct of a trade or business. ``(5) Property used outside united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). ``(6) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of the property). ``(7) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such property. ``(g) Termination.--This section shall not apply to property acquired after the date which is 10 years after the date of the enactment of this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the portion of the domestic manufacturing consumer credit to which section 30E(d)(1) applies.''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30E(f)(2).''. (3) Section 6501(m) of such Code is amended by inserting ``30E(f)(7),'' after ``30D(e)(4),''. (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. Domestic manufacturing consumer credit.''. (c) GAO Report.--The Government Accountability Office shall, during the 3d, 5th, and 7th years after the effective date of the domestic manufacturing consumer credit (described in subsection (d)), report to Congress on the economic effects of such credit. Such report shall include the aggregate value of the domestic manufacturing consumer credits determined with respect to taxpayers under section 30E of the Internal Revenue Code of 1986 and an estimate of the economic activity stimulated by such credits. (d) Effective Date.--The amendments made by this section shall apply to property acquired after the date which is 1 year after the date on which the 21st Century American Manufacturing Commission makes its recommendations to the Secretary of the Treasury under section 3(b) of this Act. SEC. 3. ESTABLISHMENT OF 21ST CENTURY AMERICAN MANUFACTURING COMMISSION. (a) In General.--There is established a commission to be known as the 21st Century American Manufacturing Commission. (b) Duties.--The Commission shall conduct research regarding appropriate products to make eligible for the tax credit provided by section 30E of the Internal Revenue Code of 1986 and shall make recommendations to the Secretary of the Treasury regarding which products should be designated for purposes of such section and the applicable percentage and eligible period which should be determined with respect to each such product. The commission shall make such recommendations to the Secretary of the Treasury not later than 6 months after the date of the enactment of this Act. (c) Membership.-- (1) In general.--The Commission shall be composed of 10 members who shall be appointed by the Secretary of the Treasury or his designee not later than 30 days after the enactment of this Act. (2) Political affiliation.--Not more than 5 members may be of the same political party. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Pay of members.-- (A) In general.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay for grade GS-11 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (B) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Prevention of conflict of interest.-- (A) Agreement.--The Secretary of the Treasury shall not appoint any individual to be a member of the Commission unless such individual has first sign an agreement with the Secretary to prevent conflicts of interest. Such agreement shall include a requirement that the individual comply with the provisions of subparagraph (B) and shall include such penalties for failure to so comply as the Secretary determines appropriate. (B) Requirements.--A member of the Commission shall not, during the 5-year period beginning on the effective date of the domestic manufacturing consumer credit (described in section 2(d)), hold, directly or indirectly, any interest in any person associated with any designated product, any component of any designated product, or any equipment to manufacture any such product or component. An interest held in any fund held by such member shall be taken into account under the preceding sentence unless such fund is a broad-based index fund. Any interest held by such member prior to the beginning of such 5-year period which is not (consistent with the requirements of this subparagraph) permitted to be held during such period, shall be disposed of prior to such period. (d) Chairperson.--The Chairperson of the Commission shall be designated by the Secretary of the Treasury (or his designee) at the time of appointment. (e) Staff.--Any staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (f) Termination.-- (1) In general.--Except as provided in paragraph (2), the Commission shall terminate 30 days after making recommendations to the Secretary of the Treasury described in subsection (b). (2) Extension.--At the request of the Secretary of the Treasury or his designee, the Commission shall continue in existence for such period at the Secretary may request but not later than 1 year after making such recommendations.

Market Based Manufacturing Incentives Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for the purchase (during a specified period of between 5 and 10 years based on the incentive needed with respect to each product) of new products certified as assembled in the United States and consisting of at least 60% of components assembled or otherwise arising in the United States. Establishes the 21st Century American Manufacturing Commission to conduct research to designate products eligible for the tax credit allowed by this Act.

To amend the Internal Revenue Code of 1986 to provide market-based manufacturing incentives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Amendments of 1999''. SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM. (a) Repeal of Certain State Law Requirements.--Section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by striking paragraphs (3), (4), (5), (6), and (7) of subsection (a); and (2) by repealing subsection (c). (b) Establishment of Mandatory Triggers Based on Total Unemployment.-- (1) State `on' and `off' indicators.--Subsection (d) of section 203 of such Act is amended to read as follows: ``State `On' and `Off' Indicators ``(d) For purposes of this section-- ``(1) There is a State `on' indicator for a week if-- ``(A)(i) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent three months for which data for all States are published before the close of the week equals or exceeds 7.5 percent, and ``(ii) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average for either (or both) of the corresponding 3-month periods ending in the two preceding calendar years; or ``(B) the average rate of total unemployment for such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of the week equals or exceeds 10 percent. ``(2) There is a State `off' indicator for a week unless the requirements of subparagraph (A) or (B) of paragraph (1) are satisfied.''. (2) Determination of rates of total unemployment and insured unemployment.--Subsection (e) of section 203 of such Act is amended to read as follows: ``Determination of Rates of Total Unemployment and Insured Unemployment ``(e)(1) For purposes of this Act, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustments) shall be made by the Secretary. ``(2)(A) For purposes of subsection (f)(2), the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period. ``(B) For purposes of subsection (f)(2), the term `rate of insured unemployment' means the percentage arrived at by dividing-- ``(i) the average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the specified period, as determined on the basis of the reports made by the State agency to the Secretary, by ``(ii) the average monthly covered employment for the specified period. ``(C) Determinations under subsection (f)(2) shall be made by the State agency in accordance with regulations prescribed by the Secretary.''. (c) Requirements for Supplemental Benefits During High Unemployment Periods.-- (1) In general.--Subparagraph (B) of section 202(b)(3) of such Act is amended to read as follows: ``(B) For purposes of subparagraph (A), the term `high unemployment period' means any period during which an extended benefit period would be in effect if-- ``(i)(I) section 203(d)(1)(A)(i) were applied by substituting `10 percent' for `7.5 percent'; and ``(II) section 203(d)(1)(B) were applied by substituting `12.5 percent' for `10 percent'; and ``(ii) section 203(f)(1)(A)(i) were applied by substituting `8 percent' for `6.5 percent'.''. (2) Technical amendment.--Subsection (b) of section 202 of such Act is amended by moving the text of paragraph (3)(A) of such subsection 2 ems to the left. (d) Amendments to Alternative Trigger.--Section 203(f) of such Act is amended-- (1) in paragraph (1), by striking ``Effective with respect to compensation for weeks of employment beginning after March 6, 1993, the'' and inserting ``In lieu of applying the indicator specified in subsection (d)(1)(A), a''; (2) by amending paragraph (2) to read as follows: ``(2) A State may by law provide that, for the purpose of beginning or ending any extended period under this section, in addition to the indicators specified in subsection (d) and paragraph (1) of this subsection-- ``(A) there is a State `on' indicator for a week if the rate of insured unemployment under State law for the period consisting of such week and the immediately preceding twelve weeks equals or exceeds 6 percent; and ``(B) there is a State `off' indicator for a week if the requirement set forth in subparagraph (A) is not satisfied. Notwithstanding the provision of any State law described in this paragraph, any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator.''. SEC. 3. SPECIAL DISTRIBUTIONS TO THE STATES. Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3)) is amended-- (1) in subparagraph (A) by amending clauses (i) and (ii) to read as follows: ``(i) be subject to subparagraphs (B) and (C), to the extent such amounts are not in excess of the sum of-- ``(I) $20,000,000, plus ``(II) the amount determined by the Secretary of Labor to be the difference between the amount necessary for the proper and efficient administration of the unemployment compensation program for the succeeding fiscal year (taking into account workload and other appropriate factors) and $2,419,000,000, and ``(ii) be subject to subparagraph (D), to the extent such amounts are in excess of the sum of subclauses (I) and (II) of clause (i).''; (2) in subparagraph (B) by striking ``(A)(i)'' and inserting ``(A)(i)(II)''; (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) The Secretary of Labor shall reserve the amount specified in subparagraph (A)(i)(I) (at the close of fiscal years 1999, 2000, and 2001) to award grants to the States in fiscal years 2000, 2001, and 2002 to assist in the implementation of alternative base periods for determining the eligibility of claimants. Such alternative base periods shall reduce the period of time between the end of the base period for a claimant and the filing of a claim for compensation. The amounts reserved pursuant to this subparagraph shall be available to the Secretary of Labor for obligation through fiscal year 2002.''. SEC. 4. SOLVENCY REQUIREMENTS. Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is amended by adding at the end the following new paragraph: ``(3)(A) If the Secretary of Labor finds that, as of December 31, 2001, a State has not achieved, or made acceptable progress toward achieving, the solvency target established pursuant to subparagraph (B), then, subject to the limitation described in subparagraph (C), the amount available under this section for transfer to such State account for the succeeding fiscal year shall, in lieu of being so transferred, be transferred to the States meeting the requirements of this subsection. The transfers shall be made to such States based on the share of funds of each such State under subsection (a)(2), except that, for purposes of this subparagraph, the ratio under subsection (a)(2) shall be adjusted by excluding the wages attributable to the States failing to meet the requirements of this subparagraph. ``(B)(i) For December 31, 2001, the solvency target shall be an average high cost multiple of 1.0. For purposes of this subparagraph, the average high cost multiple represents the number of years a State could pay unemployment compensation (based on the reserve ratio of such State) if the State paid such compensation at a rate equivalent to the average benefit cost rate such State paid in the three calendar years during the preceding 20 calendar years (or, if longer, during the period consisting of the preceding three recessions as determined by the National Bureau of Economic Research) that the benefit cost rates were the highest. For purposes of making this determination-- ``(I) the term `reserve ratio' means the ratio determined by dividing the balance in the State account at the end of the calendar year by the total covered wages in the State for such year; ``(II) the term `benefit cost rate' means the rate determined by dividing the unemployment compensation paid during a calendar year by the total covered wages in the State for such year; and ``(III) the ratio and rates determined under subclauses (I) and (II) shall exclude the wages and unemployment compensation paid by employers covered under section 3309 of the Internal Revenue Code of 1986. ``(ii) For December 31, 2001, acceptable progress towards achieving the solvency target shall mean that a State has reduced any difference between 1.0 and the average high cost multiple of such State (if such multiple is less than 1.0) that the Secretary found to exist as of December 31, 1998, by an amount equal to or exceeding 5 percent of such difference. ``(iii) The Secretary may adjust the solvency target specified in clause (i), or the criteria for determining whether there is acceptable progress towards achieving the solvency target specified in clause (ii), for States that experience significant increases in unemployment during the period between December 31, 1998, and December 31, 2001. The Secretary shall establish objective criteria for making such adjustments. ``(iv) A State shall include, as part of the annual State plan relating to the administration of grants under this title, such information as the Secretary may request relating to the manner in which the State intends to achieve the solvency target established pursuant to this paragraph. ``(C) The requirements of subparagraph (A) shall apply to excess (referred to in subsection (a)(1)) remaining in the employment security account at the close of fiscal year 2002 that are equal to or less than $2,900,000,000. Such requirements shall not apply to any such excess amounts that are greater than $2,900,000,000.''. SEC. 5. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) General Rule.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: ``(u) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not required to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency may require an employer to continue to provide health benefits, and retirement benefits under a defined benefit pension plan (as defined in section 414(j)) to any employee whose workweek is reduced pursuant to the program as though the workweek of such employee had not been reduced; ``(8) the State agency may require an employer (or an employers' association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; and ``(9) the program meets such other requirements as the Secretary of Labor determines are appropriate.''. (b) Conforming Amendments.-- (1) Subparagraph (E) of section 3304(a)(4) of such Code (26 U.S.C. 3304(a)(4)(E)) is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(u));''. (2) Paragraph (5) of section 3306(f) of such Code (26 U.S.C. 3306(f)(5)) is amended to read as follows: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined under subsection (u)); and''. (3) Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(u) of the Internal Revenue Code of 1986)''. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enactment of this Act. (b) Extended Benefit Amendments.-- (1) Except as provided in paragraph (2), the provisions of section 2 of this Act shall take effect for the weeks beginning on or after October 1, 2002. (2) Pursuant to the enactment of appropriate provisions of the State law, the provisions of section 2 may, with respect to such State, take effect for weeks which begin earlier than the weeks specified in paragraph (1), but not earlier than 60 days after the date of enactment of this Act.

Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.

Unemployment Compensation Amendments of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coordination And Resource Empowerment Act'' or the ``Community CARE Act''. SEC. 2. EXTENSION FOR COMMUNITY HEALTH CENTERS. (a) Community Health Centers Funding.--Section 10503(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b- 2(b)(1)(E)) is amended by striking ``2017'' and inserting ``2019''. (b) Other Community Health Centers Provisions.--Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended-- (1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and inserting ``use disorder''; (2) in subsection (b)(2)(A), by striking ``abuse'' and inserting ``use disorder''; (3) in subsection (c)-- (A) by striking subparagraphs (B) through (D); (B) by striking ``(1) In general'' and all that follows through ``The Secretary'' and inserting the following: ``(1) Centers.--The Secretary''; and (C) in such paragraph (1), as amended, by redesignating clauses (i) through (v) as subparagraphs (A) through (E) and moving the margin of each of such redesignated subparagraph 2 ems to the left; (4) by striking subsection (d) and inserting the following: ``(d) Improving Quality of Care.-- ``(1) Supplemental awards.--The Secretary may award supplemental grant funds to health centers funded under this section to implement evidence-based models for increasing access to high-quality primary care services, which may include models related to-- ``(A) improving the delivery of care for individuals with multiple chronic conditions; ``(B) workforce configuration; ``(C) reducing the cost of care; ``(D) enhancing care coordination; ``(E) expanding the use of telehealth and technology enabled collaborative learning and capacity building models; ``(F) care integration, including integration of behavioral health, mental health, or substance use disorder services; and ``(G) addressing emerging public health or substance use disorder issues to meet the health needs of the population served by the health center. ``(2) Sustainability.--In making supplemental awards under this subsection, the Secretary may consider whether the health center involved has submitted a plan for continuing the activities funded under this subsection after supplemental funding is expended. ``(3) Special consideration.--The Secretary may give special consideration to applications for supplemental funding under this subsection that seek to address significant barriers to access to care in areas with a greater shortage of health care providers and health services relative to the national average.''; (5) in subsection (e)(1)-- (A) in subparagraph (B)-- (i) by striking ``2 years'' and inserting ``1 year''; and (ii) by adding at the end the following: ``The Secretary shall not make a grant under this paragraph unless the applicant provides assurances to the Secretary that within 120 days of receiving grant funding for the operation of the health center, the applicant will submit, for approval by the Secretary, an implementation plan to meet the requirements of subsection (l)(3). The Secretary may extend such 120-day period for achieving compliance upon a demonstration of good cause by the health center.''; and (B) in subparagraph (C)-- (i) in the subparagraph heading, by striking ``and plans''; (ii) by striking ``or plan (as described in subparagraphs (B) and (C) of subsection (c)(1))''; (iii) by striking ``or plan, including the purchase'' and inserting the following: ``including-- ``(i) the purchase''; (iv) by inserting ``, which may include data and information systems'' after ``of equipment''; (v) by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following: ``(ii) the provision of training and technical assistance; and ``(iii) other activities that-- ``(I) reduce costs associated with the provision of health services; ``(II) improve access to, and availability of, health services provided to individuals served by the centers; ``(III) enhance the quality and coordination of health services; or ``(IV) improve the health status of communities.''; (6) in subsection (e)(5)(B), by striking ``and subparagraphs (B) and (C) of subsection (c)(1) to a health center or to a network or plan'' and inserting ``to a health center''; (7) by striking subsection (s); (8) by redesignating subsections (g) through (r) as subsections (h) through (s), respectively; (9) by inserting after subsection (f), the following: ``(g) New Access Points and Expanded Services.-- ``(1) Approval of new access points.-- ``(A) In general.--The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1), subsection (h), subsection (i), and subsection (j) to establish new delivery sites. ``(B) Special consideration.--In carrying out subparagraph (A), the Secretary may give special consideration to applicants that have demonstrated the new delivery site will be located within a sparsely populated area, or an area which has a level of unmet need that is higher relative to other applicants. ``(C) Consideration of applications.--In carrying subparagraph (A), the Secretary shall approve applications for grants under subparagraphs (A) and (B) of subsection (e)(1) in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by the applicants is not less than two to three or greater than three to two. ``(D) Service area overlap.--If in carrying out subparagraph (A) the applicant proposes to serve an area that is currently served by another health center funded under this section, the Secretary may consider whether the award of funding to an additional health center in the area can be justified based on the unmet need for additional services within the catchment area. ``(2) Approval of expanded service applications.-- ``(A) In general.--The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1) to expand the capacity of the applicant to provide required primary health services described in subsection (b)(1) or additional health services described in subsection (b)(2). ``(B) Priority expansion projects.--In carrying out subparagraph (A), the Secretary may give special consideration to expanded service applications that seek to address emerging public health or behavioral health, mental health, or substance abuse issues through increasing the availability of additional health services described in subsection (b)(2) in an area in which there are significant barriers to accessing care. ``(C) Consideration of applications.--In carrying out subparagraph (A), the Secretary shall approve applications for applicants in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by such applicants is not less than two to three or greater than three to two.''; (10) in subsection (i) (as so redesignated)-- (A) in paragraph (1), by striking ``and children and youth at risk of homelessness'' and inserting ``, children and youth at risk of homelessness, homeless veterans, and veterans at risk of homelessness''; and (B) in paragraph (5)-- (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)-- (I) in the subparagraph heading, by striking ``abuse'' and inserting ``use disorder''; and (II) by striking ``abuse'' and inserting ``use disorder''; (11) in subsection (l) (as so redesignated)-- (A) in paragraph (2)-- (i) in the paragraph heading, by inserting ``unmet'' before ``need''; (ii) in the matter preceding subparagraph (A), by inserting ``and an application for a grant under subsection (g)'' after ``subsection (e)(1)''; (iii) in subparagraph (A), by inserting ``unmet'' before ``need for health services''; (iv) in subparagraph (B), by striking ``and'' at the end; (v) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (vi) by adding after subparagraph (C) the following: ``(D) in the case of an application for a grant pursuant to subsection (g)(1), a demonstration that the applicant has consulted with appropriate State and local government agencies, and health care providers regarding the need for the heath services to be provided at the proposed delivery site.''; (B) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by inserting ``or subsection (g)'' after ``subsection (e)(1)(B)''; (ii) in subparagraph (B), by striking ``in the catchment area of the center'' and inserting ``, including other health care providers that provide care within the catchment area, local hospitals, and specialty providers in the catchment area of the center, to provide access to services not available through the health center and to reduce the non-urgent use of hospital emergency departments''; (iii) in subparagraph (H)(ii), by inserting ``who shall be directly employed by the center'' after ``approves the selection of a director for the center''; (iv) in subparagraph (L), by striking ``and'' at the end; (v) in subparagraph (M), by striking the period and inserting ``; and''; and (vi) by inserting after subparagraph (M), the following: ``(N) the center has written policies and procedures in place to ensure the appropriate use of Federal funds in compliance with applicable Federal statutes, regulations, and the terms and conditions of the Federal award.''; and (C) by striking paragraph (4); (12) in subsection (m) (as so redesignated), by adding at the end the following: ``Funds expended to carry out activities under this subsection and operational support activities under subsection (n) shall not exceed three percent of the amount appropriated for this section for the fiscal year involved.''; (13) in subsection (q) (as so redesignated), by striking ``grants for new health centers under subsections (c) and (e)'' and inserting ``operating grants under subsection (e), applications for new access points and expanded service pursuant to subsection (g)''; (14) in subsection (r)(4) (as so redesignated), by adding at the end the following: ``A waiver provided by the Secretary under this paragraph may not remain in effect for more than 1 year and may not be extended after such period. An entity may not receive more than one waiver under this paragraph in consecutive years.''; and (15) in subsection (s)(3) (as so redesignated)-- (A) by striking ``appropriate committees of Congress a report concerning the distribution of funds under this section'' and inserting the following: ``Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report including, at a minimum-- ``(A) the distribution of funds for carrying out this section''; (B) by striking ``populations. Such report shall include an assessment'' and inserting the following: ``populations; ``(B) an assessment''; (C) by striking ``and the rationale for any substantial changes in the distribution of funds.'' and inserting a semicolon; and (D) by adding at the end the following: ``(C) the distribution of awards and funding for new or expanded services in each of rural areas and urban areas; ``(D) the distribution of awards and funding for establishing new access points, and the number of new access points created; ``(E) the amount of unexpended funding for loan guarantees and loan guarantee authority under title XVI; ``(F) the rationale for any substantial changes in the distribution of funds; ``(G) the rate of closures for health centers and access points; ``(H) the number and reason for any grants awarded pursuant to subsection (e)(1)(B); and ``(I) the number and reason for any waivers provided pursuant to subsection (r)(4).''. (c) Application.--Amounts appropriated pursuant to this section for fiscal year 2018 or 2019 are subject to the requirements contained in Public Law 115-31 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254b-256). (d) Conforming Amendments.--Section 3014(h) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``, as amended by section 221 of the Medicare Access and CHIP Reauthorization Act of 2015,''; and (2) in paragraph (4), by inserting ``and section 101(d) of the CARE Act'' after ``section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015''.

Community Coordination And Resource Empowerment Act or the Community CARE Act This bill amends the Patient Protection and Affordable Care Act to extend funding through FY2019 for community health centers. Health centers that serve medically underserved populations may receive supplemental grant funds to increase access to primary care services.

Community Coordination And Resource Empowerment Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Export Promotion Enhancement Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988 Sec. 101. Establishment and purpose. Sec. 102. Duties. Sec. 103. Strategic plan. Sec. 104. Director and Associate Directors. Sec. 105. Staff; experts and consultants. Sec. 106. Advisory Board on Trade Promotion. Sec. 107. Report to Congress. Sec. 108. Report on export policy. Sec. 109. Authorization of appropriations. Sec. 110. Clerical amendment. Sec. 111. Effective date. TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES Sec. 201. Conforming amendments to other laws. Sec. 202. References. SEC. 2. FINDINGS. Congress finds the following: (1) As the world's largest economy, the United States has an enormous stake in the future of the global trading system. (2) Exports are a crucial force driving the United States economy and job creation. (3) While nearly 97 percent of United States exporters are small and medium enterprises (SMEs), SMEs account for just over one-fourth of exports, leaving much room for growth. (4) Two-thirds of United States exporters have fewer than 20 employees and sell to just one foreign market. (5) Manufacturers account for 61 percent of total United States exports with small manufacturers accounting for approximately 15 percent of total United States exports. Thirty percent of small manufacturers do not currently export but would consider doing so if they had more help in securing vital information on foreign markets, customers, and export procedures. (6) United States small and medium enterprises face tough competition from trading partners of the United States that aggressively undertake export promotion programs that directly support and underwrite the expanded growth in trade of their small and medium enterprises. (7) United States trade promotion is carried out in part by 21 departments and agencies of the Federal Government. Representatives from these Federal departments and agencies are members of the Trade Promotion Coordinating Committee (TPCC), a Federal committee that has not lived up to congressional intent to provide a seamless offering of export promotion products and services due in part to the inadequate allocation of resources and a lack of ultimate decision making budget input authority to ensure effective results are achieved for the invested resources. SEC. 3. PURPOSE. The purpose of this Act and the amendments made by this Act is to improve the performance and results of trade promotion policies and programs of the Federal Government in accordance with the Government Performance and Results Act of 1993 (Public Law 103-62). TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988 SEC. 101. ESTABLISHMENT AND PURPOSE. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``in the Executive Office of the President'' after ``shall establish''; (ii) by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (iii) by striking ``TPCC'' each place it appears and inserting ``Office''; (B) in paragraph (1), by inserting ``and oversee'' after ``to coordinate''; and (C) in paragraph (2), by inserting ``and supervise implementation of'' after ``to develop''; and (2) in subsections (b) through (f), by striking ``TPCC'' each place it appears and inserting ``Office''. SEC. 102. DUTIES. Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (2) by inserting before paragraph (2) (as redesignated) the following new paragraph: ``(1) advise the President, and others within the Executive Office of the President, on matters relating to trade promotion policies and programs of the United States Government;''. (3) in paragraph (2) (as redesignated), by striking ``coordinate'' and inserting ``supervise''; (4) in paragraph (4) (as redesignated)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``and attainment of measurable results'' after ``better delivery of services''; and (ii) by inserting ``with emphasis on small and medium enterprises'' after ``United States businesses''; and (B) in subparagraph (C), by adding at the end before the semicolon the following: ``, including assistance to match United States businesses with foreign businesses, as appropriate''; (5) in paragraph (5) (as redesignated), by inserting ``and enhance the effectiveness of'' after ``prevent unnecessary duplication in''; and (6) in paragraph (6) (as redesignated) to read as follows: ``(6) review and make input on the appropriate levels and allocation of resources among agencies in support of export promotion and export financing and advise the President as to the concurrence in these allocations based on its review; and''. SEC. 103. STRATEGIC PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``and explain'' and inserting ``, explain''; and (B) by adding at the end before the semicolon the following: ``, and detail the benchmarks for the implementation of the priorities''; (2) in paragraph (2), by inserting ``and effectiveness'' after ``to improve coordination''; and (3) in paragraph (4)-- (A) by striking ``propose to the President an annual'' and inserting ``include in the annual Federal budget submission to Congress a detailed''; (B) by striking ``that supports'' and inserting ``and oversee its implementation so it supports''; and (C) by adding ``and'' after the semicolon; (4) in paragraph (5), by striking ``; and'' and inserting a period; and (5) by striking paragraph (6). SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (d) and inserting the following new subsection: ``(d) Director and Associate Directors.-- ``(1) Director.--There shall be at the head of the Office a Director of the Office of Trade Promotion, who shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) be compensated at a rate consistent with the compensation of the directors of other offices within the Executive Office of the President. ``(2) Associate directors.--The President may appoint not more than two Associate Directors of the Office of Trade Promotion, by and with the advice and consent of the Senate, who shall each-- ``(A) be compensated at a rate not to exceed the rate provided for other associate directors of offices within the Executive Office of the President; and ``(B) perform such functions as the Director may prescribe.''. SEC. 105. STAFF; EXPERTS AND CONSULTANTS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (e) and inserting the following new subsection: ``(e) Staff; Experts and Consultants.-- ``(1) Staff.-- ``(A) In general.--The Director of the Office may appoint and fix the pay of additional personnel as the Director considers appropriate. ``(B) Staff of federal agencies.--Upon request of the Director, the head of any Federal department or agency that is represented on the Advisory Board on Trade Promotion established pursuant to subsection (f) may detail any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this section. ``(2) Experts and consultants.--The Director of the Office may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule.''. SEC. 106. ADVISORY BOARD ON TRADE PROMOTION. (a) Advisory Board on Trade Promotion.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Advisory Board on Trade Promotion.-- ``(1) Establishment and purpose.--The President shall establish the Advisory Board on Trade Promotion (hereafter in this subsection referred to as the `Advisory Board'). The purpose of the Advisory Board shall be to advise the Director of the Office in carrying out the duties of the Office under this section and section 6 of the Export Enhancement Act of 1999 (15 U.S.C. 4727a). ``(2) Membership.-- ``(A) In general.--Members of the Advisory Board shall include representatives from-- ``(i) the Department of Agriculture; ``(ii) the Department of Commerce; ``(iii) the Department of Defense; ``(iv) the Department of Energy; ``(v) the Department of the Interior; ``(vi) the Department of Labor; ``(vii) the Department of State; ``(viii) the Department of Transportation; ``(ix) the Department of the Treasury; ``(x) the Environmental Protection Agency; ``(xi) the Export-Import Bank of the United States; ``(xii) the United States Agency for International Development; ``(xiii) the Millennium Challenge Corporation; ``(xiv) the Office of Management and Budget; ``(xv) the Overseas Private Investment Corporation; ``(xvi) the Small Business Administration; ``(xvii) the Trade and Development Agency; ``(xviii) the Office of the United States Trade Representative; and ``(xix) at the discretion of the President, such other departments or agencies as may be necessary. ``(B) Chairperson.--The Secretary of Commerce shall serve as the chairperson of the Advisory Board. ``(3) Member qualifications.--Members of the Advisory Board shall be appointed by the heads of their respective departments or agencies. Such members, as well as alternates designated by any members unable to attend a meeting of the Advisory Board, shall be individuals who exercise significant decisionmaking authority in their respective departments or agencies.''. (b) Environmental Trade Promotion.-- (1) Environmental trade working group.--Section 2313(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is amended-- (A) in the heading, by striking ``Trade Promotion Coordination Committee'' and inserting ``Advisory Board on Trade Promotion''; (B) in paragraph (1)-- (i) by striking ``Trade Promotion Coordination Committee'' and inserting ``Advisory Board on Trade Promotion''; and (ii) by striking ``TPCC'' and inserting ``Advisory Board''; (C) in paragraph (2)(A), by striking ``TPCC'' and inserting ``Advisory Board''; and (D) in paragraph (4) to read as follows: ``(4) Report to congress.--The chairperson of the Advisory Board shall submit to the Director of the Office of Trade Promotion a report on the activities of the Working Group to be included in the annual report submitted to Congress by the Director of the Office pursuant to section 2312(g).''. (2) Environmental technologies trade advisory committee.-- Section 2313(c)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and inserting ``Advisory Board''. (3) International regional environmental initiatives.-- Section 2313(h) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it appears and inserting ``Office of Trade Promotion''. SEC. 107. REPORT TO CONGRESS. (a) Report to Congress.--Section 2312(g) of the Export Enhancement Act of 1988 (as redesignated by section 106(a)(1) of this title) is amended to read as follows: ``(g) Report to Congress.-- ``(1) In general.--The Director of the Office shall prepare and submit to the appropriate congressional committees an annual report that describes the strategic plan developed by the Office pursuant to subsection (c), the implementation of the plan and any revisions thereto, and the extent to which funding for the plan is appropriate. ``(2) Definition.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and ``(B) the Committee on Foreign Affairs of the House of Representatives.''. SEC. 108. REPORT ON EXPORT POLICY. Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15 U.S.C. 4729(b)(1)(B)) is amended to read as follows: ``(B) the report of the Director of the Office of Trade Promotion that contains the strategic plan submitted to Congress in accordance with section 2312(g);''. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727), as amended by this title, is further amended by adding at the end the following new subsection: ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section and section 2313, section 6 of the Export Enhancement Act of 1999, and section 304 of the FREEDOM Support Act such sums as may be necessary for fiscal year 2008 and each subsequent fiscal year. ``(2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.''. SEC. 110. CLERICAL AMENDMENT. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727(a)) is amended in the heading by striking ``trade promotion coordinating committee'' and inserting ``office of trade promotion''. SEC. 111. EFFECTIVE DATE. The President shall establish the Office of Trade Promotion and the Advisory Board on Trade Promotion pursuant to section 2312 of the Export Enhancement Act of 1988 (as amended by this title) not later than 180 days after the date of the enactment of this Act. TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES SEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS. (a) Export Enhancement Act of 1999.--The Export Enhancement Act of 1999 is amended-- (1) in section 6 (15 U.S.C. 1547a)-- (A) in the heading, by striking ``tpcc'' and inserting ``the office of trade promotion''; (B) in the matter preceding paragraph (1), by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (C) in paragraph (3), by striking ``inclding'' and inserting ``including''; and (2) in the heading of section 7, by striking ``tpcc reports'' and inserting ``reports of the office of trade promotion''. (b) FREEDOM Support Act.--The FREEDOM Support Act is amended-- (1) in section 303(b) (22 U.S.C. 5823(b)), by striking ``Chair of the Trade Promotion Coordinating Committee'' and inserting ``Director of the Office of Trade Promotion''; (2) in section 304 (22 U.S.C. 5824)-- (A) in the heading, by striking ``trade promotion coordinating committee'' and inserting ``office of trade promotion''; and (B) in the matter preceding paragraph (1), by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (3) by amending the item relating to section 304 of the table of contents to read as follows: ``Sec. 304. Interagency working group on energy of the Office of Trade Promotion.''. (c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''. SEC. 202. REFERENCES. Any reference in a law, regulation, document, or other record of the United States to the Trade Promotion Coordinating Committee or TPCC shall be deemed to be a reference to the Office of Trade Promotion.

Export Promotion Enhancement Act of 2008 - Amends the Export Enhancement Act of 1988 to establish in the Executive Office of the President the Office of Trade Promotion. (Currently, there exists a Trade Promotion Coordinating Committee (TPCC), which the Office shall replace.) Requires the Office to perform duties currently assigned to the TPCC, as well as advise the President and others within the Executive Office on matters relating to trade promotion policies and programs of the U.S. Government. Requires the President to appoint an Office Director. Authorizes the President to appoint up to two Associate Directors. Directs the President to establish the Advisory Board on Trade Promotion to advise the Office Director.

To amend the Export Enhancement Act of 1988 to establish the Office of Trade Promotion in the Executive Office of the President, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Police Athletic League Youth Enrichment Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The goals of the Police Athletic League are to-- (A) increase the academic success of youth participants in PAL programs; (B) promote a safe, healthy environment for youth under the supervision of law enforcement personnel where mutual trust and respect can be built; (C) increase school attendance by providing alternatives to suspensions and expulsions; (D) reduce the juvenile crime rate in participating designated communities and the number of police calls involving juveniles during nonschool hours; (E) provide youths with alternatives to drugs, alcohol, tobacco, and gang activity; (F) create positive communications and interaction between youth and law enforcement personnel; and (G) prepare youth for the workplace. (2) The Police Athletic League, during its 55-year history as a national organization, has proven to be a positive force in the communities it serves. (3) The Police Athletic League is a network of 1,700 facilities serving over 3,000 communities. There are 320 PAL chapters throughout the United States, the Virgin Islands, and the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages 5 to 18, nationwide. (4) Based on PAL chapter demographics, approximately 82 percent of the youths who benefit from PAL programs live in inner cities and urban areas. (5) PAL chapters are locally operated, volunteer-driven organizations. Although most PAL chapters are sponsored by a law enforcement agency, PAL chapters receive no direct funding from law enforcement agencies and are dependent in large part on support from the private sector, such as individuals, business leaders, corporations, and foundations. PAL chapters have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement. (6) Today's youth face far greater risks than did their parents and grandparents. Law enforcement statistics demonstrate that youth between the ages of 12 and 17 are at risk of committing violent acts and being victims of violent acts between the hours of 3 p.m. and 8 p.m. (7) Greater numbers of students are dropping out of school and failing in school, even though the consequences of academic failure are more dire in 1999 than ever before. (8) Many distressed areas in the United States are still underserved by PAL chapters. SEC. 3. PURPOSE. The purpose of this Act is to provide adequate resources in the form of-- (1) assistance for the 320 established PAL chapters to increase of services to the communities they are serving; and (2) seed money for the establishment of 250 (50 per year over a 5-year period) additional local PAL chapters in public housing projects and other distressed areas, including distressed areas with a majority population of Native Americans, by not later than fiscal year 2005. SEC. 4. DEFINITIONS. In this Act: (1) Assistant attorney general.--The term ``Assistant Attorney General'' means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. (2) Distressed area.--The term ``distressed area'' means an urban, suburban, or rural area with a high percentage of high- risk youth, as defined in section 509A of the Public Health Service Act (42 U.S.C. 290aa-8(f)). (3) PAL chapter.--The term ``PAL chapter'' means a chapter of a Police or Sheriff's Athletic/Activities League. (4) Police athletic league.--The term ``Police Athletic League'' means the private, nonprofit, national representative organization for 320 Police or Sheriff's Athletic/Activities Leagues throughout the United States (including the Virgin Islands and the Commonwealth of Puerto Rico). (5) Public housing; project.--The terms ``public housing'' and ``project'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). SEC. 5. GRANTS AUTHORIZED. (a) In General.--For each of fiscal years 2000, 2001, 2002, 2003, and 2004, the Assistant Attorney General shall award a grant to the Police Athletic League for the purpose of establishing PAL chapters to serve public housing projects and other distressed areas, and expanding existing PAL chapters to serve additional youths. (b) Application.-- (1) Submission.--In order to be eligible to receive a grant under this section, the Police Athletic League shall submit to the Assistant Attorney General an application, which shall include-- (A) a long-term strategy to establish 250 additional PAL chapters and detailed summary of those areas in which new PAL chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (B) a plan to ensure that there are a total of not less than 570 PAL chapters in operation before January 1, 2003; (C) a certification that there will be appropriate coordination with those communities where new PAL chapters will be located; and (D) an explanation of the manner in which new PAL chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. (2) Review.--The Assistant Attorney General shall review and take action on an application submitted under paragraph (1) not later than 120 days after the date of such submission. SEC. 6. USE OF FUNDS. (a) In General.-- (1) Assistance for new and expanded chapters.--Amounts made available under a grant awarded under this Act shall be used by the Police Athletic League to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. (2) Program requirements.--Each new or expanded PAL chapter assisted under paragraph (1) shall carry out not less than 4 programs during nonschool hours, of which-- (A) not less than 2 programs shall provide-- (i) mentoring assistance; (ii) academic assistance; (iii) recreational and athletic activities; or (iv) technology training; and (B) any remaining programs shall provide-- (i) drug, alcohol, and gang prevention activities; (ii) health and nutrition counseling; (iii) cultural and social programs; (iv) conflict resolution training, anger management, and peer pressure training; (v) job skill preparation activities; or (vi) Youth Police Athletic League Conferences or Youth Forums. (b) Additional Requirements.--In carrying out the programs under subsection (a), a PAL chapter shall, to the maximum extent practicable-- (1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after-school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. SEC. 7. REPORTS. (a) Report to Assistant Attorney General.--For each fiscal year for which a grant is awarded under this Act, the Police Athletic League shall submit to the Assistant Attorney General a report on the use of amounts made available under the grant. (b) Report to Congress.--Not later than May 1 of each fiscal year for which amounts are made available to carry out this Act, the Assistant Attorney General shall submit to the Committee on the Judiciary of the Senate a report that details the progress made under this Act in establishing and expanding PAL chapters in public housing projects and other distressed areas, and the effectiveness of the PAL programs in reducing drug abuse, school dropouts, and juvenile crime. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $16,000,000 for each of fiscal years 2000 through 2004. (b) Funding for Program Administration.--Of the amount made available to carry out this Act in each fiscal year-- (1) not less than 2 percent shall be used for research and evaluation of the grant program under this Act; (2) not less than 1 percent shall be used for technical assistance related to the use of amounts made available under grants awarded under this Act; and (3) not less than 1 percent shall be used for the management and administration of the grant program under this Act, except that the total amount made available under this paragraph for administration of that program shall not exceed 6 percent. SEC. 9. EFFECTIVE DATE. This Act shall take effect on October 1, 1999.

National Police Athletic League Youth Enrichment Act of 1999 - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, for each of FY 2000 through 2004, to award a grant to the Police Athletic League (PAL) for the purposes of establishing PAL chapters to serve public housing projects and other distressed areas and expanding existing chapters to serve additional youths. Requires PAL, in order to be eligible to receive a grant, to submit to the Assistant Attorney General an application which shall include: (1) a long-term strategy to establish 250 additional chapters and a detailed summary of those areas in which new chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (2) a plan to ensure that there are a total of not less than 570 chapters in operation before January 1, 2003; (3) a certification that there will be appropriate coordination with those communities where new chapters will be located; and (4) an explanation of the manner in which new chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. Directs the Assistant Attorney General to review, and take action on, an application within 120 days after the date of submission. (Sec. 6) Directs that amounts made available under a grant awarded under this Act be used by the PAL to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. Requires that each new or expanded PAL chapter assisted carry out not less than four programs during non-school hours, of which: (1) not less than two programs shall provide mentoring assistance, academic assistance, recreational and athletic activities, or technology training; and (2) any remaining programs shall provide drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs; conflict resolution training, anger management, and peer pressure training; job skill preparation activities; or Youth Police Athletic League Conferences or Youth Forums. (Sec. 7) Sets forth reporting requirements. (Sec. 8) Authorizes appropriations. Sets aside specified percentages of grant sums for research and evaluation, technical assistance, and management and administration.

National Police Athletic League Youth Enrichment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Sea Otter Recovery and Research Act''. SEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM. (a) In General.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey, shall carry out a recovery and research program for southern sea otter populations along the coast of California, informed by the prioritized research recommendations of the Final Revised Recovery Plan for the southern sea otter (Enhydra lutris nereis) published by the United States Fish and Wildlife Service and dated February 24, 2003, the Research Plan for California Sea Otter Recovery issued by the United States Fish and Wildlife Service Southern Sea Otter Recovery Implementation Team and dated March 2, 2007, and any other recovery, research, or conservation plan adopted by the United States Fish and Wildlife Service after the date of enactment of this Act in accordance with otherwise applicable law. The Recovery and Research Program shall include the following: (1) Monitoring, analysis, and assessment of southern sea otter population demographics, health, causes of mortality, and life history parameters, including range-wide population surveys. (2) Development and implementation of measures to reduce or eliminate potential factors limiting southern sea otter populations that are related to marine ecosystem health or human activities. (b) Reappointment of Recovery Implementation Team.--Not later than one year after the date of enactment of this Act, the Secretary shall appoint persons to a southern sea otter recovery implementation team as authorized under section 4(f)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)(2)). (c) Southern Sea Otter Research and Recovery Grants.-- (1) Grant authority.--The Secretary shall establish a peer- reviewed, merit-based process to award competitive grants for research regarding southern sea otters and for projects assisting the recovery of southern sea otter populations. (2) Peer review panel.--The Secretary shall establish as necessary a peer review panel to provide scientific advice and guidance to prioritize proposals for grants under this subsection. (3) Research grant subjects.--Research funded with grants under this subsection shall be in accordance with the research recommendations of any plan referred to in subsection (a), and may include the following topics: (A) Causes of sea otter mortality. (B) Southern sea otter demographics and natural history. (C) Effects and sources of pollutants, nutrients, and toxicants on southern sea otters and sequestration of contaminants. (D) Effects and sources of infectious diseases and parasites affecting southern sea otters. (E) Limitations on the availability of food resources for southern sea otters and the impacts of food limitation on southern sea otter carrying capacity. (F) Interactions between southern sea otters and coastal fisheries and other human activities in the marine environment. (G) Assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems, including both the direct and indirect effects of sea otter predation, especially as these effects influence human welfare, resource utilization, and ecosystem services. (H) Assessment of the adequacy of emergency response and contingency plans. (4) Recovery project subjects.--Recovery projects funded with grants under this subsection shall be conducted in accordance with recovery recommendations of any plan referred to in subsection (a), and may include projects to-- (A) protect and recover southern sea otters; (B) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities, including projects to-- (i) reduce, mitigate, or eliminate factors contributing to mortality, adversely affecting health, or restricting distribution and abundance; and (ii) reduce, mitigate, or eliminate factors that harm or reduce the quality of southern sea otter habitat or the health of coastal marine ecosystems; and (C) implement emergency response and contingency plans. (d) Report.--The Secretary shall-- (1) within 12 months after the date of enactment of this Act, report to Congress on-- (A) the status of southern sea otter populations; (B) implementation of the Recovery and Research Program and the grant program; and (C) any relevant formal consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the southern sea otter; and (2) within 24 months after the date of enactment of this Act and every 5 years thereafter, and in consultation with a southern sea otter recovery implementation team (if any) that is otherwise being utilized by the Secretary under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), report to Congress and the public on-- (A) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems; (B) an evaluation of actions taken to improve southern sea otter health, reduce southern sea otter mortality, and improve southern sea otter habitat; (C) recommendation for actions, pursuant to current law, to improve southern sea otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and (D) recommendations for funding to carry out this Act. SEC. 3. DEFINITIONS. In this Act: (1) Recovery and research program.--The term ``Recovery and Research Program'' means the recovery and research program under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2010 through 2015 of which-- (1) no less than 30 percent shall be for research grants under section 2(c)(3); and (2) no less than 30 percent shall be for recovery projects under section 2(c)(4). (b) Administrative Expenses.--Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 7 percent to pay the administrative expenses necessary to carry out this Act. SEC. 5. TERMINATION. This Act shall have no force or effect on and after the date the Secretary (as that term is used in section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination that the southern sea otter should be removed from the lists published under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk.

Southern Sea Otter Recovery and Research Act - (Sec. 2) Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service (USFWS) and the United States Geological Survey (USGS), to carry out a Recovery and Research Program for southern sea otter populations along the coast of California that includes: (1) monitoring, analysis, and assessment of population demographics, health, mortality, and life history parameters; and (2) implementation of measures to reduce or eliminate potential factors limiting populations that are related to marine ecosystem health or human activities. Requires the Secretary to: (1) appoint persons to a southern sea otter recovery implementation team as authorized under the Endangered Species Act of 1973 within a year; (2) establish a peer-reviewed, merit-based process to award competitive grants for research regarding such otters and for projects assisting the recovery of otter populations; and (3) establish a peer review panel to provide scientific advice and guidance to prioritize proposals for grants. Authorizes research grant topics to include: (1) causes of sea otter mortality; (2) southern sea otter demographics and natural history; (3) effects and sources of pollutants, nutrients, and toxicants on such otters and sequestration of contaminants; (4) effects and sources of infectious diseases and parasites affecting such otters; (5) limitations on the availability of food resources for such otters and the impacts of food limitation on southern sea otter carrying capacity; (6) interactions between southern sea otters and coastal fisheries and other human activities in the marine environment; (7) assessment of the keystone ecological role of sea otters in southern and central California's coastal marine ecosystems; and (8) assessment of the adequacy of emergency response and contingency plans. Authorizes funded recovery projects to include projects to: (1) protect and recover southern sea otters; (2) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities; and (3) implement emergency response and contingency plans. Requires the Secretary, within 12 months, to report to Congress on: (1) the status of southern sea otter populations; (2) implementation of the research and grant programs; and (3) endangered species consultations regarding southern sea otters. Requires the Secretary, within 24 months and every five years thereafter, to report to Congress and the public on: (1) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California's coastal marine ecosystems; (2) an evaluation of actions taken to improve otter health, reduce mortality, and improve southern sea otter habitat; (3) recommendation for actions to improve otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and (4) recommendations for funding to implement this Act. (Sec. 4) Authorizes appropriations for each of FY2010-FY2015. (Sec. 5) Terminates this Act on the date the Secretary publishes a determination that the southern sea otter should be removed from the endangered species and threatened species lists.

To establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detention of Enemy Combatants Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998, bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000, attack on the U.S.S. COLE (DDG-67), and the September 11, 2001, attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (4) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (5) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (6) The United States and its allies are engaged in armed conflict with al Qaeda. (7) Al Qaeda and its terrorist allies have a presence in more than 60 nations around the world, including the United States. United States citizens and residents have been detained as enemy combatants in the struggle against al Qaeda. (8) The term ``enemy combatant'' has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an ``enemy combatant'' is therefore extraordinarily broad. (9) There is precedent for detaining American citizens as enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of the 8 German soldiers who planned acts of sabotage within the United States claimed American citizenship. Detention of enemy combatants who are United States citizens is appropriate to protect the safety of the public and those involved in the investigation and prosecution of terrorism, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, to gather unimpeded vital information from the detainee, and otherwise to protect national security interests. (10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions. (11) Section 4001(a) of title 18, United States Code, provides that ``no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress''. Section 4001 was designed to repeal the Emergency Detention Act of 1950, and ensure that there was a statutory basis for any detention. As Chief Justice Burger wrote in Howe v. Smith, 452 U.S. 473 (1981), ``the plain language of section 4001(a) proscribes detention of any kind by the United States, absent a congressional grant of authority to detain''. (12) By this Act, the Congress authorizes the President to detain enemy combatants who are United States persons or residents who are members of al Qaeda, or knowingly cooperated with members of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. (13) During wartime, a nation must take extraordinary steps to protect itself, including measures that would never be acceptable during peacetime. Nonetheless, ``the Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.'' Ex Parte Milligan. (14) Nothing in this Act permits the Government, even in wartime, to detain American citizens or other persons lawfully in the United States as enemy combatants indefinitely without charges and hold them incommunicado without a hearing and without access to counsel on the basis of a unilateral determination that the person may be connected with an organization that intends harm to the United States. The Supreme Court has held that a citizen held in the United States as an enemy combatant must be given a meaningful opportunity to challenge the factual basis for that detention before a neutral decisionmaker. Hamdi v. Rumsfeld, 542 U.S. 1 (2004). The Supreme Court has held that even enemy aliens within the United States are entitled to habeas review of their conviction. Ex Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 U.S. 763 (1950). (15) The validity of the detention of citizens as enemy combatants may be challenged by a writ of habeas corpus. As the right of habeas corpus may be effectively nullified by denial of the assistance of counsel, a citizen detained as an enemy combatant may not be indefinitely denied access to counsel. (16) The Congress has a responsibility for maintaining vigorous oversight of detention of United States citizens and lawful residents to assure that such detentions are consistent with due process. SEC. 3. DETENTION OF ENEMY COMBATANTS. (a) Authority.--A United States person or resident may be detained as an enemy combatant in accordance with this Act if the United States person or resident is a member of al Qaeda, or knowingly cooperated with a member of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. Nothing in this Act shall apply to a United States person or resident who is a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (6 UST 3316). (b) Authority to Establish Procedural Rules.--The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the standards, process, and criteria to be used for the determination that an American citizen or lawful resident is an enemy combatant under subsection (a) and for the detention of such an enemy combatant. SEC. 4. PROCEDURAL REQUIREMENTS. The rules prescribed for the detention of enemy combatants shall establish clear standards and procedures governing detention of a United States person or resident that preserve the Government's ability to detain those who may threaten the United States, assist in the gathering of vital intelligence, and protect the confidentiality of that information or any other information which, if released, could impede the Government's investigation of terrorism. Such rules shall also guarantee timely access to judicial review to challenge the basis for a detention, and permit the detainee access to counsel. SEC. 5. DETENTION. (a) Duration of Detention.-- (1) Limitation.--A United States person or resident may be detained under subsection (a) of section 3 only while there is in effect for the purposes of this section a certification by the President that-- (A) the United States Armed Forces are engaged in a state of armed conflict with al Qaeda and an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person or resident is ongoing; or (B) detention is warranted in order to prevent such person or resident from aiding persons attempting to commit terrorist acts against the United States. (2) Certification and recertification.--A certification referred to in paragraph (1) shall be effective for 180 days. The President may make successive certifications under that paragraph. (b) Detention Review.--The United States District Court for the District of Columbia shall have exclusive jurisdiction to review any detention under this Act to ensure that the requirements of this Act for detaining an accused are satisfied. (c) Conditions of Detention.--A person detained under this Act shall be-- (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention. SEC. 6. REPORTS TO CONGRESS. Not less often than once every 12 months, the President shall submit to the Congress a report on the use of the authority provided by this Act. Each such report shall specify each individual subject to, or detained pursuant to, the authority provided by this Act. SEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED. In this Act, the term ``United States person or resident'' means-- (1) a United States person, as such term is defined in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)); or (2) an alien lawfully admitted to the United States for permanent residence. SEC. 8. TERMINATION OF AUTHORITY. The authority under this Act may not be exercised after December 31, 2007.

Detention of Enemy Combatants Act - Authorizes the detention of a U.S. person or resident (excluding a prisoner of war) as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant; and (2) for that individual's detention. Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States; and (2) guarantee timely access to judicial review and permit the detainee access to counsel.Authorizes a U.S. person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the U.S. armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing; or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States.Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act.Requires that detainees be: (1) detained at an appropriate location; (2) treated humanely; (3) afforded adequate food, water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions; and (5) allowed the free exercise of religion consistent with specified requirements.

To authorize the President to detain an enemy combatant who is a United States person or resident who is a member of al Qaeda or knowingly cooperated with members of al Qaeda, to guarantee timely access to judicial review to challenge the basis for a detention, to permit the detainee access to counsel, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Adult Education Instructor Recruitment and Retention Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Adult literacy and remedial education teachers provide adults and out-of-school youths basic skills that equip them to solve problems and become active participants in our society, to hold a job, and to further their education. (2) Students in adult literacy and remedial education classes are made up of those who dropped out of school or have passed through the school system without an adequate education. It also includes students who want to take the General Educational Development examination and, increasingly, immigrants whose native language is not English. (3) In the year 1998, there were over 4,000,000 students enrolled in adult education programs throughout the United States. (4) Nearly one-fourth of the 4,000,000 students enrolled were unemployed. Another 24 percent were working poor. Welfare recipients comprised almost 10 percent of all students in 1998. (5) That same year, there were 177,943 adult education instructors. Nearly 23,000 of those were working full-time, with another 69,129 working part-time. The remaining 85,924 teachers were volunteers. (6) Adult education has been shown to assist persons in achieving job skills and gain or advance in employment. For example, in 1998, over 150,000 adult education students went on to do other training; nearly 300,000 students retained, advanced, or gained employment. (7) As employers increasingly require a more literate workforce, workers' demand will grow for all types of literacy and remedial classes. (8) A softening economy may require more students to obtain additional education to get a job. (9) Adult education instructors often feel they are not as respected by education departments as their general education peers. Funding is generally inadequate, and resources are often old or nonexistent. Funding level changes can cause the number of teaching jobs to fluctuate from year to year. (10) Median hourly earnings of adult literacy and remedial education teachers and high school equivalency instructors were $16.12 in 2000. Yet, many adult education teachers have high student loans that they need to repay. SEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. (a) Guaranteed Student Loans.--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 ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(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) Ineligibility of national service award recipients.-- No student 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.). ``(e) 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. ``(f) 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 each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''. (b) Direct Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program of cancelling the obligation to repay a qualified loan amount for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall cancel the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(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) Ineligibility of national service award recipients.-- No student 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.). ``(e) 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. ``(f) 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 each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''.

Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.

To amend the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.

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

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

To amend the Internal Revenue Code of 1986 to simplify the taxation of minor children.

SECTION 1. SHORT TITLE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. (a) Short Title.--This Act may be cited as the ``Higher Education Affordability and Availability Act''. (b) Coordination With Taxpayer Relief Act of 1997.--Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.'' (2) Additional tax on amounts not used for higher education expenses.--Section 529 of such Code is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meets requirements comparable to the requirements of clauses (i) and (ii) of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) of such Code is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) of such Code (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Limitation on contributions to qualified tuition programs not maintained by a state.--Subsection (b) of section 529 of such Code is amended by adding at the end the following new paragraph: ``(8) Limitation on contributions to qualified tuition programs not maintained by a state.--In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $5,000.'' (3) Tax on excess contributions.-- (A) In general.--Subsection (a) of section 4973 of such Code is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, or''. (B) Excess contributions defined.--Section 4973(e) of such Code is amended to read as follows: ``(e) Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts.--For purposes of this section-- ``(1) In general.--In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $5,000. ``(2) Private education investment account.--For purposes of paragraph (1), the term `private education investment account' means-- ``(A) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, and ``(B) an education individual retirement account (as defined in section 530). ``(3) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ``(B) Any contribution to a qualified tuition program (as so defined) described in section 530(b)(2)(B) from any such account. ``(C) Any rollover contribution.'' (4) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (B) The text and headings of sections 529 and 530 of such Code are amended by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program''. (C)(i) The section heading of section 529 of such Code is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.'' (ii) The item relating to section 529 of such Code in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (5) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998. (c) Change of Qualified Tuition Program or of Designated Beneficiary.-- (1) In general.--Clause (i) of section 529(c)(3)(C) of such Code is amended by inserting ``to another qualified tuition program for the benefit of the designated beneficiary or'' after ``transferred''. (2) Inclusion of siblings as member of family.--Paragraph (e)(2) of section 529(e) of such Code is amended by inserting before the period at the end the following: ``, except that such term shall include any sibling (whether by the whole or half blood) of the designated beneficiary''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998.

Higher Education Affordability and Availability Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $5,000. Sets forth related excess contribution provisions.

Higher Education Affordability and Availability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Checking Account Fairness Act''. SEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS REQUIRED. (a) In General.--Section 603(d) of the Expedited Funds Availability Act (12 U.S.C. 4002(d)) is amended by adding at the end the following new paragraph: ``(3) Coordination with check clearing for the 21st century act.-- ``(A) In general.--The Board shall prescribe regulations under paragraph (1)-- ``(i) to reduce the time periods under subsections (a), (b), or (e), in accordance with the requirements of paragraph (1), to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act; and ``(ii) to eliminate distinctions between the schedules established under subsections (a), (b), or (e) if the Board finds that such distinctions no longer have any significance for any category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act. ``(B) Paragraph (2) adjustments.--The Board shall, by regulation, eliminate the extension provided under paragraph (2) for deposits of any category of checks if the Board finds that the extension has no substantial usefulness under the Checking Clearing for the 21st Century Act or the regulations implementing such Act.''. (b) Regulations.--The Board shall prescribe the regulations required under the amendment made by subsection (a) in final form before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT CONSUMERS. (a) Deposits at Proprietary ATMs.--Section 603(a)(2) of the Expedited Funds Availability Act (12 U.S.C. 4002(a)(2)) is amended-- (1) in subparagraphs (B)(ii) and (C)(ii), by inserting ``or is deposited at a proprietary ATM'' before the semicolon at the end of each such subparagraph; and (2) in subparagraph (E), by inserting ``, or a check deposited at a proprietary ATM,'' after ``deposited in a branch of a depository institution''. (b) Limitation on Certain Fees During Check Hold Period.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by adding at the end the following new subsection: ``(f) Limitation on Certain Fees During Check Hold Period.--If a receiving depository institution has received a provisional or final settlement with respect to a check deposited in an account at the depository institution and such depository institution has not yet made the proceeds of the deposit available to the accountholder, the receiving depository institution may not assess any fee for an overdraft, or any fee associated with the payment of an overdraft, that would not have occurred if such funds so deposited were available.''. (c) Credits Required to Be Posted Before Debits.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by inserting after subsection (f) (as added by subsection (b) of this section) the following new subsection: ``(g) Order of Posting.--In the process of posting credits and debits against a checking account used primarily for personal, family, or household purposes after the close of any business day, the receiving depository institution shall credit all deposits to the account before debiting any check drawn on the account and presented to the depository institution for payment.''. (d) Saturdays May Be Treated as Business Days.--Section 602(3) of the Expedited Funds Availability Act (12 U.S.C. 4001(3)) is amended by adding at the end the following new sentence: ``For purposes of this title, however, Saturday shall be treated as a business day in the calculation of any period within which funds deposited in an account at a receiving depository institution are required be made available under this title, if with respect to checks received by the depository institution for which it is the originating institution, the depository institution debits accounts on Saturdays for such checks.''. (e) Reduction in Check Holds for Nonlocal Check Deposits.--Section 603(b)(2) of the Expedited Funds Availability Act (12 U.S.C. 4002(b)(2)) is amended by striking ``not more than 4 business days shall intervene between'' and inserting ``funds shall be made available on the 2nd business day after''. (f) Adjustment for Inflation for Large Check Limitation.-- (1) In general.--Section 604(a)(3) of the Expedited Funds Availability Act (12 U.S.C. 4003(a)(3)) is amended by striking ``$5,000'' each place such term appears and inserting ``$7,500''. (2) Clerical amendment.--The paragraph heading for section 604(a)(3) of the Expedited Funds Availability Act is amended by striking ``$5,000'' and inserting ``$7,500''. (g) Adjustment for Small Deposit Availability.-- (1) In general.--Section 603(a)(2)(D) of of the Expedited Funds Availability Act (12 U.S.C. 4002(a)(2)(D)) is amended by striking ``$100'' and inserting ``$500''. (2) Technical and conforming amendment.--The heading for subparagraph (C) of section 603(b)(3) of the Expedited Funds Availability Act (12 U.S.C. 4002(b)(3)(C)) is amended by striking ``$100 availability'' and inserting ``Coordination with other amount available''. (h) Fees for Services not Requested.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by inserting after subsection (g) (as added by subsection (c) of this section) the following new subsection: ``(h) Fees for Services not Requested.--No depository institution may impose any fee for paying any check drawn on an account in spite of a lack of sufficient funds in the account to pay such check or any similar activity (commonly referred to as `bounce protection') unless the accountholder has affirmatively requested such service.''. (i) Clarification of Preemption.--Section 608 of the Expedited Funds Availability Act (12 U.S.C. 4007) is amended-- (1) in subsection (b)-- (A) by inserting ``or (c)'' after ``subsection (a)''; and (B) by inserting ``, but only to the extent of any such inconsistency'' before the period at the end; and (2) by adding at the end the following new subsection: ``(c) Clarification of Inconsistency.--A State law shall not be construed as inconsistent with this title, or any regulation prescribed under this title, if the protection such law affords the consumer by such law is greater than the protection afforded by this title. For purposes of determining congressional intent with respect to preemption, the purpose of this title shall be construed to be the establishment of a minimum basis of protection for the consumer and not the creation of a uniform national rule.''. SEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUBSTITUTE CHECKS ARE PROVIDED WITHOUT COST UPON REQUEST. Section 7(b) of the Checking for the 21st Century Act (12 U.S.C. 5006(b)) is amended by adding at the end the following new paragraph: ``(3) Fees for substitute checks.--If any bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check for such consumer with respect to such account, the expedited recredit process established under this section shall be available for all charges initiated by check against any such account regardless of whether a substitute check was involved or was provided to the consumer.''.

Consumer Checking Account Fairness Act - Amends the Expedited Funds Availability Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations to: (1) reduce the expedited funds availability time periods to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act (Check 21 Act) or its implementing regulations; and (2) eliminate distinctions between the time period schedules if the Board finds that they no longer have any significance for any category of checks under such Act or regulations. Extends the next business day availability requirement to funds deposited at a proprietary ATM. Sets a limit upon certain overdraft fees imposed during a check hold period. Requires a depository institution to credit all deposits to a consumer checking account before debiting any check drawn on the account and presented for payment. Requires that Saturday be treated as a business day in the calculation of any period within which funds deposited in an account are required to be made available if the depository institution debits accounts on Saturdays for checks received. Reduces from four business days to two business days the mandatory check hold period on funds deposited by nonlocal checks. Prohibits a depository institution from imposing a fee for paying any check drawn on an account which lacks sufficient funds (bounce protection) unless the accountholder has requested check protection service. Amends the Check 21 Act to provide that if a bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check, the expedited recredit process shall be available for all charges initiated by check against the account regardless of whether a substitute check was involved or provided to the consumer.

To amend the Expedited Funds Availability Act to redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits, and for other purposes.

SECTION 1. AVAILABILITY OF APPROPRIATED FUNDS FOR INTERNATIONAL MILITARY-TO-CIVILIAN AND CIVILIAN-TO-CIVILIAN CONTACT ACTIVITIES CONDUCTED BY THE NATIONAL GUARD. (a) In General.--Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 10219. International military-civilian contact activities conducted by the National Guard: availability of appropriated funds to support activities ``(a) Availability of Appropriated Funds; Authorized Purposes.-- Funds appropriated to the Department of Defense shall be available for the payment of costs incurred by the National Guard (including the costs of pay and allowances of members of the National Guard) in conducting international military-to-civilian contacts, civilian-to- civilian contacts, and comparable activities for purposes as follows: ``(1) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted. ``(2) To build international civil-military partnerships and capacity. ``(3) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments. ``(4) To facilitate intergovernmental collaboration between the United States Government and foreign governments. ``(5) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security. ``(b) Limitations.--(1) Funds shall not be available under subsection (a) for contacts and activities described in that subsection that are conducted in a foreign country unless jointly approved by the commander of the combatant command concerned and the chief of mission concerned. ``(2) Funds shall not be available under subsection (a) for the participation of a member of the National Guard in contacts and activities described in that subsection in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation. ``(c) Reimbursement.--In the event of the participation of personnel of a department or agency of the United States Government (other than the Department of Defense) in contacts and activities for which payment is made under subsection (a), the head of such department or agency shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities. Amounts reimbursed the Department of Defense under this subsection shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. ``(d) Definitions.--In this section: ``(1) The term `military-to-civilian contacts' means the following: ``(A) Contacts between members of the Armed Forces and foreign civilian personnel. ``(B) Contacts between members of foreign Armed Forces and United States civilian personnel. ``(2) The term `civilian-to-civilian contacts' means contacts between United States civilian personnel and foreign civilian personnel. ``(3) The term `United States civilian personnel' means the following: ``(A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States. ``(B) Members and employees of the legislative branch, and non-governmental individuals, if the participation of such individuals in contacts and activities described in subsection (a)-- ``(i) contributes to responsible management of defense resources; ``(ii) fosters greater respect for and understanding of the principle of civilian control of the military; ``(iii) contributes to cooperation between foreign military and civilian government agencies and United States military and civilian governmental agencies; or ``(iv) improves international partnerships and capacity on matters relating to defense and security. ``(4) The term `foreign civilian personnel' means the following: ``(A) Civilian personnel of foreign governments at any level (including personnel of ministries other than ministries of defense). ``(B) Non-governmental individuals of foreign countries, if the participation of such individuals in contacts and activities described in subsection (a) will further the achievement of any matter set forth in clauses (i) through (iv) of paragraph (3)(B).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``10219. International military-civilian contact activities conducted by the National Guard: availability of appropriated funds to support activities.''.

Makes funds appropriated to the Department of Defense (DOD) available for costs incurred by the National Guard in conducting international military-to-civilian contacts, civilian-to-civilian contacts, and comparable activities in order to: (1) support objectives of the commander of the combatant command for the theater of operations in which the contacts occur; (2) build international civil-military partnerships and capacity; (3) strengthen cooperation between U.S. and foreign departments and agencies; (4) facilitate intergovernmental collaboration between the U.S. government and foreign governments; and (5) facilitate the exchange of information between the U.S. government and foreign governments on matters relating to defense and security.

To amend title 10, United States Code, to authorize the availability of appropriated funds for international partnership contact activities conducted by the National Guard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Forest Health and Wildfire Prevention Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) there is an increasing threat of wildfire to millions of acres of forest land and rangeland throughout the United States; (2) forest land and rangeland are degraded as a direct consequence of land management practices, including practices to control and prevent wildfires and the failure to harvest subdominant trees from overstocked stands that disrupt the occurrence of frequent low-intensity fires that have periodically removed flammable undergrowth; (3) at least 39,000,000 acres of land of the National Forest System in the interior West are at high risk of wildfire; (4) an average of 95 percent of the expenditures by the Forest Service for wildfire suppression during fiscal years 1990 through 1994 were made to suppress wildfires in the interior West; (5) the number, size, and severity of wildfires in the interior West are increasing; (6) of the timberland in National Forests in the States of Arizona and New Mexico, 59 percent of such land in Arizona, and 56 percent of such land in New Mexico, has an average diameter of 9 to 12 inches diameter at breast height; (7) the population of the interior West grew twice as fast as the national average during the 1990s; (8) catastrophic wildfires-- (A) endanger homes and communities; (B) damage and destroy watersheds and soils; and (C) pose a serious threat to the habitat of threatened and endangered species; (9) a 1994 assessment of forest health in the interior West estimated that only a 15- to 30-year window of opportunity exists for effective management intervention before damage from uncontrollable wildfire becomes widespread, with 8 years having already elapsed since the assessment; (10) healthy forest and woodland ecosystems-- (A) reduce the risk of wildfire to forests and communities; (B) improve wildlife habitat and biodiversity; (C) increase tree, grass, forb, and shrub productivity; (D) enhance watershed values; (E) improve the environment; and (F) provide a basis in some areas for economically and environmentally sustainable uses; (11) sustaining the long-term ecological and economic health of interior West forests and woodland, and their associated human communities requires preventing severe wildfires before the wildfires occur and permitting natural, low-intensity ground fires; (12) more natural fire regimes cannot be accomplished without the reduction of excess fuels and thinning of subdominant trees (which fuels and trees may be of commercial value); (13) ecologically based forest and woodland ecosystem restoration on a landscape scale will-- (A) improve long-term community protection; (B) minimize the need for wildfire suppression; (C) improve resource values; (D) improve the ecological integrity and resilience of these systems; (E) reduce rehabilitation costs; (F) reduce loss of critical habitat; and (G) protect forests for future generations; (14) although landscape scale restoration is needed to effectively reverse degradation, scientific understanding of landscape scale treatments is limited; (15) rigorous, objective, understandable, and applied scientific information is needed for-- (A) the design, implementation, monitoring, and adaptation of landscape scale restoration treatments and improvement of wildfire management; (B) the environmental review process; and (C) affected entities that collaborate in the development and implementation of wildfire treatment. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance the capacity to develop, transfer, apply, monitor, and regularly update practical science-based forest restoration treatments that will reduce the risk of severe wildfires, and improve the health of dry forest and woodland ecosystems in the interior West; (2) to synthesize and adapt scientific findings from conventional research programs to the implementation of forest and woodland restoration on a landscape scale; (3) to facilitate the transfer of interdisciplinary knowledge required to understand the socioeconomic and environmental impacts of wildfire on ecosystems and landscapes; (4) to require the Institutes established under this Act to collaborate with Federal agencies-- (A) to use ecological restoration treatments to reverse declining forest health and reduce the risk of severe wildfires across the forest landscape; and (B) to design, implement, monitor, and regularly revise representative wildfire treatments based on the use of adaptive ecosystem management; (5) to assist land managers in-- (A) treating acres with restoration-based applications; and (B) using new management technologies (including the transfer of understandable information, assistance with environmental review, and field and classroom training and collaboration) to accomplish the goals identified in-- (i) the National Fire Plan; (ii) the report entitled ``Protecting People and Sustaining Resources in Fire-Adapted Ecosystems-A Cohesive Strategy'' (65 Fed. Reg. 67480); and (iii) the report entitled ``10-Year Comprehensive Strategy: A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment'' of the Western Governors' Association; (6) to provide technical assistance to collaborative efforts by affected entities to develop, implement, and monitor adaptive ecosystem management restoration treatments that are ecologically sound, economically viable, and socially responsible; and (7) to assist Federal and non-Federal land managers in providing information to the public on the role of fire and fire management in dry forest and woodland ecosystems in the interior West. SEC. 4. DEFINITIONS. In this Act: (1) Adaptive ecosystem management.-- (A) Definition.--The term ``adaptive ecosystem management'' means a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that-- (i) is based on scientific findings and the needs of society; (ii) treats management actions as experiments; (iii) acknowledges the complexity of these systems and scientific uncertainty; and (iv) uses the resulting new knowledge to modify future management methods and policy. (B) Clarification.--This paragraph shall not define the term ``adaptive ecosystem management'' for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). (2) Affected entities.--The term ``affected entities'' includes-- (A) land managers; (B) stakeholders; (C) concerned citizens; and (D) the States of the interior West, including political subdivisions of the States. (3) Dry forest and woodland ecosystem.--The term ``dry forest and woodland ecosystem'' means an ecosystem that is dominated by ponderosa pines and associated dry forest and woodland types. (4) Institute.--The term ``Institute'' means an Institute established under section 5(a). (5) Interior west.--The term ``interior West'' means the States of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. (6) Land manager.-- (A) In general.--The term ``land manager'' means a person or entity that practices or guides natural resource management. (B) Inclusions.--The term ``land manager'' includes a Federal, State, local, or tribal land management agency. (7) Restoration.--The term ``restoration'' means a process undertaken to move an ecosystem or habitat toward-- (A) a sustainable structure of the ecosystem or habitat; or (B) a condition that supports a natural complement of species, natural function, or ecological process (such as a low-intensity fire). (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (9) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior. (10) Stakeholder.--The term ``stakeholder'' means any person interested in or affected by management of forest or woodland ecosystems. (11) Subdominant trees.--Are trees that occur underneath the canopy or extend into the canopy but are smaller and less vigorous than dominant trees. (12) Overstocked stands.--Where the number of trees per acre exceeds the natural carrying capacity of the site. (13) Resilience.--The ability of a system to absorb disturbance without being pushed into a different, possibly less desirable stable state. SEC. 5. ESTABLISHMENT OF INSTITUTES. (a) In General.--The Secretary, in consultation with the Secretary of the Interior, shall-- (1) not later than 180 days after the date of enactment of this Act, establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of forest and woodland ecosystems, in the interior West; and (2) provide assistance to the Institutes to promote the use of collaborative processes and adaptive ecosystem management in accordance with paragraph (1). (b) Location.-- (1) Existing institutes.--The Secretary may designate an institute in existence on the date of enactment of this Act to serve as an Institute established under this Act. (2) States.--Of the Institutes established under this Act, the Secretary shall establish 1 Institute in each of-- (A) the State of Arizona, to be located at Northern Arizona University; (B) the State of New Mexico, to be located at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management (INRAM); and (C) the State of Colorado. (c) Duties.--Each Institute shall-- (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West; (2) synthesize and adapt scientific findings from conventional research to implement restoration-based hazardous fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework; (3) translate for and transfer to affected entities any scientific and interdisciplinary knowledge about restoration-based hazardous fuel reduction treatments; (4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of restoration-based hazardous fuel reduction treatments; and (5) provide peer-reviewed annual reports. (d) Qualifications.--Each Institute shall-- (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences; and (2) explicitly integrate those disciplines in the performance of the duties listed in subsection (c). (e) Cooperation.--Each Institute may cooperate with-- (1) researchers and cooperative extension programs at colleges, community colleges, and universities in the States of Arizona, New Mexico, and Colorado that have a demonstrated capability to conduct research described in subsection (c); and (2) other organizations and entities in the interior West (such as the Western Governors' Association). (f) Annual Work Plans.--As a condition of the receipt of funds made available under this Act, for each fiscal year, each Institute shall develop in consultation with the Secretary, for review by the Secretary, in consultation with the Secretary of the Interior, an annual work plan that includes assurances, satisfactory to the Secretaries, that the proposed work of the Institute will serve the informational needs of affected entities. (g) Establishment of Additional Institutes.--If after 2 years after the date of the enactment of this Act, the Secretary finds that the Institute model established at the locations named in subsection (b)(2) would be constructive for other interior West States, the Secretary may establish 1 institute in each of those States. SEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES. In carrying out this Act, the Secretary, in consultation with the Secretary of the Interior-- (1) to the extent that funds are appropriated for the purpose, shall provide financial and technical assistance to the Institutes to carry out the duties of the Institutes under section 5; (2) shall encourage Federal agencies to use, on a cooperative basis, information and expertise provided by the Institutes; (3) shall encourage cooperation and coordination between Federal programs relating to-- (A) ecological restoration; (B) wildfire risk reduction; and (C) wildfire management technologies; (4) notwithstanding chapter 63 of title 31, United States Code, may-- (A) enter into contracts, cooperative agreements, and interagency personnel agreements to carry out this Act; and (B) carry out other transactions under this Act; (5) may accept funds from other Federal agencies to supplement or fully fund grants made, and contracts entered into, by the Secretaries; (6) may support a program of internships for qualified individuals at the undergraduate and graduate levels to carry out the educational and training objectives of this Act; (7) shall encourage professional education and public information activities relating to the purposes of this Act; and (8) may promulgate such regulations as the Secretaries determine are necessary to carry out this Act. SEC. 7. MONITORING AND EVALUATION. (a) In General.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall complete and submit to the Committee on Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a detailed evaluation of the programs and activities of each Institute-- (1) to ensure, to the maximum extent practicable, that the research, communication tools, and information transfer activities of each Institute are sufficient to achieve the purposes of this Act, including-- (A) implementing active adaptive ecosystem management practices at the landscape level; (B) reducing unnecessary planning costs; (C) avoiding duplicative and conflicting efforts; (D) increasing public acceptance of active adaptive ecosystem management practices; and (E) achieving general satisfaction on the part of affected entities; (2) to determine the extent to which each Institute has implemented its duties under section 5(c); and (3) to determine whether continued provision of Federal assistance to each Institute is warranted. (b) Termination of Assistance.--If, as a result of an evaluation under subsection (a), the Secretary, in consultation with the Secretary of the Interior, determines that an Institute does not qualify for further Federal assistance under this Act, the Institute shall receive no further Federal assistance under this Act until such time as the qualifications of the Institute are reestablished to the satisfaction of the Secretaries. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $15,000,000 for each fiscal year. (b) Limitation.--No funds made available under subsection (a) shall be used to pay the costs of constructing any facilities. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Southwest Forest Health and Wildfire Prevention Act of 2004 - (Sec. 5) Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to: (1) establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires and restore the health of forest and woodland ecosystems in the interior West (Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah); and (2) assist the Institutes in promoting the use of collaborative processes and adaptive ecosystems management. Requires, initially, the establishment of three Institutes, with: (1) one in Arizona, at Northern Arizona University; (2) one in New Mexico, at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management; and (3) one in Colorado. Defines the term "adaptive ecosystem management" to mean a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that: (1) is based on scientific findings and the needs of society; (2) treats management actions as experiments; (3) acknowledges the complexity of these systems and scientific uncertainty; and (4) uses the resulting new knowledge to modify future management methods and policy. Prohibits the definition of such term for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974. Requires each Institute to: (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West; (2) synthesize and adapt scientific findings from conventional research to implement such fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework; (3) translate for and transfer to affected entities (land managers, stakeholders, concerned citizens, and States of the interior West) any scientific and interdisciplinary knowledge about such fuel reduction treatments; (4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of such fuel reduction treatments; and (5) provide peer-reviewed annual reports. Requires each Institute to: (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences, and explicitly integrate those disciplines in the performance of such duties; and (2) develop an annual work plan for review by the Secretary. Authorizes the Secretary to establish one institute in each of the other interior West States, if after two years, the Secretary finds that the Institute model would be constructive for those States. (Sec. 6) Provides for cooperation between the Institutes and Federal programs. Encourages cooperation and coordination between Federal programs relating to ecological restoration, wildfire risk reduction, and wildfire management technologies. (Sec. 7) Requires the Secretary to evaluate and report to specified congressional committees every five years on the programs and activities of each Institute. (Sec. 8) Authorizes appropriations.

To establish Institutes to demonstrate and promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of fire-adapted forest and woodland ecosystems of the interior West.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Security Improvement Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) independent studies have shown that the safety and discipline of students in public school systems are ranked as the top 2 concerns of the public with respect to matters relating to the administration of public school systems; (2) administrators of public school systems must be given the resources necessary to ensure that the students and the personnel of such systems are provided educational and working environments that are safe and orderly; and (3) if the misconduct of a student who is a child with a disability is not a manifestation of a disability of the student, the student should be subject to the same disciplinary measures that are provided in the rules or code of conduct of an educational entity for a student who is a child without a disability, including a disciplinary measure such as a cessation of educational services. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to permit educational entities to use fair disciplinary measures against all students, including children with disabilities; and (2) to require educational entities-- (A) to include in the educational record of a student who is a child with a disability or a student who is a child without a disability a statement of disciplinary measures taken against the student; and (B) to transmit the statement with the educational record of the student to other educational entities if the student transfers from an elementary school or secondary school (as the terms are defined in section 602(c)) to another such school. SEC. 4. DISCIPLINE OF STUDENTS WHO ARE CHILDREN WITH DISABILITIES. (a) Maintenance of Disciplinary Records.--Section 612 of the Individuals with Disabilities Education Act (20 U.S.C. 1412) is amended by adding at the end the following: ``(8) The State has in effect a State law that requires State educational agencies, local educational agencies, and intermediate educational units-- ``(A) to include in the educational record of a child with a disability or a child without a disability a statement of any disciplinary measure taken against the child that results in an out-of-school suspension of more than 10 days or an expulsion from school; and ``(B) in a case in which the child with a disability or the child without a disability is transferred from an elementary school or secondary school (as the terms are defined in section 602(c), or section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), whichever are applicable) to another such school (in the State or in another State), to transmit the statement with the educational record to other educational entities involved with such a transfer. The statement described in subparagraph (A) for a child with a disability or a child without a disability may include a description of any behavior engaged in by the child that required a disciplinary measure, a description of the disciplinary measure taken against the child, and any other information that is relevant to the safety of the child and the individuals involved with the child.''. (b) Disciplinary Measures.-- (1) Use of disciplinary measures when the behavior of a child is not a manifestation of the disability of the child.-- Part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) is amended by inserting after section 615 the following: ``SEC. 615A. USE OF DISCIPLINARY MEASURES WHEN THE BEHAVIOR OF A CHILD IS NOT A MANIFESTATION OF THE DISABILITY OF THE CHILD. ``(a) In General.--A State educational agency, a local educational agency, or an intermediate educational unit may use a long-term disciplinary measure to address the behavior of a child with a disability that is a violation of the rules or code of conduct of such an educational entity, if-- ``(1) the behavior was not a manifestation of the disability of the child; and ``(2) the long-term disciplinary measure applies to the child with a disability to the same extent the long-term disciplinary measure applies to a child without a disability who engages in the same behavior. ``(b) Provision of Educational Services.--In the case of a child with a disability who engages in behavior that violates the rules or code of conduct of an educational entity described in subsection (a), the child shall continue to receive educational services in accordance with this Act, unless-- ``(1) the behavior of the child was not a manifestation of the disability of the child; and ``(2) the policy of the educational entity is to cease educational services to any child determined to be engaged in such behavior. ``(c) Construction.--Nothing in this section shall be construed to limit the rights provided for children with disabilities under section 615. ``(d) Definition.--In this section, the term `long-term disciplinary measure' means a disciplinary action that is carried out by an educational entity described in subsection (a) for a period of more than 10 school days.''. (2) Alternative Educational Placement for Threatening Behavior.--Section 615(e)(3)(B)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)(3)(B)(i)) is amended by striking ``jurisdiction of such agency,'' and inserting ``jurisdiction of such agency or is determined by a hearing officer to have been engaged in behavior in such school that posed a threat to the safety of individuals involved with the child,''. (c) Definitions.--Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401) is amended by adding at the end the following: ``(c) In sections 612(8) and 615A, the term `child without a disability' means an individual-- ``(1) who is enrolled in an elementary school or secondary school (as the terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); and ``(2) who is not a child with a disability.''. SEC. 5. SENSE OF THE SENATE. (a) Findings.--Congress finds that-- (1) when Congress enacted the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), Congress made a commitment to provide funding for the State grant program under the Act at a level of 40 percent of the national average per- pupil expenditure; and (2) since the enactment of such Act, Congress has only funded the State grant program at 7 percent of the national average per-pupil expenditure. (b) Sense of the Senate.--It is the sense of the Senate that Congress should follow through on its original funding commitment and provide funding for the State grant program under the Individuals with Disabilities Education Act at the level of 40 percent of the national average per-pupil expenditure.

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

School Security Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cavernous Angioma Research Resource Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cavernous angioma, also termed ``cerebral cavernous malformations'' or ``CCM'', affects an estimated 1,500,000 people in the United States. (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved through costly and specialized medical imaging techniques. These techniques are often not readily available where patients live, and require sedation for children and disabled adults. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. In the genetic forms, they may not be aware that it may be passed on to their children. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery. No alternative treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the ``common Hispanic mutation'' that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects thousands of individuals in New Mexico and with ancestry in New Mexico. (10) Other States with high rates of cavernous angioma due to the common Hispanic Mutation include Texas, Arizona, and Colorado. (11) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need to identify institutions capable of running clinical trial for this debilitating brain disorder. SEC. 3. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES. ``(a) Expansion, Intensification, and Coordination of Activities.-- The Director of NIH, acting through the director of the National Institute of Neurological Disorders and Stroke, shall expand and intensify programs of the National Institutes of Health or may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for research and related activities concerning cavernous angioma. ``(b) Activities.--In expanding and intensifying programs under subsection (a), the Director of NIH may carry out the following: ``(1) Basic, translational, and clinical research.--Conduct or financially support basic, clinical, and translational research on cavernous angioma, including research on the following: ``(A) Proteomic, pharmacological, and cell biological analysis of the cerebral cavernous malformations (referred to in this section as the `CCM') molecules. ``(B) Continued development and expansion of novel animal models for cavernous angioma preclinical research. ``(C) Early detection, diagnosis, and treatment of cavernous angioma. ``(D) Biological mechanisms for lesion genesis, development, and maturation. ``(E) Biological mechanisms for lesion bleeding and symptomology. ``(F) Novel biomedical and pharmacological interventions designed to prohibit new lesion development, lesion growth, and lesion bleeding. ``(G) Contributions of genetic variation to clinical presentation as targets for therapy. ``(H) Identification and development of biomarkers to measure phenotypic variation. ``(I) Research related to improving the quality of life for individuals with cavernous angioma and their families. ``(J) Clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out these research directions. ``(2) Facilitation of research resources; clinical trial preparedness.-- ``(A) Coordination.--Identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma. Such coordinating center shall provide a model for additional trial sites, facilitate medical research to develop a cure for cavernous angioma, and enhance the medical care of individuals with cavernous angioma nationwide. Such coordinating center shall-- ``(i) have an institutional infrastructure that is capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; ``(ii) have the capacity to maintain programs dedicated to patient education, patient outreach, and awareness, including-- ``(I) launching a national multimedia public awareness campaign; ``(II) creating and distributing patient education materials for distribution by national physician and surgeon offices; ``(III) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma in areas of high cavernous angioma population density; ``(IV) coordinating regular patient and family-oriented educational conferences; and ``(V) developing nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; ``(iii) have the capacity to establish and maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; ``(iv) have demonstrated clinical expertise in cavernous angioma management; ``(v) have a sufficient number of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers; and ``(vi) have a telehealth infrastructure to support and to provide clinical consultation for remote and underserved communities. ``(B) Participation.--Identify and support the development of clinical and research participation centers with the potential to participate in a multi- site clinical drug trial for cavernous angioma. Such participation centers may facilitate medical research to develop a cure for cavernous angioma and enhance the medical care of individuals with cavernous angioma in partnership with the coordinating center under subparagraph (A) and other national and international centers. Such participation centers shall-- ``(i) have an institutional infrastructure capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; ``(ii) have the capacity to maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; ``(iii) have demonstrated clinical expertise in cavernous angioma management; and ``(iv) have a sufficient numbers of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers as these unique populations may provide insight to other genetic and non-genetic forms of the illness. ``(c) Training Program for Clinicians and Scientists.-- ``(1) In general.--Eligible coordinating and participation centers under this section shall establish or expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. ``(2) Research resources.--In carrying out this subsection, the Director of NIH may-- ``(A) use information collected by the National Institutes of Health pursuant to other provisions of law or prior to the date of the enactment of this section; ``(B) take into consideration the availability of other research resources; ``(C) encourage the use of research resources for research on, and development of, therapies and treatments for individuals with cavernous angioma; and ``(D) encourage the inclusion of individuals with cavernous angioma in clinical trials conducted or supported by the National Institutes of Health. ``(3) Cavernous angioma consortium.--The Director of NIH may provide for the participation of agencies of the National Institutes of Health in a consortium to facilitate the exchange of information and to make the research effort on cavernous angioma more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Such consortium shall include at least one national cavernous angioma patient advocacy organization and may be the same consortium receiving a grant or contract under subsection (b)(2)(A).''. SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION CAVERNOUS ANGIOMA SURVEILLANCE AND RESEARCH PROGRAMS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CAVERNOUS ANGIOMA SURVEILLANCE AND RESEARCH PROGRAMS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the collection, analysis, and reporting of data on cavernous angioma. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. ``(b) National Cavernous Angioma Epidemiology Program.-- ``(1) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the purpose of carrying out epidemiological activities regarding cavernous angioma, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility (including costs and benefits) of specific practice patterns. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. ``(2) National surveillance program.--In carrying out subsection (a), the Secretary shall-- ``(A) provide for a national surveillance program; and ``(B) where possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K.''. SEC. 5. FOOD AND DRUG ADMINISTRATION CAVERNOUS ANGIOMA CLINICAL TRIAL PREPAREDNESS AND SUPPORT PROGRAM. (a) Investigational New Drug Application.--The Commissioner of Food and Drugs shall work with clinical centers, investigators, and advocates to support appropriate investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act in an effort to hasten the pace of clinical trials for cavernous angioma. (b) Orphan Product Development.--Where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, the Commissioner of Food and Drugs shall support appropriate requests for designations of drugs as orphan drugs under section 526 of the Federal Food, Drug, and Cosmetic Act. SEC. 6. REPORT TO CONGRESS. Not later than January 1, 2015, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this Act and the amendments made by this Act.

Cavernous Angioma Research Resource Act of 2013 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and intensify NIH programs regarding research and related activities concerning cavernous angioma. Authorizes grants and cooperative agreements to public or nonprofit private entities for such activities. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on cavernous angioma; (2) identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma; and (3) identify and support the development of clinical and research participation centers with the potential to participate in such a trial. Requires coordinating and participation centers to expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. Authorizes the Director to provide for the participation of NIH agencies in a consortium (to include at least one patient advocacy organization) to facilitate the exchange of information and increase the efficiency and effectiveness of the research effort. Authorizes the Secretary of Health and Human Services (HHS) to award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for: (1) the collection, analysis, and reporting of data on cavernous angioma; and (2) epidemiological activities, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. Requires establishment of a national surveillance program as part of such activities. Requires the Commissioner of Food and Drugs (FDA) to: (1) work with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under the Federal Food, Drug, and Cosmetic Act in order to hasten the pace of clinical trials for cavernous angioma; and (2) where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, support appropriate requests for designations of orphan drugs.

Cavernous Angioma Research Resource Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Freedom Agenda Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Unchecked power by any branch leads to oppressive transgressions on individual freedoms and ill-considered government policies. (2) The Founding Fathers enshrined checks and balances in the Constitution to protect against government abuses to derail ill-conceived domestic or foreign endeavors. (3) Checks and balances make the Nation safer by preventing abuses that would be exploited by Al Qaeda to boost terrorist recruitment, would deter foreign governments from cooperating in defeating international terrorism, and would make the American people reluctant to support aggressive counter- terrorism measures. (4) Checks and balances have withered since 9/11 and an alarming concentration of power has been accumulated in the presidency based on hyper-inflated fears of international terrorism and a desire permanently to alter the equilibrium of power between the three branches of government. (5) The unprecedented constitutional powers claimed by the President since 9/11 subtracted national security and have been asserted for non-national security purposes. (6) Experience demonstrates that global terrorism can be thwarted, deterred, and punished through muscular application of law enforcement measures and prosecutions in Federal civilian courts in lieu of military commissions or military law. (7) Congressional oversight of the executive branch is necessary to prevent secret government, which undermines self- government and invites lawlessness and maladministration. (8) The post-9/11 challenges to checks and balances are unique in the Nation's history because the war on global terrorism has no discernable end. (b) Purpose.--The American Freedom Agenda Act of 2007 is intended to restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers. SEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS. (a) The Military Commissions Act of 2006 is hereby repealed. (b) The President is authorized to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. (c) The President is prohibited from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States, provided that no United States citizen shall be detained as an unlawful enemy combatant. (d) Any individual detained as an enemy combatant by the United States shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code. SEC. 4. TORTURE OR COERCED CONFESSIONS. No civilian or military tribunal of the United States shall admit as evidence statements extracted from the defendant by torture or coercion. SEC. 5. INTELLIGENCE GATHERING. No Federal agency shall gather foreign intelligence in contravention of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.). The President's constitutional power to gather foreign intelligence is subordinated to this provision. SEC. 6. PRESIDENTIAL SIGNING STATEMENTS. The House of Representatives and Senate collectively shall enjoy standing to file a declaratory judgment action in an appropriate Federal district court to challenge the constitutionality of a presidential signing statement that declares the President's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. SEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD. No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President's belief that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. A knowing violation of this section shall be punished as a felony punishable by a fine or imprisonment of up to 2 years. SEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT. Nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States. SEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS. Notwithstanding any other law, secret evidence shall not be used by the President or any other member of the executive branch to designate an individual or organization with a United States presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or otherwise imposing criminal or civil sanctions.

American Freedom Agenda Act of 2007 - Repeals the Military Commissions Act of 2006. Authorizes the President to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. Prohibits the President from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States. Prohibits the detention of any U.S. citizen as an unlawful enemy combatant. Entitles any individual detained as an enemy combatant by the United States to petition for a writ of habeas corpus. Prohibits any civilian or military tribunal of the United States from admitting as evidence statements extracted from the defendant by torture or coercion. Prohibits any federal agency from gathering foreign intelligence in contravention of the Foreign Intelligence Surveillance Act. Subordinates the President's constitutional power to gather foreign intelligence to such prohibition. Gives the House of Representatives and Senate standing to file a declatory judgment action in an appropriate federal district court to challenge the constitutionality of a presidential signing statement that declares the president's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. Prohibits any U.S. officer or agent from kidnapping, imprisoning, or torturing any person abroad based soley on the president's belief that the subject of the action is a criminal or enemy combatant. Allows kidnapping if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. Provides that nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to U.S. national security. Prohibits the use of secret evidence by the President or any other member of the executive branch to designate an individual or organization with a U.S. presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or civil sanctions.

To restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997''. SEC. 2. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in the section heading by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking `` title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) the term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(9), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Section 6102(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``(a) Distribution Rule.-- ``(1) In general.--Except as provided in paragraph (2), from the sums made available each year to carry out this title, the State educational agency shall distribute not less than 90 percent to local educational agencies within such State according to the relative enrollments in public and private, nonprofit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- ``(A) children living in areas with high concentrations of low-income families; ``(B) children from low-income families; and ``(C) children living in sparsely populated areas. ``(2) Exception.--A State that has enacted or will enact a law that establishes a voluntary public and private parental choice program and that complies with the provisions of section 6301(b)(9) may reserve an additional 15 percent from the sums made available each year to carry out this title if the additional amount reserved is used exclusively for voluntary public and private parental choice programs.''. SEC. 4. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(9); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (8) the following: ``(9) voluntary public and private parental choice programs that-- ``(A) are located in an area that has the greatest numbers or percentages of children-- ``(i) living in areas with a high concentration of low-income families; ``(ii) from low-income families; or ``(iii) living in sparsely populated areas; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school that chooses to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 5. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to a State or local educational agency that uses funds to establish a voluntary public and private parental choice program in accordance with section 6301(b)(9).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(9). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(9) in accordance with the evaluation criteria described in subsection (b). ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(9). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(9) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(9); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) Not Income.--For purposes of Federal tax laws or for determining eligibility for any other Federal program, a voluntary public and private parental choice scholarship provided under this title shall not be treated as income or assistance to the student or the parents of such student. ``(c) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(9).''.

Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents.

Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Commission Review Act''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001 (referred to as the ``9/11 Review Commission''). SEC. 3. PURPOSES OF THE 9/11 REVIEW COMMISSION. The 9/11 Review Commission shall conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States (commonly known as the ``9/11 Commission''), as established pursuant to section 601 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306). The review of the 9/11 Review Commission shall-- (1) assess the progress and challenges in carrying out the recommendations of the 9/11 Commission, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure implemented since the attacks of September 11, 2001; (2) analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic radicalization and its causes, and recommendations on how Federal, State, and local agencies can deter and mitigate such radicalization; (3) investigate whether there exists evidence that was not considered by the 9/11 Commission of any conduct, relationships, or other factors which served in any manner to contribute to, facilitate, support, or assist the hijackers who carried out the terrorist attacks of September 11, 2001; and (4) provide additional recommendations with regard to protecting United States homeland security, ensuring interagency intelligence sharing, and other matters relating to counterterrorism policy. SEC. 4. COMPOSITION OF THE 9/11 REVIEW COMMISSION. The 9/11 Review Commission shall be composed of a chairman, to be appointed by the Speaker of the House of Representatives, and a vice chairman, to be appointed by the Majority Leader of the Senate. SEC. 5. AUTHORITY OF 9/11 REVIEW COMMISSION. (a) Hearings and Evidence.--The 9/11 Review Commission, or any panel acting on the authority of the 9/11 Review Commission, may-- (1) hold hearings, take testimony, receive evidence, and administer oaths; and (2) subject to subsection (b)(1), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, electronic communications, papers, and documents, as the 9/11 Review Commission or such designated panel may determine advisable. (b) Subpoena Authority.-- (1) Issuance.--Upon the agreement of the chairman and the vice chairman, the chairman may issue a subpoena to compel the production of documents or sworn testimony. (2) Process.--Subpoenas issued pursuant to this subsection shall be signed by the chairman or any person designated by the chairman, and may be served by any person designated by the chairman. (3) Enforcement.-- (A) In general.--In the event that any person fails to obey a subpoena issued pursuant to paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any person failing to obey the order of the court may be held in contempt of the court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the chairman may certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194). (c) Information From Federal Agencies.-- (1) In general.--The 9/11 Review Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the 9/11 Review Commission, upon request made by the chairman or the vice chairman. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by the 9/11 Review Commission, including its staff, in accordance with all applicable statutes, regulations, and Executive orders. (d) Advisory Panels.--The chairman may establish advisory panels composed of individuals, including such experts as the chairman determines appropriate, who may undertake investigations, evaluate evidence, make findings, and provide recommendations to the 9/11 Review Commission. (e) Contracting.--The 9/11 Review Commission may, to such extent and in such amounts as are provided in by appropriations, enter into contracts to enable the Commission to discharge its duties under this title. (f) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the 9/11 Review Commission, on a reimbursable basis, administrative support and other services for the performance of the 9/11 Review Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), the heads of Federal departments and agencies may provide to the 9/11 Review Commission such services, funds, facilities, staff, and other support services as such heads may determine advisable and as may be authorized by law. (g) Postal Services.--The 9/11 Review Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. SEC. 6. COMPENSATION. The chairman and vice chairman of the 9/11 Review Commission may receive compensation in an amount not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the chairman or vice chairman, as the case may be, is engaged in the actual performance of the duties of the 9/11 Review Commission. SEC. 7. APPOINTMENT OF STAFF. (a) In General.--The chairman, in consultation with the vice chairman and in accord with any rule agreed upon by the 9/11 Review Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the 9/11 Review Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the 9/11 Review Commission, members and staff of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (c) Staff as Federal Employees.-- (1) In general.--Any staff receiving compensation under this section shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of commission.--Paragraph (1) shall not be construed to apply to the chairman or vice chairman. (d) Detailees.--Any Federal Government employee may be detailed to the 9/11 Review Commission without reimbursement from the 9/11 Review Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Consultant Services.--The 9/11 Review Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall provide to the 9/11 Review Commission, to the extent possible, personnel with appropriate security clearances. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 9/11 Review Commission. (b) Public Meetings and Release of Public Versions of Reports.--The 9/11 Review Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (c) Public Hearings.--Any public hearings of the 9/11 Review Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the 9/11 Review Commission as required by any applicable statute, regulation, or Executive order. SEC. 10. REPORTS OF 9/11 REVIEW COMMISSION. (a) Interim Reports.--The 9/11 Review Commission may submit to the President and provide to Congress interim reports containing its findings, conclusions, and recommendations, and may submit with such reports any classified annexes. (b) Final Report.--Not later than 12 months after the date of the enactment of this Act, the 9/11 Review Commission shall submit to the President and appropriate congressional committees (as such term is defined in section 101 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a final report, together with a classified annex if such is determined appropriate, containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by the chairman and vice chairman. (c) Termination.-- (1) In general.--The 9/11 Review Commission, and all the authorities of this Act, shall terminate 30 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The 9/11 Review Commission may use the 30-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (b) Duration of Availability.--Amounts made available to the 9/11 Review Commission under this section shall remain available until the termination of the 9/11 Review Commission.

9/11 Commission Review Act - Establishes in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001. Directs the Commission to conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) and to: (1) assess the progress and challenges in carrying out such recommendations; (2) analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic radicalization and how federal, state, and local agencies can deter and mitigate it; (3) investigate whether there is evidence of any conduct, relationships, or other factors which served to contribute to, facilitate, support, or assist the hijackers who carried out the attacks that was not considered by the 9/11 Commission; and (4) provide additional recommendations with regard to U.S. homeland security protection, interagency intelligence sharing, and counterterrorism policy.

To establish a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Site Public Health Improvement Act''. SEC. 2. PUBLIC HEALTH AT NPL FACILITIES. Section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(6)) is amended as follows: (1) By amending subparagraph (A) to read as follows: ``(A) The Administrator of ATSDR shall perform a health assessment for each facility, including those facilities owned by any department, agency, or instrumentality of the United States, on the National Priorities List established under section 105. The health assessment shall be commenced as soon as practicable after each facility is proposed for inclusion on the National Priorities List and shall be completed not later than the date of issuance of a remedial investigation and feasibility study for the facility to allow full consideration in selecting the remedial action of the public health implications of any release.''. (2) By amending subparagraph (D) to read as follows: ``(D)(i) The Administrator and the Administrator of ATSDR shall develop strategies to obtain relevant on-site and off-site characterization data for use in a health assessment. The Administrator shall, to the maximum extent practicable, provide the Administrator of ATSDR with the data and information necessary to make health assessments sufficiently prior to the initiation of remedial actions to allow ATSDR to complete these assessments. Where deemed appropriate, the Administrator of ATSDR shall provide to the Administrator as soon as practicable after site discovery, recommendations for sampling environmental media for hazardous substances of public health concern. To the extent feasible, the Administrator shall incorporate such recommendations into its site investigation activities. ``(ii) In order to improve community involvement in health assessments, the Administrator of ATSDR shall carry out each of the following duties: ``(I) The Administrator of ATSDR shall actively collect data from residents of affected communities and from other sources in communities affected or potentially affected by releases of hazardous substances, pollutants, or contaminants regarding exposure, relevant human activities, and other factors. ``(II) The Administrator of ATSDR shall design health assessments that take into account the needs and conditions of the affected community. Community-based research models, building links to local expertise, and local health resources should be used. Each affected community shall be permitted to play an active and early role in reviewing health assessment designs. In preparing such designs, emphasis shall be placed on collection of actual exposure data and sources of multiple exposure shall be considered.''. SEC. 3. HEALTH STUDIES. Subparagraph (A) of section 104(i)(7) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(7)) is amended to read as follows: ``(A) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of a health assessment or on the basis of other appropriate information, the Administrator of ATSDR shall conduct a human health study of exposure or other health effects for selected groups or individuals in order to determine the desirability of conducting full scale epidemiologic or other health studies of the entire exposed population.''. SEC. 4. DISTRIBUTION OF MATERIALS TO HEALTH PROFESSIONALS AND MEDICAL CENTERS. Paragraph (14) of section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)) is amended to read as follows: ``(14) In implementing this subsection and other health-related provisions of this Act in cooperation with the States, the Administrator of ATSDR shall-- ``(A) assemble, develop as necessary, and distribute to the States, medical colleges, physicians, nursing institutions, nurses, and other health professionals and medical centers, appropriate educational materials (including short courses) on the medical surveillance, screening, and methods of prevention, diagnosis, and treatment of injury or disease related to exposure to hazardous substances (giving priority to those listed in paragraph (2)), through means the Administrator of ATSDR considers appropriate; and ``(B) assemble, develop as necessary, and distribute to the general public and to at-risk populations appropriate educational materials and other information on human health effects of hazardous substances.''. SEC. 5. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES. Section 104(i)(15) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 6904(i)(15)) is amended as follows: (1) By inserting ``(A)'' before ``The activities''. (2) In the first sentence, by striking ``cooperative agreements with States (or political subdivisions thereof)'' and inserting ``grants, cooperative agreements, or contracts with States (or political subdivisions thereof), other appropriate public authorities, public or private institutions, colleges, universities, and professional associations giving consideration to those colleges and universities that are historically black colleges and universities and to other educational institutions that primarily serve minorities or represent the interests of affected communities''. (3) By adding at the end the following new subparagraphs: ``(B) When a health assessment is conducted at a facility on the National Priorities List, or a release is being evaluated for inclusion on the National Priorities List, the Administrator of ATSDR may provide the assistance specified in this paragraph to public or private nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release of hazardous substances in the environment. ``(C) The Administrator of the Agency for Toxic Substances and Disease Registry, pursuant to the grants, cooperative agreements and contracts referred to in this paragraph, is authorized and directed to provide, where appropriate, health services to communities affected by the release of hazardous substances. Such health services may include diagnostic services, specialized treatment, health data registries and preventative public health education.''. SEC. 6. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS. Section 121(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended in the first sentence by inserting after ``remedial action'' the second time it appears the following: ``, including public health recommendations and decisions resulting from activities under section 104(i),''.

Superfund Site Public Health Improvement Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include U.S. Government facilities on the National Priorities List (NPL) among those requiring a health assessment by the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR). Requires all health assessments to be commenced as soon as practicable after proposal for inclusion on the NPL and to be completed no later than the date of issuance of a remedial investigation and feasibility study. Directs the Administrator of the Environmental Protection Agency (EPA) and the ATSDR Administrator to develop strategies to obtain characterization data for use in health assessments. Requires the EPA Administrator to provide data sufficiently prior to initiation of remedial actions to allow ATSDR to complete its assessments and requires the ATSDR Administrator, where appropriate, to provide EPA as soon as practicable after site discovery with recommendations for sampling environmental media for hazardous substances of public health concern. Directs the ATSDR Administrator to improve community involvement in health assessments by: (1) collecting data from residents of affected communities and other sources in communities affected or potentially affected by hazardous substances, pollutants, or contaminants; and (2) designing assessments that take into account the needs and conditions of the community and permitting affected communities to play an active and early role in reviewing assessment designs. Directs the ATSDR Administrator to include other appropriate information (in addition to health assessment results) as a basis for conducting human health studies of exposure or other health effects in order to determine whether to conduct full-scale epidemiological or other health studies of the exposed population. Revises provisions regarding distribution by ATSDR of educational materials concerning hazardous substance exposure to health professionals and medical centers to: (1) include nursing institutions and nurses as recipients of such materials; (2) add materials on methods of prevention; and (3) require distribution to the general public and at-risk populations of such materials and other information. Authorizes the ATSDR Administrator, in addition to using cooperative agreements, to carry out activities through grants to or contracts with States and political subdivisions, other public authorities, institutions, colleges, universities, and professional associations, giving consideration to historically black colleges and other educational institutions that primarily serve minorities or represent the interests of affected communities. Authorizes assistance, when a health assessment is conducted at a facility on the NPL or a release is being evaluated for inclusion on such list, to public and nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release. Authorizes and directs the provision of health services to affected communities. Requires the President to add to the review at least every five years of remedial actions that result in a site remaining contaminated a review of public health recommendations and decisions resulting from ATSDR activities.

Superfund Site Public Health Improvement Act

TITLE I--RETAILER INTEGRITY authority to establish authorization periods Sec. 101. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following new sentence: ``The Secretary is authorized to issue regulations establishing specific time periods during which authorization to accept and redeem coupons under the Food Stamp Program shall be valid.''. specific period for prohibiting participation of stores based on lack of business integrity Sec. 102. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)), as previously amended by this Act, is amended by adding at the end thereof the following new sentences: ``The Secretary is authorized to issue regulations establishing specific time periods during which a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied or that has such an approval withdrawn on the basis of business integrity and reputation cannot submit a new application for approval. Such periods shall reflect the severity of business integrity infractions that are the basis of such denials or withdrawals.''. information for verifying eligibility for authorization Sec. 103. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended by-- (1) inserting after ``submit information'' in the first sentence the following: ``, which may include relevant income and sales tax filing documents,''; and (2) inserting after the first sentence the following new sentence: ``The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources in order that the accuracy of information provided by such stores and concerns may be verified.''. waiting period for stores that initially fail to meet authorization criteria Sec. 104. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end thereof the following new sentence: ``Regulations issued pursuant to this Act shall prohibit a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied because it does not meet criteria for approval established by the Secretary in regulations from submitting a new application for six months from the date of such denial.''. bases for suspensions and disqualifications Sec. 105. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end thereof the following new sentence: ``Regulations issued pursuant to this Act shall provide criteria for the finding of violations and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence which may include, but is not limited to, facts established through on-site investigations, inconsistent redemption data or evidence obtained through transaction reports under electronic benefit transfer systems.''. authority to suspend stores violating program requirements pending administrative and judicial review Sec. 106. (a) Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)), as previously amended by this Act, is amended by adding at the end thereof the following new sentences: ``Such regulations may establish criteria under which the authorization of a retail food store or wholesale food concern to accept and redeem coupons may be suspended at the time such store or concern is initially found to have committed violations of program requirements. Such suspension may coincide with the period of a review as provided in section 14 of this Act. The Secretary shall not be liable for the value of any sales lost during any suspension or disqualification period.''. (b) Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended by-- (1) inserting in the first sentence immediately before ``disqualified or subjected'' the word ``suspended,''; (2) inserting immediately before the period at the end of the fifth sentence ``: Provided, That notwithstanding any other provision of law, in the case of the suspension of a retail food store or wholesale food concern pursuant to section 12(a) of this Act, such suspension shall remain in effect pending any administrative or judicial review of the proposed disqualification action and the period of suspension shall be deemed a part of any period of disqualification which is imposed.''; and (3) striking the last sentence. disqualification of retailers who are disqualified from the wic program Sec. 107. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding the following new subsection: ``(g) The Secretary shall issue regulations providing criteria for the disqualification of approved retail food stores and wholesale food concerns that are otherwise disqualified from accepting benefits under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized under section 17 of the Child Nutrition Act of 1966. Such disqualification (1) shall be for the same period as the disqualification from the WIC Program, (2) may begin at a later date, and (3) notwithstanding the provisions of section 14 of this Act, shall not be subject to administrative or judicial review.''. permanent debarment of retailers who intentionally submit falsified applications Sec. 108. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding the following new subsection: ``(h) The Secretary shall issue regulations providing for the permanent disqualification of a retail food store or wholesale food concern that is determined to have knowingly submitted an application for approval to accept and redeem coupons which contains false information about one or more substantive matters which were the basis for providing approval. Any disqualification imposed under this subsection shall be subject to administrative and judicial review pursuant to section 14 of this Act but such disqualification shall remain in effect pending such review.''. expanded civil and criminal forfeiture for violations of the food stamp act Sec. 109. (a) Forfeiture of Items Exchanged in Food Stamp Trafficking.--Section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking ``or intended to be furnished.'' (b) Civil and Criminal Forfeiture.--Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024)) is amended by adding the following new subsection: ``(h)(1) Civil Forfeiture for Food Stamp Benefit Violations.-- ``(A) Any food stamp benefits and any property, real or personal-- ``(i) constituting, derived from, or traceable to any proceeds obtained directly or indirectly from, or ``(ii) used, or intended to be used, to commit, or to facilitate, the commission of a violation of subsection (b) or subsection (c) of this section involving food stamp benefits having an aggregate value of not less than $5,000, shall be subject to forfeiture to the United States. ``(B) The provisions of chapter 46 of title 18, relating to civil forfeitures shall extend to a seizure or forfeiture under this subsection, insofar as applicable and not inconsistent with the provisions of this subsection. ``(2) Criminal Forfeiture for Food Stamp Benefit Violations.-- ``(A)(i) Any person convicted of violating subsection (b) or subsection (c) of this section involving food stamp benefits having an aggregate value of not less than $5,000, shall forfeit to the United States, irrespective of any State law-- ``(I) any food stamp benefits and any property constituting, or derived from, or traceable to any proceeds such person obtained directly or indirectly as a result of such violation; and ``(II) any food stamp benefits and any of such person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation. ``(ii) In imposing sentence on such person, the court shall order that the person forfeit to the United States all property described in this subsection. ``(B) All food stamp benefits and any property subject to forfeiture under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding relating thereto, shall be governed by subsections (b), (c), (e), and (g) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), insofar as applicable and not inconsistent with the provisions of this subsection. ``(3) This subsection shall not apply to property specified in subsection (g) of this section. ``(4) The Secretary may prescribe such rules and regulations as may be necessary to carry out this subsection.''. expanded authority for sharing information provided by retailers Sec. 110. (a) Section 205(c)(2)(C)(iii) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(iii)) (as amended by section 316(a) of the Social Security Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) is amended by-- (1) inserting in the first sentence of subclause (II) immediately after ``instrumentality of the United States'' the following: ``, or State government officers and employees with law enforcement or investigative responsibilities, or State agencies that have the responsibility for administering the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)''; (2) inserting in the last sentence of subclause (II) immediately after ``other Federal'' the words ``or State''; and (3) inserting ``or a State'' in subclause (III) immediately after ``United States''. (b) Section 6109(f)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6109(f)(2)) (as added by section 316(b) of the Social Security Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) is amended by-- (1) inserting in subparagraph (A) immediately after ``instrumentality of the United States'' the following: ``, or State government officers and employees with law enforcement or investigative responsibilities, or State agencies that have the responsibility for administering the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)''; (2) inserting in the last sentence of subparagraph (A) immediately following ``other Federal'' the words ``or State''; and (3) inserting ``or a State'' in subparagraph (B) immediately after ``United States''. expanded definition of ``coupon'' Sec. 111. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking ``or type of certificate'' and inserting in lieu thereof ``type of certificate, authorization cards, cash or checks issued in lieu of coupons or access devices, including, but not limited to, electronic benefit transfer cards and personal identification numbers''. TITLE II--RECIPIENT INTEGRITY doubled penalties for violating food stamp program requirements Sec. 201. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended by-- (1) striking in clause (i) ``six months'' and inserting in lieu thereof ``1 year''; and (2) striking in clause (ii) ``1 year'' and inserting in lieu thereof ``2 years''. mandatory claims collection methods Sec. 202. (a) Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended by inserting before the semi-colon at the end thereof the following: ``or refunds of Federal taxes as authorized pursuant to 31 U.S.C. 3720A''. (b) Section 13(d) of the Food Stamp Act of 1977 (7 U.S.C. 2022(d)) is amended by-- (1) striking ``may'' and inserting in lieu thereof ``shall''; and (2) inserting before the period at the end thereof the following: ``or refunds of Federal taxes as authorized pursuant to 31 U.S.C. 3720A''. (c) Section 6103(1) of the Internal Revenue Code (26 U.S.C. 6103(1)) is amended by-- (1) striking ``officers and employees'' in paragraph (10)(A) and inserting in lieu thereof ``officers, employees or agents, including State agencies''; and (2) striking ``officers and employees'' in paragraph (10)(B) and inserting in lieu thereof ``officers, employees or agents, including State agencies''. (d) The provisions of this section shall be effective October 1, 1995. TITLE III--IMPLEMENTATION AND EFFECTIVE DATES Sec. 301. Except as otherwise provided in this Act, the provisions of this Act shall become effective and be implemented on the date of enactment.

TABLE OF CONTENTS: Title I: Retailer Integrity Title II: Recipient Integrity Title III: Implementation and Effective Dates Title I: Retailer Integrity - Amends the Food Stamp Act of 1977 to authorize the Secretary of Agriculture (Secretary) to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for food stamp program (program) participation; and (2) prohibition of program participation based on lack of business integrity. (Sec. 103) Includes income and sales tax information among the types of eligibility verification information which may be requested. (Sec. 104) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 106) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 107) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 108) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 109) Expands civil and criminal forfeiture for specified violations of the Act. (Sec. 110) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. (Sec. 111) Amends the Act to expand the definition of "coupon." Title II: Recipient Integrity - Amends the Act to increase ineligibility penalties for program violations. (Sec. 202) Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. Title III: Implementation and Effective Dates - Makes the provisions of this Act effective upon enactment unless otherwise provided for.

Entitled "Food Stamp Program Integrity Act of 1995".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crisis Investigation Act of 2009''. SEC. 2. EXPANDING THE AUTHORITY OF THE TARP CONGRESSIONAL OVERSIGHT PANEL. Section 125 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5233) is amended by adding at the end the following: ``(h) Additional Duties.--The Oversight Panel shall-- ``(1) investigate all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; ``(2) investigate the role in the financial and economic crisis, if any, of-- ``(A) any financial or commercial corporation, partnership, hedge fund, private equity firm, or entity, including any of their employees; ``(B) the Securities and Exchange Commission; ``(C) nationally recognized statistical rating organizations, as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) including any of their employees; ``(D) the Commodity Futures Trading Commission; ``(E) the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; ``(F) trading facilities for commodities, as those terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a), and self-regulatory organizations, as that term is defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c); ``(G) the Federal banking agencies, as that term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(H) any other governmental or nongovernmental entity including any of their employees; ``(3) conduct a top-to-bottom review of the Nation's existing financial regulatory structure and the contribution of the current structure to the stability or instability of financial markets, in order to develop a comprehensive framework for-- ``(A) reforming the laws governing our Nation's financial markets; ``(B) strengthening regulatory agencies; and ``(C) improving transparency and oversight; ``(4) analyze-- ``(A) the impact of the financial regulatory structure on the health and stability of the United States economy; ``(B) the sustainability of the Nation's financial institutions; and ``(C) the financial well-being of American taxpayers; ``(5) review and consider all aspects of financial regulation, including the regulation of-- ``(A) bank holding companies, financial holding companies, commercial banks, investment banks, savings associations, credit unions, and industrial loan companies; ``(B) payment and settlement systems; ``(C) hedge funds, private equity funds, and the markets for alternative investments; ``(D) special purpose vehicles and off-balance sheet financing for financial companies; ``(E) the securitization of mortgages and other assets; ``(F) exchange-based, electronic, and over-the- counter markets for financial derivative products; ``(G) the mortgage finance industry, including mortgage brokers and mortgage lending institutions; ``(H) equity markets, including short-selling practices, and commodity futures markets; and ``(I) the insurance industry and its role in the financial markets; ``(6) submit reports required by subsection (b); and ``(7) refer to the Attorney General of the United States, any appropriate State attorney general, or any other appropriate law enforcement official any person that the Oversight Panel finds may have violated the laws of the United States in relation to such crisis. ``(i) Hearings and Evidence.-- ``(1) In general.--The Oversight Panel shall, for purposes of carrying out this section-- ``(A) hold regular hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and ``(B) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and other documents. ``(2) Subpoenas.-- ``(A) Service.--Subpoenas issued under paragraph (1)(B) may be served by any person designated by the Oversight Panel. ``(B) Enforcement.-- ``(i) In general.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(B), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. ``(ii) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. ``(3) Contracting.--The Oversight Panel may enter into contracts to enable the Oversight Panel to discharge its duties under this section. ``(4) Information from federal agencies.--The Oversight Panel may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Oversight Panel conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Oversight Panel upon request, not later than 7 days after the date on which such request is made. ``(5) Information from financial or commercial corporations, partnerships, hedge funds, private equity firms, or entities.--The Oversight Panel may secure directly from any financial or commercial corporations, partnerships, hedge funds, private equity firms, or entities any information related to any inquiry of the Oversight Panel conducted under this section. Each shall, to the extent authorized by law, furnish such information directly to the Oversight Panel upon request not later than 7 days after the date on which such request is made. ``(6) Assistance from federal agencies.-- ``(A) Department of the treasury.-- ``(i) In general.--The Secretary shall provide all amounts necessary to defray the costs and provide administrative support and other services to the Oversight Panel for the performance of the functions of the Oversight Panel. ``(ii) Limitation.--The value of the assistance required to be provided by the Secretary under this subparagraph may not exceed $4,000,000. ``(B) Other departments and agencies.--In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States are authorized to provide to the Oversight Panel such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. ``(7) Gifts.--The Oversight Panel may accept, use, and dispose of gifts or donations of services or property. ``(8) Postal services.--The Oversight Panel may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. ``(9) Powers of subcommittees, members, and agents.--Any subcommittee, member, or agent of the Oversight Panel may, if authorized by the Oversight Panel, take any action which the Oversight Panel is authorized to take by this section.''. SEC. 3. REPORTS OF THE OVERSIGHT PANEL. Section 125(b) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5233(b)) is amended by adding at the end the following: ``(3) Final report on financial crisis.--Not later than 100 days after the date of enactment of this paragraph, the Oversight Panel shall submit to the President and Congress a report containing-- ``(A) the findings and conclusions of the Oversight Panel on the causes of the current financial and economic crisis in the United States; and ``(B) such findings, conclusions, and recommendations for statutory and regulatory changes as a majority of Oversight Panel members finds are necessary to prevent a financial and economic crisis comparable to the current financial and economic crisis in the United States. ``(4) Interim reports.--At any time after the first meeting of the Oversight Panel, the Oversight Panel may submit to the President and Congress an interim report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Oversight Panel members.''.

Financial Crisis Investigation Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Oversight Panel of the Troubled Asset Relief Program (TARP) to: (1) investigate all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; (2) investigate the role in the financial and economic crisis, if any, of specified governmental and private sector entities; (3) review the nation's existing financial regulatory structure from top to bottom, and its contribution to the stability or instability of financial markets; (4) review all aspects of financial regulation; and (5) refer to federal and state law enforcement officials any person that the Oversight Panel finds may have violated federal law in relation to such crisis. Requires the Oversight Panel to report its findings, conclusions, and recommendations to the President and Congress.

A bill to expand the authority and responsibilities of the Oversight Panel of the Troubled Asset Relief Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Affordability Act of 2016''. SEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT. (a) National Drinking Water Regulations.--Section 1412(b)(9) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking the last sentence and inserting ``Any revision of a national primary drinking water regulation shall be promulgated in accordance with this section, including paragraphs (3) through (6) of this subsection.'' (b) Enforcement of Drinking Water Regulations.--Section 1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(h)(1)(C)) is amended by inserting ``or management'' after ``the transfer of ownership''. (c) State Revolving Loan Funds.-- (1) Assistance for disadvantaged communities.--Section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(d)(2)) is amended by striking ``30'' and inserting ``35''. (2) Types of assistance.--Section 1452(f)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended-- (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) each loan will be fully amortized not later than 30 years after the completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)) a State may provide an extended term for a loan, if the extended term-- ``(i) terminates not later than the date that is 40 years after the date of project completion; and ``(ii) does not exceed the expected design life of the project;''; and (C) in subparagraph (B), by striking ``1 year after completion of the project for which the loan was made'' and all that follows through ``design life of the project;'' and inserting ``18 months after completion of the project for which the loan was made;''. (3) Administration of state loan funds.--Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)(2)) is amended-- (A) in subparagraph (D), by striking the comma and inserting a period; and (B) in the matter following subparagraph (D), by striking ``if the State matches'' through ``fiscal year 1993.''. (4) Other authorized activities.--Section 1452(k)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking ``for fiscal years 1996 and 1997'' and all that follows through the period at the end and inserting ``for fiscal years 2018 through 2024 to delineate, assess, update assessments, and undertake implementation activities with respect to source water protection areas in accordance with the requirements of a program approved under section 1453, excluding any activity required to be conducted under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).''. (d) Exemption From Federal Cross-Cutting Requirements.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section: ``SEC. 1459A. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS. ``Notwithstanding any other provision of law, the Administrator shall exempt a public water system that receives financial assistance pursuant to section 1452 from a Federal cross-cutting requirement if the Administrator determines that the State in which the public water system is located has in effect a requirement which is as stringent as the Federal cross-cutting requirement.''. (e) Definition of Federal Cross-Cutting Requirement.--Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following new paragraph: ``(17) Federal cross-cutting requirement.--The term `Federal cross-cutting requirement' means a requirement of a Federal law or regulation, compliance with which is a condition on receipt of a loan or grant under this title, that, if applied to projects and activities receiving such financial assistance, would be redundant with a requirement of an applicable State or local law.''. SEC. 3. REPORT. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report containing-- (1) the results of a study of cost-effective and economically feasible rehabilitation or replacement of drinking water infrastructure to meet the goals of the Safe Drinking Water Act; and (2) an assessment of barriers that preclude communities from using materials and technologies studied pursuant to paragraph (1).

Drinking Water Affordability Act of 2016 This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency maintain, or provide greater, protection of human health when revising those regulations; extending the repayment schedule for loans from the drinking water state revolving funds (SRF); removing certain SRF matching fund requirement for states; authorizing states to protect public drinking water source areas; and removing federal reporting requirements if state or local requirements are at least equally stringent as federal requirements.

Drinking Water Affordability Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Economic and Environmental Priorities Act of 1994''. SEC. 2. ECONOMIC IMPACT ANALYSES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other provision of this Act, an officer or employee of a Federal agency shall not implement or enforce a designation, regulation, or recovery plan described in subparagraph (B) unless-- ``(i) the Secretary has prepared an economic impact analysis under this subsection with respect to the designation, regulation, or recovery plan; ``(ii) the Secretary determines, based on that analysis, that the benefits of that designation, regulation, or recovery plan outweigh the costs of that act; and ``(iii) the Secretary has published an economic impact statement describing the findings of that analysis. ``(B) The designation, regulations, and recovery plans referred to in subparagraph (A) are the following: ``(i) A designation of critical habitat under subsection (a)(2). ``(ii) A protective regulation issued under subsection (d). ``(iii) A recovery plan developed under subsection (f). ``(2)(A) The Secretary shall perform an economic impact analysis in accordance with this paragraph with respect to each designation, regulation, and recovery plan described in paragraph (1)(B). ``(B) An economic impact analysis under this paragraph shall include determination of the following: ``(i) The economic consequences of implementing and enforcing the designation, regulation, or recovery plan, including the aggregate statistical data which indicates-- ``(I) identifiable and potential job losses or diminishments resulting from that implementation and enforcement, ``(II) identifiable losses or diminishments in the value of real property resulting from that implementation and enforcement, and ``(III) losses or diminishments in the value of business enterprises resulting from that implementation and enforcement. ``(ii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on tax revenues received by the Federal Government or by State and local governments, including any revenue losses attributable to losses or diminishments in value described in clause (i). ``(iii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on outlays by Federal, State, and local governments, including-- ``(I) effects on payments made pursuant to subsection (l), and ``(II) effects on expenditures required for unemployment compensation, aid to families with dependent children under part A of title IV of the Social Security Act, medicaid under title XIX of the Social Security Act, and other Federal, State, and local government programs. ``(iv) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on the competitive position of any individual business enterprise or aggregate industry affected by that action, determined jointly with the Secretary of Commerce. ``(v) The ecological and economic impacts of the extinction of any species that implementation and enforcement is intended to prevent. ``(vi) Any other potential economic, budgetary, or ecological effects that the Secretary considers appropriate. ``(3) The Secretary shall determine, based on the analysis performed under paragraph (2), whether the costs of implementing and enforcing a designation, regulation, or recovery plan described in paragraph (1)(B) outweigh the benefits of that implementation and enforcement.''. SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), as amended by section 2, is amended by adding at the end the following: ``(k) Limitation of Losses Caused by Listing Species as Endangered Species or Threatened Species.--In implementing this Act with respect to an endangered species or threatened species included in a list published under subsection (c), the Secretary shall limit economic losses incurred by persons as a result of that implementation. ``(l) Compensation for Losses and Diminishments in Value.--(1) The Secretary shall pay to any person who incurs an economic loss as a result of a species being included in a list of endangered species or threatened species published under this section the amount of that loss, including-- ``(A) any diminishment in the value of tangible or intangible property, and ``(B) any loss resulting from the loss or diminishment of a job. ``(2) The Secretary shall issue regulations establishing procedures for obtaining payments under this subsection. ``(3) A person may not recover any amount under this subsection for any de minimis or wholly speculative loss. ``(4) Any denial by the Secretary of an application for payment under this subsection may be appealed in the appropriate Federal district court of the United States, including any determination by the Secretary that a person is ineligible for payment by reason of paragraph (3). ``(5) A person (including any State or local governmental entity) may intervene in any proceeding under this subsection for the purpose of assisting the Secretary in issuing payments under this subsection.''. SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED SPECIES LIST. (a) Approval Requirement.--Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the following: ``(3) Congressional approval required.--An addition of a species to the list of threatened or endangered species that is maintained under this subsection shall not be effective before the date of the enactment of an Act of Congress that approves that addition.''. (b) Application.--The amendment made by subsection (a) shall apply to additions after the date of the enactment of this Act to the list of threatened or endangered species. SEC. 5. IMPLEMENTATION. (a) Effective Date.--The amendments made by sections 2 and 3 shall be effective January 1, 1986. (b) Review of Prior Listings.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall-- (1) review each addition on or after January 1, 1986, of a species to a list of endangered species or threatened species published under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); (2) prepare with respect to each species so added an economic impact analysis and economic impact statement in accordance with the amendments made by this Act; and (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication, the implementation and enforcement of which is prohibited by the amendments made by this Act. (c) Compensation for Losses.--A person may not be paid under section 4(l) of the Endangered Species Act of 1973, as amended by this Act, for any loss incurred as a result of a species being added to a list of endangered species or threatened species published under that Act during the period beginning January 1, 1986, and ending on the date of the enactment of this Act, except for losses incurred as a result of the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under subsection (b)(3) of this Act.

Balanced Economic and Environmental Priorities Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit a Federal officer or employee from implementing or enforcing a designation of critical habitat, an issued protective regulation, or a developed recovery plan under such Act unless the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested): (1) prepares an economic impact analysis with respect to such designation, regulation, or recovery plan; (2) determines that the benefits of it outweigh the costs of it; and (3) publishes an economic impact statement describing the findings of the analysis. Establishes guidelines for such economic impact analysis. Directs the Secretary to: (1) limit economic losses incurred by persons caused by listing species as endangered or threatened; and (2) compensate such persons for any diminishments in the value of tangible or intangible property, and in the loss or diminishment of a job. Requires congressional approval of any additions to the endangered species list. Directs the Secretary of the Interior to: (1) review endangered or threatened species added on or after such date to a published list of endangered or threatened species under the Endangered Species Act of 1973; (2) prepare an economic impact analysis and statement with respect to them; and (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication (the implementation and enforcement of which is prohibited by the amendments made by this Act). Prohibits a person from being paid for any loss incurred by species being added to a list of endangered species or threatened species published under the Endangered Species Act of 1973 during the period beginning January 1, 1986, and ending on the enactment of this Act, except for losses resulting from the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under this Act.

Balanced Economic and Environmental Priorities Act of 1994

SECTION 1. ENERGY-RELATED RESEARCH AND DEVELOPMENT. (a) Findings.--Congress finds that-- (1) information and opinions provided by individuals and entities of the academic and industrial sectors should be an important consideration with respect to energy-related research and development activities carried out by the Federal Government; (2) in carrying out energy-related research and development activities, the Federal Government should regularly seek input from multiple sources, including the industrial sector, academia, and other relevant sectors; (3) research is better focused around well-defined problems that need to be resolved; (4) a number of potential problems to be resolved are likely to require input from a diverse selection of technologies and contributing sectors; (5) sharing of information relating to energy research and development is important to the development and innovation of energy technologies; (6) necessary intellectual property protection can lead to delays in sharing valuable information that could aid in resolving major energy-related problems; (7) the Federal Government should facilitate the sharing of information from a diverse array of industries by ensuring the protection of intellectual property while simultaneously creating an environment of openness and cooperation; and (8) the Federal Government should revise the methods of the Federal Government regarding energy-related research and development to encourage faster development and implementation of energy technologies. (b) Definitions.--In this section: (1) Network.--The term ``network'' means the Energy Technologies Innovation Network established by subsection (d)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Survey.--The term ``survey'' means a survey conducted pursuant to subsection (c). (c) Energy-Related Research and Development Priorities.-- (1) In general.--Not less frequently than once every 5 years, the Secretary shall conduct a survey in accordance with this subsection to determine the 10 highest-priority energy- related problems to resolve to ensure the goals of-- (A) maximizing the energy security of the United States; (B) maximizing improvements in energy efficiency within the United States; and (C) minimizing damage to the economy and the environment of the United States. (2) Survey.-- (A) In general.--Each survey shall contain a request that the respondent shall list, in descending order of priority, the 10 highest-priority energy- related problems that, in the opinion of the respondent, require resolution as quickly as practicable to ensure the goals described in paragraph (1). (B) Announcement.--The Secretary shall announce the existence of each survey by-- (i) publishing an announcement in the Federal Register; and (ii) placing an announcement in a prominent position on the homepage of the website of the Department of the Energy. (C) Availability.--The Secretary shall ensure that each survey is made available-- (i) in an electronic format only through a link on the Department of Energy website; (ii) for a period of not less than 21 days and not more than 30 days; and (iii) to any individual or entity that elects to participate. (D) Additional information gathering.--Each survey-- (i) shall require each respondent to provide information regarding-- (I) the age of the respondent; (II) the occupational category of the respondent; (III) the period of time during which the respondent has held the current occupation of the respondent; and (IV) the State and country in which the respondent resides; and (ii) may request, but shall not require-- (I) the name of the respondent; (II) an identification of the employer of the respondent; (III) the electronic mail address of the respondent; and (IV) such other information as the Secretary determines to be appropriate. (E) Respondents.--The Secretary shall seek responses to a survey from appropriate representatives of-- (i) the energy, transportation, manufacturing, construction, mining, and electronic industries; (ii) academia; (iii) research facilities; (iv) nongovernmental organizations; (v) the Federal Government; and (vi) units of State and local government. (F) Nonpolitical requirement.--The Secretary shall ensure that each survey is conducted, to the maximum extent practicable-- (i) in a transparent, nonpolitical, and scientific manner; and (ii) without any political bias. (G) Report.--Not later than 180 days after the date on which a survey under this subsection is no longer available under subparagraph (C)(ii), the Secretary shall submit to Congress and make available to the public (including through publication in the Federal Register and on the website of the Department of Energy) a report that-- (i) describes the results of the survey; and (ii) includes a list of the 10 highest- priority energy-related problems based on all responses to the survey. (3) Effect of results on energy-related research and development.-- (A) In general.--Subject to subparagraph (B), on receipt of a report under paragraph (2)(G), the Secretary shall ensure that, during the 5-year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy are carried out for the purpose of resolving, to the maximum extent practicable, the 10 problems included on the list of the report under paragraph (2)(G)(ii). (B) Additional problems.--In addition to the activities described in subparagraph (A), during the 5- year period beginning on the date of receipt of a report under paragraph (2)(G), the Secretary may carry out, using the same quantity of resources as are allocated to any 1 energy-related problem included on the list of the report under paragraph (2)(G)(ii), energy-related research and development activities for the purpose of resolving, to the maximum extent practicable, 2 additional energy-related problems that-- (i) are not included on the list; and (ii) are high-priority energy-related problems, as determined by the Secretary. (d) Energy Technologies Innovation Network.-- (1) Establishment.--There is established an information and collaboration network, to be known as the ``Energy Technologies Innovation Network''. (2) Purpose.--The purpose of the network shall be to provide a forum through which interested parties (including scientists and entrepreneurs) can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. (3) Operation of network.-- (A) In general.--The Secretary shall offer to enter into a contract, after an open bidding process, with a third party to operate the network. (B) Requirements.--The third party selected under subparagraph (A) shall-- (i) have experience with respect to the establishment and maintenance of a comprehensive database of Federal research and development projects that is-- (I) easily searchable; (II) open to the public; and (III) capable of expansion; (ii) provide a secure electronic forum to enable collaboration among users of the network; and (iii) collaborate with the Secretary to protect the intellectual property rights of individual users and governmental agencies participating in the network in accordance with paragraph (6). (4) Required contributors.--Each research laboratory or other facility that receives Federal funding shall provide to the network the results of the research conducted using that funding, regardless of whether the research relates to energy, subject to the condition that revelation of the research will not adversely effect national security. (5) Other contributors.--Other entities, including entities in the academic and industrial sectors and individuals, may participate in the network to actively contribute to resolving-- (A) the energy-related problems included on the list of the report under subsection (c)(2)(G)(ii); or (B) any other energy-related problem that the contributor determines would advance the goals described in subsection (c)(1). (6) Protection of information and ideas.--In collaborating with a third party in operating the network under paragraph (3), the Secretary shall employ such individuals and entities with experience relating to-- (A) intellectual property as the Secretary determines to be necessary to ensure that-- (i) information and ideas presented, and discussed in the network are-- (I) monitored with respect to the intellectual property owners and components of the information or ideas; and (II) protected in accordance with applicable Federal intellectual property law (including regulations); (ii) information and ideas developed within the network are-- (I) monitored with respect to the intellectual property components of the developers of the information or ideas; and (II) protected in accordance with applicable Federal intellectual property law (including regulations); and (iii) contributors to the network are provided adequate assurances that intellectual property rights of the contributors will be protected with respect to participation in the network; (B) setting up, maintaining, and operating a network that ensures security and reliability. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Directs the Secretary of Energy to conduct a survey every five years to determine the 10 highest-priority energy-related problems to resolve to ensure the goals of: (1) maximizing U.S. energy security; (2) maximizing improvements in energy efficiency within the United States; and (3) minimizing damage to the domestic economy and the environment. Instructs the Secretary to: (1) report to Congress the survey results, including a list of the 10 highest-priority energy-related problems based on survey responses; and (2) ensure that, during the five year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy (DOE) are implemented for the purpose of resolving the problems listed. Establishes the Energy Technologies Innovation Network to provide a forum through which interested parties (including scientists and entrepreneurs) can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. Requires each research facility that receives federal funding to provide to the Network the results of the research conducted using that funding, regardless of whether the research relates to energy.

A bill to establish an energy technologies innovation network, and for other purposes.

SECTION 1. SHORT TITLE, REFERENCE. (a) Short Title.--This Act may be cited as the ``Public Health Pesticides Protection Act of 1993''. (b) Reference.--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 Federal Insecticide, Fungicide, and Rodenticide Act. SEC. 2. DEFINITIONS. (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended by adding at the end the following: ``The Administrator shall consider the risks and benefits of public health pesticides separate from the risks and benefits of other pesticides. In weighing any regulatory action concerning a public health pesticide under this Act, the Administrator shall weigh any risks of the pesticide against the health risks such as the diseases transmitted by the vector to be controlled by the pesticide.''. (b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding at the end the following: ``(hh) Minor Use.--The term `minor use' means the total anticipated small volume use of any pesticide product against a particular pest or group of pests which, by itself, would not economically justify a full, separate pesticide registration. Wherever a minor use is designated in this Act for agricultural crop production or agricultural uses, such term includes any use intended to protect the public from insects or other pests or the diseases which such pests may transmit to man or domestic animals. ``(ii) Public Health Pesticide.--The term `public health pesticide' means any minor use pesticide product registered for use and used predominantly in public health programs for vector control or for other recognized health protection uses, including the prevention or mitigation of viruses, bacteria, or other microorganisms (other than viruses, bacteria, or other microorganisms on or in living man or other living animal) that pose a threat to public health. ``(jj) Vector.--The term `vector' means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including mosquitoes, flies, fleas, cockroaches, or other insects and ticks, mites, or rats.''. SEC. 3. REGISTRATION. Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended-- (1) by inserting after ``pattern of use,'' the following: ``the public health and agricultural need for such minor use,'', and (2) by striking out ``potential exposure of man and the environment to the pesticide'' and inserting in lieu thereof ``potential beneficial or adverse effects on man and the environment''. SEC. 4. REREGISTRATION. Section 4 (7 U.S.C. 136a-1) is amended-- (1) in subsection (i)(4), by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively and by adding after subparagraph (A) the following: ``(B) Any pesticide defined as a public health pesticide of which more than 50 percent of its usage is devoted to the promotion of public health shall be exempt from fees prescribed by paragraph (3).''. (2) in subsection (i)(5), by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by adding after subparagraph (E) the following: ``(F) An end use product that is registered for a public health pesticide of which at least 50 percent of its usage is devoted to the promotion of public health shall be exempt from the fees prescribed by this paragraph.''. (3) in subsection (i)(7)(B), by striking out ``or to determine'' and inserting in lieu thereof ``, to determine'' and by inserting before the period the following: ``, or to determine the volume usage for public health pesticides''. (4) in subsection (k)(3)(A), by striking out ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting in lieu thereof ``; or'', and by inserting after clause (ii) the following: ``(iii) proposes the initial or amended registration of an end use pesticide that, if registered as proposed, would be used for a public health pesticide.''. SEC. 5. CANCELLATION. Section 6(b) is amended by striking out ``or'' at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof ``; or'', and by adding after paragraph (2) the following: ``(3) if a pesticide is registered or proposed for registration for public health uses, to send the notice specified in this subsection to the Secretary of Health and Human Services for review. The Secretary of Health and Human Services shall comment under paragraph (3) in accordance with the procedures followed and subject to the same conditions as comments by the Secretary of Agriculture in the case of agricultural pesticides.''. SEC. 6. VIEWS. Section 21 (7 U.S.C. 136s) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by adding after subsection (a) the following: ``(b) Secretary of Health and Human Services.--The Administrator, before publishing regulations under this Act for any public health pesticide, shall solicit the views of the Secretary of Health and Human Services in the same manner as the views of the Secretary of Agriculture are solicited under section 25(a).''. SEC. 7. AUTHORITY OF ADMINISTRATOR. Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended-- (1) by inserting after ``various classes of pesticides'' the following: ``, including public health pesticides,'', and (2) by striking out ``and nonagricultural pesticides'' and inserting in lieu thereof ``, nonagricultural, and public health pesticides''. SEC. 8. IDENTIFICATION OF PESTS. Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the following: ``(d) Public Health Pests.--The Administrator, in coordination with the Secretary of Health and Human Services, shall identify pests of significant public health importance and, in coordination with the Public Health Service, develop and implement programs to improve and facilitate the safe and necessary use of chemical, biological, and other methods to combat and control such pests of public health importance.''. SEC. 9. PUBLIC HEALTH PESTICIDES. The Federal Insecticide, Fungicide, and Rodenticide Act is amended by adding at the end the following: ``SEC. 32. PUBLIC HEALTH PESTICIDES. ``The Administrator, in conjunction with the Secretary of Health and Human Services, shall submit an annual report to the Congress by March 1 of each year describing the uses of public health pesticides to promote human health protection in the United States. The report shall include ``(1) an analysis of vector control practices, ``(2) an analysis of the approximately 50 diseases which are associated with arthropods or other vectors, including a consideration of the impact of vector control on the incidence of such diseases, ``(3) an analysis of the role of IPM in vector control and how agricultural IPM practices impact public health vector control, and ``(4) an analysis of public health pesticides, including the benefits of vectored disease prevention and a comparison of such benefits to the relative risks of the use of public health pesticides and the risks of vectored diseases.''.

Public Health Pesticides Protection Act of 1993 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests.

Public Health Pesticides Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Disciplinary Fairness Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school. (2) Common behavioral infractions at school often result in suspension, expulsion, or incarceration of the juvenile students involved. (3) Zero-tolerance school discipline policies increase the number of incarcerated juveniles. (4) Research shows that juveniles who are incarcerated are significantly less likely to complete secondary school, experience less human capital development and diminished earnings potential, and are more likely to recidivate and be incarcerated as adults. SEC. 3. SCHOOL DISCIPLINE POLICY. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after title V the following new title: ``TITLE VI--SCHOOL DISCIPLINE POLICY ``SEC. 601. ESTABLISHMENT OF OFFICE. ``(a) In General.--There is hereby established within the Office of Juvenile Justice and Delinquency Prevention an Office of School and Discipline Policy (referred to in this title as the `Office'), headed by a Director appointed by the Administrator of the Office of Juvenile Justice and Delinquency Prevention. ``(b) Purpose.--The purpose of the Office shall be to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. ``SEC. 602. DUTIES. ``The Office shall-- ``(1) collect and publish data, in collaboration with the Office for Civil Rights of the Department of Education, relating to the arrest and incarceration of juvenile students for violations of school rules or policies; ``(2) work with States, units of local government, local educational agencies, and non-governmental organizations in order to expand the use of alternatives to detention and incarceration programming in schools in order to reduce the number of juvenile students who are arrested and incarcerated for violating school rules or policies; and ``(3) collect and publish data, in collaboration with the Office of Justice Programs, relating to the relationship between the presence of a school resource officer at a school and the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies. ``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM. ``(a) Grants Authorized.--The Director may make grants to States, units of local government, and local educational agencies in order to further the purpose described in section 601(b). ``(b) Application.--A State, unit of local government, or local educational agency seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require. ``(c) Preference.--The Director shall give preference in awarding grants to an applicant that demonstrates that it has, at the time of submitting an application, begun to take steps to further the purpose described in section 601(b). ``(d) Uses of Funds.--A State, unit of local government or local educational agency that receives a grant under this section shall use such funds for programs that reduce the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies, and any other activity that the Director determines will further the purpose described in section 601(b). ``SEC. 604. DEFINITIONS. ``In this title: ``(1) The term `school' means an elementary school or a secondary school as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) The term `school resource officer' has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8). ``(3) The term `local educational agency' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(4) The term `juvenile student' means a juvenile who is enrolled in school. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this title.''. SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS. Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (11), the following new paragraph: ``(12) in the case of an applicant that is a State or unit of local government, provide assurances that-- ``(A) the administration of juvenile justice in the applicant's jurisdiction is consistent with any requirements of the United States Constitution and the 4th, 5th, and 14th amendments to the Constitution, including assurances that-- ``(i) before a juvenile is arrested, the arresting law enforcement officer must have probable cause specific to that juvenile; and ``(ii) juveniles who are arrested must receive adequate procedural due process, including-- ``(I) adequate and timely notice to the juvenile and the juvenile's guardian regarding any court proceedings related to the incident for which the juvenile was arrested; ``(II) representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration; ``(III) protections against self- incrimination; and ``(IV) an opportunity to cross- examine any witness testifying against the juvenile; and ``(B) any contract governing the terms of probation for a juvenile shall not contain any clauses that-- ``(i) the juvenile cannot understand; and ``(ii) in the case of a juvenile student (as such term is defined in section 604 of the Juvenile Justice and Delinquency Prevention Act of 1974), could result in incarceration for violations of school rules or policies.''. SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS RELATING TO JUVENILE JUSTICE. Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141) is amended by adding at the end the following: ``(c) Access to Certain Records Relating to Juvenile Justice.--The Attorney General may issue subpoenas requiring the production of any documents relating to any matter which the Attorney General is authorized to investigate under subsection (a).''. SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary of Education (acting through the Office of Civil Rights of the Department of Education) shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including information that demonstrates that the eligible entity-- (1) is fully compliant with all applicable Federal school discipline data reporting requirements, including, if applicable, the reporting requirements of section 618 of the Individuals with Disabilities Education Act of 1965 (20 U.S.C. 1418(a)); and (2) has provided complete information to all applicable data surveys of Department of Education, including the Office for Civil Rights. (c) Limitation.--An elementary school or secondary school may only receive assistance under this section during a grant period from 1 eligible entity receiving a grant under this section during the grant period. (d) Definitions.--For purposes of this section: (1) Eligible entity.--The term ``eligible entity'' means a State, unit of general local government, or juvenile justice agency. (2) General esea terms.--The terms ``elementary schools'', ``secondary schools'', and ``State'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) School personnel.--The term ``school personnel'' has the meaning given the term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this section.

Student Disciplinary Fairness Act of 2015 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy within the Department of Justice (DOJ). The Office must collect and publish data on the arrests or incarceration of juvenile students for violations of school rules or policies. It must also collaborate with states and local governments to expand alternatives to juvenile detention and incarceration. The legislation amends the Omnibus Crime Control and Streets Act of 1968 to require state or local governments that apply for public safety and community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. The Office of Civil Rights of the Department of Education must make grants to states, local governments, and juvenile justice agencies to train elementary and secondary school teachers and administrators on de-escalation techniques to mitigate delinquent student behavior.

Student Disciplinary Fairness Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES Sec. 101. Middle class families tax relief credits. Sec. 102. Double the child tax credit for middle class families. Sec. 103. Eliminate the middle class surcharge. TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION Sec. 201. Surtax for families with incomes over $1 million. TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES SEC. 101. MIDDLE CLASS FAMILIES TAX RELIEF CREDITS. (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 before section 26 the following new section: ``SEC. 25E. MIDDLE CLASS FAMILIES TAX RELIEF CREDIT. ``(a) 10 Percent Tax Reduction for the Middle Class.-- ``(1) In general.--In the case of any natural person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the amount of such tax. ``(2) Income limitation.--The amount allowable as a credit under paragraph (1) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $5,000 ($10,000 in the case of a joint return). ``(b) Zero Tax Bracket for the Poor.-- ``(1) In general.--In the case of any natural person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the excess of-- ``(A) the sum of the taxpayer's regular tax liability for the taxable year and the tax imposed by section 55(a) for the taxable year, over ``(B) the sum of the credits allowed under this part (other than this subsection) for the taxable year. ``(2) Income limitation.--The amount allowable as a credit under paragraph (1) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $12,500 ($25,000 in the case of a joint return), bears to ``(B) $2,500 ($5,000 in the case of a joint return).''. (b) Clerical Amendment.--The table of sections of subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25E. Middle class families tax relief credits.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 102. DOUBLE THE CHILD TAX CREDIT FOR MIDDLE CLASS FAMILIES. (a) In General.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to child tax credit) is amended to read as follows: ``(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 with respect to each qualifying child of the taxpayer an amount equal to the sum of-- ``(A) the basic credit for the taxable year, plus ``(B) the additional credit for the taxable year. ``(2) Basic credit.--For purposes of this section, the term `basic credit' means-- ``(A) $1,000 in the case of any taxable year beginning before January 1, 2011, and ``(B) $500 in the case of any other taxable year. ``(3) Additional credit.--For purposes of this section, the term `additional credit' means-- ``(A) $1,000 in the case of any taxable year beginning before January 1, 2011, and ``(B) $500 in the case of any other taxable year.''. (b) Limitation on Additional Credit Based on Adjusted Gross Income.--Subsection (b) of section 24 of such Code is amended by adding at the end the following new paragraphs: ``(4) Limitation on additional credit based on adjusted gross income.--The amount of the additional credit determined under subsection (a)(3) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $5,000 ($10,000 in the case of a joint return).''. (c) Conforming Amendments.--Paragraph (1) of section 24(b) of such Code is amended-- (1) by striking ``the credit allowable under subsection (a)'' and inserting ``the basic credit determined under subsection (a)(2)'', and (2) by inserting ``on basic credit'' after ``Limitation'' in the heading thereof. (d) Coordination With EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendment made by section 201(a) of such Act. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 103. ELIMINATE THE MIDDLE CLASS SURCHARGE. (a) In General.--Section 55 of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new subsection: ``(f) Exemption for Individuals for Taxable Years Beginning in 2007.--For any taxable year beginning in 2007, in the case of an individual-- ``(1) In general.--The tentative minimum tax of the taxpayer shall be zero if the adjusted gross income of the taxpayer (as determined for purposes of the regular tax) is equal to or less than the threshold amount. ``(2) Phasein of liability above exemption level.--In the case of a taxpayer whose adjusted gross income exceeds the threshold amount but does not exceed $112,500 ($225,000 in the case of a joint return), the tax imposed by subsection (a) shall be the amount which bears the same ratio to such tax (determined without regard to this subsection) as-- ``(A) the excess of-- ``(i) the adjusted gross income of the taxpayer (as determined for purposes of the regular tax), over ``(ii) the threshold amount, bears to ``(B) $12,500 ($25,000 in the case of a joint return). ``(3) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means $100,000 ($200,000 in the case of a joint return). ``(4) Estates and trusts.--This subsection shall not apply to any estate or trust.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION SEC. 201. SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Surtax for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds $500,000 ($1,000,000, in the case of a joint return), the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount determined in accordance with the following tables: ``(A) Joint returns.--In the case of a joint return: ``If taxable income is: The tax is: Over $1,000,000 but not over $1,000,000,000. 7% of the excess over $1,000,000 Over $1,000,000,000............ $69,930,000, plus 10% of the excess over $1,000,000,000 ``(B) Other returns.--In the case of any other return: ``If taxable income is: The tax is: Over $500,000 but not over $500,000,000. 7% of the excess over $500,000 Over $500,000,000.............. $34,965,000, plus 10% of the excess over $500,000,000 ``(2) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(3) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (c) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

Middle Class Tax Relief Act of 2006 - Amends the Internal Revenue Code to: (1) allow individual taxpayers with adjusted gross incomes of less than $75,000 ($150,000 for joint returns) a tax credit for 10% of their income tax; (2) eliminate income taxes for individual taxpayers with adjusted gross incomes of less than $12,500 ($25,000 for joint returns); (3) double the child tax credit for individual taxpayers with adjusted gross incomes of less than $75,000 ($150,000 for joint returns); (4) eliminate the alternative minimum tax in 2007 for certain individual taxpayers; and (5) impose an income tax surtax on individual taxpayers with adjusted gross incomes of over $500,000 ($1 million for joint returns).

To amend the Internal Revenue Code of 1986 to provide middle class tax relief, impose a surtax for families with incomes over $1,000,000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudden Oak Death Syndrome Control Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) tan oak, coast live oak, Shreve's oak, and black oak trees are among the most beloved features of the topography of California and the Pacific Northwest and efforts should be made to protect those trees from disease; (2) the die-off of those trees, as a result of the exotic fungal pathogen Phytophthora ramorum, is approaching epidemic proportions; (3) native plants and forests must be protected from Phytophthora ramorum; (4) more information is needed on-- (A) Phytophthora ramorum, including the existence of Phytophthora ramorum throughout the United States; and (B) sudden oak death syndrome, including-- (i) the causes; (ii) the methods of transmittal; and (iii) the best methods of treatment; (5) the host list for Phytophthora ramorum includes 60 plant species in 32 genera, including-- (A) some of the most popular and economically important landscape and garden plants in the United States; and (B) wild huckleberry plants, potentially endangering the commercial blueberry and cranberry industries; (6) sudden oak death syndrome threatens to create major economic and environmental problems in California, the Pacific Northwest, and other regions, including-- (A) the increased threat of fire and fallen trees; (B) the cost of tree removal and a reduction in property values; and (C) loss of revenue due to-- (i) restrictions on the movement of forest products and nursery stock; and (ii) the impact on the commercial nursery and small fruit industries; (7) in 2002, the Secretary of Agriculture imposed a quarantine on the exportation from 10 counties in northern California and Curry County, Oregon, of oak trees and nursery plants that serve as hosts for Phytophthora ramorum; (8) on April 9, 2004, after the discovery of Phytophthora ramorum in 2 nurseries in southern California-- (A) restrictions were placed on the interstate movement of species that could potentially serve as hosts to Phytophthora ramorum; and (B) new restrictions were implemented on the interstate movement of host plants and potential host plants from all commercial nurseries in the State of California that are outside the 10 quarantined counties; (9) on April 22, 2004, the restrictions referred to in paragraph (8)(B) were expanded to include-- (A) all plants in the same genus as host and potential host plants; and (B) plants growing within 10 meters of a host or potential host plant; and (10) several States and Canada have placed restrictions on the importation of nursery plants from California. SEC. 3. RESEARCH, MONITORING, AND REGULATION OF SUDDEN OAK DEATH SYNDROME. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall carry out a sudden oak death syndrome research, monitoring, and regulation program to develop methods to control, manage, or eradicate sudden oak death syndrome from-- (1) trees and shrubs on both public and private land; and (2) host plants and potential host plants from commercial nurseries. (b) Research, Monitoring, and Regulation Activities.--In carrying out the program under subsection (a), the Secretary may-- (1) conduct open space, roadside, and aerial surveys; (2) provide monitoring technique workshops with respect to-- (A) Phytophthora ramorum in wildland and urban areas; and (B) Phytophthora ramorum infestations in nurseries; (3) conduct a comprehensive and biologically sound national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, with priority given to surveying and inspecting plants at commercial nurseries and adjacent wildlands throughout the United States; (4) develop a comprehensive risk assessment of the threat posed by Phytophthora ramorum to natural and managed plant resources in the United States, including modes of transmission and the risk of infestation; (5) conduct a study of a representative sample of nursery plants imported into the United States from Europe, where Phytophthora ramorum is known to be found; (6) develop baseline information on the distribution, condition, and mortality rates of oaks with Phytophthora ramorum infestation; (7) maintain a geographic information system database of Phytophthora ramorum occurrences; (8) conduct research on Phytophthora ramorum ecology, pathology, and management in wildland, urban, and nursery settings; (9) evaluate the susceptibility of oak and other vulnerable species in the United States, with priority given to evaluating the susceptibility of commercially important nursery species; (10) conduct assessments of trees that could pose a hazard due to infestation of Phytophthora ramorum; and (11) provide diagnostic services. SEC. 4. MANAGEMENT, TREATMENT, AND FIRE PREVENTION. (a) In General.--The Secretary shall conduct sudden oak death syndrome management, treatment, and fire prevention activities. (b) Management, Treatment, and Fire Prevention Activities.--In carrying out subsection (a), the Secretary shall-- (1) carry out activities to reduce the threat of fire and fallen trees killed by sudden oak death syndrome; (2) increase and improve firefighting and emergency response capabilities in areas where fire hazard has increased due to tree die-off; (3) treat vegetation to prevent fire in areas heavily infected with sudden oak death syndrome; and (4) provide grants to local units of government for hazard tree removal, disposal and recycling, assessment and management of restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding. SEC. 5. EDUCATION AND OUTREACH. (a) In General.--The Secretary shall conduct education and outreach activities to make information available to the public on sudden death oak syndrome. (b) Education and Outreach Activities.--In carrying out subsection (a), the Secretary may-- (1) develop and distribute educational materials for homeowners, arborists, urban foresters, park managers, public works personnel, recreationists, nursery workers, landscapers, naturists, firefighting personnel, and other individuals, as the Secretary determines appropriate; (2) design and maintain a website to provide information on sudden oak death syndrome; and (3) provide financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. SEC. 6. INTERGOVERNMENTAL COMMUNICATION. (a) Sense of Congress.--It is the sense of Congress that close communication between the affected agencies at all levels of government is required for the programs authorized under this Act to be effective. (b) Regular Meetings or Consultations.-- (1) In general.--In accordance with section 204(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(a)), the Secretary shall convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials for the purpose of providing a means of exchanging information and recommendations on how to carry out this Act effectively. (2) Requirements.--Meetings or consultations conducted under paragraph (1) shall-- (A) be conducted in a manner that ensures that the various regions of the United States are represented; and (B) include-- (i) representatives from the Animal and Plant Health Inspection Service; (ii) representatives from the Agriculture Research Service; (iii) representatives from the Cooperative State Research, Education, and Extension Service; (iv) representatives from the Forest Service; (v) representatives from State forester offices; and (vi) State representatives from the National Plant Board. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of fiscal years 2005 through 2009-- (1) to carry out section 3, $25,000,000; (2) to carry out section 4, $18,500,000; and (3) to carry out section 5, $700,000. Passed the Senate December 8, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2575 _______________________________________________________________________ AN ACT To direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.

Sudden Oak Death Syndrome Control Act of 2004 - (Sec. 3) Directs the Secretary of Agriculture to carry out a sudden oak death syndrome (Phytophthora ramorum) research, monitoring, and regulation program to control or eradicate sudden oak death syndrome from: (1) trees and shrubs on public and private land; and (2) host and potential host plants from commercial nurseries. Authorizes the Secretary to: (1) conduct open space, roadside, and aerial surveys; (2) provide monitoring workshops; (3) conduct a national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, and develop a related risk assessment; (4) develop baseline information on infected oaks and maintain a geographic information system database of Phytophthora ramorum occurrences; (5) conduct Phytophthora ramorum research; (6) evaluate tree species susceptibility; and (7) provide diagnostic services. (Sec. 4) Directs the Secretary to conduct sudden oak death syndrome management, treatment, and fire prevention activities, including: (1) firefighting and emergency response improvements; and (2) local government grants for tree removal, disposal, and recycling, restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding. (Sec. 5) Directs the Secretary to conduct outreach and education activities, including: (1) educational materials development and distribution, including a website; and (2) financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. (Sec. 6) Expresses the sense of Congress that agency communication at all governmental levels is required for program effectiveness. Directs the Secretary to meet and consult regularly with Federal, State, tribal, and local government officials to exchange program information. (Sec. 7) Authorizes appropriations for FY 2005 through 2009.

A bill to direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2014''. SEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans-- (A) to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)); (B) to public libraries for building or repairing library facilities; (C) to eligible charter school entities for use for the objective described in section 5224(2) of such Act (20 U.S.C. 7223c(2)) consistent with subpart 2 of part B of title V of such Act (20 U.S.C. 7223 et seq.); and (D) to community learning centers to connect and improve broadband services. (2) Interstate compacts.--Congress grants consent to two or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding.--The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submission of such application. (c) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan to an eligible charter school entity, local educational agency, public library, or community learning center will not exceed 30 years after the date of the first payment on the loan under paragraph (5); (8) ensure that the funds loaned annually that are used under subsection (a)(1)(C) are limited to a percentage of the total funds loaned that does not exceed the percentage of elementary and secondary school students in the State enrolled in charter schools during the most recent school year for which enrollment data are available; (9) ensure that the funds loaned annually under subsection (a)(1)(D) are used exclusively to connect and improve broadband services; and (10) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make loans in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to an infrastructure bank for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote the conservation of energy, water, or waste; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submission. (3) Criteria for loans.--In considering applications for a loan to an eligible charter school entity, local educational agency, public library, or community learning center, an infrastructure bank shall consider-- (A) the extent to which the eligible charter school entity, local educational agency, public library, or community learning center involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; (D) the age of such facility; and (E) demonstrated need to connect and improve broadband services in the local community. (e) Qualifying Projects.-- (1) In general.--Subject to subsection (a)(1), a project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (B) the repair, rebuilding, or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental or health hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (H) work that will enable efficient use of available energy resources; (I) work that will reduce reliance on fossil fuels and expand use of solar power, wind power, and other renewable energy resources; (J) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; (K) work to construct new public library facilities or repair or upgrade existing public library facilities; (L) work to connect entities described in subsection (a)(1) to broadband services, and to improve such connections for such entities; or (M) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution. (2) Davis-bacon.--The wage requirements of the Act of March 3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a et seq.) shall apply with respect to individuals employed on the projects described in paragraph (1). (3) Green practices.--An entity using a loan under this section to fund a new construction or renovation project described in paragraph (1) shall ensure that the project is certified, verified, or consistent with State laws, regulations, and any applicable provisions of-- (A) the LEED Green Building Rating System; (B) Living Building Challenge; (C) the CHPS green building rating program developed by the Collaborative for High Performance Schools; or (D) a program that-- (i) has equivalent or more stringent standards; (ii) is adopted by the State or another jurisdiction with authority over the entity; and (iii) includes a verifiable method to demonstrate compliance with such program. (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--For each of fiscal years 2015 through 2019, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial Review.--The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of Appropriations.--For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $500,000,000 for fiscal year 2015 and for each of the 4 succeeding fiscal years. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Community learning center.--The term ``community learning center'' has the meaning given such term in section 4201(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b)(1)). (2) Eligible charter school entity.--The term ``eligible charter school entity'' means-- (A) a charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i)); or (B) a developer (as so defined) that has applied to an authorized public chartering agency (as so defined) to operate a charter school. (3) Local educational agency.--(A) The term ``local educational agency'' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (4) Outlying area.--The term ``outlying area'' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (5) Public library.--The term ``public library'' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library that-- (A) makes its services available to the public free of charge; (B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; (C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (D) is not an integral part of an institution of higher education. (6) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

Investing for Tomorrow's Schools Act of 2014 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states to establish state and multistate infrastructure banks that make loans to local educational agencies, public libraries, and charter schools or their developers to construct or renovate public elementary or secondary schools and public libraries. Requires loans also to community learning centers to connect and improve broadband services. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Requires borrowers to use, to the maximum extent practicable, green construction or renovation practices that are consistent with: (1) Leadership in Energy and Environmental Design (LEED) green building rating standards, (2) Energy Star standards, (3) Collaborative for High Performance Schools (CHPS) criteria, (4) Green Building Initiative environmental design and rating standards (Green Globes), or (5) equivalent standards adopted by the entities that have jurisdiction over them.

Investing for Tomorrow's Schools Act of 2014

SECTION 1. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS. (a) Definitions.--In this section: (1) School.--The term ``school'' means-- (A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); (B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)); (C) a school of the defense dependents' education system under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 of title 10, United States Code; (D) a school operated by the Bureau of Indian Affairs; (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and (F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Designation of Lead Agency.--The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. (c) Requirements.--In carrying out coordination and outreach under subsection (b), the Secretary shall-- (1) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools; (2) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in paragraph (1) for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools-- (A) to use existing Federal opportunities more effectively; and (B) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities to support the initiation of the projects; (3) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects-- (A) to increase the energy efficiency of buildings or facilities; (B) to install systems that individually generate energy from renewable energy resources; (C) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or (D) to promote-- (i) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and (ii) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices; (4) develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in paragraph (1) to develop energy efficiency, renewable energy, and energy retrofitting projects; and (5) establish a process for recognition of schools that-- (A) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and (B) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts. (d) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the implementation of this section.

This bill amends the Energy Policy and Conservation Act to direct the Department of Energy (DOE), acting through the Office of Energy Efficiency and Renewable Energy, to act as the lead federal agency for coordinating and disseminating information on existing federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. DOE must: carry out a review of existing programs and financing mechanisms available in or from appropriate federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used for such purposes; establish a federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available federal opportunities and assistance for such projects that enables states, local educational agencies, and schools to use existing federal opportunities more effectively and to form partnerships with appropriate entities to support project initiation; provide technical assistance for states, local educational agencies, and schools to help develop and finance projects that meet specified requirements; develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office for states, local educational agencies, and schools to effectively access and use federal opportunities and assistance to develop such projects; and establish a process for recognition of schools that have successfully implemented such projects and are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts.

A bill to coordinate the provision of energy retrofitting assistance to schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Students Learning in Safe Schools Act of 1999''. SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SAFETY EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS ``Subpart A--Grant Program For Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program For School Safety Equipment ``SEC. 2511. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, Indian tribes, and local educational agencies to purchase school safety equipment for use in and near elementary and secondary schools. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, Indian tribe, or local educational agency, as applicable; and ``(2) used for the purchase of school safety equipment for use in elementary and secondary schools in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for school safety equipment, based on the percentage of elementary and secondary schools in the jurisdiction of the applicant that do not have access to such equipment; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, Indian tribe, or local educational agency may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--Not less than 50 percent of the total amount made available to carry out this subpart in each fiscal year shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, Indian tribe, or local educational agency shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Students Learning in Safe Schools Act of 1999, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, Indian tribes, and local educational agencies must meet) in submitting the applications required under this section. ``(2) Internet access.--The regulations promulgated under this subsection shall provide for the availability of applications for, and other information relating to, assistance under this subpart on the Internet website of the Department of Justice, in a manner that is closely linked to the information on that Internet website concerning the program under part Q. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 104-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of school safety equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `school safety equipment' means metal detectors, metal detecting wands, video cameras, and other equipment designed to detect weapons and otherwise enhance school safety; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, school district, or other unit of general government below the State level.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart A of that part; and ``(B) $40,000,000 for each of fiscal years 2000 through 2002 for grants under subpart B of that part.''. SEC. 3. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS AND EQUIPMENT. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products, unless such equipment or products are not readily available at reasonable costs. SEC. 4. SENSE OF THE SENATE REGARDING SCHOOL SECURITY. It is the sense of the Senate that recipients of assistance under subpart B of part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act, should, to the maximum extent practicable, seek to achieve a balance between school security needs and the need for an environment that is conducive to learning. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) School Safety Technology Development.--The Institute shall conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings.''.

Authorizes appropriations to carry out such new matching grant program for school safety equipment, as well as for the current matching grant program for law enforcement armor vests. Expresses the sense of Congress regarding American-made products and equipment. Expresses the sense of the Senate regarding school security. Amends such Act to direct the National Institute of Justice to conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings.

Students Learning in Safe Schools Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mayflower Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The arrival of the Pilgrims at Plymouth, Massachusetts, in 1620 has major significance in the history of the United States. (2) The Mayflower Compact laid the foundation and moral framework for the future laws of the United States. (3) The General Society of Mayflower Decedents' mission is-- (A) to tell the story of the Pilgrim's journey on the Mayflower in 1620, bringing with them principles of civil and religious liberty to America as memorialized in the Mayflower Compact; (B) to raise public awareness and increase the public understanding of the importance of the Pilgrim's lives and legacies; and (C) to encourage a passion for history. (4) A commemorative coin will bring national and international attention to the lasting legacy of this important event. (5) The proceeds from a surcharge on the sale of such commemorative coin will assist the financing of educational, scholarship, and outreach programs; SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 100,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the arrival of the Pilgrims. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of-- (i) the mint date ``2020''; and (ii) the year ``1620''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the General Society of Mayflower Descendants; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period of Issuance.--The Secretary may issue coins, to the public, minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the General Society of Mayflower Descendants for educational purposes. (c) Audits.--The General Society of Mayflower Descendants shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Mayflower Commemorative Coin Act This bill directs the Department of the Treasury to issue up to 50,000 $5 gold commemorative coins, and up to 100,000 $1 silver commemorative coins, whose design is emblematic of the arrival of the Pilgrims at Plymouth, Massachusetts. These coins shall be issued only during the one-year period beginning on January 1, 2020. The Department must pay all surcharges received from sales of the coins to the General Society of Mayflower Descendants for educational purposes.

Mayflower Commemorative Coin Act

SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary Spending Act of 2010''. (b) Purpose.--The purpose of this Act is to create an optional fast-track procedure the President may use when submitting rescission requests, which would lead to an up-or-down vote by Congress on the President's package of rescissions, without amendment. SEC. 2. RESCISSIONS OF FUNDING. The Impoundment Control Act of 1974 is amended by striking part C and inserting the following: ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS ``SEC. 1021. APPLICABILITY AND DISCLAIMER. ``The rules, procedures, requirements, and definitions in this part apply only to executive and legislative actions explicitly taken under this part. They do not apply to actions taken under part B or to other executive and legislative actions not taken under this part. ``SEC. 1022. DEFINITIONS. ``In this part: ``(1) The terms `appropriations Act', `budget authority', and `new budget authority' have the same meanings as in section 3 of the Congressional Budget Act of 1974. ``(2) The terms `account', `current year', `CBO', and `OMB' have the same meanings as in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 as in effect on September 30, 2002. ``(3) The term `days of session' shall be calculated by excluding weekends and national holidays. Any day during which a chamber of Congress is not in session shall not be counted as a day of session of that chamber. Any day during which neither chamber is in session shall not be counted as a day of session of Congress. ``(4) The term `entitlement law' means the statutory mandate or requirement of the United States to incur a financial obligation unless that obligation is explicitly conditioned on the appropriation in subsequent legislation of sufficient funds for that purpose, and the Supplemental Nutrition Assistance Program. ``(5) The term `funding' refers to new budget authority and obligation limits except to the extent that the funding is provided for entitlement law. ``(6) The term `rescind' means to eliminate or reduce the amount of enacted funding. ``(7) The terms `withhold' and `withholding' apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation. The terms do not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws. ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS. ``(a) Timing.--If the President proposes that Congress rescind funding under the procedures in this part, OMB shall transmit a message to Congress containing the information specified in section 1024, and the message transmitting the proposal shall be sent to Congress not later than 45 calendar days after the date of enactment of the funding. ``(b) Packaging and Transmittal of Requested Rescissions.--Except as provided in subsection (c), for each piece of legislation that provides funding, the President shall request at most 1 package of rescissions and the rescissions in that package shall apply only to funding contained in that legislation. OMB shall deliver each message requesting a package of rescissions to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. OMB shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Special Packaging Rules.--After enactment of-- ``(1) a joint resolution making continuing appropriations; ``(2) a supplemental appropriations bill; or ``(3) an omnibus appropriations bill; covering some or all of the activities customarily funded in more than 1 regular appropriations bill, the President may propose as many as 2 packages rescinding funding contained in that legislation, each within the 45-day period specified in subsection (a). OMB shall not include the same rescission in both packages, and, if the President requests the rescission of more than one discrete amount of funding under the jurisdiction of a single subcommittee, OMB shall include each of those discrete amounts in the same package. ``SEC. 1024. REQUESTS TO RESCIND FUNDING. ``For each request to rescind funding under this part, the transmittal message shall-- ``(1) specify-- ``(A) the dollar amount to be rescinded; ``(B) the agency, bureau, and account from which the rescission shall occur; ``(C) the program, project, or activity within the account (if applicable) from which the rescission shall occur; ``(D) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and ``(E) the reasons the President requests the rescission; ``(2) designate each separate rescission request by number; and ``(3) include proposed legislative language to accomplish the requested rescissions which may not include-- ``(A) any changes in existing law, other than the rescission of funding; or ``(B) any supplemental appropriations, transfers, or reprogrammings. ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY. ``(a) Presidential Authority To Withhold Funding.--Notwithstanding any other provision of law and if the President proposes a rescission of funding under this part, OMB may, subject to the time limits provided in subsection (c), temporarily withhold that funding from obligation. ``(b) Expedited Procedures Available Only Once Per Bill.--The President may not invoke the procedures of this part, or the authority to withhold funding granted by subsection (a), on more than 1 occasion for any Act providing funding. ``(c) Time Limits.--OMB shall make available for obligation any funding withheld under subsection (a) on the earliest of-- ``(1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the rescission request; ``(2) starting from the day on which OMB transmitted a message to Congress requesting the rescission of funding, 25 calendar days in which the House of Representatives has been in session or 25 calendar days in which the Senate has been in session, whichever occurs second; or ``(3) the last day after which the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration. ``(d) Deficit Reduction.-- ``(1) In general.--Funds that are rescinded under this part shall be dedicated only to reducing the deficit or increasing the surplus. ``(2) Adjustment of levels in the concurrent resolution on the budget.--Not later than 5 days after the date of enactment of an approval bill as provided under this part, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the repeal or cancellation, and the applicable committees shall report revised suballocations pursuant to section 302(b), as appropriate. ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS. ``(a) Preparation of Legislation To Consider a Package of Expedited Rescission Requests.-- ``(1) In general.--If the House of Representatives receives a package of expedited rescission requests, the Clerk shall prepare a House bill that only rescinds the amounts requested which shall read as follows: ```There are enacted the rescissions numbered [insert number or numbers] as set forth in the Presidential message of [insert date] transmitted under part C of the Impoundment Control Act of 1974 as amended.' ``(2) Exclusion procedure.--The Clerk shall include in the bill each numbered rescission request listed in the Presidential package in question, except that the Clerk shall omit a numbered rescission request if the Chairman of the Committee on the Budget of the House, after consulting with the Chairman of the Committee on the Budget of the Senate, CBO, GAO, and the House and Senate committees that have jurisdiction over the funding, determines that the numbered rescission does not refer to funding or includes matter not permitted under a request to rescind funding. ``(b) Introduction and Referral of Legislation To Enact a Package of Expedited Rescissions.--The majority leader or the minority leader of the House or Representatives, or a designee, shall (by request) introduce each bill prepared under subsection (a) not later than 4 days of session of the House after its transmittal, or, if no such bill is introduced within that period, any member of the House may introduce the required bill in the required form on the fifth or sixth day of session of the House after its transmittal. If such an expedited rescission bill is introduced in accordance with the preceding sentence, it shall be referred to the House committee of jurisdiction. A copy of the introduced House bill shall be transmitted to the Secretary of the Senate, who shall provide it to the Senate committee of jurisdiction. ``(c) House Report and Consideration of Legislation To Enact a Package of Expedited Rescissions.--The House committee of jurisdiction shall report without amendment the bill referred to it under subsection (b) not more than 5 days of session of the House after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. If the committee has not reported the bill by the end of the 5-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(d) House Motion To Proceed.-- ``(1) In general.--After a bill to enact an expedited rescission package has been reported or the committee of jurisdiction has been discharged under subsection (c), it shall be in order to move to proceed to consider the bill in the House. A Member who wishes to move to proceed to consideration of the bill shall announce that fact, and the motion to proceed shall be in order only during a time designated by the Speaker within the legislative schedule for the next calendar day of legislative session or the one immediately following it. ``(2) Failure to set time.--If the Speaker does not designate a time under paragraph (1), 3 or more calendar days of legislative session after the bill has been reported or discharged, it shall be in order for any Member to move to proceed to consider the bill. ``(3) Procedure.--A motion to proceed under this subsection shall not be in order after the House has disposed of a prior motion to proceed with respect to that package of expedited rescissions. The previous question shall be considered as ordered on the motion to proceed, without intervening motion. A motion to reconsider the vote by which the motion to proceed has been disposed of shall not be in order. ``(4) Removal from calendar.--If 5 calendar days of legislative session have passed since the bill was reported or discharged under this subsection and no Member has made a motion to proceed, the bill shall be removed from the calendar. ``(e) House Consideration.-- ``(1) Considered as read.--A bill consisting of a package of rescissions under this part shall be considered as read. ``(2) Points of order.--All points of order against the bill are waived, except that a point of order may be made that 1 or more numbered rescissions included in the bill would enact language containing matter not requested by the President or not permitted under this part as part of that package. If the Presiding Officer sustains such a point of order, the numbered rescission or rescissions that would enact such language are deemed to be automatically stripped from the bill and consideration proceeds on the bill as modified. ``(3) Previous question.--The previous question shall be considered as ordered on the bill to its passage without intervening motion, except that 4 hours of debate equally divided and controlled by a proponent and an opponent are allowed, as well as 1 motion to further limit debate on the bill. ``(4) Motion to reconsider.--A motion to reconsider the vote on passage of the bill shall not be in order. ``(f) Senate Consideration.-- ``(1) Referral.--If the House of Representatives approves a House bill enacting a package of rescissions, that bill as passed by the House shall be sent to the Senate and referred to the Senate committee of jurisdiction. ``(2) Committee action.--The committee of jurisdiction shall report without amendment the bill referred to it under this subsection not later than 3 days of session of the Senate after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. ``(3) Discharge.--If the committee has not reported the bill by the end of the 3-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(4) Motion to proceed.--On the following day and for 3 subsequent calendar days in which the Senate is in session, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. Upon such a motion being made, it shall be deemed to have been agreed to and the motion to reconsider shall be deemed to have been laid on the table. ``(5) Debate.--Debate on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours, equally divided and controlled in the usual form. Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form. A motion to further limit debate on such a bill is not debatable. ``(6) Motions not in order.--A motion to amend such a bill or strike a provision from it is not in order. A motion to recommit such a bill is not in order. ``(g) Senate Point of Order.--It shall not be in order under this part for the Senate to consider a bill approved by the House enacting a package of rescissions under this part if any numbered rescission in the bill would enact matter not requested by the President or not permitted under this Act as part of that package. If a point of order under this subsection is sustained, the bill may not be considered under this part.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Table of Contents.--Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the matter for part C of title X and inserting the following: ``PART C--Expedited Consideration of Proposed Rescissions ``Sec. 1021. Applicability and disclaimer. ``Sec. 1022. Definitions. ``Sec. 1023. Timing and packaging of rescission requests. ``Sec. 1024. Requests to rescind funding. ``Sec. 1025. Grants of and limitations on presidential authority. ``Sec. 1026. Congressional consideration of rescission requests.''. (b) Temporary Withholding.--Section 1013(c) of the Impoundment Control Act of 1974 is amended by striking ``section 1012'' and inserting ``section 1012 or section 1025''. (c) Rulemaking.-- (1) 904(a).--Section 904(a) of the Congressional Budget Act of 1974 is amended by striking ``and 1017'' and inserting ``1017, and 1026''. (2) 904(d)(1).--Section 904(d)(1) of the Congressional Budget Act of 1974 is amended by striking ``1017'' and inserting ``1017 or 1026''. SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT. (a) In General.--Part A of the Impoundment Control Act of 1974 is amended by inserting at the end the following: ``SEC. 1002. SEVERABILITY. ``If the judicial branch of the United States finally determines that 1 or more of the provisions of parts B or C violate the Constitution of the United States, the remaining provisions of those parts shall continue in effect.''. (b) Table of Contents.--Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting at the end of the matter for part A of title X the following: ``Sec. 1002. Severability.''. SEC. 5. EXPIRATION. Part C of the Impoundment Control Act of 1974 (as amended by this Act) shall expire on December 31, 2014.

Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding. Sets forth procedures for expedited congressional consideration of proposed rescissions.

A bill to provide an optional fast-track procedure the President may use when submitting rescission requests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``True Cost of War Act of 2011''. SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2010, Congress has appropriated $1,087,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $751,000,000,000 related to operations in Iraq and $336,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and does not report outlays or actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,000,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 1,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,620 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 243,685 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 66,900 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 178,876 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 46 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process ``can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma''. (b) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom for each the following scenarios: (1) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom is reduced from roughly 190,000 in 2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the beginning of 2014, and remains at 30,000 through 2020. (2) The scenario in which the number of members of the Armed Forces deployed in support of Operation New Dawn and Operation Enduring Freedom rises to approximately 235,000 in 2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 through 2020. (3) An alternative scenario, determined by the President and based on current contingency operation and withdrawal plans, which takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation New Dawn and Operation Enduring Freedom. (c) Estimates To Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2020, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation New Dawn and Operation Enduring Freedom, including-- (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation New Dawn and Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation New Dawn or Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Iraq and Afghanistan, and the total number of members expected to be killed in Iraq and Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Current and future operational expenditures associated with Operation New Dawn and Operation Enduring Freedom, including-- (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation New Dawn or Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Iraq and Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including-- (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation New Dawn and Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation New Dawn or Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.

True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom under three specified scenarios based on the number of U.S. troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of U.S. military personnel, contractors, and private security firms; (2) the number of veterans in need of medical or mental health care due to injuries and illnesses; (3) pending veterans' disability compensation claims; (4) total casualties and injuries; (5) current and future operational expenses and related costs; and (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed.

To direct the President to submit to Congress a report on the long-term costs of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom in Iraq and Afghanistan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fire Administration Authorization Act of 2003''. SEC. 2. UNITED STATES FIRE ADMINISTRATOR. Notwithstanding section 1513 of the Homeland Security Act of 2002 (6 U.S.C. 553), the Administrator of the United States Fire Administration shall continue to be appointed and compensated as provided under section 5(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)). SEC. 3. NATIONAL RESIDENTIAL FIRE SPRINKLER STRATEGY. Section 30 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2226) is amended-- (1) by inserting ``(a) In General.--'' before ``The Director, acting''; and (2) by adding at the end the following new subsection: ``(b) National Residential Fire Sprinkler Strategy.--The Administrator shall develop and implement a strategy for promoting the installation and use of residential fire sprinklers. The strategy shall include-- ``(1) advocacy and informational support to relevant stakeholders, including builders, insurers, and State and local decisionmakers; ``(2) promotion of residential sprinklers in residences supported by the Federal Government; ``(3) a particular focus on residences-- ``(A) at high risk to fire hazards; and ``(B) with occupants at high risk to fire hazards, such as senior citizens and persons with disabilities; and ``(4) a particular focus on localized fire suppression in high-risk areas of residences.''. SEC. 4. SUPPORT FOR TRAINING TO FIGHT MARITIME FIRES. Subsection (b)(3)(B) of the first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)(B)) is amended by inserting ``maritime firefighting,'' after ``arson prevention and detection,''. SEC. 5. FIREFIGHTER ASSISTANCE GRANTS PROGRAM. The first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) by striking ``Director'' each place it appears and inserting ``Administrator''; (2) by amending subsection (b)(2) to read as follows: ``(2) Administrative assistance.--The Administrator shall establish specific criteria for the selection of recipients of assistance under this section and shall provide grant-writing assistance to applicants.''; and (3) in subsection (e)(2), by striking ``operate the office established under subsection (b)(2) and''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended by striking ``to carry out the purposes'' and all that follows through the end of subparagraph (K) and inserting ``to the Administrator to carry out the purposes of this Act, other than the firefighter assistance program under section 33-- ``(A) $58,928,000 for fiscal year 2004; ``(B) $60,700,000 for fiscal year 2005; and ``(C) $62,520,000 for fiscal year 2006.''. SEC. 7. COURSES AND TRAINING ASSISTANCE. Section 7(l) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(l)) is amended by adding at the end the following: ``The Superintendent shall offer, at the Academy and at other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters.''. SEC. 8. NEW FIREFIGHTING TECHNOLOGY. (a) In General.--Section 8 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2207) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Development of New Technology.-- ``(1) In general.--In addition to, or as part of, the program conducted under subsection (a), the Administrator, in consultation with the National Institute of Standards and Technology, the Inter-Agency Board for Equipment Standardization and Inter-Operability, national voluntary consensus standards development organizations, interested Federal, State, and local agencies, and other interested parties, shall-- ``(A) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies, including-- ``(i) personal protection equipment; ``(ii) devices for advance warning of extreme hazard; ``(iii) equipment for enhanced vision; ``(iv) devices to locate victims, firefighters, and other rescue personnel in above-ground and below-ground structures; ``(v) equipment and methods to provide information for incident command, including the monitoring and reporting of individual personnel welfare; ``(vi) equipment and methods for training, especially for virtual reality training; and ``(vii) robotics and other remote- controlled devices; ``(B) evaluate the compatibility of new equipment and technology with existing firefighting technology; and ``(C) support the development of new voluntary consensus standards through national voluntary consensus standards organizations for new firefighting technologies based on techniques and methodologies described in subparagraph (A). ``(2) Standards for new equipment.--(A) The Administrator shall, by regulation, require that new equipment or systems purchased through the assistance program established by section 33 meet or exceed applicable voluntary consensus standards for such equipment or systems for which applicable voluntary consensus standards have been established. The Administrator may waive the requirement under this subparagraph with respect to specific standards. ``(B) If an applicant for a grant under section 33 proposes to purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed applicable voluntary consensus standards, the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. ``(C) In making a determination whether or not to waive the requirement under subparagraph (A) with respect to a specific standard, the Administrator shall, to the greatest extent practicable-- ``(i) consult with grant applicants and other members of the fire services regarding the impact on fire departments of the requirement to meet or exceed the specific standard; ``(ii) take into consideration the explanation provided by the applicant under subparagraph (B); and ``(iii) seek to minimize the impact of the requirement to meet or exceed the specific standard on the applicant, particularly if meeting the standard would impose additional costs. ``(D) Applicants that apply for a grant under the terms of subparagraph (B) may include a second grant request in the application to be considered by the Administrator in the event that the Administrator does not approve the primary grant request on the grounds of the equipment not meeting applicable voluntary consensus standards.''. (b) Authorization of Appropriations.--Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following: ``(i) Development of New Technology.--In addition to sums otherwise authorized under this Act, there are authorized to be appropriated to the Administrator to carry out section 8(e)-- ``(1) $2,200,000 for fiscal year 2004; ``(2) $2,250,000 for fiscal year 2005; and ``(3) $2,300,000 for fiscal year 2006.''. SEC. 9. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY. (a) In General.--Section 10 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2209) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Mutual Aid Systems.-- ``(1) In general.--The Administrator, after consultation with the Director of the Federal Emergency Management Agency, shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies that-- ``(A) include threat assessment and equipment deployment strategies; ``(B) include means of collecting asset and resource information to provide accurate and timely data for regional deployment; and ``(C) are consistent with the Federal Emergency Management Agency's Federal Response Plan. ``(2) Model mutual aid plans.--The Administrator, in consultation with the Director of the Federal Emergency Management Agency, shall develop and make available to State and local fire service officials model mutual aid plans for both intrastate and interstate assistance.''. (b) Report on Strategic Needs.--Within 90 days after the date of enactment of this Act, the Administrator of the United States Fire Administration shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science on the need for a strategy concerning deployment of volunteers and emergency response personnel (as defined in section 6 of the Firefighters' Safety Study Act (15 U.S.C. 2223e), including a national credentialing system, in the event of a national emergency. (c) Update of Federal Response Plan.--Within 180 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall-- (1) revise that Agency's Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science describing the action taken to comply with paragraph (1). SEC. 10. TRAINING. (a) In General.--Section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended-- (1) by striking ``and'' after the semicolon in subparagraph (E); (2) by redesignating subparagraph (F) as subparagraph (N); and (3) by inserting after subparagraph (E) the following: ``(F) strategies for building collapse rescue; ``(G) the use of technology in response to fires, including terrorist incidents and other national emergencies; ``(H) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; ``(I) use of and familiarity with the Federal Emergency Management Agency's Federal Response Plan; ``(J) leadership and strategic skills, including integrated management systems operations and integrated response; ``(K) applying new technology and developing strategies and tactics for fighting forest fires; ``(L) integrating terrorism response agencies into the national terrorism incident response system; ``(M) response tactics and strategies for fighting fires at United States ports, including fires on the water and aboard vessels; and''. (b) Consultation on Fire Academy Classes.--The Superintendent of the National Fire Academy may consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. (c) Coordination With Other Programs To Avoid Duplication.--The Administrator of the United States Fire Administration shall, where appropriate, coordinate training provided under section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) with the heads of other Federal agencies-- (1) to ensure that such training does not duplicate existing courses available to fire service personnel; and (2) to establish a mechanism for eliminating duplicative training programs.

United States Fire Administration Authorization Act of 2003 - (Sec. 2) Re-establishes the position of United States Fire Administrator. (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to require the Administrator to develop and implement a national residential fire sprinkler strategy that meets specified requirements. (Sec. 4) Allows the use of fire prevention program grant assistance for training of firefighting personnel in maritime firefighting. (Sec. 5) Transfers the duties of the Director of the United States Fire Administration to the Administrator with respect to the firefighter assistance grants program. Requires the Administrator to: (1) establish specific criteria for the selection of assistance recipients; and (2) provide grant-writing assistance to applicants. (Sec. 6) Authorizes FY 2004 through 2006 appropriations for the Administrator to carry out this Act other than the firefighter assistance grants program. (Sec. 7) Requires the Superintendent of the National Academy for Fire Prevention and Control to offer, at the Academy and other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters. (Sec. 8) Directs the Administrator to: (1) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating firefighting technologies; (2) evaluate the compatibility of new and existing equipment and technology; and (3) support the development of new standards through national voluntary consensus standards organizations for new firefighting technologies. Requires the Administrator, by regulation, to require that new equipment or systems purchased through the assistance program established by the Act meet or exceed established applicable voluntary consensus standards. Allows the Administrator to waive this requirement. Requires a grant applicant, who proposes to purchase with assistance provided under the grant new equipment or systems that do not meet or exceed applicable voluntary consensus standards, to include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. Allows a grant applicant to include a second grant request in the application to be considered by the Administrator in the event the primary grant request is not approved on the grounds of the equipment not meeting such standards. Authorizes FY 2004 through 2006 appropriations for the Administrator to develop new firefighting technology. (Sec. 9) Directs the Administrator to: (1) provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies; and (2) develop and make model mutual aid plans for both intrastate and interstate assistance available to State and local fire service officials. Requires the Administrator to report to specified congressional committees on the need for a strategy concerning deployment of volunteers and emergency response personnel, including a national credentialing system, in the event of a national emergency. Requires the Director of the Federal Emergency Management Agency (FEMA) to: (1) revise the FEMA Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) report to specified congressional committees on the action taken to comply with such revisions. (Sec. 10) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to train fire service personnel in: (1) strategies for building collapse rescue; (2) the use of technology in response to fires; (3) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; (4) use of and familiarity with the FEMA's Federal Response Plan; (5) leadership and strategic skills, including integrated management systems operations and integrated response; (6) applying new technology and developing strategies and tactics for fighting forest fires; (7) integrating terrorism response agencies into the national terrorism incident response system; and (8) response tactics and strategies for fighting fires at U.S. ports, including fires on the water and aboard vessels. Authorizes the Superintendent to consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. Requires the Administrator, where appropriate, to coordinate training provided under the Act with the heads of other Federal agencies to: (1) ensure that such training does not duplicate existing courses available to fire service personnel; and (2) establish a mechanism for eliminating duplicative programs.

To authorize appropriations for activities under the Federal Fire Prevention and Control Act of 1974 for fiscal years 2004 through 2006, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Reduction and Economic Growth Act of 1995''. SEC. 2. TAX REDUCTION IN THE EVENT OF LOW GROWTH. (a) Low-Growth Report.-- (1) In general.--At any time, the Director of the Office of Management and Budget (hereafter in this section referred to as the ``Director'') shall notify the President and the Congress if the Director has determined that for any of the periods described in paragraph (2)-- (A) economic growth as measured by the change in real Gross Domestic Product (GDP) at an annual rate is estimated to be less than 1.5 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be greater than 6.5 percent. (2) Testing periods.--For purposes of paragraph (1), the periods described in this paragraph are-- (A) the period consisting of the quarter during which the notification is given and the quarter preceding such notification, (B) the period consisting of the preceding 4 quarters, and (C) the period consisting of the 2 quarters following such notification. (b) Presidential Authorization of Temporary Tax Reductions.-- (1) Presidential declaration.--After notification under subsection (a), the President may issue a declaration that temporary income tax reductions are required for a specified calendar year to provide a quick and necessary fiscal stimulus to the economy. Any such declaration shall be transmitted to the Congress. (2) Temporary tax modifications.--If the President transmits a declaration under paragraph (1) to the Congress-- (A) Temporary tax reductions.-- (i) In general.--Effective for taxable years beginning in the calendar year specified in such declaration-- (I) the rates applicable to the first income bracket in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be reduced by a percentage (not to exceed 3 percent) specified in such declaration, and (II) the amounts set fourth as tax in such tables shall be adjusted to reflect such rate reduction. (ii) Withholding adjustments.--The withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified so that, to the maximum extent possible, the full calendar year effect of such reduction is reflected through withholding reductions during the portion of the calendar year after such declaration. (B) Temporary surtax where economic growth requirements subsequently satisfied.-- (i) In general.--Effective for taxable years beginning in the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied-- (I) each rate of tax in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be increased by the percentage determined under paragraph (4) for such year, except the tax rate for individuals with Adjusted Gross Income of less than $50,000 and taxpayers filing jointly with Adjusted Gross Income of less than $75,000 shall not exceed the rates established in the year prior to the temporary tax reduction, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate increases. (ii) Withholding adjustments.--Effective for such subsequent calendar year, the withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified to reflect the increase in tax rates under clause (i). (3) Economic growth requirements.--The economic growth requirements of this paragraph are satisfied for any calendar year if, before the beginning of such calendar year, the President determines (and publishes such determination in the Federal Register) that for such calendar year and the immediately preceding calendar year-- (A) economic growth as measured by the change in the real Gross Domestic Product (GDP) is estimated to be greater than 4.5 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be less than 5.5 percent. (4) Rate increase percentage.--The percentage determined under this paragraph is the percentage increase in the tax rates contained in section 1 of the Internal Revenue Code of 1986 which the President estimates will result in an aggregate increase in receipts under chapter 1 of such Code equal to the aggregate decrease in receipts under such Code by reason of subparagraph (A) of paragraph (2) without increasing the tax rate for individuals with Adjusted Gross Income of less than $50,000 and taxpayers filing jointly with Adjusted Gross Income of less than $75,000 above the rates established in the year prior to the temporary tax reduction. Such percentage shall be published in the Federal Register before the beginning of the calendar year for which the economic requirements of paragraph (2) are satisfied. SEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES. Any reduction or increase in receipts resulting from section 2 of this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.

Tax Reduction and Economic Growth Act of 1995 - Authorizes the President to issue a declaration that a temporary reduction in the rates of the first income bracket no greater than 3 percent are required if the Director of the Office of Management and Budget finds that: (1) the annual rate of the Gross Domestic Product is less than 1.5 percent; and (2) the adjusted national unemployment rate is higher than 6.5 percent.

Tax Reduction and Economic Growth Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of State Sponsored Terrorism Act''. SEC. 2. TERRORISM EXCEPTION TO IMMUNITY. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605 the following: ``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a foreign state ``(a) In General.-- ``(1) No immunity.--A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency. ``(2) Claim heard.--The court shall hear a claim under this section if-- ``(A) the foreign state was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later designated as a result of such act; ``(B) the claimant or the victim was-- ``(i) a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); ``(ii) a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10); or ``(iii) otherwise an employee of the government of the United States or one of its contractors acting within the scope of their employment when the act upon which the claim is based occurred; or ``(C) where the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration. ``(b) Definition.--For purposes of this section-- ``(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note); ``(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and ``(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. ``(c) Time Limit.--An action may be brought under this section if the action is commenced not later than the latter of-- ``(1) 10 years after April 24, 1996; or ``(2) 10 years from the date on which the cause of action arose. ``(d) Private Right of Action.--A private cause of action may be brought against a foreign state designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any official, employee, or agent of said foreign state while acting within the scope of his or her office, employment, or agency which shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10), or an employee of the government of the United States or one of its contractors acting within the scope of their employment or the legal representative of such a person for personal injury or death caused by acts of that foreign state or its official, employee, or agent for which the courts of the United States may maintain jurisdiction under this section for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in this section. A foreign state shall be vicariously liable for the actions of its officials, employees, or agents. ``(e) Additional Damages.--After an action has been brought under subsection (d), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and life and property insurance policy loss claims. ``(f) Special Masters.-- ``(1) In general.--The Courts of the United States may from time to time appoint special masters to hear damage claims brought under this section. ``(2) Transfer of funds.--The Attorney General shall transfer, from funds available for the program under sections 1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to the Administrator of the United States District Court in which any case is pending which has been brought pursuant to section 1605(a)(7) such funds as may be required to carry out the Orders of that United States District Court appointing Special Masters in any case under this section. Any amount paid in compensation to any such Special Master shall constitute an item of court costs. ``(g) Appeal.--In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to section 1292(b) of this title. ``(h) Property Disposition.-- ``(1) In general.--In every action filed in a United States district court in which jurisdiction is alleged under this section, the filing of a notice of pending action pursuant to this section, to which is attached a copy of the complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property located within that judicial district that is titled in the name of any defendant, or titled in the name of any entity controlled by any such defendant if such notice contains a statement listing those controlled entities. ``(2) Notice.--A notice of pending action pursuant to this section shall be filed by the clerk of the district court in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant. ``(3) Enforceability.--Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title.''. (b) Amendment to Chapter Analysis.--The chapter analysis for chapter 97 of title 28, United States Code, is amended by inserting after the item for section 1605 the following: ``1605A. Terrorism exception to the jurisdictional immunity of a foreign state.''. SEC. 3. CONFORMING AMENDMENTS. (a) Property.--Section 1610 of title 28, United States Code, is amended by adding at the end the following: ``(g) Property in Certain Actions.-- ``(1) In general.--The property of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under this section, including property that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of-- ``(A) the level of economic control over the property by the government of the foreign state; ``(B) whether the profits of the property go to that government; ``(C) the degree to which officials of that government manage the property or otherwise control its daily affairs; ``(D) whether that government is the sole beneficiary in interest of the property; or ``(E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. ``(2) United states sovereign immunity inapplicable.--Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under this section because the property is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.''. (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking ``December 21, 1988, with respect to which an investigation or'' and inserting ``October 23, 1983, with respect to which an investigation or civil or criminal''. (c) General Exception.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (5)(B), by inserting ``or'' after the semicolon; (B) in paragraph (6)(D), by striking ``; or'' and inserting a period; and (C) by striking paragraph (7); and (2) by striking subsections (e) and (f). SEC. 4. APPLICATION TO PENDING CASES. (a) In General.--The amendments made by this Act shall apply to any claim arising under section 1605A or 1605(g) of title 28, United States Code, as added by this Act. (b) Prior Actions.--Any judgment or action brought under section 1605(a)(7) of title 28, United States Code, or section 101(c) of Public Law 104-208 after the effective date of such provisions relying on either of these provisions as creating a cause of action, which has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action opposable against the state, and which is still before the courts in any form, including appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on motion made to the Federal District Court where the judgment or action was initially entered, be given effect as if it had originally been filed pursuant to section 1605A(d) of title 28, United States Code. The defenses of res judicata, collateral estoppel and limitation period are waived in any re-filed action described in this paragraph and based on the such claim. Any such motion or re-filing must be made not later than 60 days after enactment of this Act.

Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of U.S. courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents; (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism; (3) making foreign states vicariously liable for the actions of their officials, employees, or agents; (4) limiting appeals in cases against foreign states involving terrorist-related injuries; and (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state.

A bill to provide justice for victims of state-sponsored terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Renewable Energy Research and Development Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States has a critical national interest in developing clean, domestic, renewable sources of energy in order to reduce environmental impacts of energy production, increase national security, improve public health, and bolster economic stability. (2) Marine renewable energy technologies are a nonemitting source of power production. (3) Marine renewable energy may serve as an alternative to fossil fuels and create thousands of new jobs within the United States. (4) Europe has already successfully delivered electricity to the grid through the deployment of wave and tidal energy devices off the coast of Scotland. (5) Recent studies from the Electric Power Research Institute, in conjunction with the Department of Energy's National Renewable Energy Laboratory, have identified an abundance of viable sites within the United States with ample wave and tidal resources to be harnessed by marine power technologies. (6) Sustained and expanded research, development, demonstration, and commercial application programs are needed to locate and characterize marine renewable energy resources, and to develop the technologies that will enable their widespread commercial development. (7) Federal support is critical to reduce the financial risk associated with developing new marine renewable energy technologies, thereby encouraging the private sector investment necessary to make marine renewable energy resources commercially viable as a source of electric power and for other applications. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) Marine renewable energy.--The term ``Marine Renewable Energy'' means energy derived from one or more of the following sources: (A) Waves. (B) Tidal flows. (C) Ocean currents. (D) Ocean thermal energy conversion. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary, in conjunction with other appropriate agencies, shall support programs of research, development, demonstration, and commercial application to expand marine renewable energy production, including programs to-- (1) study and compare existing marine renewable energy extraction technologies; (2) research, develop, and demonstrate advanced marine renewable energy systems and technologies; (3) reduce the manufacturing and operation costs of marine renewable energy technologies; (4) investigate efficient and reliable integration with the utility grid and intermittency issues; (5) advance wave forecasting technologies; (6) conduct experimental and numerical modeling for optimization of marine energy conversion devices and arrays; (7) increase the reliability and survivability of marine renewable energy technologies, including development of corrosive-resistant materials; (8) study, in conjunction with the Assistant Administrator for Research and Development of the Environmental Protection Agency, the Undersecretary of Commerce for Oceans and Atmosphere, and other Federal agencies as appropriate, the environmental impacts of marine renewable energy technologies and ways to address adverse impacts, and provide public information concerning technologies and other means available for monitoring and determining environmental impacts; (9) establish protocols, in conjunction with the National Oceanic and Atmospheric Administration, for how the ocean community may best interact with marine renewable energy devices; (10) develop power measurement standards for marine renewable energy; (11) develop identification standards for marine renewable energy devices; (12) address standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces; and (13) utilize marine resources in the Gulf of Mexico, the Atlantic Ocean, and the Pacific Ocean. (b) Siting Criteria.--The Secretary, in conjunction with other appropriate Federal agencies, shall develop, prior to installation of any technologies under this section, siting criteria for marine renewable energy generation demonstration and commercial application projects funded under this Act. SEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. (a) Centers.--The Secretary, acting through the National Renewable Energy Laboratory, shall award grants to institutions of higher education (or consortia thereof) for the establishment of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following criteria: (1) Hosts an existing marine renewable energy research and development program in coordination with a public university engineering program. (2) Has proven expertise to support environmental and policy-related issues associated with harnessing of energy in the marine environment. (3) Has access to and utilizes the marine resources in the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. The Secretary may give special consideration to historically black colleges and universities and land grant universities that also meet one of these criteria. In establishing criteria for the selection of Centers, the Secretary shall coordinate with the Undersecretary of Commerce for Oceans and Atmosphere on the criteria related to advancing wave forecasting technologies, studying the compatibility with the environment of marine renewable energy technologies and systems, and establishing protocols for how the ocean community best interacts with marine renewable energy devices and parks. (b) Purposes.--The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy through a number of initiatives including for the purposes described in section 4(1) through (13), and shall serve as an information clearinghouse for the marine renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced marine renewable energy systems resources. (c) Demonstration of Need.--When applying for a grant under this section, an applicant shall include a description of why Federal support is necessary for the Center, including evidence that the research of the Center will not be conducted in the absence of Federal support. SEC. 6. APPLICABILITY OF OTHER LAWS. Nothing in this Act shall be construed as waiving the applicability of any requirement under any environmental or other Federal or State law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of the fiscal years 2008 through 2012, except that no funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).

Marine Renewable Energy Research and Development Act of 2007 - Instructs the Secretary of Energy to support research and demonstration programs to expand marine renewable energy production, including: (1) study and comparison of existing marine renewable energy extraction technologies; (2) investigation of utility grid and intermittency issues; (3) increased survivability of marine renewable energy extraction technologies, including development of corrosive-resistant materials; (4) a study of environmental impacts of such technologies and ways to address adverse impacts; and (5) establishment of protocols, in conjunction with the National Oceanic and Atmospheric Administration (NOAA), for how the ocean community may best interact with marine renewable energy devices. Directs the Secretary to develop siting criteria for marine renewable energy generation projects prior to installation of such technologies. Directs the Secretary to award grants to institutions of higher education (or consortia of them) to establish National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as information clearinghouses for the marine renewable energy industry, collecting and disseminating information on best practices related to developing and managing enhanced marine renewable energy systems resources. Authorizes the Secretary to give special consideration to historically black colleges and universities and land grant universities that meet prescribed criteria. Authorizes appropriations for FY2008-FY2012, excluding certain ocean energy programs already receiving funds under the Energy Policy Act of 2005.

To establish research, development, demonstration, and commercial application programs for marine renewable energy technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recall Unsafe Drugs Act of 2017''. SEC. 2. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure to comply with-- ``(1) the notification requirement under section 569D(a); ``(2) an order issued under paragraph (1) of section 569D(c), following a hearing, if requested, under paragraph (2)(C) of such section; ``(3) an order amended under paragraph (2) or paragraph (3) of section 569D(c); or ``(4) an emergency order issued under section 569D(d). ``(fff) The failure to have in effect a recall plan under section 569(g).''. (b) Nondistribution and Recall of Adulterated or Misbranded Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. ``(a) Notification Regarding Certain Adulterated or Misbranded Drugs.-- ``(1) In general.--Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe-- ``(A) that such drug, when introduced into or while in interstate commerce, or while held for sale (regardless of whether the first sale) after shipment in interstate commerce, is adulterated or misbranded; and ``(B) there is a reasonable probability that the use or consumption of, or exposure to, the drug (or an ingredient or component used in any such drug) will cause a threat of serious adverse health consequences or death to humans or animals. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. ``(b) Voluntary Recall.--The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily-- ``(1) recall such drug; and ``(2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(c) Order To Cease Distribution and Recall Drug and Related Procedures.-- ``(1) Issuance of order.--If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug (or an ingredient or component used in any such drug) may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug-- ``(A) to immediately cease distribution of such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. ``(2) Action following order.-- ``(A) Cease distribution and notification.--Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. ``(B) Appeal.--Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). ``(C) Informal hearing.--Except as provided in subsection (d), if an appeal made under subparagraph (B) contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Order to recall.-- ``(A) Amendment.--Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Contents.--An amended order under subparagraph (A) shall-- ``(i) specify a timetable in which the recall will occur; ``(ii) require periodic reports to the Secretary describing the progress of the recall; and ``(iii) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. ``(C) Nondelegation.--An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. ``(d) Emergency Recall Order.-- ``(1) In general.--If the Secretary has credible evidence or information that a drug subject to an order under subsection (c)(1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug-- ``(A) to immediately recall such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(2) Action following order.-- ``(A) Recall and notification.--Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. ``(B) Appeal.-- ``(i) Timing.--Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. ``(ii) Continuation of recall.--The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. ``(C) Informal hearing.--An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Nondelegation.--An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. ``(e) Notice to Consumers and Health Officials.--The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. ``(f) Savings Clause.--Nothing contained in this section shall be construed as limiting-- ``(1) the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act; or ``(2) the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act. ``(g) Recall Plan.--Any person required to register under section 510 shall have in effect a recall plan consistent with the requirements of this section.''. (c) Delayed Applicability.--The amendments made by this section apply beginning on the date that is one year after the date of the enactment of this Act.

Recall Unsafe Drugs Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require producers of medications to notify the Food and Drug Administration (FDA) of the identity and location of a medication if the producer has reason to believe: (1) that the medication is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the medication will cause a threat of serious adverse health consequences or death to humans or animals. The FDA may: (1) request that the distributor of a medication that is in violation of the FFDCA voluntarily recall the medication; (2) require the distributor of a medication that may cause serious adverse health consequences to immediately cease distribution of the medication; (3) recall a medication for which distribution has been ceased after giving the distributor an opportunity for an informal hearing; and (4) immediately recall a medication that presents an imminent threat of serious adverse health consequences. Distributors may appeal these FDA orders. In the case of a recall, the FDA must notify consumers and state and local health officials to whom the medication was, or may have been, distributed. Medication distributors must have a recall plan in effect.

Recall Unsafe Drugs Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Education Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to help provide fire safety education and training to students attending institutions of higher education. SEC. 3. ESTABLISHMENT OF THE CAMPUS FIRE SAFETY EDUCATION COMPETITIVE GRANT PROGRAM. (a) Authorization of Grant Program.--From the amounts appropriated under section 7, the Secretary, in consultation with the Administrator, shall establish a grant program to award grants, on a competitive basis, to eligible entities for-- (1) initiating, expanding, or improving fire safety education programs at institutions of higher education; and (2) increasing fire safety awareness among students enrolled at such institutions, including students living in off-campus housing. (b) Application.--To seek a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Selection Priority.--In making grants under this Act, the Secretary shall give priority to eligible entities that plan to use grant funds received under this Act to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. (d) Grant Period.--Grants under this Act shall be awarded for not longer than a 2-year period, and may be renewed for an additional 2- year period, at the Secretary's discretion. (e) Grant Size.--The Secretary shall ensure that grants awarded under this Act are of sufficient size and scope to enable grantees to carry out all required activities and otherwise meet the purpose of this Act, except that an eligible entity may not be awarded more than $250,000 per fiscal year under this Act. (f) Matching Requirement.--An eligible entity receiving a grant under this Act shall provide non-Federal matching funds in an amount equal to not less than 25 percent of the costs of the activities for which assistance is sought. Such non-Federal matching funds may be in cash or in kind. (g) Supplement Not Supplant.--Funds made available under this Act shall be used to supplement, not supplant, other Federal, State, or private funds that would otherwise be expended to carry out fire safety education programs. SEC. 4. REQUIRED USES OF FUNDS. (a) Required Uses of Funds.--An eligible entity receiving a grant under this Act shall use grant funds to initiate, expand, or improve a fire safety education program that-- (1) in the case of an eligible entity that is an institution of higher education, reaches, to the extent practicable, all students enrolled in the institution of higher education, including students living on-campus and off-campus; (2) is carried out in a manner to ensure maximum exposure to, increased awareness of, and effectuate change in behavior with respect to fire safety by students through-- (A) conducting outreach to students at a minimum of twice per academic year (at the beginning of the fall and spring semesters, or the equivalent); and (B) measures that provide fire safety information to any student upon the request of the student; (3) includes minimum instruction with respect to-- (A) awareness of fire behavior; (B) mechanisms of fire injury and death; (C) common ignition scenarios; (D) fire safety systems such as automatic fire sprinklers; (E) fire alarms; (F) fire extinguishers; and (G) importance of means of egress; and (4) includes a mechanism for carrying out the evaluations described in subsection (b). (b) Evaluations.--Not later than 6 months after the end of an eligible entity's grant period, the eligible entity shall-- (1) conduct an evaluation on the effectiveness of the program carried out by the entity in increasing awareness or improving fire safety behavior at such entity; and (2) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. SEC. 5. REPORTS. (a) Report to Congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to section 4(b)(2) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this Act. (2) The fire safety education programs being implemented with assistance under this Act and the costs of such programs. (3) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this Act in improving the fire safety knowledge of college students. (b) Best Practices Report.--The Secretary, in consultation with the Administrator, shall use the information provided under subsection (a) to publish a report of best practices for initiating, expanding, or improving fire safety education programs that shall be made available to all institutions of higher education and other interested parties. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration of the Federal Emergency Management Agency. (2) Fire safety education program.--The term ``fire safety education program'' means a program that provides fire safety and prevention activities. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Eligible entity.--The term ``eligible entity'' means either of the following: (A) An institution of higher education, including an institution of higher education in a collaborative partnership with-- (i) a nonprofit or fire safety organization; (ii) a public safety department; or (iii) a social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at the institution of higher education. (B) A consortium of institutions of higher education located in the same State. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2011 through 2015.

Campus Fire Safety Education Act of 2010 - Directs the Secretary of Education to establish a program to award grants, on a competitive basis, to institutions of higher education or consortiums of such institutions for: (1) initiating, expanding, or improving fire safety education programs; and (2) increasing fire safety awareness among enrolled students. Directs the Secretary to give priority to institutions that plan to use funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. Sets forth provisions regarding grant periods, limits on awards, and matching and other requirements. Requires an institution to use grant funds to initiate, expand, or improve a fire safety education program that: (1) reaches all enrolled students; (2) ensures maximum exposure to and increased awareness of, and that effectuates change in behavior regarding, fire safety by students through conducting outreach to students a minimum of twice per academic year and through measures that provide fire safety information to any student upon request; (3) includes minimum instruction regarding fire behavior, fire injury and death, ignition scenarios, fire safety systems and equipment, and the importance of means of egress; and (4) includes a mechanism for carrying out evaluations of program effectiveness. Requires the Secretary to publish a report of best practices for initiating, expanding, or improving fire safety education programs.

To authorize the Secretary of Education to make grants to support fire safety education programs on college campuses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Buffalo Nickel Act of 1997''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, during the 3-year period beginning on January 1, 2000, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue each year not more than 1,000,000 5-cent coins, which shall-- (1) weigh 5 grams; (2) have a diameter of 0.835 inch; and (3) contain an alloy of 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stockpiling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be based on the original 5-cent coin designed by James Earle Fraser and minted from 1913 to 1938. Each coin shall have on the obverse side a profile representation of a Native American, and on the reverse side a representation of a buffalo. (2) Designations and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year; and (C) inscriptions of the words ``United States of America'', ``Liberty'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2000. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $1.00 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) does not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Permissible Purposes.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the National Museum of the American Indian for the purposes of-- (1) commemorating the tenth anniversary of the establishment of the Museum; and (2) supplementing the endowment and educational outreach funds of the Museum. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Museum of the American Indian as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

United States Buffalo Nickel Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-cent coins based on the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938. Mandates that: (1) each coin have a profile representation of a Native American on the obverse side, and a representation of a buffalo on the reverse side; (2) coin design shall be selected by the Secretary after consultation with specified congressional committees and reviewed by the Citizens Commemorative Coin Advisory Committee; and (3) a one-dollar sales surcharge shall be imposed per coin and distributed to the National Museum of the American Indian to commemorate its tenth anniversary and to supplement its endowment and educational outreach funds.

United States Buffalo Nickel Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Our Democracy Act of 2014''. SEC. 2. ELECTION OF MEMBERS OF HOUSE OF REPRESENTATIVES THROUGH OPEN PRIMARIES. (a) Rules for Election of House Members.--A candidate for election for the office of Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election: (1) A single open primary election for such office held in accordance with subsection (b). (2) A single general election for such office held in accordance with subsection (c). (b) Open Primaries.--Each State shall hold a single open primary election for each office of Member of the House of Representatives in the State under which-- (1) each candidate for such office, regardless of the candidate's political party preference, shall appear on a single ballot; and (2) each voter in the State who is eligible to vote in elections for Federal office in the Congressional district involved may cast a ballot in the election, regardless of the voter's political party preference. (c) General Election.--Each State shall hold a general election for each office of Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the single open primary election for such office (as described in subsection (b)), without regard to the political party preference of such candidates, shall be the only candidates appearing on the ballot. SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES. (a) Option of Candidates To Declare Political Party Preference.--At the time a candidate for the office of Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate's name on the ballot for the election for such office. (b) Designation for Candidates Not Declaring Preference.--If a candidate does not declare a political party preference under subsection (a), the designation ``No Party Preference'' shall accompany the candidate's name on the ballot for the election for such office. (c) No Party Endorsement Implied.--The selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary. SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES. Nothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party's right to contribute to, endorse, or otherwise support a candidate for the office of Member of the House of Representatives. A political party may establish such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, and may informally designate candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. A political party may also adopt such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote. SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) In General.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. (b) Sense of Congress Regarding Treatment of Day by Private Employers.--It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. SEC. 6. STUDY OF NATIONAL STANDARDS AND CRITERIA FOR CONGRESSIONAL REDISTRICTING. (a) Study.--The Comptroller General shall conduct a study of the feasibility and desirability of enacting national standards and criteria for Congressional redistricting. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a). ---------------------------------------------------------------------------------------------------------------- 7.5.......................................... Before January 1, 1999. 7.75........................................ January 1, 1999, to December 31, 1999. 7.9......................................... January 1, 2000, to December 31, 2000. 7.55........................................ After January 11, 2003. ---------------------------------------------------------------------------------------------------------------- SEC. 7. MEMBER DEFINED. In this Act, the term ``Member of the House of Representatives'' included a Delegate or Resident Commissioner to the Congress. SEC. 8. EFFECTIVE DATE. Except as provided in sections 5(a) and 6(b), this Act shall apply with respect to elections occurring during 2016 or any succeeding year.

Open Our Democracy Act of 2014 - Requires all candidates for election to the House of Representatives to run in a single open primary, regardless of political party preference. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the single open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Requires the Comptroller General (GAO) to study the feasibility and desirability of enacting national standards and criteria for congressional redistricting.

Open Our Democracy Act of 2014

SECTION 1. NATIONAL ACADEMY OF SPACE. (a) Establishment of Academy.--The Administrator shall establish a National Academy of Space for the instruction and preparation of selected individuals for service in a space-related capacity in the employ of the United States or a United States corporation. The Academy shall consist of a program of instruction leading to baccalaureate degrees in science, mathematics, and engineering at not less than 6 nor more than 10 universities selected under subsection (b)(3), with uniform curriculum criteria established by the Board, in conjunction with the Director. The Academy shall establish a permanent headquarters within 85 miles of an existing National Aeronautics and Space Administration facility for its administrative staff and for use by the Board. (b) Board.-- (1) Membership.--The Administrator shall appoint a Board of the National Academy of Space (in this section referred to as the ``Board'') consisting of a broadly representative group of scientists, engineers, educators, and businessmen representing space-related industries, along with the president of each university selected under paragraph (3). (2) Functions.--The Board shall-- (A) develop an exam for secondary students testing knowledge in science, mathematics, and engineering, or select an exam from among existing national exams, and annually administer such exam; (B) establish uniform curriculum criteria for Member Institutes; (C) provide for the placement at one of the Member Institutes of students awarded scholarships under this section at the Academy; (D) administer the awarding of such scholarships; and (E) establish a placement program to assist recipients of awards under this section in obtaining positions described in subsection (k)(1)(A). (3) Selection of universities for academy.--The Board shall select not less than 6 nor more than 10 State universities that are regional in scope and that have outstanding degree programs in science, mathematics, and engineering to be designated as Member Institutes of the Academy. The selections shall come from universities that have applied to the Board and that have demonstrated the willingness and capability to provide room, in a separate dormitory or portion of a dormitory, and board to scholarship winners and to offer the Academy's uniform curriculum. (c) Results of Exam.--The Board shall annually certify the top 10 scorers in each congressional district on the exam developed or selected under subsection (b)(2)(A), and award to the top 2 scorers in each State, and to the top scorer in each district who is not one of the top 2 scorers in the State, a scholarship under this section. (d) Scholarships Authorized.--(1) The Board shall establish a scholarship program for students to attend the Academy who are willing to commit themselves to service described in subsection (k). (2) A student who satisfies the requirements of subsection (f)(1) may receive a scholarship for a period of 1 academic year of undergraduate study at the Academy. (3) A student who satisfies the requirements of subsection (f)(2) may receive additional scholarships, each awarded for a period of 1 academic year, in order to complete his or her undergraduate course of study to a maximum of 3 such additional awards. (4) The individuals awarded scholarships under this section shall be referred to as the ``Space Corps''. (e) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall be disbursed on behalf of students who receive scholarships under this section to the institutions of higher education at which the students are enrolled. No scholarship proceeds shall be disbursed on behalf of a student unless the student is enrolled at an institution of higher education. (f) Eligibility.-- (1) Initial eligibility.--Only individuals who are-- (A) citizens or nationals of the United States, or aliens lawfully admitted to the United States for permanent residence; (B) majoring in the physical, life, or computer sciences, mathematics, or engineering; and (C) enrolled in an institution of higher education as a full-time undergraduate student (as determined by the institution of higher education), shall be eligible for awards under this section. (2) Requirements for continuation awards.--A student who has received a scholarship under this section may receive a continuation award under subsection (d)(3) for a subsequent academic year of undergraduate education if the student-- (A) maintains a high level of academic achievement, as determined in accordance with the regulations of the Administrator; (B) continues to major in one of the physical, life, or computer sciences, mathematics, or engineering; and (C) continues to be enrolled at an institution of higher education as a full-time undergraduate student (as determined by the institution). (g) Waiver of Full-Time Attendance Requirement.--The Administrator may waive the full-time attendance requirements in this section in unusual circumstances. (h) Failure To Meet Eligibility Requirements.--In the event that the student fails to meet the requirements of this section, the student's eligibility to receive further scholarships (or scholarship proceeds) under this section shall be suspended in accordance with the regulations of the Administrator. (i) Reinstatement or Eligibility.--The Administrator shall determine circumstances under which eligibility of a scholarship recipient under this section may be reinstated if the recipient seeks to reenter school after an interruption of schooling for personal reasons, including, but not limited to, pregnancy, child-rearing, and other family responsibilities. (j) Scholarship Amount.-- (1) Amount of award.--Except as provided in paragraph (2), the amount of a scholarship awarded under this section shall cover the full tuition and fees of the student at the Academy. (2) Adjustments for insufficient appropriations.--In the event that funds available in a fiscal year are insufficient to fully fund all awards under this section, the amount paid to each student shall be reduced proportionately. (k) Service Requirement.-- (1) Space scholarships.--Each recipient of an award under this section shall, as a condition of the receipt of such award, agree to complete 4 years of-- (A) service in a space-related capacity in the employ of the United States or any corporation or other entity, organized under the laws of the United States or of a State of the United States, at least 50 percent of which is owned by United States nationals, and which is engaged in space-related research or endeavor; (B) postgraduate education in physical, life, or computer science, mathematics, or engineering at an institution of higher education; or (C) a combination of service and education described under subparagraphs (A) and (B). (2) Repayment obligation.--As part of the agreement required under paragraph (1), each recipient shall agree, in the event of failure to complete the service obligation described in paragraph (1), to repay an amount equal to-- (A) the total amount of awards received by such individual under this section; plus (B) the interest on such amounts which would be payable if at the time the amounts were received the amounts were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. Such repayment shall be made within 1 year after the recipient has ceased to perform the service obligation described in paragraph (1). (3) Exceptions.--The Administrator may provide for the partial or total waiver or suspension of any service obligation or payment by an individual under this section in the same manner as is permitted under section 558 of the Higher Education Act of 1965 with respect to scholarships under subpart 1 of part D of title V of the Higher Education Act of 1965, except that pregnancy, child-rearing, or comparable family responsibilities shall also be grounds for deferral. (l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $9,000,000 for fiscal year 1996, of which $5,000,000 shall be for the establishment of a permanent headquarters for the Academy pursuant to section 1(a); (2) $4,000,000 for fiscal year 1997; (3) $4,000,000 for fiscal year 1998; (4) $4,000,000 for fiscal year 1999; and (5) $4,000,000 for fiscal year 2000. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``institution of higher education'' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965; and (3) the term ``State'' means each of the 50 States and any other Commonwealth, territory, or possession of the United States represented in the Congress by a Member or Delegate.

Directs the Administrator of the National Aeronautics and Space Administration to: (1) establish a National Academy of Space to prepare qualifying individuals for Government or U.S. corporate space-related service; and (2) appoint a Board of the National Academy of Space whose functions shall include exam and curriculum development, scholarship and placement administration, and selection of State universities as Member Institutes of the Academy. Authorizes appropriations.

To establish a National Academy of Space, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Access to Affordable Insurance for all Americans Act of 2004''. SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by inserting after chapter 89 the following: ``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``Sec. ``8951. Definitions. ``8952. Health insurance for non-Federal employees. ``8953. Contract requirement. ``8954. Eligibility of non-Federal employees. ``8955. Alternative conditions to Federal employee health benefits plans. ``Sec. 8951. Definitions ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``Sec. 8952. Health insurance for non-Federal employees ``(a) The Office of Personnel Management shall administer a health insurance program for non-Federal employees in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``Sec. 8953. Contract requirement ``(a) In each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. ``(b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. ``Sec. 8954. Eligibility of non-Federal employees ``(a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section. ``(b) An individual may not enroll in a health benefits plan under this chapter, if the individual-- ``(1) is 65 years of age or older; ``(2) is enrolled or eligible to enroll for coverage under a public health insurance program, including coverage under title XVIII of the Social Security Act, coverage under a State plan under title XIX of such Act, coverage under a State plan under title XX of such Act, or coverage under any other program determined by the Office; ``(3) is enrolled or eligible to enroll in a plan under chapter 89; or ``(4) is a member of the uniformed services as defined under section 101(a)(5) of title 10. ``Sec. 8955. Alternative conditions to Federal employee health benefits plans ``(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. ``(b) No Government contribution shall be made for any individual under this chapter. ``(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.''. (b) Technical and Conforming Amendments.-- (1) Contract requirement under chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Each contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.''. (2) Table of chapters.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 89 the following: ``89A. Health Insurance for Non-Federal Employees........... 8951''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to the calendar year following such date of enactment. SEC. 3. CREDIT FOR HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the amount paid during such taxable year by the taxpayer for coverage of the taxpayer and family members under the health insurance plan established under chapter 89A of title 5, United States Code. ``(b) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.--The applicable percentage shall be determined in accordance with the table under paragraph (2). ``(2) Determination of applicable percentage.-- ``In the case of any taxpayer whose The applicable percentage is-- family income is the following percentage of the poverty line-- Not more than 100 percent..................... 100 percent More than 100, but not more than 200 percent.. 65 percent More than 200, but not more than 300 percent.. 40 percent More than 300, but not more than 400 percent.. 30 percent More than 400 percent......................... 0 percent. ``(3) Poverty line.--For purposes of paragraph (2), the term `poverty line' means the poverty line as defined in section 673(2) of the Community Services Block Grant Act, for a family of the size involved. ``(c) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Treatment of payments.--For purposes of this section, payments made by the Secretary on behalf of any individual under section 7528 (relating to advance payment of credit for health insurance costs of eligible individuals) shall be treated as having been made by the taxpayer. ``(4) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and section 7528.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES. ``Not later than August 1, 2004, the Secretary shall establish a program for making payments on behalf of individuals described in section 36(a) to the health insurance plan established under chapter 89A of title 5, United States Code.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Health insurance costs of certain non-Federal employees. ``Sec. 37. Overpayments of tax.''. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7528. Advance payment of credit for health insurance costs of certain non-Federal employees.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that-- (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

Universal Access to Affordable Health Insurance for all Americans Act of 2004 - Directs the Office of Personnel Management to: (1) administer a health insurance program for non-Federal employees; and (2) enter into contracts with carriers to make health benefits plans available to eligible individuals. Allows the Office to require carriers to offer such a plan to be eligible to enter into a contract for a Federal Employees Health Benefit (FEHB) plan. Prohibits individuals from joining the plan that are: (1) 65 years of age or older; (2) eligible to enroll for coverage under a public health insurance program; (3) eligible to enroll in a FEHB plan; or (4) members of the uniformed services. Allows rates charged and premiums paid for such a plan to differ among geographic regions. Prohibits any Government contribution to such plans. Requires the Office to keep individuals under such plans in a separate risk pool from individuals covered under a FEHB plan. Amends the Internal Revenue Code of 1986 to provide for refundable credits for payments made to such plans. Provides for full credit for those below the poverty line, and gradually decreasing credit based on individual income. Directs the Secretary of the Treasury to make advance payments to such a plan on behalf of an enrollee equal to the Secretary's estimate of the amount of credit allowable for the enrollee.

A bill to amend title 5, United States Code to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employee, and for other purposes.

SECTION 1. EXTENSION OF AUTHORITY TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 39- 109, D.C. Code), is amended by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 39-107, D.C. Code) is amended by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 39-301(a), D.C. Code) is amended-- (A) by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''; and (B) by striking out ``President.'' and inserting in lieu thereof ``Mayor.''. (2) Section 9 of such Act (sec. 39-304, D.C. Code) is amended by striking out ``President'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 39-305, D.C. Code) is amended by striking out ``President of the United States'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 39-311, D.C. Code) is amended-- (A) in subsection (a), by striking out ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting in lieu thereof ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting in lieu thereof ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 39-312, D.C. Code) is amended-- (A) by striking out ``President of the United States'' each place it appears and inserting in lieu thereof ``Mayor of the District of Columbia''; and (B) by striking out ``the President may retire'' and inserting in lieu thereof ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 39-603, D.C. Code) is amended by striking out ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting in lieu thereof ``to order''. (2) Section 46 of such Act (sec. 39-604, D.C. Code) is amended by striking out ``the President'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 39-803, D.C. Code) is amended by striking out ``the President of the United States'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Consent for Active Duty or Relocation.--(1) Section 672 of title 10, United States Code, is amended-- (A) in subsection (b), by striking out ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting in lieu thereof ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 2238 of such title is amended by striking out ``, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (3) Section 3500 of such title is amended by striking out ``, in the District of Columbia, through the commanding general of the National Guard of the District of Columbia'' in the second sentence and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (4) Section 4301(c) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (5) Section 8500 of such title is amended by striking out ``, in the District of Columbia, through the commanding general of the National Guard of the District of Columbia'' in the second sentence and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (6) Section 9301(c) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (b) Consent for Personnel Actions.--(1) Section 269(g) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 270(c) of such title is amended by striking out ``commanding general of the District of Columbia National Guard'' in the first sentence and inserting in lieu thereof ``Mayor of the District of Columbia''. (3) Section 3259 of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' in the first sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (4) Section 3352(a) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' in the first sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (5) Section 3364 of such title is amended-- (A) in subsection (g), by striking out ``governor or other appropriate authority of the State, Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''; and (B) in subsection (j), by striking out ``governor or other appropriate authority of the State, Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (6) Section 3370(d) of such title is amended by striking out ``governor or other appropriate authority of the State, Territory, or Puerto Rico, or the commanding general of the District of Columbia National Guard'' in the fourth sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (7) Section 8259 of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' in the first sentence and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (8) Section 8352(a) of such title is amended by striking out ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting in lieu thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking out ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-drug Activities.--Section 112(f)(2) of such title is amended by striking out ``the Commanding General of the National Guard of the District of Columbia'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. (c) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking out subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated)-- (A) by inserting ``, at the request of the Mayor of the District of Columbia,''; and (B) by striking out ``recommended for that detail by the commanding general of the District of Columbia National Guard''. (d) Personnel Matters.--(1) Section 327(a) of such title is amended by striking out ``the commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``the Mayor of the District of Columbia, as the case may be''. (2) Section 331 of such title is amended by striking out ``its commanding general'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. (3) Section 505 of such title is amended by striking out ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting in lieu thereof ``Mayor of the District of Columbia''. (e) Issuance of Supplies.--Section 702(a) of such title is amended by striking out ``commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``Mayor of the District of Columbia''. (f) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking out ``commanding general of the National Guard of the District of Columbia'' and inserting in lieu thereof ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO THE NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT PROGRAM. Section 1091 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) is amended-- (1) in subsection (d), by striking out ``commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Mayor of the District of Columbia''; (2) in subsection (g)(3), by striking out ``commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``Mayor of the District of Columbia''; (3) in subsection (j)(1)-- (A) by striking out ``, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``the Mayor of the District of Columbia''; and (B) by striking out ``or the commanding general'' and inserting in lieu thereof ``or the Mayor of the District of Columbia''; (4) in subsection (j)(2), by striking out ``the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``the Mayor of the District of Columbia''; and (5) in subsection (k)(2), by striking out ``the commanding general of the District of Columbia National Guard'' and inserting in lieu thereof ``the Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA SELF- GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT. Section 602(b) of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code section 1-233(b)) is amended by striking out ``the National Guard of the District of Columbia,''.

Amends the District of Columbia code to make the Mayor of the District of Columbia the Commander-in-Chief of the militia of the District (National Guard) with jurisdiction over: (1) the reserve corps; (2) the appointment of commissioned officers; (3) the call for duty; and (4) general courts-martial.

To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governor of a State exercises with respect to the National Guard of that State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Centennial Challenge Fund Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress here by finds that-- (1) Our national parks are icons of America; (2) The one hundredth anniversary of the National Park System will be in 2016; (3) It is appropriate for all Americans to help in the efforts to enhance our parks as the country gets ready for this centennial celebration; (4) The President has proposed a National Park Centennial Initiative that, over ten years, will provide up to $3 billion to prepare parks for another century of conservation, preservation, and enjoyment; and (5) A part of that Initiative is the establishment of a Centennial Challenge to encourage individuals, foundations, and the private sector to donate money each year by providing up to $100 million in dedicated Federal funding to match donations for signature projects and programs. (b) Purpose.--It is the purpose of this Act to establish a fund in the Treasury that will be used to finance signature projects and programs to enhance the National Park System as it approaches its centennial in 2016 and to prepare the parks for another century of conservation, preservation, and enjoyment. SEC. 3. DEFINITIONS. For purposes of this Act, the term--- (1) ``Challenge Fund'' means the National Park Centennial Challenge Fund. (2) ``Director'' means the Director of the National Park Service. (3) ``Secretary'' means Secretary of the Interior. (4) ``Signature project or program'' means, for the purposes of this Act, any project or program identified by the Director as one that will help prepare the national parks for another century of conservation, preservation and enjoyment. (5) ``Qualified donation'' means a cash non-Federal donation to the National Park Service that the Director certifies is for a listed signature project or program. SEC. 4. NATIONAL PARK CENTENNIAL CHALLENGE FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the National Park Centennial Challenge Fund. The Challenge Fund shall consist of: (1) Qualified donations transferred from the Donations to the National Park Service account, in accordance with section 6(a) of this Act: and (2) Amounts appropriated from the general fund of the Treasury, in accordance with section 6(b) of this Act. (b) Availability.--All amounts deposited in the Challenge Fund shall be available, subject to restrictions in section 6(c) of this Act, to the Secretary for signature projects and programs under this Act without further appropriation and without fiscal year limitation. No monies shall be available for indirect administrative costs. The expenditure of amounts in the Challenge Fund shall follow Federal procurement and financial laws and standards. SEC. 5. SIGNATURE PROJECTS AND PROGRAMS. (a) List.--The Secretary, acting through the Director, shall develop a list of signature projects and programs eligible for funding from the Challenge Fund. The list shall be submitted to the President and to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives. (b) Signature Projects and Programs.--For purposes of this Act, a signature project or program shall be a project or program identified by the Director as one that will help prepare the national parks for another century of conservation, preservation and enjoyment. (c) Updates.--The Secretary, acting through the Director, may, from time to time as the Secretary or Director finds necessary, add any project or program to the list developed pursuant to subsection (a) that the Director believes is a signature project or program. If the Director adds any project or program to the list, the Secretary shall notify the Committees referred to in subsection (a) at the time the project or program is added. SEC. 6. DONATIONS AND MATCHING FEDERAL FUNDS. (a) Qualified Donations.--Beginning on October 1, 2007, and ending on September 30, 2017, the Secretary may transfer to the Challenge Fund qualified donations of cash, including cash to liquidate a letter of credit, received by the National Park Service. (b) Matching Amount.--There is hereby appropriated in each fiscal year beginning on October 1, 2007 and ending on September 30, 2017, an amount equal to the qualified donations received and the pledge of donations through letters of credit in the same fiscal year, not to exceed $100 million in any one year. In no case may the matching amount exceed the amount of donations received or pledged in any year. For the purpose of this subsection, the Secretary may consider a donation for any fiscal year to be received when a pledge of a donation for that fiscal year is guaranteed and a valid irrevocable letter of credit is issued for such purposes. (c) The Secretary may not obligate any amounts based on a letter of credit, or amounts to match a letter of credit pursuant to subsection (b), until amounts from that letter of credit are deposited in the Challenge Fund. (d) Solicitation.--Nothing in this Act shall be construed as expanding any authority that exists on the date of its enactment with respect to the ability of the National Park Service and its employees to receive or solicit for donations. SEC. 7. REPORT TO CONGRESS. The Secretary shall provide with the submission of the President's budget a list of the signature projects and programs and the status of their funding. SEC. 8. REGULATIONS. The Secretary may promulgate such regulations as may be necessary to carry out this Act.

National Park Centennial Challenge Fund Act - Establishes in the Treasury the National Park Centennial Challenge Fund (the Challenge Fund) which shall consist of qualified donations transferred from the Donations to the National Park Service account and amounts appropriated from the general fund of the Treasury, in accordance with this Act. Makes available all amounts deposited in the Challenge Fund to the Secretary of the Interior for signature projects and programs under this Act (projects and programs identified by the Director of the National Park Service (NPS) as those that will help prepare the national parks for another century of conservation, preservation, and enjoyment). Requires the Secretary, acting through the Director, to develop a list of signature projects and programs eligible for funding from the Challenge Fund. Requires that such list be submitted to the President and specified congressional committees.

To establish a fund for the National Park Centennial Challenge, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosthetic and Custom Orthotic Parity Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) There are more than 1,800,000 people in the United States living with limb loss. (2) Every year, there are more than 130,000 people in the United States who undergo amputation. (3) In addition, United States military personnel serving in Iraq and Afghanistan and around the world have sustained traumatic injuries resulting in amputation. (4) The number of amputations in the United States is projected to increase in the years ahead due to rising incidence of diabetes and other chronic illness. (5) Those suffering from limb loss can and want to regain their lives as productive members of society. (6) Prosthetic devices enable amputees to continue working and living productive lives. (7) Insurance companies have begun to limit reimbursement of prosthetic equipment costs at unrealistic levels or not at all and often restrict coverage over a person's lifetime, which shifts costs onto the Medicare and Medicaid programs. (8) Eleven States have addressed this problem and have enacted prosthetic parity legislation. (9) Prosthetic parity legislation has been introduced and is being actively considered in 30 States. (10) The States in which prosthetic parity laws have been enacted have found there to be minimal or no increases in insurance premiums and have reduced Medicare and Medicaid costs. (11) Prosthetic parity legislation will not add to the size of government or to the costs associated with the Medicare or Medicaid programs. (12) If coverage for prosthetic devices and components are offered by a group health insurance policy, then providing such coverage of prosthetic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic device would be medically necessary and appropriate. (13) In States where prosthetic parity legislation has been enacted, amputees are able to return to a productive life, State funds have been saved, and the health insurance industry has continued to prosper. (14) Prosthetic services allow people to return more quickly to their preexisting work. (15) Spina bifida occurs in 7 out of every 10,000 live births in the United States. (16) For children with spina bifida, access to a custom orthotic device impacts both their short and long term mobility, their muscle strength, and overall quality of life. As they mature, the orthotic device allows them to maintain their maximum level of functionality. This has a profound impact on their ability to become and remain independent and productive members of the community. (17) Cerebral palsy is one of the most common congenital (existing before birth or at birth) disorders of childhood. About 10,000 babies per year in the United States will develop cerebral palsy. (18) The purpose of a custom orthotic device for people with cerebral palsy is to protect, such as stabilizing a fracture during healing; to prevent deformity, such as stretching braces worn while the person sleeps, to help prevent muscle contractures; and to improve function. This can help kids with cerebral palsy achieve maximum potential in growth and development. (19) If coverage for prosthetic and custom orthotic devices and related services is offered to individuals by a group health insurance policy, then providing such coverage of prosthetic and orthotic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic or custom orthotic device would be medically necessary and appropriate. (b) Purpose.--The purpose of this Act is to require that each group health plan that provides both coverage for prosthetic devices and components and medical and surgical benefits, provide such coverage under terms and conditions that are no less favorable than the terms and conditions under which such benefits are provided under such plan. SEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 (29 U.S.C. 1185b) the following new section: ``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components and orthotic devices (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits may be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan (or coverage). ``(b) In-Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components and custom orthotic devices and related services, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits provided under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with such a plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that requires, as a condition of coverage or payment for prosthetic devices and custom orthotic devices and related services under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Required benefits for prosthetic devices and custom orthotic devices and related services under this section are limited to the most appropriate model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and custom orthotic devices and related services required under this section shall include coverage for repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with such a plan) may not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices and components. ``(d) Definitions.--For the purposes of this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means such devices and components which may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so, and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Custom orthotic devices and related services.--The term `custom orthotic devices and related services' means the following: ``(A) Custom-fabricated orthotics and related services, which include custom-fabricated devices that are individually made for a specific patient, as well as all services and supplies medically necessary for the effective use of the orthotic device, including formulating its design, fabrication, material and component selection, measurements, fittings, and static and dynamic alignments, and instructing the patient in the use of the device. No other patient would be able to use this item. A custom fabricated item is a device which is fabricated based on clinically derived and rectified castings, tracings, measurements, and/or other images (such as x-rays) of the body part. The fabrication may involve using calculations, templates and components. This process requires the use of basic materials including, but not limited to plastic, metal, leather or cloth in the form of uncut or unshaped sheets, bars, or other basic forms and involves substantial work such as vacuum forming, cutting, bending, molding, sewing, drilling and finishing prior to fitting on the patient. Custom-fabricated devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner or accredited supplier in orthotics and/or prosthetics. These devices and services are represented by the existing set of L- codes describing this care currently listed in Centers for Medicare and Medicaid Services Transmittal 656. ``(B) Custom-fitted high orthotics and related services, which include prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription, and which no other patient would be able to use, as well as all services and supplies medically necessary for the effective use of the orthotic device, including formulating its design, fabrication, material and component selection, measurements, fittings, and static and dynamic alignments, and instructing the patient in the use of the device. Custom-fitted high devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner or accredited supplier in orthotics and/or prosthetics. These devices and services are represented by the existing set of L- codes describing this care currently listed in Centers for Medicare and Medicaid Services Transmittal 656. ``(3) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(4) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 715. Prosthetics and custom orthotic device parity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after the date of the enactment of this Act. SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES. (a) Assistance to Plan Participants and Beneficiaries.--The Secretary of Labor shall provide for assistance to participants and beneficiaries under such plans with any questions or problems regarding compliance with the requirements of this section. (b) Audits.--The Secretary of Labor shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans are in compliance with section 715 of the Employee Retirement Income Security Act of 1974, as added by section 3. (c) GAO Study.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of health insurance coverage, on access to health insurance coverage (including the availability of in-network providers), on the quality of health care, on benefits and coverage for prosthetic devices and components, on any additional cost or savings to group health plans, on State prosthetic devices and components benefit mandate laws, on the business community and the Federal Government, and on other issues as determined appropriate by the Comptroller General. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under paragraph (1). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall promulgate final regulations to carry out this Act and the amendments made by this Act.

Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations. Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician. Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits.

To provide parity under group health plans and group health insurance coverage in the provision of benefits for prosthetic devices and orthotics devices, components and benefits for other medical and surgical services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Modified Line Item Veto/Expedited Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to amounts specifically authorized to be appropriated for a particular program, project, or activity. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority if supported by 49 other Members. ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(D) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority if supported by 14 other Members. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(D) If the bill is amended in the Senate solely as provided by subparagraph (B), the Secretary of the Senate shall cause an engrossed amendment (in the nature of a substitute) to be returned to the House of Representatives. Any Member of the House may offer a privileged motion that the House concur in that Senate amendment. That motion is not subject to a demand for division of the question and the previous question is considered as ordered on the motion to final adoption without intervening motion. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(e) Amendments and Divisions Prohibited.--Except as provided by paragraph (1)(C) or (3)(B) of subsection (d), no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''.

Modified Line Item Veto/Expedited Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, a special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Limits the amount subject to rescission to 25 percent of the amount appropriated. Sets forth House and Senate procedures for the expedited consideration of such a proposal.

Modified Line Item Veto/Expedited Rescissions Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Free Choice Act of 2016''. SEC. 2. STREAMLINING UNION CERTIFICATION. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. SEC. 4. STRENGTHENING ENFORCEMENT. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B), or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsection (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''.

Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period. The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into. Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation.

Employee Free Choice Act of 2016

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Reform to the Medicare ambulance fee schedule. Sec. 3. Prior authorization for ambulance transports of ESRD beneficiaries. Sec. 4. Requiring ambulance providers to submit cost and other information. SEC. 2. REFORM TO THE MEDICARE AMBULANCE FEE SCHEDULE. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended by adding the following new paragraphs: ``(16) Increase in conversion factor for ground ambulance services.--In the case of ground ambulance services furnished on or after April 1, 2015, for purposes of determining the fee schedule amount for such services under this subsection, the conversion factor otherwise applicable to such services shall be increased by-- ``(A) with respect to ground ambulance services for which the transportation originates in a qualified rural area, as identified using the methodology described in paragraph (12)(B)(iii), 25.6 percent; ``(B) with respect to ground ambulance services not described in subparagraph (A) and for which the transportation originates in a rural area described under paragraph (9) or in a rural census tract described in such paragraph, 3 percent; and ``(C) with respect to ground ambulance services not described in subparagraph (A) or (B), 2 percent. ``(17) Increase in mileage rate for ground ambulance services.--In the case of ground ambulance services furnished on or after April 1, 2015, for purposes of determining the fee schedule amount for such services under this subsection, the payment rate for mileage otherwise applicable to such services shall be increased by-- ``(A) with respect to ground ambulance services for which the transportation originates in a qualified rural area, as identified using the methodology described in paragraph (12)(B)(iii), 3 percent; ``(B) with respect to ground ambulance services for which the transportation originates in a rural area described under paragraph (9) or in a rural census tract described in such paragraph, 3 percent; and ``(C) with respect to ground ambulance services not described in subparagraph (A) or (B), 2 percent.''. (b) Study and Report.-- (1) Study.--The Secretary of Health and Human Services shall conduct a study on how the conversion factor applicable to ground ambulance services under the ambulance fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as adjusted under paragraph (16) of such section (as added by subsection (a)), should be modified, if at all, to take into account the cost of providing services in urban, rural, and super-rural areas. In determining such costs, the Secretary shall use the data collected through the data collection system under paragraph (18) of such section, as added by section 4. (2) Report.--Not later than January 1, 2019, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC. 3. PRIOR AUTHORIZATION FOR AMBULANCE TRANSPORTS OF ESRD BENEFICIARIES. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by section 2, is amended by adding at the end the following new paragraph: ``(18) Prior authorization of coverage for ambulance transports of esrd beneficiaries.-- ``(A) Process.-- ``(i) In general.--For applicable ESRD ambulance services furnished on or after January 1, 2016, by an ambulance provider, the Secretary shall establish and implement a process under which the Secretary shall determine, in advance of furnishing such a service to an individual, whether payment for such service may not be made because such service is not covered or because of the application of section 1862(a)(1). ``(ii) Denial of payment.--Subject to subparagraph (B)(ii)(II), no payment shall be made under this part for the service unless the Secretary determines pursuant to such process that the service meets the applicable requirements for coverage. ``(B) Elements of process.--The process described in subparagraph (A) shall include the following elements: ``(i) In order to obtain a prior authorization, the ambulance provider shall submit-- ``(I) a valid physician certification statement (PCS) for non- emergency ambulance transport; and ``(II) any other documentation determined appropriate by the Secretary. ``(ii)(I) The Secretary shall respond to a prior authorization request within 7 business days of receiving the request. ``(II) If the Secretary does not make a prior authorization determination within 7 business days of the date of the Secretary's receipt of medical documentation needed to make such determination, subparagraph (A)(ii) shall not apply. ``(iii) In making the determination under subparagraph (A) with respect to a service and individual, the Secretary shall evaluate the medical necessity of the service by determining-- ``(I) whether the individual is unable to get up from bed without assistance, unable to ambulate, and unable to sit in a chair or wheelchair; ``(II) whether the individual has a medical condition that, regardless of bed confinement, is such that transport by ambulance is medically necessary; or ``(III) whether the individual meets other criteria as determined appropriate by the Secretary. ``(iv) If the prior authorization request is approved, such request shall be retroactive to the date on which such request was received. ``(v) An approved prior authorization shall be valid for a 60-day period. The Secretary may provide for an extension of such period if the Secretary determines such an extension is appropriate. ``(vi) An approved prior authorization shall be deemed to constitute medical necessity but shall not eliminate the documentation requirements necessary to support a claim for the transport. ``(vii) Other elements determined appropriate by the Secretary. ``(C) Reliance upon contractors.--The Secretary may rely upon contractors to implement the requirements of this paragraph. The contractor's compensation shall be limited to a demonstration that it has reduced the number of non-emergency basic life support services involving individuals with end-stage renal disease for renal dialysis services (as described in section 1881(b)(14)(B)) furnished other than on an emergency basis. ``(D) Applicable esrd ambulance services.--In this paragraph, the term `applicable ESRD ambulance services' means ambulance services consisting of non- emergency basic life support services involving transport of an individual with end-stage renal disease for renal dialysis services (as described in section 1881(b)(14)(B)) furnished other than on an emergency basis. ``(E) Ambulance provider.--In this paragraph, the term `ambulance provider' means a provider of services (as defined in section 1861(u)) or other entity that furnishes ambulance services under this title. ``(F) Implementation.-- ``(i) In general.--Subject to clause (ii), the Secretary may carry out this paragraph through program instruction or otherwise. ``(ii) Sufficient notice to prepare.--Not later than June 30, 2015, the Secretary shall make the aspects of the process under this paragraph available to the public.''. (b) Conforming Amendments.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended-- (1) in paragraph (1), by striking ``a supplier or provider or under arrangement with a provider'' and inserting ``an ambulance provider (as defined in paragraph (18)(E)) or under arrangement with an ambulance provider''; (2) in paragraph (8), in the matter following subparagraph (B), by striking ``provider or supplier of ambulance services'' and inserting ``ambulance provider (as defined in paragraph (18)(E))''; (3) in paragraph (9), in the heading, by inserting ``ambulance'' after ``rural''; (4) in paragraph (12), in the heading, by inserting ``ambulance'' after ``rural''; and (5) in each of subparagraphs (B)(ii) and (D)(ii) of paragraph (14), by striking ``entity'' and inserting ``ambulance provider (as defined in paragraph (18)(E))''. SEC. 4. REQUIRING AMBULANCE PROVIDERS TO SUBMIT COST AND OTHER INFORMATION. Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(19) Submission of cost and other information.-- ``(A) Development of data collection system.--The Secretary shall develop a data collection system (which may include use of a cost survey and standardized definitions) for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other information determined appropriate by the Secretary. Such system shall be designed to submit information-- ``(i) needed to evaluate the appropriateness of payment rates under this subsection; ``(ii) on the utilization of capital equipment and ambulance capacity; and ``(iii) on different types of ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12). ``(B) Specification of data collection system.-- ``(i) In general.--Not later than July 1, 2015, the Secretary shall-- ``(I) specify the data collection system under subparagraph (A) and the time period during which such data is required to be submitted; and ``(II) identify the providers and suppliers of ambulance services who would be required to submit the information under such data collection system. ``(ii) Respondents.--Subject to subparagraph (D)(ii), the Secretary shall determine an appropriate sample of providers and suppliers of ambulance services to submit information under the data collection system for each period for which reporting of data is required. ``(C) Penalty for failure to report cost and other information.--Beginning on July 1, 2016, a 5-percent reduction to payments under this part shall be made for a 1-year prospective period specified by the Secretary to a provider or supplier of ambulance services who-- ``(i) is identified under subparagraph (B)(i)(II) as being required to submit the information under the data collection system; and ``(ii) does not submit such information during the period specified under subparagraph (B)(i)(I). ``(D) Ongoing data collection.-- ``(i) Revision of data collection system.-- The Secretary may, as determined appropriate, periodically revise the data collection system. ``(ii) Subsequent data collection.--In order to continue to evaluate the appropriateness of payment rates under this subsection, the Secretary shall, for years after 2016 (but not less often than once every 3 years), require providers and suppliers of ambulance services to submit information for a period the Secretary determines appropriate. The penalty described in subparagraph (C) shall apply to such subsequent data collection periods. ``(E) Consultation.--The Secretary shall consult with stakeholders in carrying out the development of the system and collection of information under this paragraph, including the activities described in subparagraphs (A) and (D). Such consultation shall include the use of requests for information and other mechanisms determined appropriate by the Secretary. ``(F) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the collection of information required under this subsection. ``(G) Limitations on review.--There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph. ``(H) Funding for implementation.--For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2015. Amounts transferred under this subparagraph shall remain available until expended.''.

Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014 - Amends part B (Supplementary Medical Insurance Benefits) of title XVIII (Medicare) of the Social Security Act with respect to the ambulance fee schedule to: (1) increase the conversion factor for ground ambulance services in the formula for determining the appropriate fee, and (2) increase the mileage rate for such services. Directs the Secretary of Health and Human Services (HHS) to study how the conversion factor should be modified, if at all, to take into account the cost of providing ambulance services in urban, rural, and super-rural areas. Directs the Secretary to establish a process to determine, in advance of furnishing end stage renal disease (ESRD) ambulance services, whether payment for them may not be made because they are not covered or because they are excluded from coverage. Prohibits any payment unless the Secretary determines, pursuant to this process, that the service meets coverage requirements. Directs the Secretary to develop a data collection system for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other appropriate information.

Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smaller Schools, Stronger Communities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since World War II, the conventional wisdom among educators has been that larger schools are better than smaller schools, and as a result the number of secondary schools in the United States has declined by 70 percent and the average school size has grown to 5 times the previous average size. According to the Department of Education, 70 percent of high school students in 2000 attended schools with more than 1,000 students. (2) Over the past few years, educators have begun to question the belief that larger schools are always better. The National Association of Secondary School Principals recently recommended that the high school of the 21st century be much more student-centered and, above all, much more personalized in programs, support services, and intellectual rigor. Underlying this recommendation are the Association's beliefs that students take more interest in school when they have a sense of belonging and that students benefit from a more intimate setting in which their presence is more readily and repeatedly acknowledged. (3) The National Association of Secondary School Principals warns that the ``bigness'' of high schools shrouds many young people in what the Association calls ``a cloak of anonymity''. To counteract this effect, the Association recommends that high schools-- (A) restructure their layouts and schedules so that students are no longer invisible and able to ``melt into their surroundings''; (B) limit their enrollments to units of not more than 600 students, either by constructing new buildings or by creating schools-within-a-school; and (C) change the relationship between teachers and students by reducing the number of class changes students are required to make each day and by allowing teachers to spend more time with smaller numbers of students. (4) Research shows that larger schools tend to stratify students into different tracks, which are often based on children's educational and social backgrounds. The result is inequitable educational outcomes, because at larger schools the gap between the educational achievement of high-achieving and low-achieving students is greater than at smaller schools. (5) Research shows that-- (A) in smaller, more personalized, and less bureaucratic schools, the gap between high-achieving and low-achieving students is smaller; (B) students in smaller schools perform better in the core subjects of reading, mathematics, history, and science; (C) students in smaller schools are more engaged in their courses; (D) smaller schools have higher attendance rates and higher rates of participation in school activities; and (E) because achievement levels in smaller schools are more equitably distributed, students who come from more disadvantaged economic and educational backgrounds show the greatest achievement gains in smaller schools. (6) In 2000, the Bank Street College of Education conducted a study, entitled ``Small Schools: Great Strides'', of more than 150 small schools in Chicago, Illinois. In the study, researchers found the following: (A) Small schools generated measurable benefits (including higher attendance rates, grade point averages, and graduation rates) even among the most academically disadvantaged students. (B) Teachers and parents reported greater satisfaction with small schools. (C) Teachers found that small schools offer a stronger, more collaborative professional learning community and provide opportunities to know students better and to take greater responsibility for their achievement. (D) Parents found that small schools are more accessible, more responsive, and safer. (7) According to a recent study of 13,600 schools in Georgia, Montana, Ohio, and Texas-- (A) in smaller schools the harmful effects of poverty on student achievement were greatly reduced; and (B) in poorer Texas communities, larger schools had significantly lower test scores than smaller schools. (8) Research shows that smaller schools are safer and that students in smaller schools are less likely to join gangs. According to the 1999 report entitled ``Indicators of School Crime and Safety'' issued by the National Center for Education Statistics and the Bureau of Justice Statistics-- (A) the number of criminal acts committed at school and number of incidents of school violence were much lower in schools enrolling between 300 to 1,000 students than in larger schools regardless of location in urban, suburban, or rural areas; and (B) on the urban fringe, at schools within metropolitan areas but not in the areas' central cities, larger schools experienced as many as 4 times as many incidents of serious violence per 1,000 students than smaller schools. (9) Many States and local educational agencies are implementing strategies to reduce the size of their schools, including Florida, where in 2000 Governor Jeb Bush signed a school safety bill that required new schools to serve smaller student populations. The legislation limited new high schools to 900 students. SEC. 3. SMALLER LEARNING COMMUNITIES GRANT PROGRAM. Section 10105 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8005) is amended to read as follows: ``SEC. 10105. SMALLER LEARNING COMMUNITIES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) School.--The term `school' means an elementary school or a secondary school. ``(2) School-within-a-school.--The term `school-within-a- school' means a unit within a school that creates a close and consistent academic and administrative relationship between a group of students and a group of teachers such that the unit functions as an individualized smaller school, regardless of how many such schools-within-a-school exist within the larger school. ``(3) Smaller learning community.--The term `smaller learning community' means-- ``(A) an independent, small school within a single building; ``(B) a school-within-a-school; or ``(C) any other grouping of students, teachers, or administrators that uses effective or innovative strategies to create a more personalized school experience for students to improve student achievement or performance, including but not limited to strategies that make use of-- ``(i) career academies or clusters; ``(ii) magnet schools; ``(iii) restructured daily or school-year schedules; or ``(iv) mentoring systems, such as personal adult advocates or teacher advisory systems. ``(b) Authority To Make Grants.--In accordance with this section, the Secretary may-- ``(1) make grants to local educational agencies to enable such agencies to develop plans to create smaller learning communities; and ``(2) make grants to local educational agencies to enable such agencies to implement plans to establish such communities. ``(c) Application.-- ``(1) In general.--In accordance with this subsection, the Secretary shall require that each local educational agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Simple, brief application.--In developing applications for the grants described in subsection (b), the Secretary shall develop an application that is simple and brief in form. ``(3) Planning grants.--Each application from a local educational agency for a grant under subsection (b)(1) shall include information relating to each of the following: ``(A) The need in the area administered by the local educational agency for 1 or more smaller learning communities. ``(B) The process the local educational agency intends to follow in establishing 1 or more smaller learning communities. ``(C) The steps the local educational agency intends to follow in order to ensure the viability of each smaller learning community to be assisted with the grant. ``(D) For each smaller learning community to be assisted with the grant, the non-Federal resources that will be available to the local educational agency from each of the following: ``(i) Any existing school at which the smaller learning community will be located. ``(ii) The school district, or area administered by the local educational agency, in which the smaller learning community will be located. ``(4) Implementation grants.--Each application from a local educational agency for a grant under subsection (b)(2) shall include information relating to each of the following: ``(A) The strategies and methods the local educational agency intends to use to create each smaller learning community. ``(B) The curriculum and instructional practices, including any particular themes or emphases, to be used in the learning environment. ``(C) The degree of involvement of teachers, and other school personnel, in investigating, designing, implementing, and sustaining each smaller learning community. ``(D) The process to be used for involving students, parents, and other stakeholders in the development and implementation of each smaller learning community. ``(E) Any cooperation or collaboration among community agencies, organizations, businesses, and others to develop or implement a plan to create each smaller learning community. ``(F) The training and professional development activities that will be offered to teachers and others involved in the activities for which the grant is sought. ``(G) The goals and objectives of the activities for which the grant is sought, including a description of how such activities will better enable all students to reach challenging State content standards and State student performance standards. ``(H) The methods by which the local educational agency will assess progress in meeting the goals and objectives described in subparagraph (G). ``(I) With respect to any smaller learning community that will be a school-within-a-school, the relationship, including governance and administration, between the smaller learning community and the rest of the school. ``(J) The administrative and managerial relationship between the local educational agency and each smaller learning community, including how such agency intends to ensure the continuity of the smaller learning community and the continuity of student and teacher assignment to such community. ``(K) How the local educational agency intends to coordinate the use of the proceeds of the grant with the use of other funds provided under this Act or under other Federal laws. ``(L) The grade levels or ages of students who will participate in each smaller learning community. ``(M) The method of placing students in each smaller learning community. ``(d) Use of Grant Funds.-- ``(1) Planning grants.--The proceeds of a grant made under subsection (b)(1) may be used for any of the following: ``(A) Study of the feasibility of creating a smaller learning community. ``(B) Study of effective and innovative organizational and instructional strategies for use in 1 or more smaller learning communities. ``(C) Research on and development of strategies for creating 1 or more smaller learning communities. ``(D) Research on and development of, for 1 or more smaller learning communities, effective and innovative curriculums and methods of instruction designed to meet high State content standards and State student performance standards. ``(E) Provision of professional development in innovative teaching methods that challenge and engage students to the staff of 1 or more smaller learning communities. ``(F) Development of strategies for the participation in 1 or more smaller learning communities of parents, business representatives, local institutions of higher education, community-based organizations, and other community members, as facilitators of activities that provide professional development for teachers or that provide links between students and their local community. ``(G) Any other reasonable expense, including architectural fees to design or remodel school facilities, but not including the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(2) Implementation grants.--The proceeds of a grant made under subsection (b)(2) may be used for any of the following: ``(A) Implementing strategies for creating 1 or more smaller learning communities. ``(B) Implementing within 1 or more smaller learning communities effective and innovative curriculums and methods of instruction designed to meet high State content standards and State student performance standards. ``(C) Implementing strategies for the participation in 1 or more smaller learning communities of parents, business representatives, local institutions of higher education, community-based organizations, and other community members, as facilitators of activities that provide professional development for teachers or that provide links between students and their local community. ``(D) Any other reasonable expense, including architectural fees to design or remodel school facilities, but not including the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(e) Equitable Distribution.--In making grants under this section, the Secretary shall ensure that the recipients of grants under subsection (b)(1) and the recipients of grants under subsection (b)(2) are equitably distributed among urban, suburban, and rural areas of the United States. ``(f) Report to the Secretary.--The Secretary shall require as a condition of receipt of each grant under this section that the grant recipient transmit to the Secretary a report on how the proceeds of the grant were used. ``(g) Additional Authority.--To further assist local educational agencies with respect to planning for or implementation of smaller learning communities, the Secretary may-- ``(1) provide technical assistance to such local educational agencies ; and ``(2) participate in networking activities. ``(h) Secretary's Use of Funds.--In each fiscal year, the Secretary may use not more than a total of 5 percent of the amount authorized under subsection (j) for-- ``(1) evaluation of the program authorized by this section; ``(2) the provision of technical assistance under subsection (g)(1); and ``(3) networking activities under subsection (g)(2). ``(i) Study.--The Secretary shall conduct a study to-- ``(1) build on existing research in the smaller learning communities field; ``(2) evaluate and compare outcomes at various types of smaller learning communities, including smaller learning communities in urban, suburban, and rural school districts; and ``(3) track the effectiveness of smaller learning communities. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2002 and such sums as may be necessary for the 4 succeeding fiscal years.''.

Smaller Schools, Stronger Communities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies to develop and implement plans to create smaller learning communities.

To amend section 10105 of the Elementary and Secondary Education Act of 1965 to provide for a smaller learning communities grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Acquiring Community Care Expect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''. SEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON- DEPARTMENT HEALTH CARE SERVICES TO VETERANS. (a) In General.--On and after the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall deny or revoke the eligibility of a health care provider to provide non-Department health care services to veterans if the Secretary determines that the health care provider-- (1) was removed from employment with the Department of Veterans Affairs due to conduct that violated a policy of the Department relating to the delivery of safe and appropriate health care; (2) violated the requirements of a medical license of the health care provider; (3) had a Department credential revoked and the grounds for such revocation impacts the ability of the health care provider to deliver safe and appropriate health care; or (4) violated a law for which a term of imprisonment of more than one year may be imposed. (b) Permissive Action.--On and after the date that is one year after the date of the enactment of this Act, the Secretary may deny, revoke, or suspend the eligibility of a health care provider to provide non-Department health care services if the Secretary has reasonable belief that such action is necessary to immediately protect the health, safety, or welfare of veterans and-- (1) the health care provider is under investigation by the medical licensing board of a State in which the health care provider is licensed or practices; (2) the health care provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine by the health care provider; or (3) the Secretary otherwise determines that such action is appropriate under the circumstances. (c) Suspension.--The Secretary shall suspend the eligibility of a health care provider to provide non-Department health care services to veterans if the health care provider is suspended from serving as a health care provider of the Department. (d) Initial Review of Department Employment.--Not later than one year after the date of the enactment of this Act, with respect to each health care provider providing non-Department health care services, the Secretary shall review the status of each such health care provider as an employee of the Department and the history of employment of each such health care provider with the Department to determine whether the health care provider is described in any of subsections (a) through (c). (e) Comptroller General Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation by the Secretary of this section, including the following: (1) The aggregate number of health care providers denied or suspended under this section from participation in providing non-Department health care services. (2) An evaluation of any impact on access to health care for patients or staffing shortages in programs of the Department providing non-Department health care services. (3) An explanation of the coordination of the Department with the medical licensing boards of States in implementing this section, the amount of involvement of such boards in such implementation, and efforts by the Department to address any concerns raised by such boards with respect to such implementation. (4) Such recommendations as the Comptroller General considers appropriate regarding harmonizing eligibility criteria between health care providers of the Department and health care providers eligible to provide non-Department health care services. (f) Non-Department Health Care Services Defined.--In this section, the term ``non-Department health care services'' means services-- (1) provided under subchapter I of chapter 17 of title 38, United States Code, at non-Department facilities (as defined in section 1701 of such title); (2) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note); (3) purchased through the Medical Community Care account of the Department; or (4) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014. Passed the Senate November 9, 2017. Attest: JULIE E. ADAMS, Secretary.

. Veterans Acquiring Community Care Expect Safe Services Act of 2017 or the Veterans ACCESS Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to deny or revoke eligibility to provide non-VA health care services to veterans for any any health care provider that: (1) was removed from VA employment for violating VA policy relating to the delivery of safe and appropriate health care, (2) violated medical license requirements, (3) had a VA credential revoked on grounds that impact the provider's ability to deliver safe and appropriate health care, or (4) violated a law for which a prison term of more than one year may be imposed. The VA may deny, revoke, or suspend a health care provider's eligibility to provide non-VA health care services based on a reasonable belief that such action is necessary to immediately protect the health or safety of veterans if: (1) the provider is under investigation by a state's medical licensing board, (2) the provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine, or (3) the VA otherwise determines that such action is appropriate. The VA shall suspend a health care provider's eligibility to provide non-VA health care services to veterans if such provider is suspended from serving as a VA medical provider.

Veterans Acquiring Community Care Expect Safe Services Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Opioids (ALTO) in the Emergency Department Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Opioids contributed to the deaths of more than 42,000 people in 2016, more than any year on official record. Forty percent of all opioid overdose deaths involve a prescription opioid. (2) The economic burden of prescription opioid misuse in the United States is estimated to be $78,500,000,000 per year. This includes costs stemming from health care, including addiction treatment, lost productivity, and criminal justice involvement. (3) Over 200 million opioid prescriptions are written in the United States each year, and 2,000,000 Americans have the symptoms of substance use disorder. (4) Approximately 21 to 29 percent of patients prescribed opioids for chronic pain misuse them. (5) Emergency departments in several States, including in New Jersey and Colorado, have developed innovative programs to more widely utilize non-opioid pain treatments to reduce the use of opioids. SEC. 3. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION PROGRAM. (a) Demonstration Program Grants.--The Secretary of Health and Human Services acting through the Assistant Secretary for Mental Health and Substance Use (in this section referred to as the ``Secretary'') shall carry out a 3-year demonstration program under which the Secretary shall award grants to eligible hospitals and emergency departments, including freestanding emergency departments, to develop, implement, enhance, or study alternative pain management protocols and treatments that promote the appropriate limited use of opioids in emergency departments. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a hospital or emergency department shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Geographic Diversity.--In awarding grants under this section, the Secretary shall seek to ensure geographical diversity among grant recipients. (d) Use of Funds.--In addition to the activities described in subsection (a), grants under this section shall be used to-- (1) target common painful conditions, which may include renal colic, sciatica, headaches, musculoskeletal pain, and extremity fractures; (2) train providers and other hospital personnel on protocols and use of treatments that promote the appropriate limited use of opioids in the emergency department; (3) collect data, including data required for the reporting requirement established under subsection (f); and (4) provide alternatives to opioids to patients with painful conditions, not including patients who present with pain related to cancer, end-of-life symptom palliation, or complex multisystem trauma. (e) Duties of the Secretary.--The Secretary shall offer to each recipient of a grant under subsection (a) technical support through a process that provides for-- (1) the provision of information by the Secretary on alternative pain management protocols and treatments, which may include-- (A) non-opioid medications; (B) protocols and treatments that do not involve a medication; (C) alternative pain management protocols and treatments that are appropriate to use for specific common painful conditions, such as renal colic, back pain, pain from fractures, and other common painful conditions that present to the emergency department; (D) the alternative pain management protocol or treatments, if any, that are appropriate for certain patient populations, such as geriatric patients, pregnant patients, and pediatric patients; and (E) any other information the Secretary determines necessary; and (2) the provision of information by emergency departments and providers that have successfully implemented alternatives to opioids programs in the emergency department, promoting non- opioid protocols and medications while appropriately limiting the use of opioids. (f) Report to the Secretary.--Each recipient of a grant under this section shall submit to the Secretary annual evaluations of the progress of the program funded through the grant. These evaluations shall include-- (1) a description of and specific information about the alternative pain management protocols and treatments employed; (2) data on the alternative pain management protocols and treatments employed, including-- (A) during a baseline period before the program began, as defined by the Secretary; (B) at various stages of the program, as determined by the Secretary; (C) the conditions for which the alternative pain management protocols and treatments were employed; and (D) data on patients' self-reported pain rating, using a pain scale model provided by the Secretary, before and after the alternative pain management protocol or treatment was provided; (3) data on the opioid prescriptions written, including-- (A) during a baseline period before the program began, as defined by the Secretary; (B) at various stages of the program, as determined by the Secretary; (C) the conditions for which the opioids were prescribed; and (D) data on patients' self-reported pain rating, using a pain scale model provided by the Secretary, before and after the opioid prescription was provided; (4) the demographic characteristics of patients who were treated with an alternative pain management protocol, including age, sex, race, ethnicity, and insurance status and type; (5) data on patients who were eventually prescribed opioids after alternative pain management protocols and treatments were employed; (6) data on patients who were transitioned to inpatient care following treatment with an alternative pain management protocol and treatment; and (7) any other information the Secretary deems necessary. (g) Report to Congress.--Not later than 120 days after completion of the demonstration program under this section, the Secretary shall submit a report to the Congress on the results of the demonstration program and include in the report-- (1) the number of applications received and the number funded; (2) a summary of the evaluations described in subsection (f), including standardized data; and (3) recommendations for broader implementation of pain management protocols that limit the use of opioids in emergency departments or other areas of the health care delivery system. (h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2021.

Alternatives to Opioids (ALTO) in the Emergency Department Act This bill requires the Department of Health and Human Services to carry out a three-year demonstration program awarding grants to hospitals and emergency departments to develop, implement, enhance, or study alternative pain management protocols and treatments that promote limited use of opioids in emergency departments.

Alternatives to Opioids (ALTO) in the Emergency Department Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act of 2016''. SEC. 2. PROHIBITION ON PYRAMID PROMOTIONAL SCHEMES. (a) In General.--It shall be unlawful for any person to establish, operate, promote or cause to be promoted a pyramid promotional scheme. (b) Enforcement by the Federal Trade Commission.--A violation of subsection (a) shall be treated as an unfair or deceptive act or practice in or affecting commerce under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). The Federal Trade Commission shall enforce such subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. SEC. 3. DEFINITIONS. As used in this Act: (1) Appropriate inventory repurchase agreement.--The term ``appropriate inventory purchase agreement'' means a program by which a plan or operation repurchases, upon request at the termination of a participant's business relationship with the plan or operation and based upon commercially reasonable terms, current and marketable inventory purchased and maintained by the participant for resale, use, or consumption, and such plan or operation in its recruiting literature, sales manual, and contracts with participants, including the manner in which the repurchase is exercised, and disclosure of any inventory that is not eligible for repurchase under the program. (2) Commercially reasonable terms.--The term ``commercially reasonable terms'' means the repurchase of current and marketable inventory within 12 months from the date of purchase at not less than 90 percent of the original net cost to the participant, less appropriate set-offs and legal claims, if any. (3) Compensation.--The term ``compensation'' means the payment of any money, thing of value, financial benefits, or position within the plan or operation; (4) Consideration.--The term ``consideration''-- (A) means the payment of money or another thing of value or the purchase of a product, good, service, intangible property; and (B) does not include-- (i) the purchase of a product furnished at cost to be used in making a sale and not for resale; or (ii) any time and effort spent in pursuit of sales or recruiting activities. (5) Current and marketable.--The term ``current and marketable'', with respect to inventory-- (A) means inventory that-- (i) in the case of consumable or durable goods, is unopened, unused, and within its commercially reasonable use or shelf-life period; and (ii) in the case services and intangible property, including Internet sites, represents the unexpired portion of any contract or agreement; and (B) does not include inventory that has been clearly described to the participant prior to purchase as discounted, seasonal, special promotion item, or not subject to the plan or operation's inventory repurchase program. (6) Inventory.--The term ``inventory'' means both goods and services, including company produced promotional material, sales aids, and sales kits that the plan or operation requires participants to purchase. (7) Inventory loading.--The term ``inventory loading'' means that the plan or operation requires or encourages its participants to purchase inventory in an amount that unreasonably exceeds that which the participant can expect to resell to ultimate users, or to use or consume, in a reasonable period of time. (8) Participant.--The term ``participant'' means a person who joins the plan or operation. (9) Pyramid promotional scheme.--The term ``pyramid promotional scheme'' means a plan or operation by which a person gives consideration to a participant for the right to receive compensation that is derived primarily from a participant's introduction of another person into the plan or operation rather than from the sale of products to ultimate users. (10) Ultimate user.--The term ``ultimate user'' means a non-participant in the plan or operation, or a participant who purchases reasonable amounts of products, goods, services, or intangible property for personal use and whose purchase is not made solely for purposes of qualifying for increased compensation. SEC. 4. LIMITATIONS. Nothing in this Act shall be construed to-- (1) limit the authority of any Federal official from proceeding against pyramid promotional schemes for other violations of Federal law, including the Federal Trade Commission Act; (2) allow for a defense to an enforcement action under section 2 of this Act that the alleged pyramid promotional scheme involved both a franchise to sell a product and the authority to sell additional franchises if the emphasis of the alleged pyramid promotional scheme is on the sale of additional franchises; or (3) allow for a defense to an enforcement action under section 2 of this Act that the alleged pyramid promotional scheme included repurchase agreement inventory loading programs if the emphasis of the alleged pyramid promotional scheme is on the sale of additional franchises.

Anti-Pyramid Promotional Scheme Act of 2016 This bill prohibits the establishment, operation, or promotion of a pyramid promotional scheme, which is defined as a plan or operation by which a person gives consideration (money or other thing of value) to a participant in the scheme for the right to receive compensation derived primarily from the participant's introduction of another person into the plan or operation rather than from the sale of products to ultimate users. The bill grants enforcement authority to the Federal Trade Commission and requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

Anti-Pyramid Promotional Scheme Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Miners Pension Protection Act''. SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. (a) In General.--Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) Cessation of transfers.--The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(i)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent. ``(C) Prohibition on benefit increases, etc.-- During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. ``(D) Treatment of transfers for purposes of withdrawal liability under erisa.--The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974. ``(E) Requirement to maintain contribution rate.--A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before the date of enactment of the Miners Pension Protection Act. ``(F) Enhanced annual reporting.-- ``(i) In general.--Not later than the 90th day of each plan year beginning after the date of enactment of the Miners Pension Protection Act, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains-- ``(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; ``(II) the funded percentage (as defined in section 432(i)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; ``(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; ``(IV) the total value of all contributions made during the plan year preceding such plan year; ``(V) the total value of all benefits paid during the plan year preceding such plan year; ``(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; ``(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; ``(VIII) the total value of all investment gains or losses during the plan year preceding such plan year; ``(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; ``(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; ``(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; ``(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; ``(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; ``(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; ``(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; ``(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; ``(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and ``(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. ``(ii) Electronic submission.--The report required under clause (i) shall be submitted electronically. ``(iii) Information sharing.--The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor. ``(iv) Penalty.--Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting `$100' for `$25'. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. ``(G) 1974 umwa pension plan defined.--For purposes of this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to fiscal years beginning after September 30, 2016. (2) Reporting requirements.--Section 402(i)(4)(F) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(F)), as added by this section, shall apply to plan years beginning after the date of the enactment of this Act. SEC. 3. CUSTOMS USER FEES. (a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended by section 105(a) of the Health Benefits for Miners Act of 2017, is amended by striking ``January 14, 2026'' and inserting ``May 13, 2026''. (b) Rate for Merchandise Processing Fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note), as amended by section 105(b) of the Health Benefits for Miners Act of 2017, is amended by striking ``January 14, 2026'' and inserting ``May 13, 2026''.

Miners Pension Protection Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the 1974 United Mine Workers of America (UMWA) Pension Plan to provide pension benefits to retired coal miners and their families. The Department of the Treasury must transfer additional funds to the 1974 UMWA Pension Plan to pay pension benefits required under that plan if the amounts available for transfer under SMCRA's $490 million annual limit exceed the amounts required to be transferred for other purposes (including to the UMWA Health Plans). The bill also: (1) prohibits the pension plan from making certain changes to benefits during any year in which a transfer is received, and (2) establishes additional reporting requirements for the plan. As an offset, the bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority of Treasury to collect certain customs user fees.

Miners Pension Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Advantage Participant Bill of Rights Act of 2014''. SEC. 2. LIMITATION ON REMOVAL OF MEDICARE ADVANTAGE PROVIDERS BY MA ORGANIZATIONS. (a) Limitation.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended by adding at the end the following: ``(7) Limitation on removal of providers from ma plans by ma organizations.-- ``(A) Removal of providers with cause.--Beginning with plan year 2015, except as provided in subparagraph (C), an MA organization offering an MA plan may only remove a provider of services or a supplier from a network of such plan if the organization has cause to remove such provider or supplier. ``(B) Cause to remove providers.-- ``(i) In general.--An MA organization offering an MA plan has cause to remove a provider of services or a supplier from a network of such plan if the Secretary determines that the provider or supplier is-- ``(I) medically negligent; ``(II) in violation of any legal or contractual requirement applicable to the provider or supplier acting within the lawful scope of practice, including any participation or other requirement applicable to such provider or supplier under this title or under any contractual term for such plan; or ``(III) otherwise unfit to furnish items and services in accordance with requirements of this title. ``(ii) Consideration of cost to ma organizations.--For purposes of subparagraph (A), cost to an MA organization offering an MA plan due to the participation of a provider of services or supplier in a network of such plan does not constitute cause for the MA organization to remove such provider or supplier from the network, and such cost may not be considered as a factor in favor of a determination that such organization has cause to remove the provider. ``(C) Exception.--With respect to each upcoming plan year, beginning with plan year 2015, an MA organization offering an MA plan may only remove a provider of services or supplier from a network of such plan for reasons not specified in subparagraph (B)(i) before the date that is 60 days before the first day of the annual coordinated election period for such plan year under section 1851(e)(3). ``(D) Notice and appeal process.-- ``(i) In general.--Any removal of a provider of services or supplier from a network of an MA plan may occur only after the completion of a fair notice and appeal process that the Secretary shall establish by regulation. Such process shall require the MA organization to provide to such provider or supplier and to the Secretary an explanation of the reason or reasons for the removal. ``(ii) Application.-- ``(I) Application of new process.-- In the case of a removal of a provider of services or supplier from a network of an MA plan occurring on or after the effective date published in a final rule for such fair notice and appeal process, such process shall apply in lieu of the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations. ``(II) Continuation of old process.--In the case of a removal of a provider of services or supplier from a network of an MA plan occurring before such effective date, the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations, shall apply. ``(E) Participant notice and protection.-- ``(i) Notice to participants of provider removal.--Not less than 60 days before the date on which a provider of services or supplier is removed from a network of an MA plan, the MA organization offering such plan shall provide notification of the removal to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. Such notification shall include-- ``(I) the names and telephone numbers of in-network providers of services and suppliers offering items and services that are the same or similar to the items and services offered by the removed provider or supplier; ``(II) information regarding the options available to an individual enrolled in such plan to request the continuation of medical treatment or therapy with the removed provider or supplier; and ``(III) one or more customer service telephone numbers that an individual enrolled in such plan may access to obtain information regarding changes to the network of the plan. ``(ii) Annual notice of change.--In addition to providing the notification of removal as required under clause (i), the MA organization offering such MA plan shall include such notification in the annual notice of change for the MA plan for the upcoming plan year. ``(iii) Continuity of care.--In any case in which a provider of services or supplier is removed from a network of an MA plan, such plan shall ensure that the removal satisfies the continuity of care requirements under paragraph (1)(A) with respect to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. ``(F) Rule of construction.--Nothing in this paragraph shall be construed as affecting the ability of a provider of services or supplier to decline to participate in a network of an MA plan. ``(8) Transparency in measures used by ma organizations to establish or modify provider networks.-- ``(A) In general.--Beginning with plan year 2016, an MA organization offering an MA plan shall include the information described in subparagraph (B)-- ``(i) in the annual bid information submitted by the MA organization with respect to the MA plan under section 1854; and ``(ii) on the Internet Web Site for the MA plan. ``(B) Information described.--The information described in this subparagraph is the following: ``(i) Information regarding the measures used by the MA organization to establish or modify the provider network of the MA plan, including measures of the quality and efficiency of providers. Such information shall include the specifications, methodology, and sample size of such measures. ``(ii) Other information related to the establishment or modification of such provider network that the Secretary determines appropriate. ``(C) Limitation.--The information described in subparagraph (B) shall not include any individually identifiable information of any provider or supplier of services.''. (b) Enforcement.-- (1) Sanctions for noncompliance.--Section 1857(g)(1) of the Social Security Act (42 U.S.C. 1395w-27(g)(1)) is amended-- (A) in subparagraph (J), by striking ``or''; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following new subparagraph: ``(K) fails to comply with sections 1852(d)(7) or 1852(d)(8); or''; and (D) in subparagraph (L) (as so redesignated), by striking ``through (J)'' and inserting ``through (K)''. (2) Sanctions not applicable to part d.--Title XVIII of the Social Security Act is amended-- (A) in section 1860D-12(b)(3)(E) (42 U.S.C. 1395w- 112(b)(3)(E)), by striking ``paragraph (1)(F)'' and inserting ``paragraphs (1)(F) and (1)(K)''; and (B) in section 1894(e)(6)(B) (42 U.S.C. 1395eee(e)(6)(B)), by inserting ``(other than paragraph (1)(K) of such section)'' after ``1857(g)(1)''. (c) Network Access Adequacy Standards.--Beginning with plan year 2015, in applying the network access adequacy standards pursuant to section 1852(d)(1) of the Social Security Act (42 U.S.C. 1395w- 22(d)(1)), the Secretary of Health and Human Services shall seek input from patient advocacy groups, providers of services and suppliers, and MA plans under part C of title XVIII of such Act. (d) Medicare Advantage Plan Compare Tool.--Not later than September 30, 2015, the Secretary of Health and Human Services shall take such measures as are necessary to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.

Medicare Advantage Participant Bill of Rights Act of 2014 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to require a Medicare Advantage (MA) organization to remove a service provider or a supplier from a plan network only for cause, subject to completion of a fair notice and appeals process. Lists as cause for removal: (1) medical negligence, (2) violation of any legal or contractual requirement for the provider or supplier acting within the lawful scope of practice, or (3) unfitness to furnish items and services in accordance with Medicare requirements. Requires an MA organization offering an MA plan to include information on the measures used to establish or modify the plan's provider network: (1) in the annual bid information submitted about the MA plan, and (2) on the plan's Internet Web. Subjects to certain sanctions MA organizations with contracts which fail to meet these information requirements. Directs the Secretary of Health and Human Services (HHS) to: (1) seek input from patient advocacy groups and others in applying network access adequacy standards, and (2) take necessary measures to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.

Medicare Advantage Participant Bill of Rights Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as ``Health Care for Young Adults Act of 2005''. SEC. 2. PROVIDING STATE OPTION FOR SCHIP AND MEDICAID COVERAGE OF YOUNG ADULTS UP TO AGE 23. (a) In General.-- (1) Medicaid.--(A) Section 1902(l)(1)(D) of the Social Security Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting ``(or, at the option of the State, who have not attained 20, 21, or 22 years of age, as the State may elect)'' after ``have not attained 19 years of age''. (B) Clause (i) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking ``under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose'' and inserting ``under the age of 23, or, at the option of the State, under the age of 22, 21, 20, 19, or 18 as the State may elect''. (2) SCHIP.--Section 2110(c)(1) of such Act (42 U.S.C. 1397jj(c)(1)) is amended by inserting after ``19 years of age'' the following: ``(or, at the option of the State and subject to the availability of additional allotments under section 2104(d), 20, 21, 22, or 23 years of age)''. (b) Additional SCHIP Allotments for Providing Coverage of Optional Young Adults.-- (1) In general.--Section 2104 of such Act (42 U.S.C. 1397dd) is amended by inserting after subsection (c) the following: ``(d) Additional Allotments for the Provision of Coverage to Optional Young Adults.-- ``(1) Appropriation; total allotment.--For the purpose of providing additional allotments to States under this title, there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2006 through 2009, $500,000,000. ``(2) State and territorial allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraph (3), of the amount available for the additional allotments under paragraph (1) for a fiscal year, the Secretary shall allot to each State with a State child health plan approved under this title-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), the same proportion as the proportion of the State's allotment under subsection (b) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (b) for such States eligible for an allotment under this paragraph for such fiscal year; and ``(B) in the case of a commonwealth or territory described in subsection (c)(3), the same proportion as the proportion of the commonwealth's or territory's allotment under subsection (c) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (c) for commonwealths and territories eligible for an allotment under this paragraph for such fiscal year. ``(3) Use of additional allotment.--Additional allotments provided under this subsection are not available for amounts expended before October 1, 2005. Such amounts are available for amounts expended on or after such date only for-- ``(A) expenditures described in section 1905(u)(4)(A); and ``(B) child health assistance for individuals who are targeted low-income children and over 18 years of age and who are low-income children only because of an election by the State under section 2110(c)(1).''. (2) Conforming amendments.--Section 2104 of such Act (42 U.S.C. 1397dd) is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by inserting ``subject to subsection (d),'' after ``under this section,''; (B) in subsection (b)(1), by inserting ``and subsection (d)'' after ``Subject to paragraph (4)''; and (C) in subsection (c)(1), by inserting ``subject to subsection (d),'' after ``for a fiscal year,''. (c) Modification of Medicaid Caps for Territories.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (1) in subsection (f), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h) The Secretary shall provide for such increase in the limitations under subsections (f) and (g) with respect to each of the territories as may be necessary for each such territory to provide for an expansion of medicaid coverage to young adults described in section 1902(l)(1)(D).''. (d) Effective Date.--The amendments made by this section apply to items and services furnished on or after October 1, 2005, without regard to whether regulations implementing such amendments have been promulgated. SEC. 3. GRANTS TO IMPLEMENT MEDICAID AND SCHIP EXPANSIONS. (a) In General.--The Secretary of Health and Human Services shall provide for grants to States (as defined for purposes of titles XIX and XXI of the Social Security Act) in order to enable such States to implement expansions of eligibility for children and young adults their State medicaid plans under title XIX of the Social Security Act and State child health plans under title XXI of such Act. Such grants shall be available for planning, implementation, and outreach with respect to such expanded eligibility populations. (b) Terms and Conditions.--Grants under this section shall be made available under such terms and conditions, including the approval of a grant application, as the Secretary shall specify. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to provide for grants under this section.

Health Care for Young Adults Act of 2005 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) to permit states to provide Medicaid and SCHIP coverage of low-income youth up to age 23. Provides for additional SCHIP allotments for the provision of coverage to optional young adults. Amends SSA title XI to modify Medicaid caps for territories. Directs the Secretary of Health and Human Services to provide for grants to states in order to enable them to implement expansions of eligibility for children and young adults in their state Medicaid and state SCHIP plans.

To amend titles XIX and XXI of the Social Security Act to permit States to cover low-income youth up to age 23.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Although a 1991 Sudanese criminal law prohibited abduction, kidnapping, forced labor, unlawful confinement, and unlawful detention, and although Sudan categorically denies the practice of slavery in Sudan, slavery continues unabated in Sudan. (2) The United States Department of State's Country Human Rights Report for 1995 noted that ``government forces carried out massacres, extrajudicial kidnapping, forced labor, and slavery'' in Sudan. (3) Amnesty International reports that the Government of Sudan abducted women and children from Northern Bahr al-Ghazal and the Nuba Mountains and during one of the raids of April and May of 1995 in the Babanusa to Wau area, 500 women and 150 children were taken as slaves. (4) In April 1996, a report by the United Nations Special Representative for Sudan, Gaspar Biro, reported ``an alarming increase in cases of slavery, servitude, slave trade and forced labor''. The taking of slaves, particularly in war zones, and their export to parts of central and northern Sudan, continues in Sudan. (5) Amnesty International reports that Sudan is party to the International Covenant on Civil and Political Rights, the African Charter on Human and People's Rights, the Slavery Convention, and the Convention on the Rights of the Child. Yet, despite being a party to these agreements, slavery still exists in Sudan. SEC. 2. PROHIBITION OF ECONOMIC ASSISTANCE, MILITARY ASSISTANCE, OR ARMS TRANSFERS TO THE GOVERNMENT OF SUDAN AND THE GOVERNMENTS OF CERTAIN OTHER FOREIGN COUNTRIES. (a) Prohibition on Assistance to Government of Sudan.--The President may not provide economic assistance, military assistance, or arms transfers to the Government of Sudan unless the President certifies to the Congress that such Government has taken appropriate action to eliminate chattel slavery in Sudan, including-- (1) the enactment of antislavery laws that provide appropriate punishment for violators of such laws; and (2) the rigorous enforcement of such laws. (b) Prohibition on Assistance to Governments of Certain Other Foreign Countries.--The President may not provide economic assistance, military assistance, or arms transfers to the government of any foreign country that participates, or is otherwise involved, in the establishment or conduct of slavery originating from Sudan, directly or indirectly. (c) Definitions.--As used in this section: (1) Economic assistance.--The term ``economic assistance'' means any assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and any assistance under chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.) (relating to economic support fund), except that such term does not include humanitarian assistance. (2) Military assistance or arms transfers.--The term ``military assistance or arms transfers'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) (relating to military assistance), including the transfer of excess defense articles under sections 516 through 519 of that Act (22 U.S.C. 2321j through 2321m); (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training); (C) assistance under the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act (22 U.S.C. 2763); or (D) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778). SEC. 3. ESTABLISHMENT OF SLAVERY MONITOR IN SUDAN. The Secretary of State shall designate an individual who is assigned to the diplomatic mission in Khartoum, Sudan, to be responsible for monitoring slavery in Sudan, when such diplomatic mission is reestablished. SEC. 4. REPORT ON SLAVERY IN SUDAN. Not later than 90 days after the date of the enactment of this Act, and every 6 months thereafter, the President shall prepare and transmit to the Congress a report that describes all forms of covert and overt forms of slavery in Sudan. SEC. 5. MULTILATERAL MEASURES TO ELIMINATE SLAVERY IN SUDAN. (a) Requirement To Oppose Assistance to Sudan From Certain International Financial Institutions.--The President shall instruct the United States representative to each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any assistance from that financial institution to Sudan until the Government of Sudan has taken the actions described in section 2(a) to eliminate chattel slavery in Sudan. (b) Cooperation With Other Countries To Apply United States Sanctions Against Sudan.--The President shall instruct the United States permanent representative to the United Nations to actively pursue the passage of any resolution by the United Nations Security Council that enhances the cooperation of other countries in the application of the spirit and intent of the sanctions against Sudan described in this Act and in any other Act. (c) Sense of the Congress Relating to Access by Humanitarian Assistance Organizations Within Sudan.--It is the sense of the Congress that the President should work with foreign countries and appropriate international organizations to ensure that humanitarian assistance organizations have access to all parts of Sudan for the purpose of assisting individuals who have been enslaved to resettle in Sudan.

Prohibits the President from providing economic assistance, military assistance, or arms transfers to Sudan (or to any foreign country involved in chattel slavery in Sudan) unless he certifies to the Congress that Sudan has taken action to eliminate chattel slavery, including: (1) enactment of antislavery laws that punish violators; and (2) rigorous enforcement of such laws. Directs the Secretary of State to designate an individual from the diplomatic mission in Khartoum, Sudan, for monitoring slavery there. Requires the President to report to the Congress on all forms of covert and overt forms of slavery in Sudan. Directs the President to instruct: (1) the U.S. representative to each international financial institution to oppose any assistance to Sudan until it has taken action to eliminate chattel slavery; and (2) the U.S. permanent representative to the United Nations to pursue passage of any U.N. Security Council resolution that enhances cooperation of other countries in applying sanctions against Sudan. Expresses the sense of the Congress that the President should work with foreign countries and appropriate international organizations to ensure that humanitarian assistance organizations have access to all parts of Sudan for the purpose of assisting individuals who have been enslaved to resettle in Sudan.

To prohibit economic assistance, military assistance, or arms transfers to the Government of Sudan until appropriate action is taken to eliminate chattel slavery in Sudan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Protection Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Access to safe, legal abortion services is essential to women's health and central to women's ability to participate equally in the economic and social life of the United States. (2) Access to safe, legal abortion services has been hindered in the United States in various ways, including blockades of health care facilities and associated violence; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements and restrictions that single out abortion providers and those seeking their services, and which do not further women's health or the safety of abortion, but harm women by reducing the availability of services. (3) In the early 1990s, protests and blockades at health care facilities where abortions were performed, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103-259) to address that situation and ensure that women could physically access abortion services. (4) Since 2010, there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women's health and their ability to access safe abortion services by interfering with health care professionals' ability to provide such services. Congressional action is now necessary to put an end to these restrictions. In addition, there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women, such as bans on abortion prior to viability. (5) Legal abortion is one of the safest medical procedures in the United States. That safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures. (6) Many State and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures. Though described by their proponents as health and safety regulations, many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women's health. Also, these restrictions interfere with women's personal and private medical decisions, make access to abortion more difficult and costly, and even make it impossible for some women to obtain those services. (7) These restrictions harm women's health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services, which reduce unintended pregnancies and thus abortions, and screenings for cervical cancer and sexually transmitted infections. These harms fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas. (8) The cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives. Federal legislation putting a stop to harmful restrictions throughout the United States is necessary to ensure that women in all States have access to safe abortion services, an essential constitutional right repeatedly affirmed by the United States Supreme Court. (9) Congress has the authority to protect women's ability to access abortion services pursuant to its powers under the Commerce Clause and its powers under section 5 of the Fourteenth Amendment to the Constitution to enforce the provisions of section 1 of the Fourteenth Amendment. (b) Purpose.--It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services. It is not the purpose of this Act to address all threats to access to abortion (for example, this Act does not apply to clinic violence, restrictions on insurance or medical assistance coverage of abortion, or requirements for parental consent or notification before a minor may obtain an abortion) which Congress should address through separate legislation as appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Abortion.--The term ``abortion'' means any medical treatment, including the prescription of medication, intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth, to remove an ectopic pregnancy, or to remove a dead fetus. (2) Abortion provider.--The term ``abortion provider'' means a health care professional who performs abortions. (3) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or individual acting under color of law of the United States, a State, or a subdivision of a State. (4) Health care professional.--The term ``health care professional'' means a licensed medical professional (including physicians, certified nurse-midwives, nurse practitioners, and physician assistants) who is competent to perform abortions based on clinical training. (5) Medically comparable procedures.--The term ``medically comparable procedures'' means medical procedures that are similar in terms of risk, complexity, duration, or the degree of sterile precaution that is indicated. (6) Pregnancy.--The term ``pregnancy'' refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (7) State.--The term ``State'' includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (8) Viability.--the term ``viability'' means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care professional, based on the particular facts of the case before her or him, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. SEC. 4. PROHIBITED MEASURES AND ACTIONS. (a) General Prohibitions.--The following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, they do not significantly advance women's health or the safety of abortion services, and they make abortion services more difficult to access: (1) A requirement that a medical professional perform specific tests or medical procedures in connection with the provision of an abortion, unless generally required for the provision of medically comparable procedures. (2) A requirement that the same clinician who performs a patient's abortion also perform specified tests, services or procedures prior, or subsequent, to the abortion. (3) A limitation on an abortion provider's ability to prescribe or dispense drugs based on current evidence-based regimens or her or his good-faith medical judgment, other than a limitation generally applicable to the medical profession. (4) A limitation on an abortion provider's ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (5) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (6) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (7) A requirement or limitation that prohibits or restricts medical training for abortion procedures, other than a requirement or limitation generally applicable to medical training for medically comparable procedures. (b) Other Prohibited Measures or Actions.-- (1) In general.--A measure or action directed at restricting the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection (a) shall be unlawful if such measure or action singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. (2) Prima facie case.--To make a prima facie showing that a measure or action is unlawful under paragraph (1) a plaintiff shall demonstrate that the measure or action involved-- (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women's access to abortion services based on one or more of the factors described in paragraph (3). (3) Factors.--Factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph (2)(B) include the following: (A) Whether the measure or action interferes with an abortion provider's ability to provide care and render services in accordance with her or his good- faith medical judgment. (B) Whether the measure or action is reasonably likely to delay some women in accessing abortion services. (C) Whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (D) Whether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required. (E) Whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the State. (F) Whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act. (G) The cumulative impact of the measure or action combined with other new or existing requirements or restrictions. (4) Defense.--A measure or action shall be unlawful under this subsection upon making a prima facie case (as provided for under paragraph (2)), unless the defendant establishes, by clear and convincing evidence, that-- (A) the measure or action significantly advances the safety of abortion services or the health of women; and (B) the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action. (c) Other Prohibitions.--The following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government: (1) A prohibition or ban on abortion prior to fetal viability. (2) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the pregnant woman's life or health. (3) A restriction that limits a pregnant woman's ability to obtain an immediate abortion when a health care professional believes, based on her or his good-faith medical judgment, that delay would pose a risk to the woman's health. (4) A measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability. (d) Limitation.--The provisions of this Act shall not apply to laws regulating physical access to clinic entrances, requirements for parental consent or notification before a minor may obtain an abortion, insurance coverage or medical assistance of abortion, or the procedure described in section 1531(b)(1) of title 18, United States Code. (e) Effective Date.--This Act shall apply to government restrictions on the provision of abortion services, whether statutory or otherwise, whether they are enacted or imposed prior to or after the date of enactment of this Act. SEC. 5. LIBERAL CONSTRUCTION. (a) Liberal Construction.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction.--Nothing in this Act shall be construed to authorize any government to interfere with a woman's ability to terminate her pregnancy, to diminish or in any way negatively affect a woman's constitutional right to terminate her pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. SEC. 6. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this Act. (2) Facility or professional.--A health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility's or professional's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs in an action under this section. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. SEC. 7. PREEMPTION. No State or subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons or circumstances, shall not be affected thereby.

Women's Health Protection Act of 2015 This bill prohibits any government from imposing on abortion services: a requirement that a medical professional perform specific tests or medical procedures; a requirement that the same clinician who performs a patient's abortion also perform additional tests, services or procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs or provide services via telemedicine; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at those facilities; a requirement that, prior to obtaining an abortion, a patient make medically unnecessary in-person visits to any individual or entity; a limitation on medical training for abortion procedures; a prohibition prior to fetal viability; a prohibition after fetal viability when continuation of the pregnancy would pose a risk to the woman's life or health; a restriction on a woman's ability to obtain an immediate abortion when a delay would pose a risk to the woman's health; or a restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion. A measure or action that is similar to a requirement or limitation listed above is prohibited if it singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services.

Women's Health Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs (MWDs) in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment.'' SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the armed forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS. (a) Veterinary Care.-- (1) In general.--Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 993. Military working dogs: veterinary care for retired military working dogs ``(a) In General.--The Secretary of Defense shall establish and maintain a system to provide for the veterinary care of retired military working dogs. ``(b) Eligible Dogs.--(1) A retired military working dog eligible for veterinary care under this section is any military working dog adopted under section 2583 of this title. ``(2) The veterinary care provided a military working dog under this section shall be provided during the life of the dog beginning on the date on which the dog is adopted under such section 2583. ``(c) Administration.--(1) The Secretary shall administer the system required by this section under a contract awarded by the Secretary for that purpose. ``(2)(A) The contract under this subsection shall be awarded to a private non-profit entity selected by the Secretary from among such entities submitting an application therefor that have such experience and expertise as the Secretary considers appropriate for purposes of this subsection. ``(B) An entity seeking the award of a contract under this subsection shall submit to the Secretary an application therefor in such form, and containing such information, as the Secretary shall require. ``(3) The term of any contract under this subsection shall be such duration as the Secretary shall specify. ``(d) Standards of Care.--(1) The veterinary care provided under the system required by this section shall meet such standards as the Secretary shall establish and from time to time update. ``(2) The standards required by this subsection shall include the following: ``(A) Provisions regarding the types of care to be provided to retired military working dogs. ``(B) Provisions regarding the entities (including private veterinarians and entities) qualified to provide the care. ``(C) Provisions regarding the facilities, including military installations, government facilities, and private facilities, in which the care may be provided. ``(D) A requirement that complete histories be maintained on the health and use in research of retired military working dogs. ``(E) Such other matters as the Secretary considers appropriate. ``(3) The Secretary shall consult with the board of directors of the non-profit private entity awarded the contract under subsection (c) in establishing and updating standards of care under this subsection. ``(e) Coverage of Costs.--(1) Except as provided in paragraph (2), any costs of operation and administration of the system required by this section, and of any veterinary care provided under the system, shall be covered by such combination of the following as the Secretary and the non-profit entity awarded the contract under subsection (c) jointly consider appropriate: ``(A) Contributions from the non-profit entity. ``(B) Payments for such care by owners or guardians of the retired military working dogs receiving such care. ``(C) Other appropriate non-Federal sources of funds. ``(2) Funds provided by the Federal Government-- ``(A) may not be used-- ``(i) to provide veterinary care under the system required by this section; or ``(ii) to pay for the normal operation of the non- profit entity awarded the contract under subsection (c); and ``(B) may be used to carry out the duties of the Secretary under subsections (a), (c), (d), and (f). ``(f) Regulations.--The Secretary shall prescribe regulations for the discharge of the requirements and authorities in this section, including regulations on the standards of care required by subsection (d).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 50 of such title is amended by adding at the end the following new item: ``993. Military working dogs: veterinary care for retired military working dogs.''. (b) Regulations.--The Secretary of Defense shall prescribe the regulations required by subsection (f) of section 993 of title 10, United States Code (as added by subsection (a) of this section), not later than 180 days after the date of the enactment of this Act. SEC. 5. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''.

Canine Members of the Armed Forces Act - Directs the Secretary of Defense (DOD) to classify military working dogs as canine members of the Armed Forces. Requires that such dogs no longer be classified as equipment. Provides that if a dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the dog may transferred to the 341st Training Squadron or to another location for adoption. Authorizes the acceptance of the donation of frequent traveler miles to facilitate the adoption of a dog. Directs the Secretary to establish and maintain a system to provide for the lifetime veterinary care of retired, adopted dogs. Requires the Secretary to administer the system under a contract awarded by the Secretary to a private non-profit entity. Requires such care to meet standards that the Secretary shall establish and periodically update. Requires any costs of the operation and administration of the system and of any veterinary care provided under the system to be covered by such combination of the following as the Secretary and the non-profit entity jointly consider appropriate: (1) contributions from the non-profit entity, (2) payments for such care by owners or guardians of such dogs, and (3) other appropriate non-federal sources of funds. Prohibits the use of federal funds to provide care or operate the system, except for funds used to establish or administer the system, establish standards of care, or prescribe related regulations. Directs the Secretary to create a decoration or other appropriate recognition to recognize dogs that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.

A bill to amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, care, and recognition of military working dogs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing America's Security through Strategic Redeployment from Iraq Act''. SEC. 2. CONGRESSIONAL FINDINGS. (a) First Principal Finding.--Ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for United States national security, the safety of members of the United States Armed Forces currently serving in Iraq, and stability in both Iraq and the Middle East. (b) Second Principal Finding.-- (1) Open-ended commitment is unsustainable.--An open-ended United States involvement in Iraq is not in the interest of United States national security, and United States military forces must be redeployed or risk becoming severely over- strained. (2) Supporting facts.-- (A) Currently, 40 percent of all United States Army equipment is in Iraq. (B) There is no Army unit currently in the United States in a state of readiness that would permit the unit to deploy anywhere another contingency might occur in the world. (c) Third Principal Finding.-- (1) Lengthy redeployment process.--Redeployment from Iraq will be a lengthy process. (2) Supporting facts.-- (A) Redeploying approximately 160,000 troops and 50,000 civilian contractors from Iraq and closing bases are logistically challenging, especially during conflict. (B) The critical consideration is the closure or turnover of the sixty-five Forward Operating Bases held by the United States Armed Forces in Iraq. (C) It takes on average 100 days to close just one Forward Operating Base, and any decision regarding the number of Forward Operating Bases to close at one time depends on surrounding strife and the fact that receiving facilities in Kuwait to prepare military vehicles for shipment to the United States or elsewhere can handle only 2 to 2\1/2\ brigade combat teams at a time and there are currently 40 brigade combat teams or their equivalent in Iraq. (D) Redeployment is the most vulnerable of military operations, particularly in this case because redeployment will rely on a single road, leading from Iraq to Kuwait. (E) For comparison purposes, the removal of 6,300 members of the Armed Forces from Somalia in 1993 took six months and actually required the deployment of another 19,000 troops to protect their withdrawal. (F) In view of the logistical challenges, it will take at least a year, more likely 15 to 20 months to complete redeployment of United States forces from Iraq. SEC. 3. DECLARATIONS OF POLICY. (a) First Declaration of Policy.-- (1) Need for comprehensive regional security plan.-- Congress declares that it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate redeployment of United States forces from Iraq. (2) Supporting details.-- (A) A comprehensive security plan is necessary for both the safety of United States forces in Iraq and the overall national security of the United States. (B) Redeployment would allow large numbers of members of the United States Armed Forces to return to the United States, while some forces could be deployed to areas, such as Afghanistan, where terrorists pose a threat to the national security of the United States or could remain at existing bases in Kuwait, Bahrain, the United Arab Emirates, or Qatar and on aircraft carrier and amphibious groups, to protect United States interests in the region. (b) Second Declaration of Policy.-- (1) Iraqi assumption of responsibility.--Congress declares that a planned end to United States involvement in Iraq will serve to force Iraqi leaders to assume responsibility for the security and governance of their country while providing Iran and Syria the incentive to prevent violence otherwise caused by the redeployment of United States forces. (2) Supporting details.-- (A) The United States intelligence community has found that Iran and Syria, currently involved destructively in the fighting in Iraq want stability in Iraq following redeployment, and can play a constructive role in improving security and stability in Iraq. (B) Because the redeployment of United States may take up to 20 months, there is an opportunity for a strategic approach to work diplomatically for political accommodation in Iraq with Iran and Syria (as well as Saudi Arabia and other countries in the region) during that timeframe. (c) Third Declaration of Policy.--Congress declares that while a ``date certain'' deadline for the redeployment of United States forces could force Iraqi leaders to assume responsibility and provide Iran and Syria the incentive to prevent violence that could result from the redeployment, a ``goal'' for the redeployment's end instead of a ``date certain'' is a necessary compromise in order to ensure a strategic approach for United States security and create a greater level of Iraqi stability in the aftermath of the redeployment. SEC. 4. REDEPLOYMENT REQUIREMENTS. (a) Redeployment Required.-- (1) Requirement.--Redeployment of United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall begin within three months after the date of the enactment of this Act. Within six months after the date of the enactment of this Act, troop levels shall be at least 15,000 below the pre- surge level of 130,000 troops. (2) Goal.--Except as provided in subsection (b), not later than twenty months after the date of the enactment of this Act, the goal is that all United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall be deployed outside of Iraq, to locations within the Middle East or Southwest Asia regions or to other regions or nations, or returned to the United States. (3) Purpose and pace of redeployment.--The redeployment required by this subsection shall be carried out for the purposes of both enhancing global security interests of the United States and improving the military readiness of the United States. The Secretary of Defense shall ensure that the redeployment is carried out at a deliberate, orderly pace that allows for the full security of members of the Armed Services. (b) Exceptions to Redeployment Requirement.--The redeployment required by subsection (a) shall not apply to the following: (1) Special operations forces and counter-terrorism operations.--Special operations forces assigned outside of Iraq that conduct either targeted counter-terrorism operations or periodic support operations of the Iraqi security forces in Iraq. (2) Military liaison teams.--Military or civilian personnel on military liaison teams involved in military-to-military contacts and comparable activities between the United States and Iraq, as authorized under section 168 of title 10, United States Code. (3) Air support.--Members of the Air Force, Navy, and Marine Corps assigned to locations outside Iraq for purposes of conducting air operations in Iraq (including air operations in support of combat operations) to support the Iraqi security forces. (4) Security for united states diplomatic missions in iraq.--Members of the Armed Forces providing security for the United States Embassy and other United States diplomatic missions in Iraq. (5) Defense attache.--Personnel conducting routine functions of the Office of Defense Attache. SEC. 5. LIMITATION ON USE OF FUNDS. Effective six months after the date of the enactment of this Act, funds appropriated or otherwise made available to the Department of Defense under any provision of law for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 members of the United States Armed Forces within Iraq, with a goal of no funding for troops in Iraq within twenty months after the date of the enactment of this Act. SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES. (a) United States Leadership.--The United States should take a leadership role in diplomatic efforts and negotiations necessary for countries in the region, including Iran and Syria, to work together to ensure the long-term stability of Iraq, which is in the best interests of such countries and the United States. (b) International Conference.--The United States should convene an international conference to bring together countries throughout the world to provide economic aid for rebuilding the infrastructure of Iraq and other reconstruction efforts in Iraq that are essential to ensure the long-term stability of Iraq and America's national security.

Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for U.S. national security, the safety U.S. Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East; (2) an open-ended U.S. involvement in Iraq is not in the interest of U.S. national security and U.S. military forces must be redeployed or risk becoming severely overstrained; and (3) redeployment from Iraq will be a lengthy process. Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate U.S. redeployment of forces from Iraq; (2) a planned end to U.S. involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the U.S. redeployment; and (3) a "goal" for the redeployment's end rather than a "date certain" end is a necessary compromise to ensure a strategic approach for U.S. security and to create to a greater level of post-redeployment Iraqi stability. States that: (1) with specified exceptions, redeployment of U.S. Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops; and (2) the goal is that all U.S. Armed Forces in Iraq shall be deployed outside of Iraq within 20 months. States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 U.S. Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months. States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq.

To provide a strategic approach to the war in Iraq to enhance the national security interests of the United States both at home and abroad, while ensuring the safety of the United States Armed Forces and ensuring stability in Iraq and the Middle East.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Flooding Awareness Act of 2014''. SEC. 2. URBAN FLOODING DEFINED. (a) In General.--In this Act, the term ``urban flooding'' means the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems, such as storm sewers. (b) Inclusions.--In this Act, the term ``urban flooding'' includes-- (1) situations in which stormwater enters buildings through windows, doors, or other openings; (2) water backup through sewer pipes, showers, toilets, sinks, and floor drains; (3) seepage through walls and floors; (4) the accumulation of water on property or public rights- of-way; and (5) the overflow from water bodies, such as rivers and lakes. (c) Exclusion.--In this Act, the term ``urban flooding'' does not include flooding in undeveloped or agricultural areas. SEC. 3. URBAN FLOODING STUDY. (a) Agreement With National Research Council.--The Administrator of the Federal Emergency Management Agency shall enter into an agreement with the National Research Council under which the National Research Council will conduct a study on urban flooding in accordance with the requirements of this section. (b) Contents.-- (1) General review and evaluation.--In conducting the study, the National Research Council shall review and evaluate the latest available research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. (2) Specific issue areas.--The study shall include, at a minimum, an examination of the following: (A) The prevalence and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and any clear trends in frequency and severity over the past 2 decades. (B) The adequacy of existing federally provided flood risk information and the most cost-effective methods and products to identify, map, or otherwise characterize the risk of property damage from urban flooding on a property-by-property basis, whether or not a property is in or adjacent to a 1-percent (100- year) flood plain, and the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners and their communities. (C) The causes of urban flooding and its apparent increase over the past 20 years, including the impacts of-- (i) global climate change; (ii) increasing urbanization and the associated increase in impervious surfaces; and (iii) undersized, deteriorating and otherwise ineffective stormwater infrastructure. (D) The most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding, with a focus on decentralized, easy-to- install, and low-cost approaches, such as nonstructural and natural infrastructure on public and private property. The examination under this subparagraph shall include an assessment of opportunities for implementing innovative strategies and practices on government- controlled land, such as Federal, State, and local roads, parking lots, alleys, sidewalks, buildings, recreational areas, and open space. (E) The role of the Federal Government and State governments, as conveners, funders, and advocates, in spurring market innovations based on public-private- nonprofit partnerships. Such innovations may include smart home technologies for improved flood warning systems connected to high-resolution weather forecast data and Internet- and cellular-based communications systems. (F) The most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government, including-- (i) the potential for establishing a State revolving fund program for flood prevention projects similar to the revolving fund programs under the Federal Water Pollution Control Act and the Safe Drinking Water Act; (ii) stormwater fee programs using impervious surface as the basis for fee rates and providing credits for the installation of flood prevention or other stormwater management features; (iii) grant programs; and (iv) public-private partnerships. (G) Information and education strategies and practices, including nontraditional approaches such as the use of social media, for community leaders, government staff, and property owners on-- (i) flood risks; (ii) flood risk reduction strategies and practices; and (iii) the availability and effectiveness of different types of flood insurance policies. (H) The relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains, and strategies for broadening coverage and increasing participation under the programs. (I) Strategies for protecting downstream communities from the flooding impacts of development in upstream communities, including a review of-- (i) potential standards for watershed-wide flood protection planning; and (ii) the potential establishment of streamlined legal processes for victims of flood damage, to avoid the need for expensive litigation. (c) Consultation.--The Administrator of the Federal Emergency Management Agency shall carry out this section in consultation with the Secretary of the Army (acting through the Chief of Engineers), the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and State, regional, and local stormwater management agencies, and such other interested parties as the Administrator of the Federal Emergency Management Agency considers appropriate. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Financial Services and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate a report containing the findings of the National Research Council based on the results of the study, including recommendations for implementation of strategies, practices, and technologies relating to urban flooding by Congress and the executive branch.

Urban Flooding Awareness Act of 2014 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to enter into an agreement with the National Research Council to conduct a study on urban flooding. Defines "urban flooding" as the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems. Directs the Council to evaluate the latest research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. Requires the Council's study to include an examination of: the prevalence of and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and trends in frequency and severity over the past two decades; the adequacy of federally provided flood risk information and the most cost-effective methods and products to characterize the risk of property damage from urban flooding on a property-by-property basis; the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners; the causes of urban flooding and its apparent increase over the past 20 years; the most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding; the role of the federal government and state governments in spurring market innovations based on public-private-nonprofit partnerships; the most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government; the relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains and strategies for broadening coverage and increasing participation under the Program; and strategies for protecting downstream communities from the flooding impacts of development in upstream communities.

Urban Flooding Awareness Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Relocation Improvement Act of 2008''. SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM RELOCATION PROCESS. (a) Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended to read as follows: ``(1) Eligible federal entities.--Any Federal entity, as defined in subsection (i), that operates a Federal Government station assigned to a band of eligible frequencies, as described in paragraph (2), and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund if the Federal entity is found by the Office of Management and Budget (`OMB') to comply with the requirements of this section and section 118. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) are eligible to receive payment under this paragraph.''. (b) Public Information on Relocation Process.--Section 113(g) of such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Public notice of relocation plans.-- ``(A) Not later than 60 days after the date on which the NTIA, on behalf of eligible Federal entities and after review by OMB, notifies the Commission of estimated relocation costs and timelines for such relocation as required by subsection (g)(4)(A), NTIA shall post on its website detailed transition plans from each of the eligible Federal entities. Each Federal entity's transition plan shall provide the public with the following information about its spectrum relocation requirements: ``(i) Current use of the spectrum. ``(ii) Geographic location of the Federal entities' facilities or systems. ``(iii) Frequency bands used by such facilities or systems, described by geographic location. ``(iv) The steps to be taken by the Federal entity to relocate its current spectrum uses from the eligible frequencies, detailed according to timelines for specific geographic locations in sufficient detail to indicate when use of such frequencies at specific locations will be shared between the Federal entity and the commercial licensee. ``(v) The specific interactions between eligible Federal entities and NTIA needed to implement the transition plan. ``(vi) The professional staff, including managers, who are responsible for the Federal entity's relocation efforts and who are authorized to meet and negotiate with commercial licensees regarding the relocation process. ``(vii) The Federal entity's plans and timeline for using relocation funds received from the Spectrum Relocation Fund. ``(viii) The Federal entity's plans and timeline for procuring new equipment and additional personnel needed for the relocation. ``(ix) The Federal entity's plans and timeline for field-testing and deploying new equipment needed in the relocation. ``(x) The Federal entity's plans and timeline for hiring and relying on contract personnel, if any. ``(xi) Risk factors in the relocation process that could affect the Federal entity's fulfillment of its transition plan. ``(B) To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund-- ``(i) Federal entities shall make the transition plans described in this subsection available to NTIA at least 60 days prior to the date that NTIA must make such plans publicly available on its website pursuant to subparagraph (A), in a common format to be specified by NTIA after public input; and ``(ii) each transition plan shall be evaluated by a standing 3-member technical panel (in this section referred to as the `Technical Panel'), which shall report to NTIA and to the Federal entity, within 30 days after the plan's submission to NTIA, on the sufficiency of the plan under this paragraph, including whether the required public information is included and whether proposed timelines and estimated relocation costs are reasonable. ``(C) The Director of OMB, the Administrator of NTIA, and the Chairman of the FCC shall each appoint one member to the Technical Panel, and each such member shall be a radio engineer or technical expert not employed by, or a paid consultant to, any Federal or State governmental agency. NTIA shall adopt regulations to govern the workings of the Technical Panel after public notice and comment, subject to OMB approval, and the members of the Technical Panel shall be appointed, within 180 days of the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(D) If any of the information otherwise required in subparagraph (g)(6) is `classified information,' as that term is defined in section 798(b) of title 18, United States Code, the Federal entity's transition plan shall explain the exclusion of any such information as specifically as possible, shall make all relevant non-classified information available in its transition plan, and shall discuss as a risk factor the extent of the classified information and the effect on the relocation process of the classified information.''. (c) Sharing and Coordination of Spectrum Between Commercial Licensees and Federal Entities During Relocation Transition.--Section 118 of such Act (47 U.S.C. 928) is amended by adding at the end the following new subsections: ``(f) Eligibility for Payment of Relocation Costs.-- ``(1) Spectrum sharing.--To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) in its transition plan for relocating its current spectrum uses, provide, to the fullest extent possible, for sharing and coordination of eligible frequencies with commercial licensees, including reasonable accommodation by the Federal entity for the use of eligible frequencies by the commercial licensee during the period that the Federal entity is relocating its spectrum uses (in this subsection referred to as the `transition period'); ``(B) during the transition period, make itself available, within 30 days after a written request, for negotiation and discussion with commercial licensees; and ``(C) during the transition period, make available to a commercial licensee with appropriate security clearances any `classified information' as that term is defined in section 798(b) of title 18, United States Code, regarding the relocation process, on a need-to- know basis, to assist the commercial licensee in the relocation process with that Federal entity or other Federal entities. ``(2) Timely and successful completion of relocation.--In addition to the conditions of paragraph (1), to be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity must-- ``(A) complete the relocation of its current spectrum uses not later than 1 year after the date upon which funds are transferred to the entity to fund the relocation unless, prior to the date that NTIA is required to post publicly the Federal entity's transition plan, the Federal entity receives written approval from OMB, with advice of NTIA, for a different time period for completion; and ``(B) make available to NTIA, not later than 15 days prior to the date that is the halfway point of the time period described in subparagraph (A), a complete update of its transition plan. NTIA shall post such update publicly on its website not later than the date that is the halfway point of the time period described in subparagraph (A). ``(3) Nothing in paragraphs (1) or (2) shall be construed to adversely affect critical communications related to the mission of any Federal entity. ``(4) Subject to subsection (d), payments for relocation costs from the Spectrum Relocation Fund shall be made to an eligible Federal entity not later than 30 days after the grant of the first license following the close of the auction. ``(g) Dispute Resolution Process.-- ``(1) If, during the spectrum relocation process, a dispute arises over the execution, timing, or cost of the Federal entity's transition plan, either the Federal entity or the affected commercial licensee may seek resolution of the dispute from a 3-member dispute resolution board, consisting of a representative of OMB, NTIA, and the Commission, and chaired by the representative of OMB. ``(2) The dispute resolution board shall meet with representatives of the Federal entity and the commercial licensee together to discuss the dispute. The dispute resolution board may require the parties to make written submissions to it. The dispute resolution board shall rule on any dispute within 28 days after the date that the dispute was brought before it. ``(3) The dispute resolution board shall be assisted by the Technical Panel described in section 113(g)(6)(C). ``(4) Subject to OMB approval, NTIA shall adopt regulations to govern the working of the dispute resolution board and the role of the Technical Panel after public notice and comment within 180 days after the date of enactment of the Spectrum Relocation Improvement Act of 2008. ``(5) Appeals may be taken from decisions of the dispute resolution board to the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal with that court within 30 days after the date of such decision. Each party shall bear its own costs and expenses, including attorneys' fees, for any litigation to enforce this subsection or any decision rendered under it.''.

Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.

To amend the National Telecommunications and Information Administration Organization Act to improve the process of reallocation of spectrum from Federal government uses to commercial uses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004''. SEC. 2. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS TO ADDRESS NURSING SHORTAGES AT DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE FACILITIES. (a) Pilot.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall designate a health-care service region, or a section within such a region, in which health-care facilities of the Department of Veterans Affairs are adversely affected by a shortage of qualified nurses. (2) The Secretary shall conduct a pilot program in the region or section designated under paragraph (1) to determine the effectiveness of the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for positions at Department health-care facilities and for the retention of nurses at such facilities. In carrying out the pilot program, the Secretary shall enter into a contract with a private-sector entity for services under the pilot program for recruitment of qualified nurses. (b) Private-Sector Recruitment Practices.--For purposes of the pilot program under this section, the Secretary shall identify and use recruitment practices that have proven effective for placing qualified individuals in positions that are difficult to fill due to shortages of qualified individuals or other factors. Recruitment practices to be reviewed by the Secretary for use in the pilot program shall include-- (1) employer branding and interactive advertising strategies; (2) Internet technologies and automated staffing systems; and (3) the use of recruitment, advertising, and communication agencies. (c) Streamlined Hiring Process.--In carrying out the pilot program under this section, the Secretary shall, at health-care facilities of the Department in the region or section in which the pilot program is conducted, revise procedures and systems for selecting and hiring qualified nurses to reduce the length of the hiring process. If the Secretary identifies measures to streamline and automate the hiring process that can only be implemented if authorized by law, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives recommendations for such changes in law as may be necessary to enable such measure to be implemented. (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department of Veterans Affairs health-care facilities. SEC. 3. ALTERNATE WORK SCHEDULES FOR NURSES. (a) Enhanced Shift Flexibility.--Chapter 74 of title 38, United States Code, is amended by inserting after section 7456 the following new section: ``Sec. 7456a. Alternate work schedules ``(a) Applicability.--This section applies to registered nurses appointed under this chapter. ``(b) 36/40 Work Schedule.--(1) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at a Department health-care facility, the Secretary may provide, in the case of registered nurses employed at that facility, that such a nurse who works three regularly scheduled 12-hour tours of duty within a workweek shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full 40-hour basic workweek. Such a schedule may be referred to as a `36/40 work schedule'. ``(2)(A) Basic and additional pay for a registered nurse who is considered under paragraph (1) to have worked a full 40-hour basic workweek is subject to subparagraphs (B) and (C). ``(B) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled 36-hour tour of duty within the workweek shall be derived by dividing the nurse's annual rate of basic pay by 1,872. ``(C)(i) Such a nurse who performs a period of service in excess of such nurse's regularly scheduled 36-hour tour of duty within a workweek is entitled to overtime pay under section 7453(e) of this title, or other applicable law, for officially ordered or approved service performed in excess of-- ``(I) eight hours on a day other than a day on which such nurse's regularly scheduled 12-hour tour falls; ``(II) 12 hours for any day included in the regularly scheduled 36-hour tour of duty; and ``(III) 40 hours during an administrative workweek. ``(ii) Except as provided in clause (i), a registered nurse to whom this subsection is applicable is not entitled to additional pay under section 7453 of this title, or other applicable law, for any period included in a regularly scheduled 12-hour tour of duty. ``(3) A nurse who works a 36/40 work schedule described in this subsection who is absent on approved sick leave or annual leave during a regularly scheduled 12-hour tour of duty shall be charged for such leave at a rate of ten hours of leave for nine hours of absence. ``(c) 7/7 Work Schedule--(1) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at a Department health-care facility, the Secretary may provide, in the case of registered nurses employed at such facility, that such a nurse who works seven regularly scheduled 10-hour tours of duty, with seven days off duty, within a two-week pay period, shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full 80 hours for the pay period. Such a schedule may be referred to as a `7/7 work schedule'. ``(2)(A) Basic and additional pay for a registered nurse who is considered under paragraph (1) to have worked a full 80-hour pay period is subject to subparagraphs (B) and (C). ``(B) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled 70-hour tour of duty within the pay period shall be derived by dividing the nurse's annual rate of basic pay by 1,820. ``(C)(i) Such a nurse who performs a period of service in excess of such nurse's regularly scheduled 70-hour tour of duty within a pay period is entitled to overtime pay under section 7453(e) of this title, or other applicable law, for officially ordered or approved service performed in excess of-- ``(I) eight hours on a day other than a day on which such nurse's regularly scheduled 10-hour tour falls; ``(II) 10 hours for any day included in the regularly scheduled 70-hour tour of duty; and ``(III) 80 hours during a pay period. ``(ii) Except as provided in subparagraph (i), a registered nurse to whom this subsection is applicable is not entitled to additional pay under section 7453 of this title, or other applicable law, for any period included in a regularly scheduled 10-hour tour of duty. ``(3) A nurse who works a 7/7 work schedule described in this subsection who is absent on approved sick leave or annual leave during a regularly scheduled 12-hour tour of duty shall be charged for such leave at a rate of eight hours of leave for seven hours of absence. ``(d) 9-Month Work Schedule.--The Secretary may authorize a registered nurse appointed under section 7405 of this title, with the nurse's written consent, to work full-time for nine months with three months off duty, within a fiscal year, and be paid at 75 percent of the full-time rate for such nurse's grade for each pay period of that fiscal year. A nurse working on such a schedule for any fiscal year shall be considered a \3/4\ full-time equivalent employee for that fiscal year in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings. Service on such a schedule shall be considered to be part-time service for purposes of computing benefits under chapters 83 and 84 of title 5. ``(e) Regulations.--The Secretary shall prescribe regulations for the implementation of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by inserting after the item relating to section 7456 the following new item: ``7456a. Alternate work schedules.''. SEC. 4. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID POSITIONS IN VETERANS HEALTH ADMINISTRATION. Section 7401(3) of title 38, United States Code, is amended-- (1) by striking ``and dental technologists'' and inserting ``technologists, dental hygienists, dental assistants''; and (2) by striking ``technicians, therapeutic radiologic technicians, and social workers'' and inserting ``technologists, therapeutic radiologic technologists, social workers, blind rehabilitation specialists, and blind rehabilitation outpatient specialists''. SEC. 5. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1743 the following new section: ``Sec. 1744. Hiring and retention of nurses: payments to assist States ``(a) Payment Program.--The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. ``(b) Eligible Recipients.--Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year-- ``(1) receives per diem payments under this subchapter for that fiscal year; and ``(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. ``(c) Use of Funds Received.--A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. ``(d) Limitations on Amount of Payment.--(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. ``(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. ``(e) Applications.--A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. ``(f) Source of Funds.--Payments under this section shall be made from funds available for other payments under this subchapter. ``(g) Disbursement.--Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. ``(h) Use of Certain Receipts.--The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. ``(i) Annual Report From Payment Recipients.--Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: ``1744. Hiring and retention of nurses: payments to assist States.''. (b) Implementation.--The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final. SEC. 6. TECHNICAL CLARIFICATION. Section 8111(d)(2) of title 38, United States Code, is amended by inserting before the period at the end of the last sentence the following: ``and shall be available for any purpose authorized by this section''. SEC. 7. UNDER SECRETARY FOR HEALTH. Section 305(a)(2) of title 38, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``shall be a doctor of medicine and''; and (2) in subparagraph (A), by striking ``and in health-care'' and inserting ``or in health-care''. Passed the House of Representatives September 30, 2004. Attest: JEFF TRANDAHL, Clerk.

Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004 - Directs the Secretary of Veterans Affairs to designate a health care service region, or section within such a region, in which health care facilities of the Department of Veterans Affairs are adversely affected by a shortage of qualified nurses, and to conduct a pilot program in such region or section on the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for such positions. Requires the Secretary, as part of the pilot program, to: (1) identify and use private-sector nurse recruitment practices that have proven effective; and (2) revise procedures and systems to reduce the length of the hiring process. Requires a report from the Secretary to the congressional veterans' committees on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department health-care facilities. Authorizes the Secretary, with respect to appointed nurses, to provide: (1) a three 12-hour day work schedule, with authorized overtime after a 36-hour workweek; (2) a seven day, 10-hour work schedule for each two-week period, with authorized overtime after working 80 hours within such period; and (3) a nine-month work period with three months off, with such nurses paid at 75 percent of the full-time rate. Includes dental hygienists, dental assistants, and blind rehabilitation specialists within those positions which the Secretary is authorized to make appointments. Authorizes the Secretary to make payments to States to assist State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. Limits payment amounts. Requires, from each State home receiving such assistance, an annual report to the Secretary on the use of such funds. Removes the requirement that the Department's Under Secretary for Health be a doctor of medicine.

To provide for a pilot program in the Department of Veterans Affairs to improve recruitment and retention of nurses, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Positive Train Control Safety Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Implementation deadline. Sec. 3. Transparency. Sec. 4. Positive train control on high-hazard flammable trains. Sec. 5. Coordination of spectrum. Sec. 6. Confidential close call reporting systems. Sec. 7. Commuter rail track inspections. Sec. 8. Positive train control at grade crossings effectiveness study. Sec. 9. Redundant signal protection. SEC. 2. IMPLEMENTATION DEADLINE. Section 20157 of title 49, United States Code, is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: ``(h) Extension.-- ``(1) In general.--After transmitting the report under subsection (d), the Secretary may extend the implementation deadline, in 1-year increments, upon application, if the Secretary-- ``(A) determines that-- ``(i) full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, and interoperability standards; ``(ii) the applicant has demonstrated good faith in its positive train control implementation; and ``(iii) the applicant has presented a revised positive train control implementation plan indicating how it will fully implement positive train control as soon as feasible, and not later than December 31, 2018; and ``(B) has taken into consideration-- ``(i) whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant's positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations; and ``(ii) the risk of operational failure to the affected service areas and the applicant. ``(2) Application review.--Not later than 120 days after the Secretary receives an application under paragraph (1), the Secretary review and approve or disapprove the application. ``(3) Maximum extension.--The Secretary may extend the implementation deadline for an applicant whose application is under review, but may not extend the implementation deadline beyond June 30, 2016.''. SEC. 3. TRANSPARENCY. Section 20157(a) of title 49, United States Code, as amended by section 2, is further amended by adding at the end the following: ``(3) Progress reports.-- ``(A) In general.--Beginning 6 months after the date of the enactment of the Positive Train Control Safety Act, and annually thereafter until its positive train control system is certified by the Secretary under subsection (h), each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, required to submit a plan under paragraph (1) shall submit a progress report to the Secretary on the status of the plan. ``(B) Contents.--Each progress report submitted under subparagraph (A) shall include-- ``(i) a section describing-- ``(I) the total number of positive train control components required; ``(II) the number of such components that have been installed, equipped, or deployed; ``(III) the number of components that remain to be installed, equipped, or deployed; and ``(IV) an estimated completion date for full positive train control system completion; ``(ii) a section summarizing-- ``(I) the number of employees requiring training under section 236.1041 of title 49, Code of Federal Regulations; and ``(II) the status of such training activities; and ``(iii) a section summarizing the remaining challenges to full positive train control system implementation, including-- ``(I) testing issues; ``(II) interoperability challenges; and ``(III) certification challenges. ``(C) Defined term.--In this paragraph, the term `component' means a locomotive apparatus, a wayside interface unit, switches in non-signal positive train control territory, a base station radio, a wayside radio, or a locomotive radio. ``(D) Public availability.--Not later than 30 days after receiving a progress report under this paragraph, the Secretary shall make the report available on the website of the Federal Railroad Administration.''. SEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAMMABLE TRAINS. Section 20157(a)(1) of title 49, United States Code, as amended by this Act, is further amended-- (1) by striking ``Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each'' and inserting ``Each''; (2) in subparagraph (B)-- (A) by striking ``parts'' and inserting ``sections''; and (B) by striking ``transported; and'' and inserting ``transported on or after December 31, 2015;''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B), the following: ``(C) its main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material (as described in section 172.101 of title 49, Code of Federal Regulations) are transported; and''. SEC. 5. COORDINATION OF SPECTRUM. (a) Coordination of Spectrum.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20168. Electromagnetic spectrum ``Not later than 120 days after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation, in coordination with the Chairman of the Federal Communications Commission, shall assess spectrum needs and availability for implementing positive train control systems (as defined in section 20157(j)). In carrying out this section, the Secretary and the Chairman may consult with external stakeholders.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20167 the following: ``20168. Electromagnetic spectrum.''. SEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by section 6(a), is further amended by adding at the end the following: ``Sec. 20169. Confidential close call reporting systems ``(a) Rulemaking.--Not later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary shall promulgate regulations setting forth the requirements that an applicable railroad carrier shall follow in establishing a confidential close call reporting system program. The Secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing regulations under this subsection, including continuing the use of third parties for the collection of close call reports and distribution of close call data. The Secretary shall ensure that an applicable railroad carrier's employees receive protection under its program from any related Federal Railroad Administration enforcement actions. ``(b) Program Development and Oversight.-- ``(1) In general.--Not later than 180 days after the date on which final regulations are promulgated under subsection (a), an applicable railroad carrier shall develop and submit a proposed confidential close call reporting system program to the Secretary for review and approval. ``(2) Contents.--The proposal submitted by a railroad carrier under paragraph (1) shall-- ``(A) a describe the core principles and values of its proposed program; ``(B) explain the rights, roles, and responsibilities of program stakeholders; ``(C) identify concerns and interests; and ``(D) describe how the program will operate. ``(3) Review.-- ``(A) In general.--The Secretary shall review and approve or disapprove each proposed program within a reasonable amount of time. If a proposed program is not approved, the Secretary shall notify the applicable railroad carrier in writing of the specific areas in which the proposed program is deficient. The applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. ``(B) Updates.--An applicable railroad carrier shall update its program as needed and obtain the Secretary's approval prior to making any major changes to its program. ``(C) Annual reviews.--The Secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its approved program. ``(c) In General.--Not later than 2 years after the date of the enactment of the Positive Train Control Safety Act, each applicable railroad carrier shall establish a confidential close call reporting system. ``(d) Program Elements.--Each applicable railroad carrier shall-- ``(1) provide a safe environment for its employees to report unsafe events and conditions; ``(2) for unsafe events and conditions reported within the scope of a confidential close call reporting system, ensure that its employees are protected from railroad carrier discipline; ``(3) use information collected through the confidential close call reporting system to develop and implement targeted corrective actions, as appropriate; and ``(4) use information collected by the system to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents. ``(e) Consensus.-- ``(1) In general.--Each applicable railroad carrier shall consult with, employ good faith with, and use its best efforts to reach agreement with all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, on the development and implementation of the proposed program. ``(2) Statements.--If an applicable railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, cannot reach consensus on the development and implementation of the proposed program, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the proposed program on which consensus was not reached. The Secretary shall consider such views during review of the proposed program under subsection (b)(3)(A). ``(f) Voluntary Program Establishment.--Any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section. This section, and any regulations promulgated under this section, shall apply to a program that is voluntarily established. ``(g) Use of Data.--The Secretary may use the confidential close call reporting data when-- ``(1) implementing or updating the Federal Railroad Administration's National Inspection Plan; ``(2) performing focused inspections; or ``(3) developing agency rulemakings and guidance, as appropriate. ``(h) Defined Term.--In this section, the term `applicable railroad carrier' means a railroad carrier that-- ``(1) is a Class I railroad; ``(2) has inadequate safety performance, as determined by the Secretary; or ``(3) provides intercity rail passenger or commuter rail passenger transportation. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary-- ``(1) to implement this section; and ``(2) to support the nationwide implementation of confidential close call reporting system programs, as the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, as amended by section 7(b), is further amended by adding at the end the following: ``20169. Confidential close call reporting systems.''. SEC. 7. COMMUTER RAIL TRACK INSPECTIONS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following: ``Sec. 20170. Commuter rail track inspections ``(a) In General.--When performing a required inspection under subpart F of part 213 of title 49, Code of Federal Regulations, a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines (as described in section 213.233(b)(3) of title 49, Code of Federal Regulations) shall-- ``(1) at least once each 2 weeks-- ``(A) traverse each main line by vehicle; or ``(B) inspect each main line on foot; and ``(2) at least once each month, traverse and inspect each siding by vehicle or by foot. ``(b) Construction.--Nothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following: ``20170. Commuter rail track inspections.''. SEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS STUDY. (a) In General.--The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, shall conduct a study of the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to conduct the study described in subsection (a). SEC. 9. REDUNDANT SIGNAL PROTECTION. Not later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation shall promulgate such regulations as the Secretary considers necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

Positive Train Control Safety Act This bill authorizes the Department of Transportation (DOT) to extend the deadline, in one-year increments, for implementation of positive train control systems if full implementation by the existing deadline will likely be infeasible due to circumstances beyond the control of the applicant, and other certain other criteria are met. Each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, must submit annual progress reports to DOT on the status of fits implementation plan. Such plans shall now be required for any such carrier or entity governing operations on a main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material are transported. DOT shall assess electromagnetic spectrum needs and availability for implementing positive train control systems. Applicable railroad carriers shall establish a confidential close call reporting system program subject to DOT regulations. A railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines, when performing a required inspection, shall: at least once each two weeks traverse each line by vehicle or inspect each main line on foot, and at least once each month traverse and inspect each siding by vehicle or by foot. DOT shall: study the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings; and promulgate regulations to require that on-track safety programs, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

Positive Train Control Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Mourn in Peace Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The greatness of America is measured in many ways but nowhere is it better reflected than in the costs paid by the men and women who voluntarily assumed the risk of defending the freedoms guaranteed by the Constitution and who, without reluctance or mental reservation, made the supreme sacrifice for their country. (2) It is altogether fitting and proper for the friends and families of those fallen in battle to be able to mourn their loss in peace and take comfort and pride in the consolation that comes from the certain knowledge that they laid so costly a sacrifice on the altar of freedom. (3) That to secure this temporary but hallowed moment of peace, reflection, and healing, it is appropriate to place reasonable restrictions on those individuals and groups who seek to use the occasion of a funeral, burial, or memorial service of a veteran to stage a public demonstration intended to turn a private gathering of private persons into a public spectacle for the unconscionable purpose of attracting public attention and gratuitously inflicting unnecessary emotional pain on the deceased veteran's families and friends. (4) Funerals, memorial services, and bereavement ceremonies are special events warranting special respect for the deceased and due regard for the emotional well-being of the bereaved whose memories of the final moments before their loved one is laid to rest may be permanently stained were the occasion allowed to be exploited by others for the purpose of attracting public attention by the intentional infliction of emotional distress on the loved ones of the deceased. (5) The First Amendment that veterans risked their lives to defend and preserve is broad and strong enough to protect vigorous and robust public debate on public issues and generous enough to accommodate the natural desire and need of relatives and loved ones to be free to mourn their loss in peace. SEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FUNERALS, MEMORIAL SERVICES, AND CEREMONIES FOR VETERANS ARE HELD. (a) In General.--Section 2413 of title 38, United States Code, is amended to read as follows: ``Sec. 2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held ``(a) Prohibition.--No person may carry out-- ``(1) a demonstration on the property where a funeral for a veteran is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held; or ``(2) with respect to such a cemetery or other property on which a funeral is held, a demonstration during the period beginning 60 minutes before and ending 60 minutes after such funeral, any part of which demonstration-- ``(A)(i) takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery or other property; and ``(ii) includes, as part of such demonstration, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral; or ``(B) is within 1,000 feet of such cemetery or other property and impedes the access to or egress from such cemetery or other property, if there is visible, at each place that is at the applicable distance specified in this sentence from such cemetery or other property, a sign which clearly and conspicuously states that a funeral will be held on such cemetery or other property and so states the time interval during which the funeral will be held. ``(b) Definitions.--For purposes of this section: ``(1) The term `demonstration' includes the following: ``(A) Any picketing or similar conduct. ``(B) Any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral. ``(C) The display of any placard, banner, flag, or similar device, unless such a display is part of a funeral. ``(D) The distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral. ``(2) The term `funeral' includes a memorial service or any other bereavement ceremony honoring a veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 2413 and inserting the following new item: ``2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held.''.

Freedom to Mourn in Peace Act of 2011 - Expands the prohibition on demonstrations at certain funerals, memorial services, or bereavement ceremonies for a deceased veteran to any property where such a service is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held. (Current law only prohibits such demonstrations on property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery.) Extends to 1,000 feet the distance within which certain demonstrations that impede access to or egress from such a cemetery or property are prohibited during the period beginning 60 minutes before and ending 60 minutes after such a service, provided that there is a visible sign at applicable distances stating the time interval during which a service will be held.

To amend title 38, United States Code, to prohibit demonstrations at places of mourning during a funeral, memorial service, or other bereavement ceremony honoring a deceased veteran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Roads-Community Right-To-Know Act''. SEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR PERMANENT CLOSURE OF FOREST ROADS. (a) Definitions.--In this section: (1) Permanent closure.--The term ``permanent closure'', with respect to a forest road, means the closure of the road to vehicular traffic for a continuous period of more than one year. The term includes a road closure of one year or less, or of an unspecified duration, unless the Secretary concerned certifies at the time of the closure that the closure will not extend beyond one year. (2) Forest road.--The term ``forest road'' means any road on Federal lands. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands administered by the Bureau of Land Management; and (B) lands within units of the National Forest System. (4) State and local government officials.--The term ``State and local government officials'' means elected officials of States and counties within which Federal lands are located. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) with respect to the Federal lands described in paragraph (3)(A), the Secretary of the Interior; and (B) with respect to the Federal lands described in paragraph (3)(B), the Secretary of Agriculture. (b) Advance Notice of Permanent Road Closures to State and Local Government Officials.-- (1) Purpose.--The purpose of this subsection is to ensure that the Secretary concerned involves State and local government officials in the process by which the Secretary concerned considers and plans for the potential permanent closure of forest roads on Federal lands. (2) Annual meetings required.--At least once each fiscal year, the Secretary concerned shall meet with appropriate State and local government officials to describe all agency plans or proposals that, within the next two fiscal years, will or may result in the permanent closure of forest roads on Federal lands. Such agency plans or proposals include project proposals, land management plan amendments or revisions, resource management plan amendments or revisions, and regional or subregional plans or proposals (3) Elements of notice.--At a meeting under paragraph (2), the Secretary concerned shall provide information, using maps and other means, that at a minimum-- (A) shows forest roads selected or proposed for permanent closure; (B) shows traffic patterns and volumes on the roads over the previous five years; and (C) explains how users of the roads will be adversely affected with longer travel times or adverse travel conditions by the permanent closure of the roads. (4) Special rule for first meeting.--At the first meeting conducted under paragraph (2) for a State or local government, the Secretary concerned shall also provide information on all forest roads that have been subject to permanent closure in that State during the previous five years. The information shall include a map showing the location of the forest roads and a description of the methods and costs of the permanent closure of the forest roads. (c) Public Notice and Comment Requirements.-- (1) Local notice.--Before proceeding with the permanent closure of a forest road, the Secretary concerned shall publish an announcement describing the proposed closure in the local newspaper of record for the area likely to be affected by the permanent closure of the road. The announcement shall include a description and map of the forest road selected or proposed for permanent closure and a description of any comments generated regarding the closure in meetings with State and local government officials under subsection (b). (2) Comment period.--The permanent closure of a forest road may not take effect until after the end of the 90-day period beginning on the date that the announcement under paragraph (1) was published regarding that road so as to permit the public to submit comments regarding the decision to select or propose the forest road for permanent closure. (d) Prohibition on Permanent Road Closures.--The permanent closure of a forest road is prohibited unless-- (1) advance notice of the permanent closure of the road is provided to the appropriate State and local government officials in the manner provided in subsection (b); and (2) the Secretary complies with the public notice and comment requirements under subsection (c). (e) Application of Requirements.--The requirements of this section shall take effect on the date of the enactment of this Act, except that the prohibition contained in subsection (d)(1) shall not apply to prohibit the permanent closure of any forest road implemented during the fiscal year in which this section is enacted. (f) Effect on Valid and Existing Rights.--Nothing in this section shall invalidate rights-of-way designated under section 2477 of the Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing rights, including rights of ingress and egress. (g) Compliance With State Laws.--In carrying out this section with respect to a forest road, the Secretary concerned shall comply with the applicable laws of the State in which the forest road is located. SEC. 3. EMERGENCIES. (a) Emergency Road Closures.--Subject to subsection (b), the requirements of section 2 shall not apply to emergency road closures where life or property would be endangered or threatened in the absence of the road closure. (b) Length of Closure.--If an emergency road closure will extend beyond one year, the Secretary concerned shall comply with the requirements of section 2 within three months after the date on which the emergency road closure commenced.

Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns; and (2) provide for public notice and comment. Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years; and (2) information to be provided at the first meeting respecting the previous five years' road closings.

Forest Roads-Community Right-To-Know Act

SECTION 1. FINDINGS. Congress finds the following: (1) The Jefferson National Expansion Memorial was conceived in the 1930s to preserve St. Louis's role as the ``Gateway to the West''. Land was acquired, competitions were held, the renowned Arch was completed on October 28, 1965, and the Arch itself was designated a National Historic Landmark on May 28, 1987. (2) The original purpose of the Memorial, as described in President Roosevelt's 1935 Executive Order and later in the Jefferson National Expansion Memorial Act of 1954, was to commemorate the past, and especially, to keep alive the daring and spirit that moved pioneers to press westward before and after the consummation of the Louisiana Purchase and the historic role of the rivers and St. Louis in westward expansion. (3) To fully realize the true promise and significance of the Memorial and its Landmark, the Arch, the Memorial should connect with and be more accessible to the urban population and the river and commemorate the pioneering spirit of migration throughout the Nation by providing a visitor experience that includes educational, instructional, and research programs, facilities, and technology demonstrating-- (A) the broad diversity of migrants; (B) the policies and conditions that produced migration; (C) the impact of migration on the political, economic, social, and architectural development of the Nation; and (D) a focus on African-American migration patterns from slavery to the underground railroad, and especially the migration of African-Americans from the south to northern industrial cities. (4) The project described in paragraph (3) should be completed by October 28, 2015, the 50th anniversary of the completion of the Arch, so that the area will be available to better engage the American public when the Centennial of the National Park Service is celebrated in 2016. (5) The Jefferson National Expansion Memorial Act of 1954, which authorized the construction of the Jefferson National Expansion Memorial and directed the Secretary to construct the Memorial in accordance with the Eero Saarinen's winning design for the development and construction of the Memorial, recognized the importance of highly visible cultural facilities and other attractions on the grounds of the Memorial to its central purpose of promoting the connection and significance of the historic St. Louis riverfront to the rest of the region, and in turn, the region to the Nation. (6) The Museum of Westward Expansion should be significantly improved before the Centennial of the National Park Service is celebrated in 2016. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Memorial.--The term ``Memorial'' means the Jefferson National Expansion Memorial. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust.--The term ``Trust'' means the Jefferson National Expansion Memorial Trust SEC. 3. NATIONAL HISTORIC LANDMARK STATUS OF THE GATEWAY ARCH. To ensure the protections of the National Historic Preservation Act-- (1) the structure of the Gateway Arch and the Old St. Louis Courthouse are hereby designated by Congress as National Historic Landmarks; and (2) the grounds of the Memorial surrounding the Arch are hereby designated by Congress for inclusion on the National Register of Historic Places. SEC. 4. AUTHORITY OF THE SECRETARY. The Secretary may take the following actions: (1) Enter into agreements with the Trust to plan and develop the St. Louis riverfront between Eads and Poplar Street bridges, the Memorial grounds including the interstate highway and roadways now traversing them, Luther Ely Smith Square, and the Old Courthouse as a single project area. The master plan for the project area and the design of its highly visible elements shall be created pursuant to international design competitions to be conducted by the Trust as extensive as the 1947 competition which resulted in the selection of Eero Saarinen's Arch design. (2) Enter into an agreement with the Trust to facilitate the planning, construction, and operation of a cultural facility on Federal land within the boundary of the Jefferson National Expansion Memorial to enhance the visitor experience of the Memorial and for exhibitions, learning and interpretation associated with American migration, and other terms and conditions the Secretary determines to be necessary. An agreement authorizing the Trust to occupy or operate the cultural facility shall also provide for conveyance by the Trust to the United States of all right, title, and interest in such cultural facility. (3) Transfer one or more portions of the Memorial grounds to the administrative jurisdiction of the Trust and enter into agreements with the Trust for the Trust to assist in the implementation of the Final General Management Plan and Record of Decision. (4) Enter into agreements with the Trust for such other facilities and services provided in the design competitions in furtherance of the purposes of this Act, including completing the project described in paragraph (3) of section 1 not later than October 28, 2015.

Designates the structure of the Gateway Arch and Old St. Louis Courthouse as National Historic Landmarks. Designates the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places.

To designate the structure of the Gateway Arch and the Old St. Louis Courthouse as National Historic Landmarks, to designate the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Waiver Program Security Enhancement Act''. SEC. 2. VISA REQUIRED FOR ALIENS WHO RECENTLY TRAVELED TO IRAQ, SYRIA, OR CERTAIN OTHER DESTINATIONS. Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)) is amended by adding at the end the following: ``(12) Visa required for aliens who have recently traveled to iraq or syria.-- ``(A) In general.--A national of a program country is ineligible to travel to the United States under the program if the national has traveled to Iraq or to Syria at any time during the most recent 5-year period. ``(B) Other travel restrictions.--The Secretary of Homeland Security may prohibit a national of a program country from traveling to the United States under the program if the Secretary determines that such national has traveled during the past 5 years to a country in which-- ``(i) a designated foreign terrorist organization has a significant presence; and ``(ii) prohibiting such national from traveling to the United States under the program is in the national security interests of the United States. ``(C) Rule of construction.--Nothing in this paragraph may be construed to otherwise limit the authority of the Secretary of Homeland Security.''. SEC. 3. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER PROGRAM. (a) Requiring the Universal Use of Electronic Passports for Participating Visa Waiver Program Countries.-- (1) In general.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (A) in subsection (a), by amending paragraph (3) to read as follows: ``(3) Machine-readable, electronic passport.--The alien, at the time of application for admission, is in possession of a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with the applicable biometric and document identifying standards established by the International Civil Aviation Organization.''; and (B) in subsection (c)(2), by amending subparagraph (B) to read as follows: ``(B) Machine-readable, electronic passport program.--The government of the country certifies that it issues to its citizens machine-readable, electronic passports that comply with the requirements set forth in subsection (a)(3).''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of the enactment of this Act. (3) Certification requirement.--Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732(c)) is amended-- (A) in paragraph (1), by striking ``Not later than October 26, 2005, the'' and inserting ``The''; and (B) by amending paragraph (2) to read as follows: ``(2) Use of technology standard.--Any alien applying for admission under the Visa Waiver Program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) shall present a passport that meets the requirements described in paragraph (1).''. SEC. 4. INFORMATION SHARING AND COOPERATION BY VISA WAIVER PROGRAM COUNTRIES. (a) Required Information Sharing for Visa Waiver Program Countries.-- (1) Information sharing agreements.-- (A) Full implementation.--Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)) is amended by inserting ``, and fully implements within the time frame determined by the Secretary of Homeland Security,'' after ``country enters into''. (B) Federal air marshal agreement.--Section 217(c) of such Act, as amended by subparagraph (A), is further amended-- (i) in paragraph (2), by adding at the end the following: ``(G) Federal air marshal agreement.--The government of the country enters into, and complies with, an agreement with the United States to assist in the operation of an effective Air Marshal Program. ``(H) Aviation standards.--The government of the country complies with United States aviation and airport security standards, as determined by the Secretary of Homeland Security.''; and (ii) in paragraph (9)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (C) Failure to fully implement information sharing agreement.--Section 217(c)(5) of such Act (8 U.S.C. 1187(c)(5)) is amended-- (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: ``(C) Failure to fully implement information sharing agreement.-- ``(i) Determination.--If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the government of a program country has failed to fully implement the agreements set forth in paragraph (2)(F), the country shall be terminated as a program country. ``(ii) Redesignation.--Not sooner than 90 days after the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country that has been terminated as a program country pursuant to clause (i) is now in compliance with the requirement set forth in paragraph (2)(F), the Secretary of Homeland Security may redesignate such country as a program country.''. (2) Advance passenger information earlier than 1 hour before arrival.-- (A) In general.--Section 217(a)(10) of such Act (8 U.S.C. 1187(a)(10)) is amended by striking ``not less than one hour prior to arrival'' and inserting ``as soon as practicable, but not later than 1 hour before arriving''. (B) Technical amendment.--Section 217(c)(3) of such Act is amended, in the matter preceding subparagraph (A), by striking ``the initial period'' and inserting ``fiscal year 1989''. (b) Factors the Department of Homeland Security Shall Consider for Visa Waiver Countries.-- (1) Consideration of country's capacity to identify dangerous individuals.--Section 217(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read as follows: ``(4) Required security considerations for program designation and continuation.--In determining whether a country should be designated as a program country or whether a program country should retain its designation as a program country, the Secretary of Homeland Security shall consider the following: ``(A) Capacity to collect, analyze, and share data concerning dangerous individuals.--Whether the government of the country-- ``(i) collects and analyzes the information described in subsection (a)(10), including advance passenger information and passenger name records, and similar information pertaining to flights not bound for the United States, to identify potentially dangerous individuals who may attempt to travel to the United States; and ``(ii) shares such information and the results of such analyses with the Government of the United States. ``(B) Screening of traveler passports.--Whether the government of the country-- ``(i) regularly screens passports of air travelers against INTERPOL's global database of Stolen and Lost Travel Documents before allowing such travelers to enter or board a flight arriving in or departing from that country, including a flight destined for the United States; and ``(ii) regularly and promptly shares information concerning lost or stolen travel documents with INTERPOL. ``(C) Biometric exchanges.--Whether the government of the country, in addition to meeting the mandatory qualifications set forth in paragraph (2)-- ``(i) collects and analyzes biometric and other information about individuals other than United States nationals who are applying for asylum, refugee status, or another form of non- refoulment protection in such country; and ``(ii) shares the information and the results of such analyses with the Government of the United States. ``(D) Information sharing about foreign terrorist fighters.--Whether the government of the country shares intelligence about foreign fighters with the United States and with multilateral organizations, such as INTERPOL and EUROPOL.''. (2) Failure to report stolen passports.--Section 217(f)(5) of such Act is amended by inserting ``frequently and promptly'' before ``reporting the theft''. SEC. 5. BIOMETRIC SUBMISSION BEFORE ENTRY. (a) In General.--Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)), as amended by section 2, is further amended by adding at the end the following: ``(13) Submission of biometric information.--The Secretary of Homeland Security shall ensure that each alien traveling to the United States under an approved Electronic System for Travel Authorization has submitted biometric information, including photographs and fingerprints, before boarding a conveyance bound for the United States.''. (b) Implementation of Biometric Submission.-- (1) Prioritization.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall prioritize the implementation of the requirements under section 217(a)(13) of the Immigration and Nationality Act, as added by subsection (a), in Visa Waiver Program countries that have a significant number of nationals who have traveled to fight with, or to assist, the group known as the Islamic State of Iraq and the Levant (ISIL). (2) Effective date.--The requirements referred to in paragraph (1) shall take effect for all Visa Waiver Program countries not later than 1 year after the date of the enactment of this Act, except that the Secretary of Homeland Security may extend the effective date for additional periods of 6 months (not to exceed a total of 24 months) for particular countries if the Secretary determines that an extension for such a country does not present a significant risk to the national security of the United States. (3) Inclusion of biometric information.--Not later than 5 years after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that the information submitted under section 217(a)(13) of the Immigration and Nationality Act includes photographs and fingerprints. (4) Compliance.--The Secretary of Homeland Security may determine that a Visa Waiver Program country is in compliance with section 217(a)(13) of the Immigration and Nationality Act, as added by subsection (a), if the country signs and implements an agreement-- (A) to collect biometric information from each individual seeking to travel to the United States through the Visa Waiver Program and to share such information with the United States; (B) to compare the biometric information described in subparagraph (A) against the information, including the biometric information, on the prospective traveler's machine readable, electronic passport, before the prospective traveler boards a conveyance bound for the United States; and (C) to inform the Department of Homeland Security of-- (i) the results of the comparison described in subparagraph (B) before the prospective traveler boards a conveyance bound for the United States, and (ii) any other information indicating that the prospective traveler may pose a threat to the United States. SEC. 6. VISA WAIVER PROGRAM ADMINISTRATION. Section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended-- (1) in clause (i), by amending subclause (II) to read as follows: ``(II) an amount to ensure recovery of the full costs of providing and administering the System and implementing the improvements to the program provided in the Visa Waiver Program Security Enhancement Act.''; and (2) by amending clause (ii) to read as follows: ``(ii) Disposition of amounts collected.-- Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established under subsection (d) of the Trade Promotion Act of 2009 (22 U.S.C. 2131(d)). Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System and the improvements made by the Visa Waiver Program Security Enhancement Act. The portion of the fee collected under clause (i)(II) to recover the costs of implementing such improvements may only be used for that purpose.''.

Visa Waiver Program Security Enhancement Act This bill amends the Immigration and Nationality Act regarding the visa waiver program to prohibit a national of a program country who has traveled to Iraq or Syria at any time during the most recent five-year period from traveling to the United States without a visa. The Department of Homeland Security (DHS) may prohibit a national of a program country from traveling to the United States under the program if the national has traveled during the past five years to a country in which: (1) a designated foreign terrorist organization has a significant presence, and (2) prohibiting the national from traveling to the United States under the program is in U.S. national security interests. An alien must, at the time of application for program admission, have a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with standards of the International Civil Aviation Organization. Any alien applying for program admission must have a passport that meets these requirements. (The exception for pre-October 26, 2005, passports under the Enhanced Border Security and Visa Entry Reform Act of 2002 is eliminated.) A program country must: (1) enter into and comply with an agreement with the United States to assist in the operation of an air marshal program, and (2) comply with U.S. aviation and airport security standards. A country that does not fully implement information sharing agreements shall be terminated from the program. In determining whether to designate a country as a program country or whether a program country should retain its designation DHS shall consider: the country's capacity to collect, analyze, and share data concerning dangerous individuals; the country's screening and sharing of lost or stolen passport information; whether the country collects, analyzes, and shares biometric and other information about individuals other than U.S. nationals who are applying for asylum, refugee status, or another form of non-refoulement protection in such country; and whether a country shares intelligence about foreign fighters with the United States and with multilateral organizations. DHS shall: ensure that each alien traveling to the United States under an approved electronic system for travel authorization has submitted biometric information, including photographs and fingerprints, before boarding a U.S.-bound conveyance; prioritize implementation of these biometric requirements in program countries that have a significant number of nationals who have traveled to fight with, or to assist, the Islamic State of Iraq and the Levant (ISIL); and ensure within five years that such biometric information includes photographs and fingerprints. DHS may determine that a program country is in compliance with such biometric requirements if the country implements an agreement meeting specified criteria. Program fee provisions are revised.

Visa Waiver Program Security Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delphi Pensions Restoration Act of 2012''. SEC. 2. SALE OF TROUBLED ASSETS TO FUND CERTAIN PENSION BENEFITS. (a) In General.--Subsection (d) of section 106 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216) is amended to read as follows: ``(d) Disposition of Revenues.-- ``(1) Transfer to treasury.--Except as provided in paragraph (2), revenues of, and proceeds from the sale of troubled assets purchased under this Act, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under section 113 shall be paid into the general fund of the Treasury for reduction of the public debt. ``(2) Funding of certain pension benefits.--Proceeds from the sale or transfer, after the date of the enactment of the Delphi Pensions Restoration Act of 2012, of any stock, warrant, or financial instrument acquired by the Secretary in connection with providing financial assistance to the General Motors Corporation under this Act shall be transferred to the Delphi Retired Employees Fund established under section 3 of such Act.''. SEC. 3. DELPHI RETIRED EMPLOYEES FUND. (a) Establishment of Fund.--There is established on the books of the Treasury of the United States a Delphi Retired Employees Fund (hereinafter in this section referred to as the ``Fund'') to be used by the Secretary of the Treasury in making the payments required under subsection (b). (b) Payments From the Fund.--The Fund shall be available-- (1) for paying to each eligible separated employee (on a lump sum basis, if appropriate) an amount equal to-- (A) the nonforfeitable benefits to which such employee was entitled under a defined benefit plan described in subsection (d) as in effect immediately before the termination of the plan, but which are not payable to such employee by reason of the termination of the plan; reduced by (B) the amounts paid to such employee by the Pension Benefit Guaranty Corporation under section 4022(a) of the Employee Retirement Security Act of 1974 (29 U.S.C. 1322(a)); and (2) for paying the operational and administrative expenses in connection with the operation of the Fund, including reimbursement of expenses incurred by the Pension Benefit Guaranty Corporation in connection with the information sharing requirements of subsection (e). (c) Eligible Separated Employee.--For purposes of this section, the term ``eligible separated employee'' means any individual-- (1) who is separated from employment with Delphi Corporation before the date of the enactment of this Act; (2) who was a participant in a defined benefit plan described in subsection (d); and (3) who is not covered by any agreement between the General Motors Corporation and participants in such a defined benefit plan under which the General Motors Corporation provides to the participants that are covered by the agreement a payment of nonforfeitable benefits in an amount equal to the amount that such participants would have been entitled to receive under the plan but for the termination of such plan. (d) Defined Benefit Plans Described.--A defined benefit plan described in this subsection is a defined benefit plan-- (1) that was terminated before the date of the enactment of this Act pursuant to a proceeding under title 11, United States Code; (2) that was sponsored by the Delphi Corporation before the date of such termination; and (3) with respect to which the Pension Benefit Guaranty Corporation is administering, as of such date of enactment, the payment of the nonforfeitable benefits guaranteed under section 4022(a) of the Employee Retirement Security Act of 1974 (29 U.S.C. 1322(a)). (e) Information Sharing by Pension Benefit Guaranty Corporation.-- The Pension Benefit Guaranty Corporation shall provide to the Secretary of the Treasury such information as the Secretary of the Treasury may request to assist in determining the amount of each payment required to be made under subsection (b)(1). (f) Investment of the Fund.--Whenever the Secretary of the Treasury determines that the moneys of the Fund are in excess of current needs, the Secretary of the Treasury may invest such amounts as such Secretary deems advisable in obligations issued or guaranteed by the United States. Earnings on investment under the preceding sentence shall be credited to the Fund. SEC. 4. APPLICATION TO PENDING LITIGATION. Nothing in this Act shall be construed to invalidate, vitiate, or otherwise interfere with any legal or administrative proceeding initiated prior to the date of the enactment of this Act.

Delphi Pensions Restoration Act of 2012 - Amends the Emergency Economic Stabilization Act of 2008 to require transfer to the Delphi Retired Employees Fund of all proceeds from the sale or transfer, after enactment of this Act, of any stock, warrant, or financial instrument acquired by the Secretary of the Treasury in connection with providing financial assistance to the General Motors Corporation (GM). Establishes the Delphi Retired Employees Fund in the Treasury for payments to eligible employees separated from Delphi Corporation who participated in a now terminated Delphi-sponsored defined benefit plan, but who are not covered by any agreement between GM and participants in another defined benefit plan under which GM pays covered participants nonforfeitable benefits equal to the amount they would have been entitled to receive under the plan but for the plan's termination. Makes the Fund available to pay each eligible separated employee an amount equal to such nonforfeitable benefits, reduced by any amounts already paid the employee by the Pension Benefit Guaranty Corporation (PBGC) under the Employee Retirement Security Act of 1974 (ERISA).

To make available funds from the Emergency Economic Stabilization Act of 2008 for funding pension benefits with respect to former employees of Delphi Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid and CHIP Quality Improvement Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Despite the fact that Federal and State governments spend hundreds of billions of dollars every year on care for Americans through the Medicaid and CHIP programs, there is no nationwide, systematic method of reporting, collecting, evaluating, or improving the quality of care across all payment and delivery systems (fee-for-service, managed care, primary care case management, or other mechanisms). (2) Although the quality of care delivered through Medicaid health plans is frequently measured, there is no method or mechanism to systematically improve the quality of care provided to all Medicaid and CHIP beneficiaries. (3) For the majority of Medicaid and CHIP enrollees who are served by primary care case management or fee-for-service arrangements, there are no Federal requirements for comparable quality monitoring or improvement. Thus there currently is no ability to make fair assessments across all modes of care for Medicaid and CHIP enrollees. (4) State flexibility and the resulting opportunities for innovation are hallmarks of the partnership between Federal and State governments in the Medicaid and CHIP programs. Without a way to systematically measure quality, however, policymakers cannot know which innovations are the most effective. SEC. 3. MEASURING AND REPORTING ON COMPARABLE HEALTH CARE QUALITY MEASURES FOR ALL PERSONS ENROLLED IN MEDICAID. (a) Quality Assurance Standards.--Section 1932(c)(1)(A) of the Social Security Act (42 U.S.C. 1396u-2(c)(1)(A)) is amended by inserting ``or comparable primary care case management services providers described in section 1905(t) as well as health care services furnished in fee-for-service settings or other delivery systems'' after ``1903(m)''. (b) Adult Health Quality Measures.--Section 1139B of the Social Security Act (42 U.S.C. 1320b-9b) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3), the following: ``(4) Quality reporting for medicaid eligible adults.-- Beginning not later than January 1 of the calendar year that begins on or after the date that is 2 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, and annually thereafter, the Secretary shall require States to use the measures and approaches identified in paragraph (3) to report on the initial core set of quality measures for Medicaid eligible adults identified in paragraph (2), subject to revisions made in accordance with paragraph (6)(B). Such reporting shall be stratified by delivery system, including managed care organizations under section 1932, benchmark plans under section 1937, primary care case management services providers described in section 1905(t), health care services in fee-for-service settings, and other delivery systems, except that the Secretary may determine that reporting on certain measures should not be stratified by delivery system because such stratification would not be feasible or the delivery systems are not comparable with respect to the application of such measures. In addition to the stratification required under the previous sentence, the Secretary shall have the discretion to further stratify reporting on certain measures based on factors such as eligibility category, income level, or other differentiating factors that could have an impact on the comparability of the measure.''; and (2) in subsection (d)-- (A) in paragraph (1)(A), by striking ``under the such plan'' and all that follows through ``subsection (a)(5)'' and inserting ``under such plan or waiver, including measures described in subsection (b)(2), subject to revisions made in accordance with subsection (b)(6)(B)''; (B) in paragraph (1)(B), by inserting ``, or comparable primary care case management services providers described in section 1905(t), as well as health care services furnished in fee-for-service settings or other delivery systems'' after ``section 1937''; and (C) in paragraph (2), by inserting before the period the following: ``, including analysis of comparable quality measures for Medicaid eligible adults who receive their health services through managed care, primary care case management, and fee- for-service settings or other delivery systems''. (c) Pediatric Health Care Measures.-- (1) In general.--Section 1139A of the Social Security Act (42 U.S.C. 1320b-9a) is amended-- (A) in subsection (a)-- (i) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (ii) by inserting after paragraph (4), the following: ``(5) Reporting of pediatric health care measures.-- Beginning not later than January 1 of the calendar year that begins on or after the date that is 2 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, and annually thereafter, the Secretary shall require States to use the measures and approaches identified in paragraph (4) to report on the initial core child health care quality measures established under this subsection and as such measures subsequently are updated under subsection (b)(5). Such reporting shall be stratified by delivery system, including managed care organizations under section 1932, benchmark plans under sections 1937 and 2103, primary care case management services providers described in section 1905(t), health care services in fee-for-service settings, and other delivery systems, except that the Secretary may determine that reporting on certain measures should not be stratified by delivery system because such stratification would not be feasible or the delivery systems are not comparable with respect to the application of such measures. In addition to the stratification required under the previous sentence, the Secretary shall have the discretion to further stratify reporting on certain measures based on factors such as eligibility category, income level, or other differentiating factors that could have an impact on the comparability of the measure.''; and (B) in subsection (c)-- (i) in paragraph (1)(A), by striking ``measures described in subparagraphs (A) and (B) of subsection (a)(6)'' and inserting ``the core measures described in subsection (a), as revised in accordance with subsection (b)(5)''; (ii) in paragraph (1)(B), by inserting before the period the following: ``, or comparable primary care case management services providers described in section 1905(t), as well as healthcare services furnished in fee-for-service settings or other delivery systems''; and (iii) in paragraph (2), by inserting before the period the following: ``, including analysis of comparable quality measures for children eligible for medical assistance under title XIX or child health assistance under title XXI who receive their health services through managed care, primary care case management, and fee-for-service settings or other delivery systems''. (2) Effective date.--The amendments made by this subsection shall take effect as if included in the enactment of section 1139A of the Social Security Act, as added by section 401(a) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3). SEC. 4. PERFORMANCE BONUSES FOR SIGNIFICANT ACHIEVEMENT IN MEDICAID AND CHIP QUALITY PERFORMANCE. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Performance Bonus for Quality Performance Achievement.-- ``(1) In general.--The Secretary shall establish a Medicaid Quality Performance Bonus fund for awarding performance bonuses to States for high attainment and improvement on a core set of quality measures related to the goals and purposes of the Medicaid program under this title. ``(2) Quality performance bonus methodology.--Not later than 3 years after the date of enactment of the Medicaid and CHIP Quality Improvement Act of 2016, the Secretary shall establish a methodology for awarding Medicaid quality performance bonuses to States not less than annually in accordance with paragraph (3) and subject to the availability of appropriations. Medicaid quality performance bonuses shall be awarded on the basis of the annual State reports required under sections 1139A and 1139B and in accordance with regulations promulgated by the Secretary. ``(3) Quality performance measurement bonuses.--Medicaid quality performance bonuses shall be awarded to the following 10 States: ``(A) The top 5 States achieving the designation of superior quality performing State under criteria established by the Secretary. ``(B) The 5 States that-- ``(i) are not among the States described in subparagraph (A); and ``(ii) demonstrate the greatest relative level of annual improvement in quality performance under criteria established by the Secretary. ``(4) Initial appropriation.-- ``(A) In general.--The total amount of Medicaid quality performance bonuses made under this subsection for all fiscal years shall be equal to $500,000,000, to be available until expended. ``(B) Budget authority.--This paragraph constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this paragraph. ``(5) Use of quality performance bonus funds.-- ``(A) Designation for quality improvement activities.--As a condition of receiving a Medicaid quality performance bonus under this subsection, a State shall agree to designate at least 75 percent of the bonus funds paid to the State under this subsection for a fiscal year for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in the State plan under this title or under a waiver of such plan, including-- ``(i) pay-for-performance programs; ``(ii) collaboration initiatives that have been demonstrated to improve performance on quality; ``(iii) quality improvement initiatives, including those aimed at improving care for special and hard-to-reach populations, and those directed to managed care entities; and ``(iv) such other Secretary-approved activities and initiatives that a State may pursue to encourage quality improvement and patient-focused high value care. ``(B) State option to establish criteria.--A State may establish criteria for the State performance program carried out under subparagraph (A) that limits the award to a particular provider or entity type, that limits application to a specific geographic area, or that directs incentive programs for quality-related activities for specific populations, including individuals eligible under this title and title XVIII and hard-to-reach populations. ``(C) Remaining bonus funds.--A State may designate up to 25 percent of the bonus funds paid to the State under this subsection for a fiscal year for activities related to the goals and purposes of the State program under this title.''.

Medicaid and Chip Quality Improvement Act of 2016 This bill amends titles XI (General Provisions) and XIX (Medicaid) of the Social Security Act to expand reporting requirements with respect to the quality of care provided under Medicaid and the Children's Health Insurance Program (CHIP). Current law requires a state that contracts with a Medicaid managed organization to develop and implement a quality assessment and improvement strategy. The bill extends this requirement to state contracts with providers of comparable primary care case management services and other health care services under Medicaid. With respect to adults eligible for Medicaid and children enrolled in Medicaid or CHIP, a state must report annually on quality measures identified by the Centers for Medicare & Medicaid Services (CMS). Such reporting shall be stratified by service delivery system. CMS shall establish a Medicaid Quality Performance Bonus fund to award states for high attainment and improvement on a core set of quality measures. A state must designate at least 75% of any bonus funds for the development and operation of quality-related initiatives that will directly benefit providers or managed care entities participating in, or under a waiver of, the state plan for medical assistance. A state may use the remainder of such funds for activities related to the goals and purposes of the state plan.

Medicaid and CHIP Quality Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) as a tool to justify Federal actions by the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Chair of the Council on Environmental Quality to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide represent the hypothetical cost of 1 incremental ton of carbon dioxide, methane, or nitrous oxide emissions in a given year; (2) the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003-- (A) guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and (B) instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States; (3) first developed in 2009 by an interagency working group that included the Department of Energy, the Environmental Protection Agency, and the Council on Environmental Quality, the estimates for the social cost of carbon, as well as the subsequently developed estimates of the social cost of methane, and the social cost of nitrous oxide fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (4) while the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon instead calculates the global benefits in lieu of, not in addition to, the domestic costs of a rule, regulation, or action; (5) the use of the estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, in the rulemakings of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality without public notice and an adequate opportunity for comment violates scientific peer review requirements; (6) the Environmental Protection Agency relied upon the social cost of methane, without appropriate peer review or opportunity for public notice and comment, in justifying the costs and benefits of the September 2015 proposed and the June 2016 finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector; (7) the Department of the Interior used the social cost of methane estimate to justify the costs and benefits of the final rule entitled ``Waste Prevention, Production Subject to Royalties, and Resource Conservation'' (81 Fed. Reg. 83008 (November 18, 2016)); (8) the Council on Environmental Quality issued final guidance on August 1, 2016, that, with respect to a monetary cost-benefit analysis for an evaluation of a proposed Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), directed the head of each Federal agency to include the social cost of carbon in any consideration of the effect of greenhouse gas emissions; (9) the regulations of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality are costing families of the United States billions of dollars each year and are justified, in large part, by the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; (10) continued use of the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality ignores sound science for the purpose of eliminating the exploration, mining, production, and use of the abundant domestic sources of fossil fuel energy of the United States; (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1, 2017)) states that the policy of the United States is to alleviate any unnecessary regulatory burden on the people of the United States; and (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg. 16093 (March 31, 2017))-- (A) disbands the interagency working group referred to in paragraph (3); (B) withdraws the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; and (C) directs Federal agencies, in monetizing the value of changes in greenhouse gas emissions as a result of a regulation, to follow the document of the Office of Management and Budget entitled ``Circular A- 4'' and dated September 17, 2003, by using the discount rates specified in that document and evaluating only the domestic effects of the regulation. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Social cost of carbon.--The term ``social cost of carbon'' means-- (A) the estimate of the social cost of carbon described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii)(I) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (3) Social cost of methane.--The term ``social cost of methane'' means-- (A) the estimate of the social cost of methane described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' (80 Fed. Reg. 56593 (September 18, 2015)); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016)); (iii) the regulatory impact analysis entitled ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'', prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (iv)(I) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year. (4) Social cost of nitrous oxide.--The term ``social cost of nitrous oxide'' means-- (A) the estimate of the social cost of nitrous oxide described in-- (i) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (ii) any other successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year. SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF METHANE, AND THE SOCIAL COST OF NITROUS OXIDE. (a) In General.--The Secretary of Energy, under any authority, the Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary of the Interior, under any authority, and the Chair of the Council on Environmental Quality, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide-- (1) as part of any cost-benefit analysis required under-- (A) any law; (B) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or (C) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review); (2) in any rulemaking; (3) in the issuance of any guidance; (4) in taking any other agency action; or (5) as a justification for any rulemaking, guidance document, or agency action. (b) Exception.--The Secretary of Energy, the Administrator, the Secretary of the Interior, and the Chair of the Council on Environmental Quality may consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide in carrying out an activity described in subsection (a) only if, after the date of enactment of this Act-- (1) a Federal law is enacted that explicitly authorizes the consideration; or (2) the Secretary of Energy, the Administrator, the Secretary of the Interior, or the Chair of the Council on Environmental Quality uses an estimate for the social cost of carbon, social cost of methane, or social cost of nitrous oxide that-- (A) complies with the requirements of the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (B) uses the discount rates of 3 and 7 percent specified in that document; (C) considers only the domestic costs and benefits of the activity; and (D) uses only-- (i) the most up to date and empirically estimated equilibrium climate sensitivity distributions; and (ii) realistic time horizons. SEC. 5. REPORT OF THE ADMINISTRATOR. Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Chair of the Council on Environmental Quality, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.

Transparency and Honesty in Energy Regulations Act of 2017 This bill prohibits the Department of Energy, the Environmental Protection Agency (EPA), the Department of the Interior, and the Council on Environmental Quality from considering the social cost of carbon, methane, or nitrous oxide as part of any cost benefit analysis in the rule making process, unless a federal law is enacted authorizing such consideration. They may also consider those social costs if they use an estimate that: (1) complies with the requirements of the Office of Management and Budget's "Circular A-4" document; (2) uses the discount rates of three and seven percent specified in that document; (3) considers only the domestic costs and benefits of the activity; and (4) uses only the most up to date and empirically estimated equilibrium climate sensitivity distributions, and realistic time horizons. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority.

Transparency and Honesty in Energy Regulations Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioweapons Control and Tracking Act of 2001''. SEC. 2. REGULATION OF BIOLOGICAL AGENTS AND TOXINS. (a) Biological Agents Provisions of the Antiterrorism and Effective Death Penalty Act of 1996; Codification in the Public Health Service Act, With Amendments.-- (1) Public health service act.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by inserting after section 351 the following: ``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS. ``(a) Regulatory Control of Biological Agents and Toxins.-- ``(1) List of biological agents and toxins.-- ``(A) In general.--The Secretary shall by regulation establish and maintain a list of each biological agent and each toxin that has the potential to pose a severe threat to public health and safety. ``(B) Criteria.--In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall-- ``(i) consider-- ``(I) the effect on human health of exposure to the agent or toxin; ``(II) the degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans; ``(III) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent or toxin; and ``(IV) any other criteria that the Secretary considers appropriate; and ``(ii) consult with appropriate Federal departments and agencies, and with scientific experts representing appropriate professional groups. ``(2) Biennial review.--The Secretary shall review the list under paragraph (1) biennially, or more often, and republish the list as necessary to incorporate revisions to protect the public health and safety. ``(b) Regulation of Possession, Use, and Transfer of Listed Biological Agents and Toxins.--The Secretary shall by regulation provide for-- ``(1) the establishment and enforcement of safety standards and procedures for the possession, use and transfer of biological agents and toxins listed pursuant to subsection (a)(1), including measures to ensure-- ``(A) proper training and appropriate skills to handle such agents and toxins; and ``(B) proper laboratory facilities to contain and dispose of such agents and toxins; ``(2) the establishment and enforcement of safeguards and security standards and procedures to prevent access to such agents and toxins for use in domestic or international terrorism or for any other criminal purpose; ``(3) the establishment of procedures to protect the public safety in the event of a violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and ``(4) appropriate availability of biological agents and toxins for research, education, and other legitimate purposes. ``(c) Registration and Traceability Mechanisms; Database.-- Regulations under subsection (b) shall require registration of the possession, use, and transfer of biological agents and toxins listed pursuant to subsection (a)(1), and such registration shall include information available to the registered persons regarding the characterization of such biological agents and toxins to facilitate their identification and traceability. The Secretary shall maintain a national database of the location of such agents and toxins, with their characterizations. ``(d) Security and Safeguards.-- ``(1) In general.--In carrying out paragraphs (2) and (3) of subsection (b), the Secretary shall establish appropriate security requirements for persons possessing, using, or transferring biological agents and toxins listed pursuant to subsection (a)(1), and shall ensure compliance with such requirements as a condition of registration under regulations issued under subsection (c). In developing such requirements the Secretary shall consult with the Attorney General and appropriate security experts. ``(2) Restricted persons.--Regulations issued under subsection (b) shall include provisions-- ``(A) to restrict access to biological agents and toxins listed pursuant to subsection (a)(1) only to those individuals who need to handle or use such agents or toxins; and ``(B) to provide for prompt screening of such persons using criminal, immigration, and national security databases available to the Federal Government to identify persons who are restricted persons, as defined in section 175b of title 18, United States Code. ``(e) Inspections.--The Secretary shall have the authority to inspect persons subject to regulations under subsection (b) to ensure their compliance with such regulations. ``(f) Exemptions.--The Secretary may establish exemptions from the applicability of provisions of regulations under subsection (b) if the Secretary determines that the exemptions are consistent with protecting the public health and safety. Any exemption from registration under subsection (c) shall be based on transience of possession or on the lack of utility of the agent or toxin for use as a weapon, and shall be consistent with maintaining a complete database under such subsection (c). ``(g) Disclosure of Information.-- ``(1) In general.--Any information in the possession of any Federal agency that identifies a person, or the geographic location of a person, who is registered pursuant to regulations under this section (including regulations promulgated before the effective date of this subsection), and any site-specific information relating to the type, quantity, or identity of a biological agent or toxin listed pursuant to subsection (a)(1) or the site-specific security mechanisms in place to protect such agents and toxins, shall not be disclosed under section 552(a) of title 5, United States Code. ``(2) Disclosures for public health and safety; congress.-- Nothing in this section may be construed as preventing the head of any Federal agency-- ``(A) from making disclosures of information described in paragraph (1) for purposes of protecting the public health and safety; or ``(B) from making disclosures of such information to any committee or subcommittee of Congress with appropriate jurisdiction upon request. ``(h) Civil Penalty.--In addition to any other penalties that may apply under law, any person who violates any provision of regulations under subsection (b) shall be subject to the United States for a civil penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person. ``(i) Definitions.--For purposes of this section, the terms `biological agent' and `toxin' have the meanings given such terms in section 178 of title 18, United States Code.''. (2) Relation to other laws.-- (A) Rule of construction.--Regulations promulgated by the Secretary of Health and Human Services under section 511 of the Antiterrorism and Effective Death Penalty Act of 1998 are deemed to have been promulgated under section 351A of the Public Health Service Act, as added by paragraph (1) of this subsection. Such regulations, including the list under subsection (d)(1) of such section 511, that were in effect on the day before the date of the enactment of this Act remain in effect until modified by the Secretary. (B) Conforming amendment.--Subsections (d), (e), (f), and (g) of section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) are repealed. (3) Regulations regarding registration.-- (A) Date certain for promulgation; effective date regarding criminal and civil penalties.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 351A(c) of the Public Health Service Act, as added by paragraph (1) of this subsection. Such interim final rule takes effect 60 days after the date on which such rule is promulgated for purposes of-- (i) section 175B (b) and (c) of title 18, United States Code (relating to criminal penalties, as added by subsection (b) of this section; and (ii) section 351(h) of the Public Health Service Act (relating to civil penalties). (B) Submission of registration applications.--A person who, as of the date of the interim final rule promulgated under subparagraph (A), is in possession of a biological agent or toxin listed pursuant to section 351A(a) of the Public Health Service Act, as added by paragraph (1) of this subsection, shall in accordance with such interim final rule, submit an application for a registration to possess such agent or toxin not later than 30 days after the date on which such rule is promulgated. (4) Effective date regarding disclosure of information.-- Subsection (g) of section 351A of the Public Health Service Act, as added by paragraph (1) of this subsection, is deemed to have taken effect on the effective date of the Antiterrorism and Effective Death Penalty Act of 1996. (b) Select Agents.-- (1) In general.--Section 175b of title 18, United States Code, as added by section 817 of Public Law 107-56, is amended-- (A) by striking ``(a)'' and inserting ``(a)(1)''; (B) by transferring subsection (c) from the current placement of the subsection and inserting the subsection before subsection (b). (C) by striking ``(c)'' and inserting ``(2)''; (D) by redesignating subsection (b) as subsection (d); and (E) by inserting before subsection (d) as so redesignated) the following subsections: ``(b) Unregistered for Possession or Transfer.--Whoever knowingly possesses or transfers a select agent for which such person has not obtained a registration required by a regulation issued under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both. ``(c) Transfer to Unregistered Person.--Whoever knowingly transfers a select agent to a person who has not obtained a registration required by a regulation issued under subsection (c) of section 351A of the Public Health Service Act shall be fined under this tile, or imprisoned for not more than 5 years, or both.''. (c) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, after consultation with other appropriate Federal agencies, shall submit to Congress a report that-- (1) describes the extent to which there has been compliance by governmental and private entities with applicable regulations under section 351A of the Public Health Service Act (as added by subsection (a)(1)); (2) describes the actions taken by the date of the report and future plans of the Secretary for updating the list of biological agents and toxins under such section 351A; (3) describes the actions taken by the date of the report and future plans of the Secretary for determining compliance with regulations under such section 351A and for taking appropriate enforcement actions; and (4) provides any recommendations of the Secretary for administrative or legislative initiatives regarding such section 351A.

Bioweapons Control and Tracking Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish and maintain a list of each biological agent and each toxin with potential to severely threaten public health and safety; (2) promulgate regulations establishing safety and security standards, procedures, restricted access, and registration requirements for listed agents and toxins, including traceability mechanisms; and (3) establish exemptions consistent with public safety. Imposes civil penalties for violations of these requirements.

A bill to provide for the enhanced control of biological agents and toxins.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003''. SEC. 2. HOPE VI PROGRAM REAUTHORIZATION. (a) Selection Criteria.--Section 24(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- (1) by striking the matter preceding subparagraph (A) and inserting the following: ``(2) Selection criteria.--The Secretary shall establish criteria for the award of grants under this section and shall include among the factors--''; (2) in subparagraph (B), by striking ``large-scale''; (3) in subparagraph (D)-- (A) by inserting ``and ongoing implementation'' after ``development''; and (B) by inserting ``, except that the Secretary may not award a grant under this section unless the applicant has involved affected public housing residents at the beginning and during the planning process for the revitalization program, prior to submission of an application'' before the semicolon at the end; (4) in subparagraph (H), by striking ``and'' at the end; (5) by redesignating subparagraph (I) as subparagraph (M); and (6) by inserting after subparagraph (H) the following new subparagraphs: ``(I) the extent to which the applicant can commence and complete the revitalization plan expeditiously; ``(J) the extent to which the plan minimizes temporary or permanent displacement of current residents of the public housing site who wish to remain in or return to the revitalized community and provides for community and supportive services to residents prior to any relocation; ``(K) the extent to which the plan sustains or creates more project-based housing units available to persons eligible for public housing in markets where there is demand for the maintenance or creation of such units; ``(L) the extent to which the plan gives to existing residents priority for occupancy in dwelling units in the revitalized community; and''. (b) Definition of Severely Distressed Public Housing.--Section 24(j)(2)(A)(iii) of the United States Housing Act of 1937 (42 U.S.C. 1437v(j)(2)(A)(iii)) is amended-- (1) in subclause (I)-- (A) by inserting ``or very low-income elderly or non-elderly disabled persons'' before the first comma; and (B) by striking ``or'' at the end; (2) in subclause (II), by inserting ``or'' after the semicolon at the end; and (3) by inserting at the end the following new subclause: ``(III) is lacking in sufficient appropriate transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services, resulting in severe social distress in the project;''. (c) Authorization of Appropriations.--Paragraph (1) of section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by inserting before the period at the end the following: ``and such sums as may be necessary for each of fiscal years 2004 and 2005''. (d) Extension of Program.--Section 24(n) of the United States Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2004'' and inserting ``September 30, 2005''. SEC. 3. HOPE VI GRANTS FOR ASSISTING AFFORDABLE HOUSING THROUGH MAIN STREET PROJECTS. (a) Purposes.--Section 24(a) of the United States Housing Act of 1937 (42 U.S.C. 1437v(a)) is amended by adding after and below paragraph (4) the following: ``It is also the purpose of this section to provide assistance to smaller communities for the purpose of facilitating the development of affordable housing for low-income families that is undertaken in connection with a main street revitalization or redevelopment project in such communities.''. (b) Grants for Assisting Affordable Housing Developed Through Main Street Projects in Smaller Communities.--Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended-- (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following new subsection: ``(n) Grants for Assisting Affordable Housing Developed Through Main Street Projects in Smaller Communities.-- ``(1) Authority and use of grant amounts.--The Secretary may make grants under this subsection to smaller communities. Such grant amounts shall be used by smaller communities only to provide assistance to carry out eligible affordable housing activities under paragraph (3) in connection with an eligible project under paragraph (2). ``(2) Eligible project.--For purposes of this subsection, the term `eligible project' means a project that-- ``(A) the Secretary determines, under the criteria established pursuant to paragraph (3), is a main street project; ``(B) is carried out within the jurisdiction of smaller community receiving the grant; and ``(C) involves the development of affordable housing that is located in the commercial area that is the subject of the project. ``(3) Main street projects.--The Secretary shall establish requirements for a project to be consider a main street project for purposes of this section, which shall require that the project-- ``(A) has as its purpose the revitalization or redevelopment of a historic or traditional commercial area; ``(B) involves investment, or other participation, by the government for, and private entities in, the community in which the project is carried out; and ``(C) complies with such historic preservation guidelines or principles as the Secretary shall identify to preserve significant historic or traditional architectural and design features in the structures or area involved in the project. ``(4) Eligible affordable housing activities.--For purposes of this subsection, the activities described in subsection (d)(1) shall be considered eligible affordable housing activities, except that-- ``(A) such activities shall be conducted with respect to affordable housing rather than with respect to severely distressed public housing projects; and ``(B) eligible affordable housing activities under this subsection shall not include the activities described in subparagraphs (B) through (F) or (J) through (L) of subsection (d)(1). ``(5) Maximum grant amount.--A grant under this subsection for a fiscal year for a single smaller community may not exceed $1,000,000. ``(6) Contribution requirement.--A smaller community applying for a grant under this subsection shall be considered an applicant for purposes of subsection (c) (relating to contributions by applicants), except that-- ``(A) such supplemental amounts shall be used only for carrying out eligible affordable housing activities; and ``(B) paragraphs (1)(B) and (3) shall not apply to grants under this subsection. ``(7) Applications and selection.-- ``(A) Application.--Pursuant to subsection (e)(1), the Secretary shall provide for smaller communities to apply for grants under this subsection, except that the Secretary may establish such separate or additional criteria for applications for such grants as may be appropriate to carry out this subsection. ``(B) Selection criteria.--The Secretary shall establish selection criteria for the award of grants under this subsection, which shall be based on the selection criteria established pursuant to subsection (e)(2), with such changes as may be appropriate to carry out the purposes of this subsection. ``(8) Cost limits.--The cost limits established pursuant to subsection (f) shall apply to eligible affordable housing activities assisted with grant amounts under this subsection. ``(9) Inapplicability of other provisions.--The provisions of subsections (g) (relating to disposition and replacement of severely distressed public housing), (h) (relating to administration of grants by other entities), and (i) (relating to withdrawal of funding) shall not apply to grants under this subsection. ``(10) Reporting.--The Secretary shall require each smaller community receiving a grant under this subsection to submit a report regarding the use of all amounts provided under the grant. ``(11) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Affordable housing.--The term `affordable housing' means rental or homeownership dwelling units that-- ``(i) are made available for initial occupancy subject to the same rules regarding level of income and income mix as dwelling units in public housing projects assisted with a grant under this section; and ``(ii) are subject to the same rules regarding occupant contribution toward rent or purchase and terms of rental or purchase as dwelling units in public housing projects assisted with a grant under this section. ``(B) Smaller community.--The term `smaller community' means a unit of general local government (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) that-- ``(i) has a population of 30,000 or fewer; and ``(ii)(I) is not served by a public housing agency; or ``(II) is served by a single public housing agency, which agency administers 100 or fewer public housing dwelling units.''. (c) Annual Report.--Section 24(l) of the United States Housing Act of 1937 (42 U.S.C. 1437v(l)) is amended-- (1) in paragraph (3), by striking ``; and'' and inserting ``, including a specification of the amount and type of assistance provided under subsection (n);''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) the types of projects funded, and number of affordable housing dwelling units developed with, grants under subsection (n); and''. (d) Funding.--Section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)) is amended by adding at the end the following new paragraph: ``(3) Set-aside for main street housing grants.--Of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall provide up to 5 percent for use only for grants under subsection (n).''.

HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 - (Sec. 2) Amends the United States Housing Act of 1937 to revise criteria for HOPE VI (urban revitalization demonstration program) grants, including addition of criteria regarding tenant displacement, existing tenant occupancy priority, and timeliness of project completion.Revises the definition of "severely distressed public housing" to include: (1) buildings or projects that include very low-income elderly or nonelderly disabled persons; and (2) areas lacking sufficient affordable housing, transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services.Authorizes FY 2004 and 2005 appropriations. Extends program authority through September 30, 2005.(Sec. 3) Includes within the program's purposes assisting smaller communities to provide affordable low-income housing in connection with main street revitalization or redevelopment projects.Authorizes main street grants (maximum $1 million per year) to smaller communities for affordable low-income housing in a commercial area in connection with an eligible project.Requires that a project be focused on: (1) joint public-private revitalization or redevelopment of a historic or traditional commercial area; and (2) affordable housing rather than severely distressed public housing.Defines "smaller community" as a local government unit that: (1) has a population of under 30,000, and is without a public housing agency; or (2) has a public housing agency that administers 100 or fewer public housing dwelling units.Defines "affordable housing" as rental or homeownership units that are made available for initial occupancy subject to the same income and occupant contribution rules as dwelling units in public housing projects assisted with HOPE VI grants.Obligates up to five percent of HOPE VI appropriations for smaller community grants.

To reauthorize the HOPE VI program for revitalization of severely distressed public housing and to provide financial assistance under such program for main street revitalization or redevelopment projects in smaller communities to support the development of affordable housing for low-income families in connection with such projects, and for other purposes.

SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ AND AFGHANISTAN. (a) In General.--The Director of National Intelligence shall make publicly available on an Internet website all captured documents. (b) Review by Director of National Intelligence.--The Director of National Intelligence may review a captured document before making such document publicly available under subsection (a). The Director shall not be required to make a captured document publicly available under subsection (a) if-- (1) in the case of a captured document that is reviewed by the Director before the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director used to determine it is not appropriate to make a captured document publicly available and such captured document meets such criteria; or (2) in the case of a captured document that is reviewed by the Director on or after the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director shall use to determine if it is not appropriate to make a captured document publicly available and the captured document meets such criteria. (c) Submission of Description of Non-Released Documents.-- (1) Review before date of enactment.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the relevant congressional committees a report containing-- (A) a description of each captured document that, before such date, the Director determined should not be made publicly available; and (B) an explanation as to why the Director does not consider it appropriate to make such captured document publicly available. (2) Review after date of enactment.--Not later than 30 days after the Director of National Intelligence determines that a captured document should not be made publicly available pursuant to subsection (b)(2), the Director shall submit to the relevant congressional committees a report containing a description of such captured document and an explanation as to why the Director does not consider it appropriate to make such document publicly available. (3) Request for document.--The Director of National Intelligence shall make a copy of each captured document available to the relevant congressional committees for review upon request of the Chairman of any of such relevant congressional committees. The Director shall make such copy available in either classified or unclassified form. (d) Publication or Review Date.-- (1) In general.--The Director of National Intelligence shall begin making captured documents publicly available pursuant to subsection (a) not later than 30 days after the date of the enactment of this Act. (2) Documents collected prior to date of enactment.-- (A) In general.--Not later than the date described in subparagraph (B), for each captured document captured or collected before the date of the enactment of this Act, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (B) Dates.--The date described in this subparagraph is-- (i) September 30, 2006, for captured documents captured or collected during Operation Enduring Freedom and Operation Iraqi Freedom; and (ii) March 31, 2007, for captured documents captured or collected during Operation Desert Storm. (3) Documents collected after date of enactment.--For each captured document that is captured or collected on or after the date of the enactment of this Act, not later than 60 days after the date on which such captured document is captured or collected, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (e) Weekly Report.--Not later than 7 days after the date of enactment of this Act, and weekly thereafter until each captured document captured or collected before the date of the enactment of this Act is made publicly available pursuant to subsection (a) or described in a report submitted pursuant to subsection (c), the Director of National Intelligence shall submit to the relevant congressional committees a report describing the progress in making captured documents publicly available. (f) Definitions.--In this section: (1) Captured document.--The term ``captured document'' means a document captured or collected in Afghanistan or Iraq, including a document collected from the Government of Iraq or from a private person and including a document in electronic form, during Operation Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and Select Committee on Intelligence of the Senate.

Requires the Director of National Intelligence to make publicly available on an Internet website all documents captured in Afghanistan or Iraq during Operations Desert Storm, Enduring Freedom, or Iraqi Freedom. Provides conditions under which the Director shall not be required to make a captured document publicly available, including providing a list of retained documents, and the criteria used for such retention, to the congressional intelligence committees.

A bill to require the Director of National Intelligence to release documents captured in Afghanistan or Iraq during Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America Gives More Act of 2014''. SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: ``(ii) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). ``(iii) Rules related to limitation.-- ``(I) Carryover.--If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. ``(II) Coordination with overall corporate limitation.--In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).''. (c) Determination of Basis for Certain Taxpayers.--Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: ``(v) Determination of basis for certain taxpayers.--If a taxpayer-- ``(I) does not account for inventories under section 471, and ``(II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food.''. (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: ``(vi) Determination of fair market value.--In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined-- ``(I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and ``(II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to c corporations.--The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE PERMANENT. (a) In General.--Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED AND MADE PERMANENT. (a) Made Permanent.-- (1) Individuals.--Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations.--Subparagraph (B) of section 170(b)(2) of such Code is amended by striking clause (iii). (b) Contributions of Capital Gain Real Property Made for Conservation Purposes by Native Corporations.-- (1) In general.--Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified conservation contributions by certain native corporations.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) which-- ``(I) is made by a Native Corporation, and ``(II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Native corporation.--For purposes of this subparagraph, the term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.''. (2) Conforming amendment.--Section 170(b)(2)(A) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraph (B) or (C) applies''. (3) Valid existing rights preserved.--Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Treatment of charitable contributions made by individuals before due date of return.--If any charitable contribution is made by an individual after the close of a taxable year but not later than the due date (determined without regard to extensions) for the return of tax for such taxable year, then the taxpayer may elect to treat such charitable contribution as made in such taxable year. Such election shall be made at such time and in such manner as the Secretary may provide. For purposes of this paragraph, an individual's distributive share of a partnership's charitable contribution, and an individual's pro rata share of an S corporation's charitable contribution, shall not be treated as charitable contributions made by such individual.''. (b) Effective Date.--The amendments made by this section shall apply to elections made with respect to taxable years beginning after December 31, 2013. SEC. 6. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT INCOME OF PRIVATE FOUNDATIONS. (a) In General.--Section 4940(a) of the Internal Revenue Code of 1986 is amended by striking ``2 percent'' and inserting ``1 percent''. (b) Elimination of Reduced Tax Where Foundation Meets Certain Distribution Requirements.--Section 4940 of such Code is amended by striking subsection (e). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. BUDGETARY EFFECTS. (a) Statutory Pay-As-You-Go Scorecards.--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. (b) Senate PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). Passed the House of Representatives July 17, 2014. Attest: KAREN L. HAAS, Clerk.

America Gives More Act of 2014 - Amends the Internal Revenue Code to: (1) make permanent the enhanced tax deduction for charitable contributions of food inventory; (2) increase from 10% to 15% of the aggregate net income of taxpayers other than C corporations the amount of deductible food inventory contributions which such taxpayers may make in any taxable year (for a C corporation, 15% of its taxable income); (3) permit a taxpayer who is not required to account for inventories or capitalize indirect costs, to elect, solely for purposes of computing the amount of the deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food; and (4) set forth a formula for determining the fair market value of such food. Makes permanent: (1) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes, and (2) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Allows taxpayers to treat a charitable contribution made after the close of the taxable year but before the due date of the tax return as being made in such taxable year. Reduces from 2% to 1% the excise tax rate on the net investment income of tax-exempt private foundations. Repeals the 1% reduction in such tax rate for private foundations that meet certain distribution requirements. Prohibits the entry of the budgetary effects of this Act on any PAYGO (pay-as-you-go) scorecard.

America Gives More Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Tragedies Between Police and Communities Act of 2016''. SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT. (a) Training Requirement.--For each fiscal year after the expiration of the period specified in subsection (d) in which a State or unit of local government receives a grant under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State or unit of local government shall require that all individuals enrolled in an academy of a law enforcement agency of the State or unit of local government and all law enforcement officers of the State or unit of local government fulfill a training session on de- escalation techniques each fiscal year, including-- (1) the use of alternative non-lethal methods of applying force and techniques that prevent the officer from escalating any situation where force is likely to be used; (2) verbal and physical tactics to minimize the need for the use of force, with an emphasis on communication, negotiation, de-escalation techniques, providing the time needed to resolve the incident safely for everyone; (3) the use of the lowest level of force that is a possible and safe response to an identified threat, then re-evaluating the threat as it progresses; (4) techniques that provide all officers with awareness and recognition of mental health and substance abuse issues with an emphasis on communication strategies, training officers simultaneously in teams on de-escalation and use of force to improve group dynamics and diminish excessive use of force during critical incidents; (5) principles of using distance, cover, and time when approaching and managing critical incidents, and elimination of the use of concepts like the ``21-foot rule'' and ``drawing a line in the sand'' in favor of using distance and cover to create a ``reaction gap''; (6) crisis intervention strategies to appropriately identify and respond to individuals suffering from mental health or substance abuse issues, with an emphasis on de- escalation tactics and promoting effective communication; and (7) other evidence-based approaches, found to be appropriate by the Attorney General, that enhance de-escalation skills and tactics, such as the Critical Decision-Making Model and scenario based trainings. In the case of individuals attending an academy, such training session shall be for such an appropriate amount of time as to ensure academy participants receive effective training under this subsection and in the case of all other law enforcement officers, the training session shall be for an appropriate amount of time as to ensure officers receive effective training under this subsection. The State or unit of local government shall certify to the Attorney General of the United States that such training sessions have been completed. (b) Scenario-Based Training.--Training described in subsection (a) shall be conducted with an emphasis on training that employs theories of de-escalation techniques and applies them to practical on-the-job scenarios that regularly face law enforcement officers. (c) Cross-Training.--To the extent practicable, principles of training as described in subsection (a) shall be applied to other training conducted at the academy. (d) Compliance and Ineligibility.-- (1) Compliance date.--Beginning not later than 1 year after the date of this Act, each State or unit of local government receiving a grant shall comply with subsection (a), except that the Attorney General may grant an additional 6 months to a State or unit of local government that is making good faith efforts to comply with such subsection. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State or unit of local government that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 20-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (e) Reallocation.--Amounts not allocated under a program referred to in subsection (b)(2) to a State or unit of local government for failure to fully comply with subsection (a) shall be reallocated under that program to States and units of local government that have not failed to comply with such subsection. (f) Evidence-Based Practices.--For purposes of subsection (a)(4), the Attorney General shall maintain a list of evidence-based practices it determines is successful in enhancing de-escalation skills of law enforcement officers. The Attorney General shall regularly update this list as needed and shall publish the list to the public on a yearly basis. SEC. 3. DATA COLLECTION. The Attorney General shall collect data on efforts undertaken by Federal fund recipients to enhance de-escalation training for law enforcement officers. SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE. (a) In General.--In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails by the end of a fiscal year to enact or have in effect laws, policies, or procedures that sets forth an affirmative duty on a law enforcement officer of that State or unit of local government, whenever possible, to employ de-escalation techniques in which the officer has received training required under section 2(a), the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent. (b) Reallocation.--Amounts not allocated under a program referred to in subsection (a) to a State or unit of local government for failure to be in compliance with this section shall be reallocated under that program to States and units of local government that are in compliance with this section. SEC. 5. ATTORNEY GENERAL GUIDANCE. Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidance, for the benefit of States and units of local government, on compliance with the requirements of this Act.

Preventing Tragedies Between Police and Communities Act of 2016 This bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on de-escalation techniques. The Department of Justice (DOJ) may reduce by up to 20% the JAG allocation of a state or local government that fails to comply. DOJ must collect data on the efforts of state and local governments to enhance de-escalation training for law enforcement officers. Additionally, a state or local government that receives JAG program funding must enact a law, policy, or procedure that establishes an affirmative duty on a law enforcement officer to use de-escalation techniques. DOJ must reduce by 15% the JAG allocation of a state or local government that fails to enact such law, policy, or procedure. DOJ must issue guidance on compliance with these requirements.

Preventing Tragedies Between Police and Communities Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kissimmee River Wild and Scenic River Study Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The Kissimmee River has undergone, over the course of two decades, the largest river restoration effort in the world. (2) Extending approximately 105 miles from Orlando to Lake Okeechobee, the Kissimmee River forms the headwaters of Lake Okeechobee and the Everglades and serves as a vital component of ecosystem restoration in South Florida as a whole. (3) The Kissimmee River Restoration Project has significantly improved approximately 63,000 acres of wetlands within the Kissimmee River watershed and reestablished an environment suitable for fish, wildlife, and the wetland plants that existed prior to the Kissimmee River's channelization in the 1960s. (4) The Kissimmee River Restoration Project is expected to be completed in 2020, at which point it is expected to reestablish historic hydrologic conditions, recreate historic river and floodplain connectivity, recreate the historic mosaic of wetland plant communities, and restore historic biological diversity and functionality. (5) After decades of restoration efforts and the expenditure of nearly a billion dollars, upon completion of the Kissimmee River Restoration Project, a study should be conducted to determine the eligibility of including the fully restored Kissimmee River into the National Wild and Scenic River program to preserve the fully restored free-flowing condition and immediate environment of the river for the benefit and enjoyment of present and future generations. (6) Inclusion of the Kissimmee River into the National Wild and Scenic River program would be a fitting tribute to the hard work of the Army Corps of Engineers and the South Florida Water Management District's restoration work. SEC. 3. DESIGNATION FOR STUDY. (a) Designation for Potential Addition.--Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Kissimmee river, florida.--The segment from the southern shore of Lake Kissimmee to its confluence with Lake Okeechobee.''. (b) Study.--Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Kissimmee river, florida.-- ``(A) In general.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall complete a study of the Kissimmee River, as described in subsection (a)(__), and submit a report describing the results of such study to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. ``(B) Report requirements.--The report required under subparagraph (A) shall-- ``(i) include a discussion of the effect of the designation of the segment to be studied under subsection (a)(__) on-- ``(I) existing commercial and recreational activities, such as cattle ranching, dairy production, hunting, fishing, trapping, recreational shooting, motor boat use, or bridge construction; ``(II) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; ``(III) military operations; and ``(IV) the authority of State and local governments to manage the activities described in subclauses (I) and (II); and ``(ii) identify-- ``(I) all authorities that will authorize or require the Secretary of the Interior to influence local land use decisions (such as zoning) or place restrictions on non-Federal land if the area studied under subsection (a)(__) is designated under the Wild and Scenic Rivers Act; ``(II) all authorities that the Secretary of the Interior may use to condemn property if the area studied under subsection (a)(__) is designated under the Wild and Scenic Rivers Act; and ``(III) all private property located in the area to be studied under subsection (a)(__). ``(C) Noninterference.--This study shall not interfere with the Kissimmee River Restoration Project authorized under section 101(8) of the Water Resources Development Act of 1992 (Public Law 102-580).''. (c) No Negative Impact.--Nothing authorized by this Act may negatively impact agricultural production in the Kissimmee River basin. (d) No Effect on Management.--This Act and the amendments made by this Act shall not interfere with the current management of the area of the Kissimmee River described in section 5(a)(__) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justification for more restrictive management, such as wilderness or as a category of wild and scenic river, until Congress acts on the study recommendations. Passed the House of Representatives April 16, 2018. Attest: KAREN L. HAAS, Clerk.

Kissimmee River Wild and Scenic River Study Act of 2017 This bill amends the Wild and Scenic Rivers Act to designate the segment of the Kissimmee River in Florida from the southern shore of Lake Kissimmee to its confluence with Lake Okeechobee for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior shall complete a study of such river segment. The study shall not interfere with the Kissimmee River Restoration Project authorized under the Water Resources Development Act of 1992.

Kissimmee River Wild and Scenic River Study Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Agency Sunset Act of 1993''. SEC. 2. TRANSFER OF FUNCTIONS. (a) In General.--There are transferred to and vested in the Secretary of Defense all functions, powers, and duties of the Director of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and any other provision of law. (b) Effective Date.--The transfer of authority under subsection (a) shall take effect beginning on the 90th day after the date of the enactment of this Act. SEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. (a) In General.--The personnel (including members of the Senior Executive Service) employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with, any function transferred by section 2 of this Act, subject to section 1531 of title 31, United States Code, shall be transferred to the Secretary of Defense for appropriate allocation. Personnel employed in connection with functions so transferred or transferred in accordance with any other lawful authority, shall be transferred in accordance with any applicable laws and regulations relating to transfer of functions. Unexpended funds transferred pursuant to this subsection shall only be used for the purpose for which the funds were originally authorized and appropriated. (b) Facilitation of Transfer by O.M.B.--In order to facilitate the transfers made by section 2 of this Act, the Director of the Office of Management and Budget is authorized and directed, in consultation with the Director of the Federal Emergency Management Agency and the Secretary of Defense, to make such determinations as may be necessary with regard to the functions so transferred, and to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with, such functions, as may be necessary to resolve any disputes between the Director of the Federal Emergency Management Agency and the Secretary of Defense. (c) Planning.--The Director of the Federal Emergency Management Agency and the Secretary of Defense shall, beginning as soon as practicable after the date of the enactment of this Act, jointly plan for the orderly transfer of functions and personnel pursuant to this Act. SEC. 4. EFFECT ON PERSONNEL. (a) Rate of Pay.--Employees covered by the merit pay system under chapter 54 of title 5, United States Code, who are transferred under section 3 of this Act to the Department of Defense shall have their rate of basic pay adjusted in accordance with section 5402 of such title. With respect to the evaluation period during which such an employee is transferred, merit pay determinations for that employee shall be based on the factors in section 5402(b)(2) of such title as appraised in performance appraisals administered by the Federal Emergency Management Agency in accordance with chapter 43 of title 5, United States Code, in addition to those administered by the agency to which the employee is transferred. (b) Use of Services of F.E.M.A. Personnel.--With the consent of the Director of the Federal Emergency Management Agency, the Secretary of Defense is authorized to use the services of such officers, employees, and other personnel of the Federal Emergency Management Agency for such period of time as may reasonably be needed to facilitate the orderly transfer of such functions. SEC. 5. SAVING PROVISIONS. (a) Existing Orders, Determinations, Rules, Regulations, and Agreements.--All orders, determinations, rules, regulations, and agreements-- (1) which have been issued, made, granted, or allowed to become effective by the President, any agency or official thereof, or by a court of competent jurisdiction, in the performance of any function which is transferred by section 2 of this Act; and (2) which are in effect on the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Secretary of Defense, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b) Pending Applications.--The transfers of functions made by section 2 of this Act shall not affect any application for any financial assistance pending at the time such transfers take effect before the Director of the Federal Emergency Management Agency. (c) Pending Suits.--Except as provided in subsection (e)-- (1) the transfer of any function under section 2 of this Act shall not affect any suit relating to such function which is commenced prior to the date the transfer takes effect; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if section 2 of this Act had not been enacted. (d) Causes of Action.--No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Federal Emergency Management Agency shall abate by reason of the transfer of any function under section 2 of this Act. No cause of action by or against the Federal Emergency Management Agency, or by or against any officer thereof in his official capacity, shall abate by reason of the transfer of any function under section 2 of this Act. (e) Party to a Suit.--If, before the date of the enactment of this Act, the Federal Emergency Management Agency, or officer thereof in his official capacity, is a party to a suit relating to a function transferred by section 2 of this Act, then such suit shall be continued with the Secretary of Defense. (f) References.--With respect to any function transferred to the Secretary of Defense by section 2 of this Act and exercised after the effective date of such transfer, reference in any Federal law to the Federal Emergency Management Agency, or to any officer or office of the Federal Emergency Management Agency, shall be deemed to refer to the Department of Defense, or other official or component of the Department of Defense. (g) Force and Effect of Actions.--In the exercise of any function transferred under section 2 of this Act, the Secretary of Defense shall have the same authority as that vested in the Director of the Federal Emergency Management Agency with respect to such function, immediately preceding its transfer, and actions of the Secretary of Defense shall have the same force and effect as when exercised by the Director of the Federal Emergency Management Agency. (h) Continuity.--In exercising any function transferred by section 2 of this Act, the Secretary of Defense shall give full consideration to the need for operational continuity of the function transferred.

Federal Emergency Management Agency Sunset Act of 1993 - Transfers all powers, funds, and personnel of the Federal Emergency Management Agency to the Secretary of Defense. Provides for the adjustment of the rate of basic pay of personnel transferred to the Department of Defense who are currently covered by Federal merit pay provisions. Continues all existing orders, rules, regulations, and agreements and pending applications for financial assistance or lawsuits concerning functions transferred under this Act.

Federal Emergency Management Agency Sunset Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 1998''. SEC. 2. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child-- ``(i) prior to termination of parental rights and the initiation of adoption proceedings was in the care of a public or licensed private child care agency or Indian tribal organization either pursuant to a voluntary placement agreement (provided the child was in care for not more than 180 days) or as a result of a judicial determination to the effect that continuation in the home would be contrary to the safety and welfare of such child, or was residing in a foster family home or child care institution with the child's minor parent (either pursuant to such a voluntary placement agreement or as a result of such a judicial determination); and ``(ii) has been determined by the State pursuant to subsection (c) to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that-- ``(i) would be considered a child with special needs under subsection (c); ``(ii) is not a citizen or resident of the United States; and ``(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.''. (c) Requirement for Use of State Savings.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following: ``(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 2(a) of the Adoption Equality Act of 1998 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1998. SEC. 3. REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE COSTS. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(7), by striking ``section 1919(g)(3)(B)'' and inserting ``subsection (x) and section 1919(g)(3)(C)''; and (2) by adding at the end the following: ``(x) Adjustments to Payments for Administrative Costs.-- ``(1) Reductions in payments for administrative costs based on determinations of amounts attributable to benefiting programs.-- ``(A) In general.--Subject to paragraph (2), effective for each of fiscal years 1999 through 2002, the Secretary shall reduce, for each such fiscal year, the amount paid under subsection (a)(7) to each State by an amount equal to the amount determined for the medicaid program under section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)). The Secretary shall, to the extent practicable, make the reductions required by this paragraph on a quarterly basis. ``(B) Application.--If the Secretary does not make the determinations required by section 16(k)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(2)(B)) by September 30, 1999-- ``(i) during the fiscal year in which the determinations are made, the Secretary shall reduce the amount paid under subsection (a)(7) to each State by an amount equal to the sum of the amounts determined for the medicaid program under section 16(k)(2)(B) of the Food Stamp Act of 1977 for fiscal year 1999 through the fiscal year during which the determinations are made; and ``(ii) for each subsequent fiscal year through fiscal year 2002, subparagraph (A) applies. ``(C) Application of appeal of determinations.--The provisions of section 16(k)(4) of the Food Stamp Act of 1977 (7 U.S.C. 20205(k)(4)) apply to reductions in payments under this subsection in the same manner as they apply to reductions under section 16(k) of that Act. ``(2) Bonus payment for program alignment.-- ``(A) In general.-- ``(i) Amount.--In addition to any other payment made under this title to a State for a fiscal year, the Secretary shall pay to each State that satisfies the requirements of clause (ii) a portion of the amount by which-- ``(I) any decrease in Federal outlays for amounts paid under subsection (a)(7) with respect to the State for the fiscal year as a result of the application of paragraph (1), as determined by the Congressional Budget Office, exceeds ``(II) any increase in Federal outlays with respect to the State for the fiscal year as a result of the application of section 473(a), as amended by section 2 of the Adoption Equality Act of 1998, as determined by the Congressional Budget Office. ``(ii) Requirements.--A State satisfies the requirements of this clause if the Secretary determines that-- ``(I) the State's income and resource eligibility rules under section 1931, taking into account the income standards and methodologies applied by the State, are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families program funded under part A of title IV (other than for a welfare-to-work program funded under section 403(a)(5)); and ``(II) the State assures the Secretary that families applying for assistance under the temporary assistance to needy families program funded under part A of title IV (other than families applying solely for assistance under a welfare-to-work program funded under section 403(a)(5)) may apply for medical assistance under the State plan under this title without having to submit a separate application for such medical assistance. ``(B) Construction.--Nothing in subparagraph (A) shall be construed as-- ``(i) affecting the application of section 1931; ``(ii) affecting any application requirements established under this title or by regulation promulgated under the authority of this title, including the requirements established under section 1902(a)(8); or ``(iii) conditioning the right of an individual to apply for medical assistance under the State plan under this title upon an application for assistance under any State program funded under part A of title IV. ``(3) Allocation of administrative costs.-- ``(A) In general.--No funds or expenditures described in subparagraph (B) may be used to pay for costs-- ``(i) eligible for reimbursement under subsection (a)(7) (or costs that would have been eligible for reimbursement but for this subsection); and ``(ii) allocated for reimbursement to the medicaid program under a plan submitted by a State to the Secretary to allocate administrative costs for public assistance programs. ``(B) Funds and expenditures.--Subparagraph (A) applies to-- ``(i) funds made available to carry out part A of title IV or title XX; ``(ii) expenditures made as qualified State expenditures (as defined in section 409(a)(7)(B)); ``(iii) any other Federal funds (except funds provided under subsection (a)(7)); and ``(iv) any other State funds that are-- ``(I) expended as a condition of receiving Federal funds; or ``(II) used to match Federal funds under a Federal program other than the medicaid program.''. (b) Copies of Report on Review of Methodology Used To Make Certain Determinations.--Section 502(b)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (Public Law 105-185; 112 Stat. 523) is amended by inserting ``, the Committee on Commerce of the House of Representatives, the Committee on Finance of the Senate,'' after ``Representatives''.

Adoption Equality Act of 1998 - Amends title IV part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act (SSA) to revise adoption assistance eligibility guidelines for children with special needs. (Sec. 2) Makes eligible for such assistance only children with special needs who before termination of parental rights and the initiation of adoption proceedings were: (1) in the care of a public or licensed private child care agency or Indian tribal organization, either pursuant to a voluntary placement agreement (provided the child was in care for not more than 180 days), or as a result of a judicial determination to the effect that continuation in the home would be contrary to the child's safety and welfare; or (2) residing in a foster family home or child care institution with the child's minor parent. Requires a State to consider such special needs, together with the circumstances of the adopting parents, in determining the amount of Federal adoption subsidies paid to them. Prohibits assistance with respect to any child who is not a U.S. citizen or resident and who was adopted outside the United States or was brought into it for adoption purposes. (Sec. 3) Prescribes guidelines under which the Secretary of Health and Human Services shall reduce, for specified fiscal years, Federal payments to the States for administrative costs based on determinations of amounts attributable to the Medicaid program under the Food Stamp Act of 1977. Requires the Secretary to make a bonus payment to any State: (1) whose income and eligibility rules are not more restrictive than the income and resource eligibility rules applied by the State for the temporary assistance to needy families (TANF) program funded under SSA title IV part A; and (2) which assures the Secretary that families applying for TANF may apply for Medicaid under SSA title XIX.

Adoption Equality Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Administration and Improvement Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth......................................................... 21''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth....................................................... 8''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Anchorage, Missoula.''. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date. (b) Election by Certain Circuit Judges.--A circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election. (c) Vacancies.--For each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b). SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. (a) In General.--For each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act. (b) Vacancies.--For each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled. SEC. 9. SENIORITY OF JUDGES. (a) In General.--The seniority of each judge-- (1) who elects to be assigned to the twelfth circuit under section 6(b); (2) who elects to be assigned to the new ninth circuit under section 6(b); or (3) who elects to be assigned to the twelfth circuit under section 7, shall run from the date of commission of such judge as a judge of the former ninth circuit. (b) Temporary Twelfth Circuit Judges.--The seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 11. ADMINISTRATION. (a) In General.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.

Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.

Judicial Administration and Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Peacekeeping Reform Act of 1997''. SEC. 2 LIMITATION ON THE USE OF FUNDS FOR UNITED NATIONS PEACEKEEPING ACTIVITIES. (a) Limitation.--Notwithstanding any other provision of law, none of the funds made available to the Department of State under the account ``Contributions for International Peacekeeping Activities'' or any other funds made available to the Department of State under any law to pay for assessed or voluntary contributions to United Nations peacekeeping activities shall be available for obligation or expenditure to the United Nations to establish, expand in size, or modify in mission a United Nations peacekeeping operations unless, with respect to such peacekeeping operation-- (1) the President submits a certification to the appropriate congressional committees under subsection (c); and (2) except as provided in paragraph (b), the President has notified the appropriate congressional committees of the intent to support the establishment of the peacekeeping operation at least 15 days before any vote in the Security Council to establish, expand, or modify such operation. The notification shall include the following: (A) A cost assessment of such action (including the total estimated cost and the United States share of such cost). (B) Identification of the source of funding for the United States share of the costs of the action (whether in an annual budget request, reprogramming notification, a rescission of funds, a budget amendment, or a supplemental budget request. (b) Presidential Determination of Existence of Emergency.--If the President determines that an emergency exists which prevented submission of the 15-day advance notification specified in paragraph (a) and that the proposed action is in the direct national security interests of the United States, the notification described in paragraph (a) shall be provided in a timely manner but no later than 48 hours after the vote by the Security Council. (c) Certification to Congress.--The President shall determine and certify to the Congress that the United Nations Peacekeeping operation described under paragraph (a) meets the following requirements: (1) The operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations peacekeeping forces for the purpose of seeking an enduring solution to the conflict. (2) With respect to any assessed contribution to such United Nations peacekeeping activity, the percentage of the United States assessed share for the total cost of the operation is no greater than the percentage of the United States assessed share for the regular United Nations budget. (3) In the event that the provision of United States intelligence information involving sensitive sources and methods on intelligence gathering is planned to be provided to the United Nations to support the operation, adequate measures have been taken by the United Nations to protect such information. (4) With respect to the participation in the operation of units of the United States Armed Forces trained to carry out direct combat missions-- (A) the operation directly advances United States national security interests, (B) the participation of such units is critical to the success of the operation, (C) such units will be under the operational command and control of the United States Armed Forces, and (D) any member of the United States Armed Forces participating in the operation would have access to the full protection of the Geneva Convention Relative to the Treatment of Prisoners of War (signed at Geneva, August 12, 1949) if captured and held by combatants or other parties to the conflict. (d) Definitions.--As used in this section: (1) the term ``appropriate congressional committees'' means the Foreign Relations and Appropriations Committees of the Senate and the International Relations and Appropriations Committees of the House of Representatives; (2) the term ``adequate measures'' refers to the implementation of procedures for protecting intelligence sources and methods (including protection from release to nations and foreign nationals that are otherwise not eligible to receive such information) no less stringent than procedures maintained by nations with which the United States regularly shares similar types of intelligence information, as determined by the Director of Central Intelligence upon consultation with the Secretary of State and Secretary of Defense; and (3) the term ``direct combat'' means engaging an enemy or hostile force with individual or crew-served weapons while being exposed to direct enemy fire, a high probability of direct physical contact with the enemy or hostile force, and a substantial risk of capture.

International Peacekeeping Reform Act of 1997 - Prohibits funds made available to the Department of State under the Contributions for International Peacekeeping Activities Account, or under any law to pay for contributions for United Nations peacekeeping activities, from being available to the United Nations for the establishment, expansion, or modification in mission of a United Nations peacekeeping operation unless the President: (1) makes the certification required by this Act; and (2) notifies the Congress, at least 15 days before (or in the event of an emergency, within 48 hours after) any vote by the United Nations Security Council to establish, expand, or modify such operation, of the intent to support the operation. Directs the President to certify that the peacekeeping operation meets the following requirements: (1) the operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations forces to seek an enduring solution to the conflict; (2) the percentage of the U.S.-assessed share of the operation's cost is no greater than the percentage of the share for the regular United Nations budget; (3) adequate measures have been taken by the United Nations to protect sensitive U.S.-supplied intelligence information; and (4) with respect to units of the U.S. armed forces trained to carry out direct combat missions, the operation advances U.S. national security interests, the units are critical to the success of the operation and will be under U.S. command and control, and any armed forces member would be protected by the Geneva Convention Relative to the Treatment of Prisoners of War.

International Peacekeeping Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012'' or the ``SAFE DOSES Act''. SEC. 2. THEFT OF MEDICAL PRODUCTS. (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 670. Theft of medical products ``(a) Prohibited Conduct.--Whoever, in, or using any means or facility of, interstate or foreign commerce-- ``(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre- retail medical product; ``(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product; ``(3) knowingly possesses, transports, or traffics in a pre- retail medical product that was involved in a violation of paragraph (1) or (2); ``(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen; ``(5) with intent to defraud, sells, or distributes, a pre- retail medical product that is expired or stolen; or ``(6) attempts or conspires to violate any of paragraphs (1) through (5); shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section. ``(b) Aggravated Offenses.--An offense under this section is an aggravated offense if-- ``(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or ``(2) the violation-- ``(A) involves the use of violence, force, or a threat of violence or force; ``(B) involves the use of a deadly weapon; ``(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or ``(D) is subsequent to a prior conviction for an offense under this section. ``(c) Criminal Penalties.--Whoever violates subsection (a)-- ``(1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both; ``(2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and ``(3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years. ``(d) Civil Penalties.--Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of-- ``(1) three times the economic loss attributable to the violation; or ``(2) $1,000,000. ``(e) Definitions.--In this section-- ``(1) the term `pre-retail medical product' means a medical product that has not yet been made available for retail purchase by a consumer; ``(2) the term `medical product' means a drug, biological product, device, medical food, or infant formula; ``(3) the terms `device', `drug', `infant formula', and `labeling' have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act; ``(4) the term `biological product' has the meaning given the term in section 351 of the Public Health Service Act; ``(5) the term `medical food' has the meaning given the term in section 5(b) of the Orphan Drug Act; and ``(6) the term `supply chain' includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 18, United States Code, is amended by adding after the item relating to section 669 the following: ``670. Theft of medical products.''. SEC. 3. CIVIL FORFEITURE. Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ``670,'' after ``657,''. SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES. (a) Interstate or Foreign Shipments by Carrier.--Section 659 of title 18, United States Code, is amended by adding at the end of the fifth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.''. (b) Racketeering.-- (1) Travel act violations.--Section 1952 of title 18, United States Code, is amended by adding at the end the following: ``(d) If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre- retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.''. (2) Money laundering.--Section 1957(b)(1) of title 18, United States Code, is amended by adding at the end the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.''. (c) Breaking or Entering Carrier Facilities.--Section 2117 of title 18, United States Code, is amended by adding at the end of the first undesignated paragraph the following: ``If the offense involves a pre- retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (d) Stolen Property.-- (1) Transportation of stolen goods and related offenses.-- Section 2314 of title 18, United States Code, is amended by adding at the end of the sixth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (2) Sale or receipt of stolen goods and related offenses.-- Section 2315 of title 18, United States Code, is amended by adding at the end of the fourth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (e) Priority Given to Certain Investigations and Prosecutions.--The Attorney General shall give increased priority to efforts to investigate and prosecute offenses under section 670 of title 18, United States Code, that involve pre-retail medical products. SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE. Section 2516(1) of title 18, United States Code, is amended-- (1) by redesignating paragraph (s) as paragraph (t); (2) by striking ``or'' at the end of paragraph (r); and (3) by inserting after paragraph (r) the following: ``(s) any violation of section 670 (relating to theft of medical products); or''. SEC. 6. REQUIRED RESTITUTION. Section 3663A(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii), by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(iv) an offense under section 670 (relating to theft of medical products); and''. SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 670 of title 18, United States Code, as added by this Act, section 2118 of title 18, United States Code, or any another section of title 18, United States Code, amended by this Act, to reflect the intent of Congress that penalties for such offenses be sufficient to deter and punish such offenses, and appropriately account for the actual harm to the public from these offenses. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect-- (A) the serious nature of such offenses; (B) the incidence of such offenses; and (C) the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act; (3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements; (5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; and (6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act. Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.

To amend title 18, United States Code, to prohibit theft of medical products, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete America's Great Trails Act''. SEC. 2. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. (a) In General.--Subpart B 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 section: ``SEC. 30E. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. ``(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 fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year. ``(b) National Scenic Trail Conservation Contribution.--For purposes of this section-- ``(1) In general.--The term `National Scenic Trail conservation contribution' means any qualified conservation contribution-- ``(A) to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and ``(B) with respect to which the taxpayer makes an election under this section. ``(2) National scenic trail.--The term `National Scenic Trail' means any trail authorized and designated under section 5 of the National Trails System Act (16 U.S.C. 1244), but only if such trail is at least 200 miles in length. ``(3) Trail corridor.-- ``(A) In general.--The term `trail corridor' means so much of the corridor of a trail as is-- ``(i) subject to subparagraph (B), not less than 150 feet wide on each side of such trail, and ``(ii) not greater than 2,640 feet wide. ``(B) Exceptions.-- ``(i) Less than 150 feet wide on a side of the trail.--In the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of the trail, the trail corridor shall include the entire distance with respect to such interest on such side. ``(ii) Building and structures near the trail.--In the case of an interest in real property of the taxpayer which includes a residence or structure owned by the taxpayer which is located less than 150 feet from the trail, the trail corridor for the side of the trail on which the residence or structure is located shall include such distance from the trail as is determined appropriate by the taxpayer. ``(4) Qualified conservation contribution; qualified real property interest.--The terms `qualified conservation contribution' and `qualified real property interest' have the respective meanings given such terms by section 170(h), except that paragraph (2)(A) thereof shall be applied without regard to any qualified mineral interest (as defined in paragraph (6) thereof). ``(c) Special Rules.-- ``(1) Fair market value.--Fair market value of any National Scenic Trail conservation contribution shall be determined in the same manner as qualified conservation contributions under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution. ``(2) Election irrevocable.--An election under this section may not be revoked. ``(3) Denial of double benefit.--No deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used in a trade or business or held for the production of income shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(e) Carryforward of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds-- ``(A) the limitation imposed by section 26(a) for any taxable year, reduced by ``(B) the sum of the credits allowable under subpart A (other than this section) for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Limitation.--No credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.''. (b) Continued Use Not Inconsistent With Conservation Purposes.--A contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act (16 U.S.C. 1241 et seq.). (c) Study Regarding Efficacy of National Scenic Trail Conservation Credit.-- (1) In general.--The Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study-- (A) the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and (B) the feasibility and estimated costs and benefits of-- (i) making such credit refundable (in whole or in part), and (ii) allowing transfer of such credit. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection. (d) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``30E. National Scenic Trail conservation credit.''. (e) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

Complete America's Great Trails Act This bill amends the Internal Revenue Code to allow a tax credit for the fair market value of any National Scenic Trail conservation contribution. The Department of the Interior must study and report on the efficacy of such tax credit in completing, extending, and increasing the number of National Scenic Trails and the feasibility and cost of making such credit refundable and transferable.

Complete America’s Great Trails Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Nonproliferation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous bi-partisan commissions and study groups, including the Iraq Study Group co-chaired by James A. Baker III and Lee H. Hamilton, a 2004 working group established under the Council on Foreign Relations and co-chaired by Robert Gates and Zbigniew Brzezinski, and a 2001 Atlantic Council of the United States Working Group, co-chaired by Lee H. Hamilton, James Schlesinger, and Brent Scowcroft have called for various forms of dialogue and engagement with Iran in order to achieve United States strategic interests in the Middle East region. (2) Implementing effective strategies to deflect or deter Iran from acquiring nuclear weapons, or pursuing the development of nuclear weapons capabilities, is an important United States strategic interest. (3) Establishing a diplomatic dialogue with the Government of Iran and deepening relationships with the Iranian people would help foster greater understanding between the people of Iran and the people of the United States and would enhance the stability and security of the Persian Gulf region, including by reducing the threat of the proliferation or use of nuclear weapons in the region, while advancing other United States foreign policy objectives in that region. (4) The Iraq Study Group Report states ``Iran's interests would not be served by a failure of U.S. policy that led to chaos and the territorial disintegration of the Iraqi state'', and therefore, the Government of the United States should build upon this mutual interest to develop a diplomatic dialogue with the Government of Iran concerning deteriorating conditions in Iraq, which can become a basis of broader future United States- Iranian engagement. (5) Given the dispersal of Iran's nuclear program at sites throughout the country and their proximity to urban centers, the use of military force against Iran would be extraordinarily difficult and probably ineffective, the immediate consequences and loss of life would be drastic, and the long-term instability generated would be against long-term United States interests in the region. (6) Any military action designed to eliminate Iran's capacity to produce nuclear weapons would run the significant risk of reinforcing and accelerating the desire of the Government of Iran to acquire a nuclear deterrent and compounding nationalist passions in defense of that very course, and would most likely also generate hostile Iranian initiatives in Iraq and Afghanistan. (7) Together, the ongoing efforts of the International Atomic Energy Agency (IAEA) along with corresponding multilateral sanctions recently adopted by the United Nations Security Council offer a viable path for steering Iran's nuclear efforts along peaceful lines, provided that there is close multilateral coordination and steadfastness in the adherence to the sanctions and firm United States leadership in support of the multilateral effort. (8) According to the most definitive United States intelligence reports, Iran is likely a decade away from acquiring the know-how and material to have an option to build a nuclear weapon, and even the most pessimistic analysis by outside experts puts the timeline at least three years away, assuming Iran suffers no setbacks during development, which would be unprecedented. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) full diplomatic, political, and economic relations between the United States and Iran cannot be normalized unless and until enforceable safeguards are put in place to prevent weaponization of Iran's nuclear program and the Government of Iran ends its support for international terrorist groups, but the attainment of these policy objectives should not constitute preconditions for any diplomatic dialogue; and (2) no congressional authorization for the use of military force in any Act of Congress enacted before the date of the enactment of this Act constitutes, either implicitly or explicitly, an authorization for the use of military force against Iran or its nuclear program. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States not to enter into a preemptive war against Iran in the absence of an imminent threat, and then only in accordance with international law and constitutional and statutory requirements for congressional authorization. SEC. 5. LIMITATION ON USE OF FUNDS. No funds appropriated or otherwise made available to the Department of Defense or any other department or agency of the Government of the United States may be used to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat, in accordance with international law and constitutional and statutory requirements for congressional authorization.

Iran Nuclear Nonproliferation Act - Expresses the sense of Congress that: (1) full diplomatic, political, and economic relations between the United States and Iran cannot be normalized unless enforceable safeguards are put in place to prevent weaponization of Iran's nuclear program and the government of Iran ends its support for international terrorist groups, but the attainment of these objectives should not constitute preconditions for any diplomatic dialogue; and (2) no congressional authorization for the use of military force in any Act enacted before the date of enactment of this Act constitutes an authorization for the use of military force against Iran or its nuclear program. States as the policy of the United States not to enter into a preemptive war against Iran in the absence of an immediate threat, and then only in accordance with international law and constitutional and statutory requirements for congressional authorization. Prohibits funds available to the Department of Defense (DOD) or any other federal department or agency from being used to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat.

To prohibit the use of funds to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat, in accordance with international law and constitutional and statutory requirements for congressional authorization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Every year, 13,500 children in the United States are diagnosed with cancer. (2) While the cure rates for some childhood cancers are now over 80 percent, the survival rates for many types of cancers in children remain extremely low. (3) According to the Centers for Disease Control and Prevention, cancer continues to be the leading cause of death by disease in children and adolescents under the age of 14. (4) There are currently more than 360,000 childhood cancer survivors living in the United States. (5) As many as two-thirds of childhood cancer survivors experience at least one long-term health effect of their cancer treatment, including secondary malignancies, cardiopulmonary damage, physical and intellectual developmental impairments, endocrine disorders, and others. (6) Collection of biospecimens and clinical and demographic data on the maximum possible number of children with cancer in the United States is necessary to improve childhood cancer treatments and cures. Currently biospecimens and some demographic data are collected for less than half of children with cancer. SEC. 3. COMPREHENSIVE CHILDREN'S CANCER BIOREPOSITORIES. (a) In General.--Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) by redesignating subsections (c) and (d) as subsections (k) and (l), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) Comprehensive Children's Cancer Biorepositories.--The Secretary, acting through the Director of NIH, may make an award for a duration of at least 5 years to an entity or entities described in subsection (d) to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 percent of all children, adolescents, and young adults with cancer in 1 or more Comprehensive Children's Cancer Biorepositories to achieve a better understanding of the cause of such cancers and the effects of treatments for such cancers. ``(b) Use of Funds.--Amounts received under the award under subsection (a) may be used to carry out the following: ``(1) Prospectively acquire, preserve, and store high- quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. ``(2) Maintain a secure searchable database on stored biospecimens and associated clinical and demographic data from children, adolescents, and young adults with cancer for the conduct of research by scientists and qualified health care professionals. ``(3) Establish procedures for evaluating applications for access to such biospecimens and clinical and demographic data from researchers and other qualified health care professionals. ``(4) Make available and distribute biospecimens and clinical and demographic data from children, adolescents, and young adults with cancer to researchers and qualified health care professionals for peer-reviewed research at a minimal cost. ``(c) No Requirement.--No child, adolescent, or young adult with cancer shall be required to contribute a specimen to a Biorepository or share clinical or demographic data. ``(d) Application; Considerations.-- ``(1) Application.--To be eligible to receive an award under subsection (a) an entity shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may reasonably require. ``(2) Considerations.--In evaluating the applications in paragraph (1), the Secretary shall consider the existing infrastructure of the entity that would allow for the timely capture of biospecimens and related clinical and demographic information for children, adolescents, and young adults with cancer. ``(e) Privacy Protections; Consent.-- ``(1) In general.--The Secretary may not make an award under subsection (a) to an entity unless the Secretary ensures that such entity-- ``(A) collects biospecimens and associated clinical and demographic information from children with appropriate permission from parents or legal guardians in accordance with Federal and State law; and ``(B) adheres to strict confidentiality to protect the identity and privacy of patients in accordance with Federal and State law. ``(2) Consent.--The Secretary shall establish an appropriate process for achieving consent from the patient, parent, or legal guardian. ``(f) Single Point of Access; Standard Data; Guidelines and Oversight.-- ``(1) Single point of access.--The Secretary shall ensure that a Biorepository established under subsection (a) has electronically searchable data for use by researchers and other qualified health care professionals in the manner and to the extent defined by the Secretary. ``(2) Standard data.--The Secretary shall require all recipients of an award under this section to make available a standard dataset for the purposes of paragraph (1) in a standard electronic format that enables researchers and qualified health care professionals to search. ``(3) Guidelines and oversight.--The Secretary shall develop and disseminate appropriate guidelines for the development and maintenance of the biorepositories authorized under this section, including appropriate oversight. ``(g) Definitions.-- ``(1) Award.--The term `award' includes a grant, contract, cooperative agreement, or other mechanism determined by the Secretary. ``(2) Biospecimen.--The term `biospecimen' includes-- ``(A) solid tumor tissue or bone marrow; ``(B) normal or control tissue; ``(C) blood/plasma; ``(D) DNA and RNA extractions; ``(E) familial DNA; and ``(F) any other sample required by the Secretary. ``(3) Clinical and demographic information.--The term `clinical and demographic information' shall include-- ``(A) date of diagnosis; ``(B) age at diagnosis; ``(C) patient's gender, race and ethnicity; ``(D) extent of disease at enrollment; ``(E) site of metastases; ``(F) location of primary tumor coded; ``(G) histologic diagnosis; ``(H) tumor marker data when available; ``(I) treatment and outcome data; ``(J) information related to specimen quality; and ``(K) any other information required by the Secretary. ``(h) Coordination.--The Secretary shall ensure that clinical and demographic information collected in accordance with this section is collected in coordination with the information collected under section 399E-1. ``(i) Prohibition on Use of Funds.--Funds made available under this section shall not be used to acquire, preserve, or maintain a biospecimen collected from a patient if such activity is already covered by funds available from the National Cancer Institute for such purpose. ``(j) Report.--Not later than 4 years after the date of enactment of the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act, the Secretary shall submit to Congress a report on-- ``(1) the number of biospecimens and corresponding clinical demographic data collected through the Comprehensive Children's Cancer Biorepositories established under subsection (a); ``(2) the number of biospecimens and corresponding clinical demographic data requested for use by researchers; ``(3) any barriers to the collection of biospecimens and corresponding clinical demographic data; ``(4) any barriers experienced by researchers or health care professionals in accessing the biospecimens and corresponding clinical demographic data necessary for use in research; and ``(5) any recommendations with respect to improving the Comprehensive Children's Cancer Biorepository program under this section.''; and (3) in subsection (l), as so redesignated-- (A) by striking ``$30,000,000'' and inserting ``$10,000,000''; and (B) by striking ``2013'' and inserting ``2018''. (b) Improving Childhood Cancer Surveillance.--Section 399E-1 of the Public Health Service Act (42 U.S.C. 280e-3a) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to State cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Such registries shall be updated to include each occurrence of such cancers within a period of time designated by the Secretary. ``(b) Activities.--The grants described in subsection (a) may be used for-- ``(1) identifying, recruiting, and training all potential sources for reporting childhood, adolescent, and young adult cancer cases; ``(2) developing procedures to implement early inclusion of childhood, adolescent, and young adult cancer cases on State cancer registries through the use of electronic reporting; ``(3) purchasing infrastructure to support the early inclusion of childhood, adolescent, and young adult cancer cases on such registries; ``(4) submitting deidentified data to the Centers for Disease Control and Prevention for inclusion in a national database of childhood, adolescent, and young adult cancers; and ``(5) tracking the late effects of childhood, adolescent, and young adult cancers. ``(c) Coordination.--The Secretary shall ensure that information collected through State cancer registries under this section is collected in coordination with clinical and demographic information collected under section 417E.''. SEC. 4. REPORT TO IMPROVE DEVELOPMENT OF NEW DRUGS AND BIOLOGIC PRODUCTS TO TREAT CHILDHOOD CANCERS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on barriers to studying oncologic therapies in pediatric populations under section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c). (b) Content.--The report under subsection (a) shall include-- (1) an assessment of the feasibility of requiring studies for a pediatric oncologic indication under section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply; (2) recommendations to overcome any barriers identified in the report on how to improve research, development and access to new oncologic therapies for use in pediatric patients; and (3) an assessment of the potential impact of altering the exemption under subsection (k) of such section 505B. (c) Stakeholder Input.--The report under subsection (a) shall be developed with input from relevant stakeholders.

Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information (including date of diagnosis, age at diagnosis, and patient's gender, race, and ethnicity) for at least 90% of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States; (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data; and (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions.

Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Essential Oral Health Care Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS Sec. 101. Grants to support volunteer dental projects. TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS Sec. 201. Support for ensuring individuals enrolled in Medicaid have dental services access equal to the population of the State. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS SEC. 101. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS. Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following new section: ``SEC. 511. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS. ``(a) Authority To Make Grants.--In addition to any other payments made under this title to a State, the Secretary shall award grants to eligible entities as defined in subsection (b) to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with State licensing laws. ``(b) Eligible Entity.--An eligible entity under this subsection is an organization, such as a State or local dental association, or a dental education, dental hygiene education or postdoctoral dental education program accredited by the Commission on Dental Accreditation, or a community-based organization that partners with an academic institution, that is exempt from tax under section 501(c) of the Internal Revenue Code of 1986 and that offers a free dental services program for underserved populations. ``(c) Application.--An institution desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $3,000,000 for each of fiscal years 2010 through 2014.''. TITLE II--STATE OPTION FOR IMPROVING MEDICAID DENTAL SERVICES ACCESS SEC. 201. SUPPORT FOR ENSURING INDIVIDUALS ENROLLED IN MEDICAID HAVE DENTAL SERVICES ACCESS EQUAL TO THE POPULATION OF THE STATE. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Equal Access to Oral Health Care Plan.-- ``(1) Increase in fmap for states implementing approved equal access requirements.--In order to ensure adequate provider participation in the plan under this title and to ensure that individuals covered by the plan have access to oral health care services to the same extent as such services are available to the population of the State, subject to paragraph (3), in the case of a State that obtains the Secretary's approval for its plan under this title to incorporate, and to implement, the requirements specified in paragraph (2), notwithstanding section 1905(b), the Federal medical assistance percentage applied under the plan with respect to expenditures for dental and oral health services for individuals covered under the plan shall be increased by 25 percentage points, but not to exceed 90 percent, at the time the approved plan is implemented. ``(2) Provider participation and access requirements.--The requirements specified in this paragraph for a State are that the State provides the Secretary with assurances regarding each of the following: ``(A) Individuals covered by the State plan have access to oral health care services to the same extent as such services are available to the population of the State. ``(B) Payment for dental services for individuals covered by the State plan is made at levels consistent with market-based rates. ``(C) No fewer than 35 percent of the practicing dentists (including a reasonable mix of general dentists, pediatric dentists, and oral and maxillofacial surgeons) in the State participate (whether directly or through a plan providing dental services) under the State plan and there is reasonable distribution of such dentists serving the covered population. ``(D) Administrative barriers under this title are addressed to facilitate such provider participation, including improving eligibility verification, ensuring that any licensed dentist may participate in a publicly funded plan without also having to participate in any other plan, simplifying claims forms processing, assigning a single plan administrator for the dental program, and employing case managers to reduce the number of missed appointments. ``(E) Demand for services barriers under this title is addressed, such as educating caregivers regarding the need to seek dental services and addressing oral health care literacy issues. ``(3) 3-year review.--Beginning 3 years after the date of the enactment of this section and every 3 years thereafter the Secretary shall evaluate the impact of the increase in the Federal medical assistance percentage under this subsection on the rate of participation of dentists and the use of dental services under the State plan. If the Secretary determines that the increase in such percentage has not resulted in a commensurate increase in such participation and use rate, as determined in consultation with the State involved, paragraph (1) shall no longer apply in such State.'' (b) Effective Date.--The amendment made by this section shall apply to expenditures in calendar quarters beginning on or after October 1, 2009.

Essential Oral Health Care Act of 2009 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with state licensing laws. Amends SSA title XIX (Medicaid) to increase the federal medical assistance percentage (FMAP) for states implementing equal access requirements that ensure that individuals enrolled in the state Medicaid plan have access to oral health care services to the same extent as such services are available to the population of the state.

To amend titles V and XIX of the Social Security Act to improve essential oral health care for lower-income individuals under the Maternal and Child Health Program and the Medicaid Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Angeles Homeless Veterans Leasing Act of 2015''. SEC. 2. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. (a) In General.--The Secretary of Veterans Affairs may carry out leases described in subsection (b) at the Department of Veterans Affairs West Los Angeles Campus in Los Angeles, California. (b) Leases Described.--Leases described in this subsection are the following: (1) An enhanced-use lease of real property under subchapter V of chapter 81 of title 38, United States Code, for purposes of providing supportive housing, as that term is defined in section 8161(3) of such title. (2) A lease of real property for a term not to exceed 50 years to a third party to provide services that principally benefit veterans and their families and that are limited to one or more of the following purposes: (A) The promotion of health and wellness, including nutrition and spiritual wellness. (B) Education. (C) Vocational training, skills building, or other training related to employment. (D) Peer activities, socialization, or physical recreation. (E) Assistance with legal issues and Federal benefits. (F) Volunteerism. (G) Family support services, including child care. (H) Transportation. (I) Services in support of one or more of the purposes specified in subparagraphs (A) through (H). (3) A lease of real property for a term not to exceed 10 years to an institution of the State of California that has had a medical affiliation with the Department at the campus specified in subsection (a) for more than 20 years, if-- (A) the lease is consistent with the master plan described in subsection (e); (B) the provision of services to veterans is the predominant focus of the activities of the institution at the campus during the term of the lease; and (C) the institution expressly agrees to provide, during the term of the lease and to an extent and in a manner that the Secretary considers appropriate, services and support that-- (i) principally benefit veterans and their families, including veterans that are severely disabled, women, aging, or homeless; and (ii) may consist of activities relating to the medical, clinical, therapeutic, dietary, rehabilitative, legal, mental, spiritual, physical, recreational, research, and counseling needs of veterans and their families or any of the purposes specified in any of subparagraphs (A) through (I) of paragraph (2). (c) Limitation on Land-Sharing Agreements.--The Secretary may not carry out any land-sharing agreement pursuant to section 8153 of title 38, United States Code, at the campus specified in subsection (a) unless such agreement-- (1) provides additional health care resources to the campus; and (2) benefits veterans and their families other than from the generation of revenue for the Department of Veterans Affairs. (d) Prohibition on Sale of Property.--Notwithstanding section 8164 of title 38, United States Code, the Secretary may not sell or otherwise convey to a third party fee simple title to any real property or improvements to real property made at the campus specified in subsection (a). (e) Consistency With Master Plan.--The Secretary shall ensure that each lease carried out under this section is consistent with the new master plan under development as of the date of the enactment of this Act that will detail how the campus specified in subsection (a) will be used to benefit all veterans. (f) Compliance With Certain Laws.-- (1) Laws relating to leases and land use.--If the Inspector General of the Department of Veterans Affairs determines, as part of an audit report or evaluation conducted by the Inspector General, that the Department is not in compliance with all Federal laws relating to leases and land use at the campus specified in subsection (a), or that significant mismanagement has occurred with respect to leases or land use at the campus, the Secretary may not enter into any lease or land-sharing agreement at the campus, or renew any such lease or land-sharing agreement that is not in compliance with such laws, until the Secretary certifies to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus is located that all recommendations included in the audit report or evaluation have been implemented. (2) Compliance of particular leases.--No lease may be entered into or renewed under this section unless the lease complies with chapter 33 of title 41, United States Code, and all Federal laws relating to environmental and historic preservation. (g) Notification and Reports.-- (1) Congressional notification.--With respect to each lease or land-sharing agreement intended to be entered into or renewed at the campus specified in subsection (a), the Secretary shall notify the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus is located of the intent of the Secretary to enter into or renew the lease or land-sharing agreement not later than 45 days before entering into or renewing the lease or land-sharing agreement. (2) Annual report.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus specified in subsection (a) is located an annual report evaluating all leases and land- sharing agreements carried out at the campus. (3) Inspector general report.-- (A) In general.--Not later than each of two years and five years after the date of the enactment of this Act, and as determined necessary by the Inspector General of the Department of Veterans Affairs thereafter, the Inspector General shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each Member of the Senate and the House of Representatives who represents the area in which the campus specified in subsection (a) is located a report on all leases carried out at the campus and the management by the Department of the use of land at the campus, including an assessment of the efforts of the Department to implement the master plan described in subsection (e) with respect to the campus. (B) Consideration of annual report.--In preparing each report required by subparagraph (A), the Inspector General shall take into account the most recent report submitted to Congress by the Secretary under paragraph (2). (h) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements regarding the campus specified in subsection (a) that are authorized by law and not inconsistent with this section. (i) Principally Benefit Veterans and Their Families Defined.--In this section the term ``principally benefit veterans and their families'', with respect to services provided by a person under a lease of property, land-sharing agreement, or revocable license agreement-- (1) means services-- (A) provided exclusively to veterans and their families; or (B) that are designed for the particular needs of veterans and their families, as opposed to the general public, and any benefit of those services to the general public is ancillary to the intended benefit to veterans and their families; and (2) excludes services in which the only benefit to veterans and their families is the generation of revenue for the Department of Veterans Affairs. (j) Conforming Amendments.-- (1) Prohibition on disposal of property.--Section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2272) is amended by striking ``The Secretary of Veterans Affairs'' and inserting ``Except as authorized under section 2 of the Los Angeles Homeless Veterans Leasing Act of 2015, the Secretary of Veterans Affairs''. (2) Enhanced-use leases.--Section 8162(c) of title 38, United States Code, is amended by inserting ``, other than an enhanced-use lease under section 2 of the Los Angeles Homeless Veterans Leasing Act of 2015,'' before ``shall be considered''.

Los Angeles Homeless Veterans Leasing Act of 2015 This bill authorizes the Department of Veterans Affairs (VA) to carry out certain leases at the VA's West Los Angeles Campus in Los Angeles, California, for: (1) supportive housing; (2) health, education, family support, vocational training, and other services that principally benefit veterans and their families; and (3) a lease of real property to a California institution that has had a long-term medical affiliation with the VA at such Campus.

Los Angeles Homeless Veterans Leasing Act of 2015